Item P03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January
16,
2008
Division: Growth Management
Bulk Item: Yes _
No
X
Department: Planning & Environmental Resources
Staff Contact: Andrew Trivette Division Director
Susan Grimslev. Assist. Co. Attv.
AGENDA ITEM WORDING: A public hearing imposing an Interim Development Ordinance
prohibiting the approval of new allocations of ROGO or NROGO for Big Pine Key and No Name Key
until such time as a mitigation ordinance is adopted by the Board of County Commissioners or to be
effective for allocations through and including the ROGO Allocation Quarter ending July 14, 2008.
ITEM BACKGROUND: During the spring and fall of 2000 the residents and property owners of Big
Pine and No Name Keys worked with Monroe County planning staff to develop the Master Plan for
Future Development on Big Pine No Name Keys (Master Plan). However, in order for any new
development to occur, including road widening improvements to US 1, an Incidental Take Permit (ITP)
permit from the U. S. Fish and Wildlife Service (USFWS) was required. Consequently, Monroe
County, the Florida Department of Transportation, and the Florida Department of Community Affairs
applied for an Incidental Take Permit (ITP). To comply with the issuance criteria of the ITP, Monroe
County and the co -applicants were required to develop a Habitat Conservation Plan (HCP) to mitigate
the incidental take of the Key Deer resulting from development activities. The mitigation measure
proposed was land acquisition. The purpose of the mitigation ordinance is to establish a funding source
or other mechanism for land acquisition and conservation, in order to ensure that development bears its
fair share of mitigation. Until this point, the County had enough land in its name to cover the
mitigation required for new development.
PREVIOUS RELEVANT BOCC ACTION:
Habitat Conservation Plan adopted — April 2003
Master Plan for Big Pine Key and No Name Key adopted — December 2004
Interim Development Ordinance prohibiting the approval of new Allocations of ROGO and NROGO —
November 2007 (which expires January 31, 2008)
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMIVIISSIONERS IMPOSING AN INTERIM DEVELOPMENT
ORDINANCE PROHIBITING THE APPROVAL OF NEW ALLOCATIONS
OF ROGO OR NROGO FOR BIG PINE KEY AND NO NAME KEY UNTIL
SUCH TIME AS A MITIGATION ORDINANCE IS ADOPTED BY THE
BOARD OF COUNTY COMMISSIONERS OR TO BE EFFECTIVE FOR
ALLOCATIONS THROUGH AND INCLUDING THE ROGO ALLOCATION
QUARTER ENDING JULY 14, 2008 WHICHEVER OCCURS FIRST;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL INCONSISTENT PROVISIONS; PROVIDING FOR THE
TRANSMITTAL OF THIS ORDINANCE TO THE STATE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, utilization of the moratorium as a temporary measure to facilitate governmental decision -making,
study, and the adoption of comprehensive plan amendments and/or land development regulations, is a legitimate
governmental tool to facilitate logical and considered growth and a means of avoiding inefficient and ill-
conceived development; and
WHEREAS, development on Big Pine Key and No Name Key is subject to the requirements of the Habitat
Conservation Plan adopted in April, 2003 and the Master Plan for Future Development of Big Pine Key and No
Name Key which was effective in December, 2004 ; and
WHEREAS, Florida Department of Transportation, Monroe County and the Florida Department of
Community Affairs received a Federal Fish and Wildlife Incidental Take Permit (ITP) dated June 9, 2006
which limits development based on the potential taking of threatened and endangered species; and
WHEREAS, a certain amount of property in its natural state is required to comply with the requirements in the
above documents; and
WHEREAS, to date, property owned by Monroe County as habitat for threatened and endangered species has
been sufficient to compensate for the permitted development on Big Pine Key and No Name Key; and
WHEREAS, there is no longer surplus real property constituting habitat for threatened or endangered species
owned by Monroe County sufficient to cover mitigation for public and private development; and
WHEREAS, property sufficient to compensate for the effects of development will have to be provided in order
to mitigate the effects; and
WHEREAS, Monroe County finds it in the best interest of the public to establish a temporary moratorium on
approval of allocations for building permits on Big Pine Key and No Name Key in order to determine the extent
of mitigation required and the method of exacting such mitigation; and
WHEREAS, the Planning Commission recommended a six month interim development ordinance at its
meeting on November 7, 2007 and the Board of County Commissioners approved a two month time period in
Ordinance No.44- 2007 which expires January 31, 2008;
WHEREAS, the Planning Commission held a public hearing on this matter January 8, 2008;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY:
Section 1. Incorporation of Recitals. The Board of County Commissioners adopts the preceding Findings of
Fact and Conclusions of Law in support of its enactment of this Interim Development Ordinance.
Section 2 . Interim Development Regulations. Commencing February 1, 2008 Staff is directed to continue to
defer the allocation of ROGO and NROGO awards for Big Pine Key and No Name Key until land development
regulations can be passed establishing methods and amounts of mitigation required for allocations for building
permits on Big Pine Key and No Name Key, or to be effective for allocations through and including the ROGO
allocation quarter ending July 14, 2008 whichever occurs first; based on the quarterly evaluation and allocation
system.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance.
Section 4. Repeal of Conflicting Provisions. The provisions of the Monroe County Code and all Ordinances
or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed or stayed as
necessary during the effective dates of this ordinance.
Section 5. Approval by the State Department of Community Affairs. The provisions of this Ordinance
constitute a "land development regulation" as State law defines that term. Accordingly, the Monroe County
Clerk is authorized to forward a copy of this Ordinance to the State Department of Community Affairs for
approval pursuant to Sections 380.05(6) and (11), Florida Statutes and to the Secretary of State for the State of
Florida, as required.
Section 6. Effective Date. This Ordinance shall be effective immediately upon approval by the State
Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular
meeting of said Board on the day of , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
Mayor Charles :"Sonny" McCoy
(SEAL)
ATTEST: Danny L. Kolhage, CLERK
Deputy Clerk MOLAR COUNTY ATTORNEY
APP/ EDAM FORD
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r 3
To: Board of County Commissioners
Through: Andrew Trivette, Director of Growth Management
Townsley Schwab, Acting Planning Director
From: Susan Grimsley, Asst. County Attorney
Date: December 20, 2007
RE: PROPOSED INTERIM DEVELOPMENT ORDINANCE FOR BIG PINE KEY
AND NO NAME KEY
Proposal: Planning Commission - At the October 10, 2007 meeting of the Planning Commission,
the Commission instructed staff to draft an ordinance to prevent the award of allocations on Big
Pine Key and No Name Key for ROGO and NROGO until an ordinance determining the type of
mitigation, and imposing and calculating mitigation could be passed. A moratorium on the award
of ROGO allocations was passed by the BOCC effective December 1, 2007 for two months. It
expires January 31,2008. The proposed ordinance directs staff to defer allocation of ROGO and
NROGO awards for Big Pine Key and No Name Key commencing February 1, 2008, until
methods for mitigation for impacts to protected and endangered species can be established or for a
length of time which covers the allocations through July 14, 2008, whichever occurs first.
A. Previous County Action
BOCC - the Big Pine Key Habitat Conservation Plan was adopted as part of the Comprehensive
Plan in April, 2003. The Master Plan for Future Development of Big Pine Key and No Name Key
was adopted and effective in December, 2004. Monroe County applied for an Incidental Take
Permit along with Florida Department of Transportation, and the Florida Department of
Community Affairs in May 2003. The Incidental Take Permit is dated June 9, 2006. These
documents require mitigation by land preservation in order to allow further development. Until
this point, the County had enough land in its name to cover the mitigation required for new
development.
Development Review Commission - On November 6, 2007 the Development Review Committee
will meet to review this moratorium and consider staff comments and those of the public.
The Planning Commission considered the original moratorium at its November 7, 2007 meeting,
and recommended approval for six (6) months. The Planning Commission will consider this
proposed extension at its regular meeting on January 8, 2008.
B. Background
During the spring and fall of 2000 the residents and property owners of Big Pine and No Name
Keys worked with Monroe County planning staff to develop the Master Plan for Future
Development on Big Pine No Name Keys (Master Plan). However, in order for any new
development to occur, including road widening improvements to US 1, an Incidental Take Permit
(ITP) permit from the U. S. Fish and Wildlife Service (USFWS) was required. Consequently,
Monroe County, the Florida Department of Transportation, and the Florida Department of
Community Affairs applied for an Incidental Take Permit (ITP). To comply with the issuance
criteria of the ITP, Monroe County and the co -applicants were required to develop a Habitat
Conservation Plan (HCP) to mitigate the incidental take of the Key Deer resulting from
development activities.
The mitigation measure proposed was land acquisition. The applicants proposed to acquire and
conserve habitat lands totaling three (3) times the harvest value (H value) impacted by
development. This proposal is incorporated into the Master Plan as Action Item 9.2.4, which
proposes the creation of an environmental mitigation fee for land acquisition. The purpose of the
mitigation fee is to establish a funding source for land acquisition and conservation, in order to
ensure that development bears its fair share of mitigation.
C. Intent - It is the intent of this interim development ordinance to temporarily halt award of
building permits for new development (not repairs or reconstruction) in order to pass a mitigation
ordinance. The mitigation ordinance has been drafted.
D. Consistency with Land Development Regulations and Comprehensive Plan
This interim development ordinance is consistent with the Land Development Regulations and
Comprehensive Plan because there are new issues as well as policies in the Big Pine Master Plan
which need to be addressed. A moratorium is the only way to provide time to consider these issues
and compose new regulations.
E. Staff Recommendation
Staff recommends approval of this ordinance.
fV1
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be friendly, professional. and Fair
To: The Board of County Commissioners
From: Townsley Schwab, Acting Director of Planning & Env. Res.
Through: Andrew Trivette, Growth Management Director
Date: January 9, 2008
Meeting date: January 16, 2008
Re: Interim Development Ordinance
Big Pine and No Name Key
3
At the Panning Commission meeting on January 8, 2008 the Commission voted unanimously against
imposing an Interim Development Ordinance prohibiting the approval of new allocations of ROGO or
NROGO for Big Pine Key and No Name Key, and allowing allocations as long as there is mitigation
land available. This includes land set aside for public project mitigation.
Cc: Randy Wall
C
;tom f., •y Rf.R; A Tyr!:-rrR«!
KEY DEER PROTECTION ALLIANCE, INC.
P.O. Box 430224
Big Pine Key, Florida
33043-0224
January 16, 2oo8
To: Mayor McCoy and Fellow Monroe County Commissioners.
Re: Monroe County Board of County Commissioners Regular Meeting, Key West, FL.
"Agenda Item: P-3. A public hearing imposing an Interim Development Ordinance
prohibiting the approval of new allocations of ROGO of NROGO for Big Pine Key
and No Name Key until such time as a mitigation ordinance is adopted by the
Board of County Commissioners or to be effective for allocations through and
including the ROGO Allocations Quarter ending July 14, 2008.
Dear Mayor and Fellow Commissioners:
In an attempt to put the issue into perspective, we would like to point out the following.
• 168 acres of land will be impacted by the development activities allowed by our
2010 Comp Plan and HCP/ITP through the 20-year period.
• 27o acres of conservation lands need to be acquired to meet the total amount of
mitigation required by our 2010 Plan and HCP/ITP.
• 62 acres of conservation land is needed to mitigate the impacts of the planned
200 single family residential ROGO units.
• 47 of the 200 SFR units have been permitted and mitigated for by the County.
• 47 acres of conservation land needs to be acquired for the remaining 153 single
family residential ROGO permits. Less than so acres!
This is a doable task. Sure, we could use some help. So, let's finally make a serious effort
to find grants to offset the land acquisition costs.
-t-
V '3
By approving the proposed moratorium six, perhaps as many as eight, ROGO
applications could be delayed. So, as many as six ROGO applicants could be delayed —
that is because two applicants are in the queue for more than one single family
residence. The first four in line all entered the ROGO queue in 2007. And, six of the
eight applications which may be delayed are for development in Tier 2 lands, where one
would expected a longer wait for an allocation.
Keep in mind prior to the HCP/ITP and the 2004 changes to our Comp Plan only eight
allocations per year, including affordable housing, were allowed. More importantly,
those eight applicants were automatically handicapped negative points and competed
with the entire Lower Keys sub area. So, even with out the Level of Service moratorium
in place, there has been a defacto moratorium on Big Pine Key and No Name Key since
January 4,1996.
In fact in many cases the regulations in the current 2010 Comp Plan and HCP/ITP are
less restrictive than what we had in our Comp Plan prior to the Master Plan and HCP.
Also keep in mind, while in clear violation of the 2010 Comp Plan, we have issued more
than 8 permits a year and more than io permits a year in spite of a concurreney
moratorium. For that reason alone, especially considering the changes that have
occurred in the DCA over the last two years, ROGO and NROGO allocations should be
put on hold until the County comes into compliance with its own plan which would
mean, coincidentally, a moratorium including the ROGO Quarter ending July 14, 20o8.
To some, particularly those looking at this issue from a personal perspective, the
County's mitigation commitment is seen as unreasonable. But, from the broader
perspective of endangered species protection, the County was given a permit to literally
kill a certain number of a federally listed endangered species despite the fact that even
under the existing terms of the HCP/ITP over i,000 acres of Tier 1 lands will remain
unprotected from development at the end of the 2o-yoE period in 202-q.
Thank you.
-2-
Sincerely, y�
(�- µ ®Gjr
Alicia Putney, Board AdvisW