Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 21, 2004
Bulk Item: Yes No X
- -
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING:
Public hearing to consider a DCA Transmittal Resolution of an amendment to Policy 101.6.2 on the Monroe
County Year 2010 Comprehensive Plan to provide the Land Authority greater latitude in the acquisition of land
from willing private owners.
ITEM BACKGROUND:
Objective 101.6 directs the County to expand the Monroe County Land Authority acquisition program to purchase land from
property owners who have applied but have not received a ROGO permit for four years (Administrative Relief).
[One public hearing required]
Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan requires the Monroe County Land Authority dedicate
a minimum of 35 percent of its annual budget each year for the purpose of acquiring land from property owners through
Administrative Relief. Funds accumulated from this source shall be reserved for the acquisition of land from qualified
property owners.
Mark J. Rosch, Executive Director of the Monroe County Land Authority, in an August 8, 2003 memorandum to James L
Roberts, Monroe County Administrator, discussed the limits for acquisition imposed by Policy 101.6.2. The memorandum
is attached as "Exhibit An.
At the 11/24/03 DRC public meeting, the DRC recommended the Staff Text. At the 12/3/03 PC public hearing, the PC
revised the DRC text and recommended a revised text that limits acquisition to environmental areas. Staff
continues to support the version which offers the Land Authority greater latitude in the acquisition of land. Both
Planning Department and Planning Commission versions are included.
PREVIOUS RELEVANT BOCC ACTION:
At the BOCC public hearing of August 20, 2003, after a review and discussion of the Mark Roth memorandum, the Monroe
County Board of County Commissioners directed the Growth Management Division of the County to amend the
Comprehensive Plan and take other necessary steps in order to implement the Florida Keys Carrying Capacity Study (Goal
105 of the Comp Plan), and to provide the Land Authority greater latitude in the acquisition of land from willing sellers
(BOCC Resolution 346-2003).
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No
N/A Year
APPROVED BY: County Atty ~ OMB/Purch
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow
DISPOSITION:
AGENDA ITEM #
J{L
AMENDMENT TO THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN
Transmittal Hearing
Board of County Commissioners
Harvey Government Center
January 21, 2004
PROPOSED AMENDMENT TO MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN
A request filed by the Monroe County Department of Planning
concerning an amendment to Policy 101.6.2 for the purpose of
providing the Land Authority greater latitude in the acquisition of land
from willing private owners.
Comprehensive Plan Recommendations
Staff
Approval
October 15, 2003
Staff Report
DRC
Approval
November 24,2003
Resolution #035-03
PC
Approval
December 3,2003
Resolution #P79-03
TRANSMITTAL RESOLUTION
(Planning Commission)
RESOLUTION NO.
-2004
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMlTfING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING
AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND
POLICY 101.6.2 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO PROVIDE THE LAND AUTIIORITY
GREATER LATITUDE IN THE ACQUISITION OF LAND FROM
WILLING SELLERS.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on January 21, 2004, for the purpose of considering the transmittal to the Florida
Department of Community Affairs, for review and comment, a proposed amendment to
Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan~ and
WHEREAS, the Monroe County Board of County Commissioners support the
recouunendation proposed by the Monroe County Development Review Committee
(DRC Resolution No. 035-03) to amend Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners support the
recommendation proposed by the Monroe County Planning Commission (PC Resolution
No. 79-03) to amend Policy 101.6.2 of the Monroe County Year 2010 Comprehensive
Plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the
recommendations of the Planning Commission pursuant to the draft ordinance for the
adoption of the proposed amendment to Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan~ and
Section 2. The Board of County Commissioners does hereby transmit the propo~ .
amendment to the Florida Department of Community Affairs for review and comment in - -~:..-
accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes~ and
Sedioll 3. The Monroe County Staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in
accordance with the requirement of9J-11.006 of the Florida Administrative Code; and
7: ,/ T
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Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County. Florida, at a regular meeting of said Board held on the
day of . 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
Attest; DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
MONRO~ r,O'-'~'TV ArrO~NeY
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CHIEf A::.r,",;'" (.i "'3,.: >:HNEV
Date 1- 5""'- 0 ._
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ORDINANCE NO. ..2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND POLICY 101.6.2 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN GIVING THE LAND
AUTHORITY GREATER LATITUDE IN SPENDING FUNDS TO ACQUIRE
LANDS FROM WILLING SELLERS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Objective 101.6 directs the County to expand the Monroe
County Land Authority acquisition program to purchase land from property
owners who have applied but have not received a ROGO permit for four years
(Administrative Relief); and
WHEREAS, Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan requires the Monroe County land Authority to dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from property owners through Administrative Relief: and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners; and
WHEREAS, Mark J. Rosch, Executive Director of the Monroe County Land
Authority, in an August 8, 2003 memorandum to James L. Roberts, Monroe
County Administrator, discussed the limits for acquisition imposed by Policy
101.6.2. The memorandum is attached as "Exhibit A"; and
WHEREAS, after a review and discussion of the memorandum by the
Monroe County Board of County Commissioners. the Commission directed the
Growth Management Division of the County to amend the Comprehensive Plan
and take other necessary steps in order to implement the Florida Keys Carrying
Capacity Study, Goal 105 of the Monroe County Year 2010 Comprehensive Plan,
and SOCC Resolution 346-2003 to provide the Monroe County Land Authority
greater latitude in the acquisition of land from willing owners; and
WHEREAS, SOCC Resolution 346-2003 designated and mapped
Conservation and Natural Areas that are areas proposed for future acquisition by
the County, State. and Federal agencies for conservation or resource protection;
and
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WHEREAS, the Monroe County Board of County Commissioners. on
August 20th 2003, directed the Growth Management Division staff to prepare
amendments to the Monroe County Year 2010 Comprehensive Plan that will
permit Land Authority ROGO reserve funds currently dedicated for administrative
Relief to also be used to acquire other lands from willing owners in the
Conservation and natural areas; and
WHEREAS, funds accumulated in the Land Authority ROGO reserve shall
be reserved for the acquisition of land from qualified property owners, but may
also be used to acquire other properties proposed for acquisition by
governmental agencies for the purposes of conservation or resource protection;
and
WHEREAS, the Board finds that there is a need to amend Policy 101.6.2
in order to expand the opportunities for the land Authority to acquire privately
WHEREAS, at the Development Review Committee public meeting of
November 24. 2003, the Committee recommended approval of the proposed
amendment; and
WHEREAS, at the Planning Commission at a public hearing of December
3. 2003, amended the staff recommendation and limited acquisition to only
environmental areas and recommended the amended text: and
WHEREAS, this Board reviewed the following:
1. Staff report prepared on December 12, 2003 by Fred Gross, Director of Lower
Keys Planning Team.
2. Memorandum of August 8th, 2003 prepared by Mark J. Rosch, Executive
Director, land Authority.
2. The swom testimony of the Growth Management Staff; and
WHEREAS, this Board finds that the proposed change is consistent with
Section 9.5-511(d){5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS. this Board finds that the proposed change is consistent with
the goals of the Monroe County Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
I Underlined text is new.
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Section 1. Objective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to aCQuire other orooerties orooosed for
acauisition bv oovernmental aoencies for ourooses of conservation or resource
protection.
Section 2. If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4, The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
the State of Florida. but shall not become effective until a notice is Issued by the
Department of Community Affairs or Administration Commission finding the
amendment in compliance with Chapter 163, Florida Statutes.
[The balance of this page is Intentionally left blank]
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tern David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(SEAL)
Mayor Murray Nelson
ATTEST: DANNY KOHLAGE. CLERK
DEPUTY CLERK
FE
ROB ~. T :nol\~E,(
c~'Ef fo,9S'~&t/C~Ji1~ -
Ol\'-:.L:Z
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EXHIBIT "A"
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Exhibit "Au
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207 · KEY WEST, FLORlpA 33040
PHON!: (305) 295-5180 · FAX (305) 295-5181
ME M 0 R A N.D U M
TO: James L. Roberts, County Administrator
FROM:
Mark J. Rosch. Executive Director M ~
Monroe County Land Authority ~
DATE: August 8. 2003
SUBJECT: Land Authority ROGO Reserve
Pursuant to Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan, the Monroe
County Land Authority has established a budgetary reserve for the purchase of property to
provide administrative relief to ROGO applicants. Since FY 93, the Land Authority has set aside
35% of its recurring land acquisition revenue into this reserve. To date there have been no
expenditures from this reserve and thus the balance has grown over the years to its current
level of $3.4 million. The ROGO reserve in the proposed FY 04 budget is $3.8 million.
The County's ROGO ordinance has been in effect for 11 years. To date the Land Authority has
purchased property from six ROGO administrative relief applicants at a total cost of
approximately $800,000. All but $12,000 of this total was paid for with State funds that are no
longer available (Preservation 2000 funds appropriated to the Land Authority by the Florida
Legislature).
The ROGO ordinance creates a contingent liability that is difficult to forecast. The variables
include: 1) how many property owners will choose to enter the ROGO competition; 2) how many
ROGO allocations will be available for the County to issue; 3) which applicants will compete
unsuccessfully for four years and become eligible for administrative relief; 4) which of the
eligible applicants will choose to apply for administrative relief; 5) what form of administrative
relief the Board will choose to offer, 6) how many eligible applicants will be willing sellers; and 7)
the purchase price for a given property.
As of the most recent ROGO ranking approved by the County Planning Commission (April 14,
2003), there were 305 applications denied a ROGO allocation. Of these 305, 48 have already
been in ROGO for 4 years and have either declined the Land Authority's purchase ofter or have
not applied for administrative relief. Depending on the outcome of future rankings. a maximum
of 23 additional applications may have been in ROGO for 4 years by this time next year.
V\',lat budgetary impact will this situation have? It is impossible to know for sure. After 11
years, the impact has only been $800,000. Assuming an average assessed value of $45,000
per parcel, the assessed value of the 48 M4-year aids. is approximately $2.1 million. By this time
next year if the 23 M3-year aids. are still in ROGO, the estimated assessed value of potential
administrative relief properties will be $3.2 million. The estimated assessed va~ue of all 305
applications is $13.7 million. These figures are only rough estimates, but they illustrate the
potential order of magnitude involved and the high degree of uncertainty.
The Land Authority's ROGO reserve was established pursuant to Policy 1.01.6.2 of the
Comprehensive Plan. Should the Board wish to use a portion of the reserve for acquisitions
outside of the ROGO administrative relief process, the Board should proceed by directing staff
to initiate a plan amendment.
2
TRANSMITTAL RESOLUTION J
(Staff)
-"
_.-...::...--
1': /,
3~'tfd
RESOLUTION NO.
-2003
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSJONERS TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST FILED BY THEPLANNrNG
AND ENVJRONMENT AL RESOURCES DEPARTMENT TO AMEND
POLICY 101.6.2 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO PROVIDE THE LAND AUTHORITY
GREATER LATITUDE IN THE ACQUISITION OF LAND FROM
WILLING SELLERS.
WHEREAS, the Monroe County Board of County Commissioners held a public
hearing on January 21, 2004, for the purpose of considering the transmittal to the Florida
Department of Community Affairs, for review and comment, a proposed amendment to
Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, thc Monroe County B('llrd of County Commissioners support the
recommendation proposed by the Monroc County Development Review Committcc
(ORC Resolution No. 035-03) to amend Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan; and
WHEREAS, the Monroe County Bc.ard of County Commissioners support the
recommendation proposed by the Monroe Cc'unty Planning Commission (PC Resolution
No. 79-03) to amend Policy 101,6.2 of the Monroe County Year 2010 Comprehensive
Plan~
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. The Board of County Commissioners does hereby adopt the
recommendations of the Planning DepartmE:nt pursuant to the draft ordinance for the
a.doption of the proposed amendment to Polky 101.6.2 of the Morum: County Year 2010
Comprehensive Plan; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 1 ~3 J J 84 and 380.0522, Florida Statutes; and
Section 3. The Monroe County Staff is given the authority to prepare and submit the
required transmitta.l lctter and supporting documents for the proposed amendment in
accordance with the requirement of9J-11.00t- of the Florida Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director ofPlannmg and Environmental Resources.
9tSC~S~S0cal 331330 ^~~~ ^~Nn03 30~NOW'WO~3 to'60 ~0-S0-N~r
"'::'/r"\\-'/r_'
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the ___day of . A.D.. 2004.
Mayor Murray Nelson
Mayor Pro Tem David P. Ril;e
Commissioner Charles "Sonny" McCoy
Commissioner George Neunent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN'TY, FLORIDA
BY
(SEAL)
Mayor Mumiy Nelson
ATTEST: DANNY KOHLAGE. CLERK
DEPUTY CLERK
or~r:>''''':>''''r>lr'nr ""','>'>('1 ",~.r"" .>.r,NnO:J ::JOi'lNOW'WOi'l.:l_LJa.'~0 f:>0-50-N'dr
BOCC ORDINANCE
[STAFF PROPOSED TEXT]
JAN-0S-04 11.08 FROM.MONROE COUNTY ATTY OF~jLb
lLJ.;J"'~~~:.:...;,.O
ORDINANCE NO. -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND POLICY 1 01.6.2 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN GIVING THE LAND
AUTHORITY GREATER LATITUDE IN SPENDING FUNDS TO ACQUIRE
LANDS FROM WILLING SELLERS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Objective 101.6 directs the County to expand the Monroe
County Land Authority acquisition program to purchase land from property
owners who have applied but have not received a ROGO permit for four years
(Administrative Relief); and
WHEREAS, Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan requires the Monroe County Land Authority to dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from property owners through Administrative Relief; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners; and
WHEREAS, Mark J. Rosch, Executive Director of the Monroe County Land
Authority, in an August 8, 2003 memorandum to James L. Roberts, Monroe
County Administrator, discussed the limits for acquisition imposed by Policy
101.6.2. The memorandum is attached as "exhibit A"; and
WHEREAS. after a review and discussion of the memorandum by the
Monroe County Board of County Commissioners, the Commission directed the
Growth Management Division of the County to amend the Comprehensive Plan
and take other necessary steps in order to implement the Florida Keys Carrying
Capacity Study. Goal 105 of the Monroe County Year 2010 Comprehensive Plan,
and soee Resolution 346-2003 to provide the Monroe County Land Authority
greater latitude in the acquisition of land from willing owners; and
WHEREAS, SOCC Resolution 346-2003 designated and mapped
Conservation and Natural Areas that are areas proposed for future acquisition by
the County. State. and Federal agencies for conservation or resource protection;
and
Page 1 of 4
C;\WINNnProflles\thomss-dawn\$tuff\Temporary Internet Files\OLKE2\BOCC ORD Q12104(2).dOC
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JAN-05-04 11,08 FROH,HONROE COUNTY ATTY OFFICE
10,3052923516
WHEREAS, the Monroe County Board of County Commissioners, on
August 20'h 2003, directed the Growth Management Division staff to prepare
amendments to the Monroe County Year 2010 Comprehensive Plan that will
permit Land Authority ROGO reserve funds currently dedicated for administrative
Relief to also be used to acquire other lands from willing owners in the
Conservation and natural areas; and
WHEREAS, funds accumulated in the Land Authority ROGO reserve shall
be reserved for the acquisition of land from qualified property owners, but may
also be used to acquire other properties proposed for acquisition by
governmental agencies for the purposes of conservation or resource protection;
and
WHEREAS, the Board finds that there is a need to amend Policy 101.6.2
in order to expand the opportunities for the Land Authority to acquire privately
owned land; and
WHEREAS, at the Development Review Committee public meeting of
November 24, 2003, the Committee recommended approval of the proposed
amendment; and
WHEREAS, at the Planning Commission at a public hearing of December
3. 2003. the Commission recommended approval of the proposed amendment;
and
WHEREAS, this Board reviewed the following:
1. Staff report prepared on December 12, 2003 by Fred Gross, Director of Lower
Keys Planning Team.
2. Memorandum of August 8l11, 2003 prepared by Mark J. Rosch. Executive
Director, Land Authority.
2. The sworn testimony of the Growth Management Staff; and
WHEREAS. this Board finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, this Board finds that the proposed change is consistent with
the goals of the Monroe County Year 2010 Comprehensive Plan;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA. THAT:
Page 2 of 4
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6/8
JAN-05-04 11 ,0~ r~UM'HUN~U~ ~UUN!~ ~!!~
u,....~J.\...!;;.
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! Underlined text is new.
Section 1. Objective 101.6
Policy 101.6.2
By fiscal year 1998. the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to aCQuire other orooerties when deemed
aooropriate bv the Land Authority.
Section 2. If any section. subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder shall not be affected by
such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380. Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
the State of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission finding the
amendment in compliance with Chapter 163, Florida Statutes.
[The balance of this page is intentionally left blank]
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JAN-05-04 JJ.08 FROM.MONROE COUNT~ A~I~ U~~j~~
jU'~IO:;,..::::t.L,,);)"b
. ,...,,~...
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2004.
Mayor Murray Nelson
Mayor Pro T em David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY
Mayor Murray Nelson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
tr(~ ~110~"E'/
t.\ONROE cOu RloA".
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Page 4 of 4
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EXHIBIT "A"
.-..--."
Exhibit "A"
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207 · KEY WEST, FLORlpA 33040
PHON!: (305) 295-5180 · FAX (305) 295-5181
ME M 0 R A N.D U M
TO: James L. Roberts, County Administrator
FROM:
Mark J. Rosch, Executive Director M ~
Monroe County Land Authority ~
DATE: August 8. 2003
SUBJECT: Land Authority ROGO Reserve
Pursuant to Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan, the Monroe
County Land Authority has established a budgetary reserve for the purchase of property to
provide administrative relief to ROGO applicants. Since FY 93. the Land Authority has set aside
35% of its recurring land acquisition revenue into this reserve. To date there have been no
expenditures from this reserve and thus the balance has grown over the years to its current
level of $3.4 million. The ROGO reserve in the proposed FY 04 budget is $3.8 million.
The County's ROGO ordinance has been in effect for 11 years. To date the Land Authority has
purchased property from six ROGO administrative relief applicants at a total cost of
approximately $800.000. All but $12,000 of this total was paid for with State funds that are no
longer available (Preservation 2000 funds appropriated to the Land Authority by the Florida
Legislature) .
The ROGO ordinance creates a contingent liability that is difficult to forecast. The variables
include: 1) how many property owners will choose to enter the ROGO competition; 2) how many
ROGO allocations will be available for the County to issue: 3) which applicants will compete
unsuccessfully for four years and become eligible for administrative relief; 4) which of the
eligible applicants will choose to apply for administrative relief; 5) what form of administrative
relief the Board will choose to offer; 6) how many eligible applicants will be willing sellers: and 7)
the purchase price for a given property.
As of the most recent ROGO ranking approved by the County Planning Commission (April 14,
2003), there were 305 applications denied a ROGO allocation. Of these 305,48 have already
been in ROGO for 4 years and have either declined the Land Authority's purchase offer or have
not applied for administrative relief. Depending on the outcome of future rankings, a maximum
of 23 additional applications may have been in ROGO for 4 years by this time next year.
.~_._.~ -~-----._- ------
'A',lat budgetary impad will this situation have? It is impossible to know for sure. After 11
years, the impad has only been $800,000. Assuming an average assessed value of $45.000
per parcel, the assessed value of the 48 M4-year olds. is approximately $2,1 million, By this time
next year if the 23 M3-year olds. are still in RaGa, the estimated assessed value of potential
administrative relief properties will be $3,2 million. The estimated assessed value of all 305
applications is $13.7 million. These figures are only rough estimates, but they illustrate the
potential order of magnitude involved and the high degree of uncertainty,
The Land Authority's RaGa reserve was established pursuant to Policy 1.01.6.2 of the
Comprehensive Plan. Should the Board wish to use a portion of the reserve for acquisitions
outside of the RaGa administrative relief process, the Board should proceed by directing staff
to initiate a plan amendment.
---~-
2
BOCC STAFF REPORT
MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Fred Gross, Director of Lower Keys Planning Team
DATE: December 18, 2003
RE: Amendment to Policy 101.6.2 on the Monroe County Year 2010
Comprehensive Plan to provide the Land Authority greater latitude in the
acquisition of land from willing private owners.
I. BACKGROUND
Objective 101.6 directs the County to expand the Monroe County Land Authority
acquisition program to purchase land from property owners who have applied but have
not received a ROGO permit for four years (Administrative Relief).
Policy 101.6.2 of the Monroe County Year 2010 Comprehensive Plan requires the
Monroe County Land Authority dedicate a minimum of 35 percent of its annual budget
each year for the purpose of acquiring land from property owners through Administrative
Relief. Funds accumulated from this source shall be reserved for the acquisition of land
from qualified property owners.
Mark J. Rosch, Executive Director of the Monroe County Land Authority, in an August 8,
2003 memorandum to James L. Roberts, Monroe County Administrator, discussed the
limits for acquisition imposed by Policy 101.6.2. The memorandum is attached as
"Exhibit A".
After a review and discussion of the memorandum by the Monroe County Board of
County Commissioners, the Commission directed the Growth Management Division of
the County to amend the Comprehensive Plan and take other necessary steps in order
to implement the Florida Keys Carrying Capacity Study (Goal 105 of the Comp Plan),
and BOCC Resolution 346-2003 to provide the Land Authority greater latitude in the
acquisition of land from willing owners.
At the November 24th, 2003 public meeting of the Development Review Committee, the
Committee voted to recommend APPROVAL to the Planning Commission (DRC
Resolution 035-03. The resolution approved by the Development Review Committee
and approved by Growth Management Staff contained the following language:
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acqUiring land
from qualified property owners as defined by Policy 101.6. 1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but mav also be used to aCQuire other IJrolJerties when
deemed aoorooriate bv the Land Authoritv.
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W:\Planning\Working Folders\Gross-Fred\Land Auth. Policy 101 ,6\BOCC staff report.doc
At the December 3rd, 2003 public hearing of the Planning Commission, the Commission
voted to recommend APPROVAL to the Board of County Commissioners. The Planning
Commission revised the DRC language to read as follows:
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6. 1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to aCQuire other orooerties orooosed for
aCQuisition bv aovernmental aaencies for ourooses of conservation or
resource orotection.
II. METHODOLOGY
BOCC Resolution 346-2003 designated and mapped Conservation and Natural Areas.
These areas contain lands proposed for future acquisition by the County, State, and
Federal agencies for conservation or resource protection.
The BOCC has directed the Growth Management Division staff to prepare amendments
to the Monroe County Year 2010 Comprehensive Plan that will permit Land Authority
funds currently dedicated for administrative Relief to also be used to acquire other lands
from willing owners in the Conservation and natural areas.
The Planning Staff proposes that Policy 101.6.2 of The Monroe County Year 2010
Comprehensive Plan are amended as follows:
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to aCQuire other orooerties when
deemed aoorooriate bv the Land Authoritv.
The Planning Commission proposes that Policy 101.6.2 of The Monroe County Year
2010 Comprehensive Plan are amended as follows:
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to aCQuire other orooerties orooosed for
aCQuisition bv aovernmental aaencies for ourooses of conservation or
resource orotection.
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III. ANALYSIS & FINDINGS OF FACT
1. Staff finds that there is a need to amend Policy 101.6.2 in order to expand the
opportunities for the Land Authority to acquire privately owned land.
2. Staff finds that the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv)
New Issues and (v) Recognition of a need for additional detail or
comprehensiveness.
3. Staff finds that the proposed change is consistent with the goals of the Monroe
County Year 2010 Comprehensive Plan.
III. PROPOSED TEXT
I Underlined text is added.
Monroe County Year 2010 Comprehensive Plan
[Staff Recommended Text]
Obiective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum of 35
percent of its annual budget each year for the purpose of acquiring land from qualified
property owners as defined by Policy 101.6.1. Funds accumulated from this source shall
be reserved for the acquisition of land from qualified property owners, but may also be
used to acauire other properties when deemed appropriate by the Land Authority.
[Planning Commission Recommended Text]
Obiective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum of 35
percent of its annual budget each year for the purpose of acquiring land from qualified
property owners as defined by Policy 101.6.1. Funds accumulated from this source shall
be reserved for the acquisition of land from qualified property owners, but mav also be
used to aCQuire other properties proposed for acauisition by aovernmental aaencies
for purposes of conservation or resource protection.
IV. RECOMMENDATION
S~:;t4.
Based on the findings of fact, the PI!lFlFliflg C ~ recommends APPROVAL of the
9RC amendment to Monroe County Year 2010 Comprehensive Plan Policy 101.6.2.
~
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PLANNING COMMISSION RESOLUTION
-"
_.._~-
PLANNING COMMISSION RESOLUTION #P 79-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF A REQUEST BY
THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND
POLICY 101.6.2 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN TO PROVIDE THE MONROE COUNTY
LAND AUTHORITY GREATER LATITUDE IN THE ACQUISITION
OF LAND FROM WILLING PRIVATE OWNERS.
WHEREAS, Objective 101.6 directs the County to expand the Monroe
County Land Authority acquisition program to purchase land from property
owners who have applied but have not received a ROGO permit for four years
(Administrative Relief); and
WHEREAS, Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan requires the Monroe County Land Authority dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from property owners through Administrative Relief; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners; and
WHEREAS, Mark J. Rosch, Executive Director of the Monroe County Land
Authority, in an August 8, 2003 memorandum to James L. Roberts, Monroe
County Administrator, discussed the limits for acquisition imposed by Policy
101.6.2. The memorandum is attached as "Exhibit A"; and
WHEREAS, after a review and discussion of the memorandum by the
Monroe County Soard of County Commissioners, the Commission directed the
Growth Management Division of the County to amend the Comprehensive Plan
and take other necessary steps in order to implement the Florida Keys Carrying
Capacity Study (Goal 105 of the Monroe County Year 2010 Comprehensive
Plan, and SOCC Resolution 346-2003 to provide the Monroe County Land
Authority greater latitude in the acquisition of land from willing owners; and
WHEREAS, SOCC Resolution 346-2003 designated and mapped
Conservation and Natural Areas that are areas proposed for future acquisition by
the County, State, and Federal agencies for conservation or resource protection;
and
WHEREAS, the Monroe County Soard of County Commissioners has
directed the Growth Management Division staff to prepare amendments to the
Monroe County Year 2010 Comprehensive Plan that will permit Land Authority
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W:\Planning\Working Folders\Gross-Fred\Land Auth. Policy 1 01.6\PC Reso P79-03.doc
funds currently dedicated for administrative Relief to also be used to acquire
other lands from willing owners in the Conservation and natural areas; and
WHEREAS, it is proposed that Policy 101.6.2 of The Monroe County Year
2010 Comprehensive Plan be amended as follows:
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners, but may also be used to
acquire other properties proposed for acquisition by governmental agencies for
the purposes of conservation or resource protection; and
WHEREAS, the Commission finds that there is a need to amend Policy
101.6.2 in order to expand the opportunities for the Land Authority to acquire
privately owned land; and
WHEREAS, at the Development Review Committee public meeting of
November 24th,2003, the Committee recommended approval of the proposed
amendment; and
WHEREAS, the proposed amendment was reviewed at Commission public
hearing of December 3rd, 2003; and
WHEREAS, the Commission reviewed the following:
1. Staff report prepared on November 19, 2003 by K. Marlene Conaway,
Director of Planning and Environmental Resources.
2. Memorandum of August 8th, 2003 prepared by Mark J. Rosch, Executive
Director, Land Authority.
2. The sworn testimony of the Growth Management Staff; and
WHEREAS, the Commission finds that the proposed change is consistent
with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed change is consistent
with the goals of the Monroe County Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL of the following amendment to the text of
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the Monroe County Year 2010 Comprehensive Plan to the Monroe County Board
of County Commissioners.
I Underlined text is new.
Objective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to acquire other properties proposed for
acquisition by Qovernmental aQencies for purposes of conservation or resource
protection.
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 3rd day of December, 2003.
Lynn C. Mapes, Chair
Denise Werling, Vice Chair
David C. Ritz, Commissioner
Jiulio Margalli, Commissioner
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn C. Mapes, Chair
Signed this
day of
,2003.
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DRe RESOLUTION
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #035-03
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL OF A
REQUEST BY THE MONROE COUNTY PLANNING
DEPARTMENT TO AMEND POLICY 101.6.2 OF THE MONROE
COUNTY YEAR 2010 COMPREHENSIVE PLAN TO PROVIDE THE
MONROE COUNTY LAND AUTHORITY GREATER LATITUDE IN
THE ACQUISITION OF LAND FROM WILLING PRIVATE
OWNERS.
WHEREAS, Objective 101.6 directs the County to expand the Monroe
County Land Authority acquisition program to purchase land from property
owners who have applied but have not received a ROGO permit for four years
(Administrative Relief); and
WHEREAS, Policy 101.6.2 of the Monroe County Year 2010
Comprehensive Plan requires the Monroe County Land Authority dedicate a
minimum of 35 percent of its annual budget each year for the purpose of
acquiring land from property owners through Administrative Relief; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners; and
WHEREAS, Mark J. Rosch, Executive Director of the Monroe County Land
Authority, in an August 8, 2003 memorandum to James L. Roberts, Monroe
County Administrator, discussed the limits for acquisition imposed by Policy
101.6.2. The memorandum is attached as "Exhibit A"; and
WHEREAS, after a review and discussion of the memorandum by the
Monroe County Board of County Commissioners, the Commission directed the
Growth Management Division of the County to amend the Comprehensive Plan
and take other necessary steps in order to implement the Florida Keys Carrying
Capacity Study (Goal 105 of the Monroe County Year 2010 Comprehensive
Plan, and BOCC Resolution 346-2003 to provide the Monroe County Land
Authority greater latitude in the acquisition of land from willing owners; and
WHEREAS, BOCC Resolution 346-2003 designated and mapped.----=.- _ r
Conservation and Natural Areas that are areas proposed for future acquisition by
the County, State, and Federal agencies for conservation or resource protection;
and
WHEREAS, the Monroe County Board of County Commissioners has
directed the Growth Management Division staff to prepare amendments to the
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W:\Planning\Working Folders\Gross-Fred\Land Auth. Policy 1 01.6\DRC Reso D35-03.doc
Monroe County Year 2010 Comprehensive Plan that will permit Land Authority
funds currently dedicated for administrative Relief to also be used to acquire
other lands from willing owners in the Conservation and natural areas; and
WHEREAS, it is proposed that Policy 101.6.2 of The Monroe County Year
2010 Comprehensive Plan be amended as follows:
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1; and
WHEREAS, funds accumulated from this source shall be reserved for the
acquisition of land from qualified property owners, but may also be used to
acquire other properties proposed for acquisition by governmental agencies for
the purposes of conservation or resource protection; and
WHEREAS, Staff finds that there is a need to amend Policy 101.6.2 in
order to expand the opportunities for the Land Authority to acquire privately
owned land; and
WHEREAS, at the Development Review Committee public meeting of
November 3,2003, the Committee recommended approval of the proposed
amendment; and
WHEREAS, the Development Review Committee reviewed the following:
1. Staff report prepared on October 19, 2003 by K. Marlene Conaway, Director
of Planning and Environmental Resources.
2. Memorandum of August 8th, 2003 prepared by Mark J. Rosch, Executive
Director, Land Authority.
WHEREAS, this Committee finds that the proposed change is consistent
with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, this Committee finds that the proposed change is consistent
with the goals of the Monroe County Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL of the following
amendment to the text of the Monroe County Year 2010 Comprehensive Plan to
the Monroe County Planning Commission:
. Page 2 of 3
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I Underlined text is new.
Objective 101.6
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum
of 35 percent of its annual budget each year for the purpose of acquiring land
from qualified property owners as defined by Policy 101.6.1. Funds accumulated
from this source shall be reserved for the acquisition of land from qualified
property owners, but may also be used to acquire other properties when deemed
appropriate by the Land Authority.
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 24th day of November, 2003.
Fred Gross, Chair
Ralph GouJdy
Aref Joulani
Public Works (Fax)
Engineering (Fax)
Health (Fax)
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, Chair
Signed this 25th
day of November. 2003.
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