Ordinance 011A-2004
ORDINANCE NO. 11A -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONS AMENDING SEC. 9.5-122.3 OF THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS IN
ORDER TO PROHIBIT THE AWARD OF ROGO POINTS FOR
AGGREGAnON IN SPECIFIC AREAS. PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND DIRECTING THE
PLANNING DIRECTOR TO FORWARD A CERTIFIED COPY OF
THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the ROGO regulations currently permit applicants to receive three
points for each lot that they aggregate; and
WHEREAS, this aggregation, while reducing the total number of lots that can be
developed, increases the amount of clearing that may be permitted for a single dwelling
unit; and
WHEREAS, this would increase the amount of hammock that may be cleared; and
WHEREAS, this does not support the County's goals or those of the Florida Keys
Carrying Capacity Study (FKCCS) recommendations of preserving the upland natural
vegetation; and
WHEREAS, publiC ownership of the upland native vegetated areas is the only way
to ensure their protection; and
WHEREAS, the Board of County Commissioners, at their meeting of August 20,
2003, directed staff to prepare an amendment to ROGO removing the points for
agg'ltfting lots in areas designated for acquisition by governmental agencies; and
WHEREAS, the Board finds that there is a need to amend this section of the Land
Development Regulations in order to support the County's goals and the Florida Keys
Carrying Capacity Study (FKCCS) recommendations of preserving the upland natural
vegetation; and
WHEREAS, the 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; and
WHEREAS, the Board finds that the proposed change is consistent with the goals
of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and recommended for approval to the
Planning Commission at the DRC public meeting of January 15, 2004; and
WHEREAS, this text change was reviewed and recommended for approval at the
Planning Commission publiC hearing of March 10, 2004; and
WHEREAS, the Board of County Commissioners at their meeting of April 24, 2004
in Key West, Florida reviewed the proposed amendment to Section 9.5-122.3,
recommended by the Planning Commission and Growth Management; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING:
Section 1: PROPOSED TEXT CHANGES
(a)(3) Lot aggregation:
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2. Points will not be awarded for lot aggregation within those are.as pro~ed%r
acquisition by governmental agencies for the purpose of resource protection.
Section 9.5-122.3 Evaluation criteria
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 shall be transmitted by the Planning Department to the
Florida Department of Community Affairs pursuant to the 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 approving this ordinance.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 21st day of April, 2004.
Mayor Nelson
Mayor Pro Tem Rice
'ssioner McCoy
-. " ner Neugent
i ~er Spehar
=t~,~\\'
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, LHAGE, Clerk
absent
yes
ves
yes
yes
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~."'o~
Mayor Pro Tern
MONROE COUNTY ATTORNEY
C\~RM
JOHN A. COLLINS
Date Dep,U~~TTOR_N:.,~..~c,
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305)295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
July 9, 2004
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms, Cloud:
Certified Mail Receipt #70041160000719745349
-I
Enclosed please find certified copies of the following:
Ordinance No. llA-2004 amending Sec, 9,5-122.3 of the Monroe County Land
Development Regulations in order to prohibit the award of ROGO Points for aggregation in
specific areas; Providing for repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and directing the Planning Director to
forward a certified copy of this Ordinance to the Florida Department of Community Affairs and
providing an effective date.
Ordinance No. 019-2004 amending Sections 9,5-119 and 9.5-346, Monroe County Code;
Revising requirements for restoration of lands cleared without benefit of permit or beyond scope
of a permit; Deleting transplantation requirements and substituting with requirements for payment
into the Monroe County Environmental Land Management and Restoration Fund; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; Providing for severability; and Providing for an effective date,
Attached hereto are certified copies of the subject Ordinances for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office,
Very tlUly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
By: Matd C. /-OR./;J~
Isabel C. DeSantis, Deputy Clerk
cc: Growth Management Director
Monroe County Commission
County Attorney
/ Finance
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· Complete items 1, 2, and 3. Also Complete
item 4 if Restricted Delivery is desired.
· Print Your name and address on the reverse
So that We Can return the card to you.
· Attach this card to the back of the mailpiece,
~epermits.
1. Article Addressed to:
3pa'rtment 01 State
Jreau of Adm;n;strsttveCocle
Ie COl/ins BUilding
J7 WQst Gai~s Street. Butte lei
~I/ahassee, Florida J!3-gg.0260
2. Artie/Ii Number
(Transfer from service label)
PS Form 3811, February 2004
A Signature
X GRACIE PENTON 0 Agent
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8. Received by (Prlj) e liveI'}
D. Is delivery address different from item 1?
It YES, enter delivery address below:
JUL 12200,(
o Yes
ONo
3. ~eryjs;e Type
(}'f;ertified Mail 0 EXPress Mail
o Registered 0 Return Receipt tor MerchandIse
o Insured Maif 0 C.O,D,
4. Restricted Delivery? (Extra Fee) 0 Yes
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Domestic Return Receipt
7004 11hO 0007 1~74 5523
-
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
July 15, 2004
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letters dated July 9, 2004 and certified copies of Monroe County Ordinance
Nos, 01IA-2004, 015-2004, 019-2004 and 020-2004, which were filed in this office on
July 12, 2004,
Sincerely,
~~~~
Liz Cloud
Program Administrator
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OSTATE LIBRARY OF FLORIDA
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