Ordinance 026-2004
ORDINANCE NO. 026.2004
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.; 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
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the County, State, and Federal agencies for conservation or resource protection;
and
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 RaGa 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 RaGa 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 with an amendment; and
WHEREAS, this Board reviewed the following:
1. July 23 staff report prepared by K. Marlene Conaway, Director Planning and
Environmental Resources Department.
2. Memorandum of August 8th, 2003 prepared by Mark J. Rosch, Executive
Director, Land Authority.
3. 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;
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
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 properties when deemed
appropriate by 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.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of August
A.D., 2004.
Mayor Murray Nelson
Mayor Pro T em David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor M rray Nelson
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ATTEST: DANNY KOHLAGE, CLERK
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