06/14/2005 Regular
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
2005/120
Regular Meeting
Board of County Commissioners
Tuesday, June 14, 2005
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners convened on
the above date at 2:30 P.M., at the Marathon Government Center. Present and answering to roll
call were Commissioner Charles "Sonny" McCoy, Commissioner Murray Nelson, Commissioner
George R. Neugent, Commissioner David P. Rice, and Mayor Dixie M. Spehar. Also present
were Danny L. Kolhage, Clerk; Richard Collins, County Attorney; Thomas Willi, County
Administrator; County Staff, members of the press and radio; and the general public.
All stood for the Invocation and Pledge of Allegiance.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner Nelson and seconded by Commissioner Neugent
granting approval of the Additions, Corrections, and Deletions to the Agenda. Motion carried
unanimously.
POINT OF PERSONAL INTEREST
Prior to the meeting, Commissioner McCoy discussed Growth Management concepts and
Constitutional Takings.
PUBLIC HEARINGS
Tim McGarry, Growth Management Director summarized substantive changes to Monroe
County's Comprehensive Plan.
The Board accepted public input for all the Public Hearing items with the following
speakers addressing the Board: George Wilson, Tim Koenig, Joan Borel, Dennis Henize,
representing Last Stand; Tina Henize, Katie Lyons, Chris Bergh, representing The Nature
Conservancy; H. T. Pontin, Brian Rook, and Alicia Rook.
The first of two required Public Hearings was held to consider adopting a DCA
Transmittal Resolution for an Ordinance amending the Monroe County Year 2010
Comprehensive Plan to delete the HEI requirements in the Plan, require an existing conditions
report including a vegetation survey, require a grant of conservation easement to protect open
space vegetation and limit the clearing of native upland vegetation dependent on the tier system
designation, and provide for a Land Acquisition Master Plan.
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The first of two required Public Hearings was held to consider adopting a DCA
Transmittal Resolution for an Ordinance amending the Monroe County Year 2010
Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential
Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis for the Competitive
Point System; deleting, revising and adding policies, objectives and requirements for the
implementation of Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District.
The first of two required Public Hearings was held to consider adopting an Ordinance
amending the Monroe County Land Development Regulations to revise environmental regulations
by deleting existing Sections 9.5-336 through 9.5-343 to eliminate requirements for the Habitat
Evaluation Index (HEI); creating new Section 9.5-336 to require an Existing Conditions Report,
including vegetative survey; creating new Section 9.5-337 to protect upland vegetation through
Grant of Conservation Easements; creating new Section 9.5-338 to incorporate existing open
space requirements for wetlands; revising Section 9.5-347 to provide for maximum clearing limits
of native upland vegetation based upon the Tier System designation of the subject property.
The first of two required Public Hearings was held to consider adopting an Ordinance
amending the Monroe County Land Development Regulations Sections, 9.5-120 through 9.5-125
and Section 9.5-266 by changing the Rate of Growth Ordinance (ROGO) to utilize the Tier
Overlay as the basis for the competitive point system, providing for an optional lottery system,
prohibiting affordable housing allocations in Tier I, increasing the affordable covenants to 99
years for public financed properties and making allocations for affordable housing on a first come
basis or by reservation of the BOCC.
The first of two required Public Hearings was held to consider adopting an Ordinance
amending the Monroe County Land Development Regulations to implement Goal 105 of the 2010
Comprehensive Plan by renumbering existing Sections 9.5-256 to 9.5-271; creating a new Section
9.5-256, Tier Overlay District; providing criteria for designation of Tier Boundaries; and,
providing a mechanism for Tier Overlay District Map amendments.
The first of two required Public Hearings was held to consider adopting an Ordinance
amending the Monroe County Land Development Regulations by revising Section 9.5-124
through 9.5-124.8 [Non-Residential Rate of Growth Ordinance (NROGO)] utilizing the Tier
Overlay as the basis for the competitive point system.
The first of two required Public Hearings was held to consider adopting an Ordinance
amending the Monroe County Land Use District Map to include a Tier Overlay Map District
designation on all land in unincorporated Monroe County in the Florida Keys between Key West
and Ocean Reef designating boundaries for Tier I, Tier II and Tier III as required in Goal 105 of
the 2010 Comprehensive Plan pursuant to the criteria in proposed Section 9.5-256, Monroe
County Code.
After discussion, motion was made by Commissioner Nelson and seconded by
Commissioner McCoy to adopt the following two Resolutions:
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Resolution transmitting to the Department of Community Affairs the request filed by the
Planning and Environmental Resources Department to amend the Monroe County 2010
Comprehensive Plan to change the Rate of Growth Ordinance (ROGO) and the Non-Residential
Rate of Growth Ordinance (NROGO) to utilize the Tier Overlay as the basis for the Competitive
Point System; deleting, revising and adding policies, objectives and requirements for the
implementation of Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay District.
RESOLUTION NO. 172A-2005
Said Resolutions are incorporated herein by reference.
Resolution transmitting to the Department of Community Affairs the request filed by the
Planning and Environmental Resources Department amending the Year 2010 Comprehensive Plan
to delete requirements for an HEI, revise the open space, land acquisition, management and GIS
mapping requirement to implement Goal 105 of the 2010 Comprehensive Plan and the Tier
System.
RESOLUTION NO. 172B-2005
Said Resolutions are incorporated herein by reference.
Roll call vote was taken with the following results:
Commissioner Neugent
Commissioner McCoy
Commissioner Rice
Commissioner Nelson
Mayor Spehar
No
Yes
Yes
Yes
Yes
Motion carried.
There being no further business, the meeting of the Board of County Commissioners was
adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the Board
of County Commissioners
Monroe County, Florida
~a.AJc. ~y~
Isabel C. DeSantis, Deputy Clerk