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Ordinance 025-2005 ORDINANCE NO.025-2005 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO 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; TO IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN BY DELETING POLICIES 101.5,7, 101.5.8, 101.6.5, 101.6,6, 101.13,3, 1101.13,5, 101.13.7, AND 101.13,8; REVISING OBJECTIVE 101.5 AND POLICIES 101.2,3, 101.2,4, 101.3.1, 101.3,3, 101.3.4, 101.3,5, 101.5,1, 101.5.2, 101.5.3, 101.5,4, 101.5,5, 101.5.6, 101.5,9, 101.5,10, 101.6.1, 101.12.4, 101.13.4, 101.13.6, 101.13.9, AND 102,3.1; CREATING NEW POLICIES 101.5.9 AND 101.6,5; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT- HEREWITH; DIRECTING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Administration Commission in 1996 enacted Rule 28-20.100, which created the "Work Program" in the 2010 Comprehensive Plan and mandated, among other things, the preparation of a Carrying Capacity Study for the Florida Keys; and WHEREAS, the "Work Program" mandates that the County implement the Carrying Capacity Study by the adoption of all necessary plan amendments to establish development standards to ensure that new development does not exceed the carrying capacity of the County's natural environment; and WHEREAS, the "Work Program" mandates that the County initiate and complete a collaborative process for the adoption of Land Development Regulations (LDR) and Comprehensive Plan amendments to strengthen the protection of terrestrial habitat; and WHEREAS, the Florida Keys Carrying Capacity Study (FKCCS), completed in September 2002, sets out guidelines that, inter alia, would direct future development away from "native habitat," and into "areas ripe for redevelopment or already disturbed"; and WHEREAS, Florida Statute 163.3177(6)(a) requires the adoption and implementation of a future land use element which designates future general distribution, location, and extent of lands used for conservation purposes; and WHEREAS, Goal 105 of the 2010 Comprehensive Plan, "Smart Growth," was adopted by the Board of County Commissioners in 2001 to comply with the statutory mandate, to C: \Documents and Settings \tezanos- mayra \Local Settings\ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 1 of 23 implement Rule 28-20.100, F.A.C" and to provide a framework within the 2010 Comprehensive Plan to implement the FKCCS and other state directives; and WHEREAS, Objective 105.2 of the 2010 Comprehensive Plan, pursuant to the Rule 28- 20.100, F .A.C. mandate, directs the County to map and designate land within the Florida Keys in order to protect environmentally sensitive lands; and WHEREAS, the Monroe County Board of County Commissioners directed staff to prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include: Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO based on the Tier system utilizing a positive approach that predominately relies on land dedication and aggregation; and revisions to the environmental regulations based on the Tier system rather than the existing Habitat Evaluation Index; and WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability; and WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping (GIS), identifying areas appropriate for additional development and those which are important environmentally and should be preserved; and WHEREAS, the boundaries for the Tier Maps were drawn using environmental and development information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning Department and the Property Appraisers Office and refined through site visits by the County Biologists and Planners; and WHEREAS, tropical hardwood hammock size is a major determinate of habitat quality according to the FKCCS, therefore size and connectivity are used in determining the boundary of Tier I areas to identify the best and most important terrestrial habitat areas for preservation; and WHEREAS, Tier I includes all contiguous tropical hardwood hammock areas above four acres and restoration areas between fragmented smaller hammock patches to increase the hammock size and buffers where possible; and, WHEREAS, Tier II areas are only designated for Big Pine Key and No Name Key and, along with the Tier I and III designations on these two islands, this designation is based on relative wildlife habitat quality as defined in the Habitat Conservation Plan and previously incorporated into the Monroe County Comprehensive Plan under Policy 101.20.2; and WHEREAS, the majority of Tier III is appropriate for additional infill development because of the location and amount of existing development in the areas designated; and WHEREAS, the proposed ROGO is a positive system, awarding major points for the Tier location of property; and C: \Documents and Settings \tezanos- mayra \Local Settings \ Temporary Internet F iles\O LK 16E\rogo-nrogo- I05compord-a.doc Page 2 of 23 WHEREAS, additional points may be gained in Tier II (Big Pine Key and No Name Key only) and Tier III by aggregating lots; and WHEREAS, a separate point system has been included for Big Pine Key and No Name Key that follows the requirements of the Habitat Conservation Plan permit application and the Livable Communi Keys Master Plan for the Islands; and WHEREAS, ROGO has been completely redrafted utilizing the Tier System as the basis with habitat protection as the most important reason for assignment of points and the basis of the Tier maps; and WHEREAS, the sustainability points, water and energy conservation, are more appropriately addressed in the building code; and WHEREAS, in response to a BOCC directive the points for lot dedication were modified to award a point for each 5,000 square feet of a Suburban Residential (SR) platted lot, to award four points for each Improved Subdivision (IS), Urban Residential Mobile Home (URM) and Commercial Fishing Village (CFV) platted lot, and one point for each unbuildable platted Suburban Residential (SR) lot, reflecting the comparative buildability of these lots; and WHEREAS, the proposed NROGO has been redrafted using the Tier system as the basis for awarding points dependent on the location of a property; and WHEREAS, additional points may be accrued by dedicating lots, reducing intensity and through landscaping and water conservation; and WHEREAS, applications for non-residential floor area which include employee housing as part ofthe development plan will receive up to four additional points in NROGO; and WHEREAS, the Planning Commission, after hearing comments at four public hearings, made changes to the staff draft amendments and recommended approval of the proposed amendments to incorporate changes to the ROGO and NROGO in the 2010 Comprehensive Plan; and WHEREAS, the Planning and Environmental Resources Department has made minor changes to the proposed draft based on direction of the Planning Commission, including minor text revisions to ensure readability and correct typographical errors or omissions in the text and recommends approval of the proposed amendment to the 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioners, during seven public hearings held in December, 2004 and January, February, March, April, May, and June 2005, reviewed and considered the proposed amendments to the 2010 Comprehensive Plan to utilize the Tier overlay maps as the basis for the competitive ROGO and NROGO point systems, limiting development of public facilities to Tier II and Tier III, and exempting affordable and employee housing from the competitive system; and C: \Documents and Settings \tezanos- mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo-mogo- I05compord-a.doc Page 3 of 23 WHEREAS, the Board of County Commissioners approved revisions to the proposed amendments that changed the RaGa scoring of Tier I designated areas outside of Big Pine Key and No Name Key, to "+10" points to address legal concerns regarding property rights and limited the annual allocations available to Tier I applicants to no more than (3) in the Upper Keys and three (3) in the Lower Keys; and WHEREAS, the Board of County Commissioners approved a Resolution to transmit the comprehensive plan amendments to the Florida Department of Community Affairs (DCA); and, WHEREAS, the Board of County Commissioners approved in concept revisions to the habitat protection elements of the proposed amendments on August 17, 2005, in response to concerns raised by the Governor and Cabinet and negotiations with the DCA staff; and WHEREAS, the DCA responded to the County transmittal on August 31, 2005, in an Objection, Recommendations, and Comment report prepared pursuant to Rule 9J-11.01O; and WHEREAS, during a public hearing on September 22, 2005, the Board of County Commissioners reviewed the DCA report, the staff report and response to the DCA report, and revised amendments to the 2010 Comprehensive Plan prepared by staff in response to the DCA report and the direction of the Board; and WHEREAS, the Board of County Commissioners approved amendments to this ordinance prepared by staff in response to the DCA report and Board direction establishing a Special Protection Area designation within Tier III for any tropical hardwood hammock or pinelands of one acre or greater in area and requiring that only +20 points be awarded to RaGa applications and + 1 0 points be awarded to NROGO applications for new non-residential development that propose the clearing of any portion of a tropical hardwood hammock or pinelands within a Tier III Special Protection Area; and WHEREAS, the Board of County Commissioners finds the proposed amendments are consistent with and further goals, objectives and policies of the Year 2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of comprehensive plan amendments to effectuate the Tier system; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1: Amend Policy 101.2,3 to read as follows: Policy 101.2.3 The Permit Allocation System for new residential (ROGO) development shall specify procedures for: 1. annual adjustment ofthe number of permits for new residential units to be issued during the next year based upon, but not limited to the following: a. expired allocations and building permits in previous year; C: \Documents and Settings \tezanos-mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- nrogo- l05compord-a.doc Page 4 of 23 b. allocations available, but not allocated in previous year; c. number of allocations borrowed from future quarters; d, vested allocations; e. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida Statutes; and f. receipt or transfer of affordable housing allocations by intergovernmental agreement. 2. allocation of affordable and market rate housing units in accordance with Policy 101.2.4; and 3. timing of the acceptance of applications, evaluation of applications, and issuance of permits for new residential development during the calendar year. Section 2. Amend Policy 101.2.4 to read as follows: Policy 101.2.4 Monroe County shall allocate at least 20 percent of residential (non-transient) growth to affordable housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.7, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.5.4. The parcel proposed for affordable housing.shall not be located within an area designated as Tier I as set forth under Goal 1 05 or within a Tier III Special Protection Area as set forth in Policy 205.1.1. Section 3, Amend Policy 101.3.1 to read as follows: Policy 101.3.1 Monroe County shall maintain a balance between residential and non-residential growth by limiting the square footage of non-residential development to maintain a ratio of approximately 239 square feet of new non-residential development for each new residential unit permitted through the Residential Permit Allocation System, This ratio may be modified from time to time through amendments to the land development regulations based upon market and other relevant studies as required by policy 101.3.5. The commercial allocation allowed by this policy shall be uniformly distributed on an annual basis, consistent with the Residential Permit Allocation System as set forth in Policy 10 1.2.1. C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLKI6E\rogo-nrogo- l05compord-a.doc Page 5 of 23 Section 4. Amend Policy 101.3.3 to read as follows: Policy 101.3.3 The Permit Allocation System for new non-residential (NROGO) development shall specify procedures for: 1. the annual adjustment of the square footage allocated for new non- residential development to be permitted during the next year based upon, but not limited to: a) the square footage allocated for new non-residential development that expired during the previous year; b) the amount of square footage available for allocations but not allocated in previous year; c) modifications required or provided by this plan; and, d) receipt or transfer of floor area by intergovernmental agreement. 2. maintaining a ratio of approximately 239 square feet of new non- residential development for each new residential unit permitted through the Permit Allocation System, as may be amended from time to time in accordance with Policy 101.3.1; and, 3. timing of the acceptance of applications, evaluation of applications, and issuance of permits for new non-residential development during the calendar year. Section 5. Amend Policy 101.3.4 to read as follows: Policy 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non-residential development. Except within Tier I designated areas pmsuant to Goal 1 05 or within a designated Tier III Special Protection Area pursuant to Policy 205.1.1, certain development activity by federally tax-exempt not-for-profit educational, scientific, health, religious, social, cultural, and recreational organizations may be exempted from the Permit Allocation System by the Board of County Commissioners after review by the Planning Commission upon a finding that such activity will predominately serve the County's non-transient population. All public and institutional uses that predominately senre the County's non-transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hunicane evacuation clearance time of Monroe ColUlty. C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK16E\rogo-nrogo- 105compord-a.doc Page 6 of 23 Section 6. Amend Policy 101.3.5 to read as follows: Policy 101.3,5 By July 2005, Monroe County shall complete a market demand analysis and economic assessment to determine the demand for future non-residential development in Monroe County and planning sub-areas. The non-residential development allocation and Future Land Use Map (FLUM) designations for non-residential uses may be revised based upon the results of this study, and other relevant policy and economic studies and data and provide the basis for preparing specific amendments to the comprehensive plan to incorporate goals, objectives and policies on economic development including tourism. The analysis will address existing non-residential uses, vacancy rates, economic trends and demand for non-residential uses by planning sub-area. Section 7. Amend Policy 101.4.21 by adding (i) under "Notes" in the table entitled "Future Land Use Densities and Intensities" that reads as follows: (i) The MaximUl11 Net Density is the maximUl11 density allowable with the use ofTDRs. Section 8. Amend Objective 101.5 to read as follows: Obiective 101.5 Monroe County shall implement a Point System based primarily on the Tier system of land classification in accordance with Goal 1 05, which directs future growth in order to: 1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3)(b)2]; 2. maintain and enhance the character ofthe community [9J-5.006(3)(b)3]; 3. protect natural resources [9J-5.006(3)(b)4]; 4. encourage a compact pattern of development [9J-5.006(3)(b)7]; 5. encourage the development of affordable housing; and, 6. encourage development in areas served by central wastewater treatment systems. Section 9, Amend Policy 101.5.1 to read as follows: Policy 101.5.1 Monroe County shall adopt through its land development regulations a new Point System for residential (ROGO) and non-residential (NROGO) development to replace the existing Point System by no later than July 1, 2005. Except for affordable housing, this Point System, as set forth in Policy 101.5.4 for residential development and Policy 101.5.5 for non-residential development, shall be used as a basis for selecting the development applications which are to be issued permits through the Permit Allocation System pursuant to Policy 101.5.4 and Policy 101.5.5. For market rate housing units or non-residential development to be awarded allocations under the Permit Allocation System the Point System shall specify positive point factors which shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the evaluation of applications for new residential and non-residential development. C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK16E\rogo-nrogo- 105compord-a.doc Page 7 of 23 Section 10, Amend Policy 101.5.2 to read as follows: Policy 101.5.2 In order to encourage a compact form of residential growth that resul~ in infill development in platted, improved subdivisions, the Point System shall be primarily based on the Tier system ofland classification as set forth under Goal 105, To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more three (3) in each of the two Residential Permit Allocation planning areas established by the Land Development Regulations. [9J-5.006(3Xc)1 and 6] Section 11, Amend Policy 101.5.3 to read as follows: Policy 101.5.3 In order to encourage a compact form of non-residential growth, the Permit Allocation System shall limit and direct new non-residential development primarily to areas designated as Tier III under Goal 105 not located within a designated Special Protection Area and provide incentives for redevelopment of existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)l] Section 12, Amend Policy 101.5.4 to read as follows: Policy 101.5.4 Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed dwelling units in a manner that encourages development of infill in predominately developed areas with existing infrastructure and few sensitive environmental features and discourages development in areas with environmentally sensitive upland habitat which must be acquired or development rights retired for resource conservation and protection. Point Assignment: Criteria: +0 Proposes a dwelling unit within areas designated Tier I [Natural Area] on Big Pine Key and No Name Name Key. +10 Proposes a dwelling C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK16E\rogo-nrogo- I05compord-a.doc Page 8 of 23 unit within areas designated Tier I [N atural Area] outside of Big Pine Key or No Name Key,. +10 Proposes development within areas designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key or No Name Key.] +20 Proposes development within areas designated Tier III [Infill Area] on Big Pine Key or No Name Key. +20 Proposes development within areas designated Tier III [Infill Area] outside of Big Pine Key or No Name Key that will result in the clearing of upland native vegetation within a Special Protection Area. +30 Proposes development within areas designated Tier III [Infill Area] outside of Big Pine Key or No Name Key that will not result in the clearing of any upland native vegetation within a Special Protection Area. 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation Plan and the Livable CommuniKeys Community Master Plan. C: \Documents and Settings \tezanos-mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- mogo- 105compord-a.doc Page 9 of 23 Point Assignment: Criteria: -10 Proposes development on No Name Key. -10 Proposes development in designated Lower Keys Marsh Rabbit habitat or buffer areas as designated in the Community Master Plan. -10 Proposes development in Key Deer Corridor as designated in the Community Master Plan. 3. Lot Aggregation - The following points shall be assigned to allocation applications to encourage the voluntary reduction of density through aggregation of legally platted buildable lots within Tier II and Tier III areas. Point Assi~nment: Criteria: +4 Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified. * +3 Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK 16E\rogo-nrogo- 105compord-a.doc Page 10 of23 specified, * Exception: No points for lot aggregation will be awarded for any proposed development that involves the clearing of any upland native vegetation in a Tier III Special Protection Area. 4, Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assi1?nment: * Criteria: * +4 Proposes dedication to Monroe County of one vacant, legally platted lot of sufficient minimum lot size and upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. + I for each 5,000 square feet oflot size Proposes dedication to Monroe County of a vacant, legally platted lot of 5,000 square feet or more in size, designated as Residential Low with a maximum net density within a Tier I area and containing sufficient upland area to be buildable. Each C: \Documents and Settings\tezanos- mayra \Local Settings \ Temporary Internet F iles\O LK 16E\rogo-nrogo- 105compord-a.doc Page 11 of 23 additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified. * Exception: Applications for a dwelling unit on Big Pine Key and No Name Key shall be C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLKI6E\rogo-nrogo- l05compord-a.doc Page 12 of23 awarded points for land dedication in accordance with Action Item 3.2.2 C of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. 5. Market Rate Housing in Employee or Affordable Housing Project- The following points shall be assigned to allocation applications for market rate housing units in an employee or affordable housing project: Point Assignment: Criteria: +6 Proposes a market rate housing unit which is part of an affordable or employee housing project; both affordable and employee housing shall meet the policy guidelines for income in Policy 601.1. 7 and other requirements pursuant to the Land Development Regulations. 6. Special Flood Hazard Areas - The following points shall be assigned to allocation applications for proposed dwelling unit(s) to provide a disincentive for locating within certain coastal high flood hazard areas: Point Assignment: Criteria: -4 Proposes development within "V" zones on the FEMA flood insurance rate maps. 7. Central Wastewater System Availability - The following points shall be assigned to allocation applications: I Point Assignment: I Criteria: c: \Documents and Settings \tezanos- mayra \Local Settings\ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 13 of23 +4 Proposes development required to be connected to a central wastewater treatment system that meets the BAT / A WT treatment standards established by Florida Legislature and Policy 901.1.1, 8. Payment to the Land Acquisition Fund - Up to two (2) points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately-owned, buildable IS/URM zoned, platted lots in Tier I. 9, Perseverance Points - One (1) point shall be awarded for each year that the allocation application remains in the allocation system up to a maximum accumulation of four (4) points. Section 13. Amend Policy 101.5.5 to read as follows: Policy 101.5,5 Monroe County shall implement the non-residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification pursuant to Goal 105. The points are intended to be applied cumulatively, 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed non-residential development in a manner that encourages development of infill in predominately developed areas with existing infrastructure, commercial concentrations, and few sensitive environmental features, and discourages development in areas with environmentally sensitive upland habitat, which must be acquired or development rights retired for resource conservation and protection: Point Assignment: Criteria: 0 Proposes non-residential development within an area designated Tier I [Natural Area], except for the expansion of lawfully established non-residential development provided under "exception" below. C: \Documents and Settings \tezanos- mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 14 of23 ft-1O Proposes non-residential development within an area designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. +10 Proposes non-residential development that will result in the clearing of any upland native vegetation within a Special Protection Area in Tier III. +20 Proposes non-residential development within an area designated Tier III [Infill Area]. Exception: Any lawfully established non-residential development shall be assigned +20 points contingent upon no further clearing of upland native habitat and no addition to and/or expansion of the existing lot or parcel upon which the existing use is located. 2. Intensity Reduction, The following points shall be assigned to allocation applications to encourage the voluntary reduction of intensity: Point Assignment: Criteria: +4 An application proposes development that reduces the permitted floor area ratio (FAR) to twenty three percent (23%) or less. 3. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and No Name Key) designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment: Criteria: +-4 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of sufficient minimum lot size and upland area to be buildable. Each additional vacant, legally platted, buildable lot which is dedicated that meets the aforementioned requirements will earn the additional points as specified. + 1 per 5,000 square Proposes dedication to Monroe County of a C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK16E\rogo-nrogo- I05compord-a.doc Page 15 of23 feet of lot area vacant legally platted lot of five thousand (5,000) square feet or more in size, designated as Residential Low with maximum net density within a Tier I area and containing sufficient upland to be buildable. Each additional vacant, legally platted lot, that meets the aforementioned requirements will earn points as specified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of five thousand (5,000) square feet or more within a Tier I area designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn the points as specified. 4. Special Flood Hazard Area - The following points shall be assigned to allocation applications to discourage development within high risk special flood hazard zones: Point Assi~nment: Criteria: -4 Proposes development within a "V" zone on the FEMA Flood Insurance Rate Map. 5, Perseverance Points - One (1) or two (2) points shall be awarded for each year that the allocation application remains in the system. 6. Highway Access - The following points shall be assigned to allocation applications to encourage connections between commercial uses and reduction of the need for trips and access onto u.s. Highway 1: Point Assignment: Criteria: +3 The development eliminates an eXIstmg driveway or access-way to u.s. Highway 1. C: \Documents and Settings\tezanos- mayra \Local Settings \ Temporary Internet Files \0 LK 16 E\rogo-nrogo- 105compord-a.doc Page 16 of23 +2 The development provides no new driveway or access-way to u.s. Highway 1. 7, Landscaping and Water Conservation - The following points shall be assigned to allocation applications to encourage the planting of native vegetation and promote water conservation: Point Assignment: Criteria: +3 The project provides a total of two hundred percent (200% ) of the number of native landscape plants on its property than the number of native landscape plants required by this chapter within landscaped bufferyards and parking areas, +1 Twenty-five percent (25%) of the native plants provided to achieve the three (3) point award above or provided to meet the landscaped bufferyard and parking area requirements of this chapter are listed as threatened or endangered plants native to the Florida Keys. +2 Project landscaping IS designed for water conservation such as use of one hundred percent (100%) native plants for vegetation, collection and direction of rainfall to landscaped areas, or the application of re-used wastewater or treated seawater for watering landscape plants. 8, Central Wastewater System Availability - The following points shall be assigned to allocation applications: Point Assignment: Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BAT / A WT treatment standards established by Florida Legislature and Policy 901.1.1. 9. Employee Housing - The following points, up to a maximum of four (4), shall be assigned to allocation applications for employee housing units: C: \Documents and Settings \tezanos-mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 17 of23 Point Assignment: Criteria: +2 Proposes an employee housing unit which is located on a parcel with a non-residential use. 10. Payment to the Land Acquisition Fund - Up to two (2) points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately-owned, buildable IS/URM zoned, platted lots in Tier I. Section 14, Amend Policy 101.5.6 to read as follows: Policy 101.5,6 The Residential and Non-residential Point Systems shall be monitored on an annual basis and revised as necessary based on new studies and data in a manner that is consistent with and furthers the goals, policies, and objectives of this plan. Section 15, Delete Policy 101.5.7 and 101.5.8. Section 16, Renumber and amend Policy 101.5.9 to read as follows: Policy 101.5.7 Monroe County shall allow for the development of residential projects with multiple units within the Permit Allocation System. If a project ranks high enough in the Point System for a portion of the development to receive an allocation award, but the project includes more units than are available during an allocation period, the entire project may receive allocation awards ifthe excess allocation is reduced from the next allocation period(s). Section 17. Renumber and amend Policy 101.5.10 to read as follows: Policy 101.5,8 Monroe County may develop a program, called Transfer of RaGa Exemption (TRE), that would allow for the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces and/or mobile homes to another site in the same RaGa sub-area, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. In addition, the receiver site shall be located within a Tier III area outside a designated Special Protection Area and for a receiver site on Big Pine Key and No Name Key; the sending site shall also be located on one of those two islands. Section 18. Create a new Policy 101.5.9 that reads as follows: c: \Documents and Settings \tezanos-mayra \Local Settings\ Temporary Internet Files \OLK 16 E\rogo- nrogo- 105compord-a,doc Page 18 of23 Policy 101.5.9 For the purposes of NROGO scoring pursuant to Policy 101,5,5, lawfully established non-residential uses shall be assigned +20 points. If any such use is located within a Tier I designated area or a Tier III Special Protection Area, such scoring assignment shall be contingent upon no further clearing of upland native habitat and no addition to and/or expansion of the existing lot or parcel upon which the use is located, Section 19, Amend Policy 101.6.1 to read as follows: Policy 101.6.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, purchase the property for fair market value or permit the minimum reasonable economic use of the property pursuant to Policy 101.6.5, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO) or Non-residential (NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; 4. they have complied with all the requirements of the Residential or Non-residential Permit Allocation System; and 5. they follow the procedures for administrative relief contained In the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned lot of record which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. "Fair market value" shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax Roll for the year 1992. Section 20. Delete Policy 101. 6.5 and Policy 101.6.6 and create new Policy 101.6.5 that reads as follows: Policy 101.6.5 Monroe County, the state, or other acquisition agency shall pursue land acquisition through voluntary purchase of lands from private property owners denied a building permit through the Permit Allocation System, as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject permit is for development located within: 1. a designated Tier I area; C: \Documents and Settings \tezanos- mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 19 of23 2, a designated Tier III Special Protection Area; or, 3. a designated Tier III area on a non-waterfront lot suitable for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Section 21. Amend Policy 101.12.4 to read as follows: Policy 101.12.4 Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new or the significant expansion (greater than 25 percent) of any existing public facility: 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the alternative sites; and, 3. assessment of direct and secondary impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammock and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and designated Tier I areas. Except for passive recreational facilities on publicly-owned land, no new public community or utility facility other than water distribution and sewer collection lines or pump/vacuum/lift stations shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be accomplished without clearing of hammock or pinelands, Exceptions to this requirement may be made to protect the public health, safety, and welfare, if all the following criteria are met: 1. No reasonable alternatives exist to the proposed location; and 2. The proposed location is approved by a supermajority of the Board of County Commissioners. The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this policy. Section 22, Delete Policy 101.13.3. Section 23, Renumber and amend Policy 101.13.4 to read as follows: C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK16E\rogo-nrogo- 105compord-a.doc Page 20 of 23 Policy 101,13,3 The Maximum Net Density is the maximum density allowable with the use ofTDRs, and shall not exceed the maximum densities established in this plan. The assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other areas of the County shall be prohibited. Section 24. Delete Policy 101.13.5. Section 25. Amend and renumber Policy 101.13.6 to read as follows: Policy 101.13.4 In conjunction with the evaluation of the existing TDR program pursuant to Policy 101.13 .2, parcels within the following habitats and land use districts shall be designated as sender sites for Transferable Development Rights (TDRs): Any parcel within these zoning categories: Offshore Island (OS) Main land Native (MN) Native (NA) Sparsely Settled (SS) Parks and Refuge (PR) Conservation (C) Habitat of the following types which lie within any zoning category: Freshwater wetlands Saltmarsh/Buttonwood wetlands High quality high hammock High quality low hammock Moderate quality high hammock Moderate quality low hammock High quality pinelands Low quality pinelands Beach/berm Palm Hammock Cactus Hammock Disturbed Wetlands Section 26. Delete Policy 101.13.7 and Policy 101.13.8. Section 27. Amend and renumber Policy 101.13.9 to read as follows: Policy 101.13.5 In conjunction with the evaluation of the TDR program pursuant to Policy 101.13.2 and no later than one year from the date when the County's Geographic Information System is fully functional, Monroe County shall map potential TDR sender and receiver sites as specified in Policy 101.13.4, and shall map parcels from which development rights have c: \Documents and Settings\tezanos-mayra \Local Settings\ Temporary Internet F iles\OLK 16E\rogo-nrogo- I05compord-a.doc Page 21 of23 been transferred. These maps shall be updated as necessary and made available to Growth Management staff and public for use in the development review process. Section 28, Amend Policy 102.3.1 to read as follows: Policy 102.3.1 The Permit Allocation System (see Future Land Use Objectives 101.2 through 101.4 and related policies) shall have the following environmental protection goals: 1. to reduce the exposure of residents to natural hazards; 2. to reduce disturbances to natural vegetation resource areas; 3. to reduce disturbances to terrestrial wildlife resources areas; 4. to reduce impacts of new development on nearshore waters; 5. to protect environmentally sensitive lands appropriate for conservation and resource protection; 6. to encourage infill development where existing lands are already substantially developed, served by complete infrastructure facilities and within close proximity to established commercial areas and have few sensitive or significant environmental features; 7. to ensure that the ecological integrity of natural areas is protected when land is developed; and 8. to reduce adverse impacts on endangered and threatened species. Accordingly, the Point System, which shall be used as the basis for the annual allocation of permits, shall assign negative and/or positive points to development applications that help to achieve the above environmental protection goals. (See Future Land Use Objective 101.5 and related policies for a list of positive and negative factors to be included in the Permit Allocation System.) [9J-5.006(3)(c)1 and 6] Section 29, If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 30, All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 31. This ordinance shall be filed in the Office of the Secretary of State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. C: \Documents and Settings \tezanos- mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 22 of 23 Section 32. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs in accordance with the requirements of9J-11.011, Florida Administrative Code. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 22nd day of September , A.D., 2005. Mayor Dixie Spehar Yes Mayor Pro Tern Charles "Sonny" McCoy Yes Commissioner George Neugent Yes Commissioner David Rice Yes Commissioner Murray E. Nelson Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: ~;;Ju- In ~ Mayor/Chairperson ATTEST: DANNYL. KOLHAGE, Clerk By&aLd c. ~~ Deputy Clerk L~~~I :x 0 o _ % ,- ::0_% 0"'% fTl'-< ~ CO). , C) CO) . c:--;x: z?Oo -t("")r" ;<:-I~ ""TI C) , f'T1 )> C: \Documents and Settings\tezanos-mayra \Local Settings \ Temporary Internet Files \0 LK 16E\rogo- nrogo- 105compord-a.doc Page 23 of 23 .. - - crt o n ..... -.I !E "!} en w .." r= fT1 o ." o ;0 ::0 rrl ("') o ::0 o I aouNry u: 7 '> a a r s i. �jl j 0r ybE OOUNt'(•iv CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 October 17, 2005 Mrs. Liz Cloud, Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Via Certified Mail 7002 2030 0001 2668 9495 Dear Mrs. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 021-2005 approving the request by the Lujan Limited Partnership to amend the Future Land Use District Map (FLUM) from Mixed Use/Commercial (MC) to Residential Low(RL) for the parcel known as the"Triangle Parcel", and from Mixed Use/Commercial (MC) to Residential Medium (RM)for lots 6, 7, and 8 of the Key Haven's Ninth Addition; further described as Sections 25, Township 67 South,.and Range 25 East, Raccoon Key, Monroe County, Florida; Providing for Severability; Providing for an effective date; Providing for repeal of conflicts; and Providing for transmittal to the Department of Community Affairs. Ordinance No. 022-2005 approving the request by the Lujan Limited Partnership to amend the Land Use District (Zoning)Map from Suburban Commercial (SC) to Suburban Residential (SR) for the parcel known as the "Triangle Parcel", and from Mixed Use/Commercial (MC)to Improved Subdivision (IS) for lots 6, 7, and 8 of the Key Haven's Ninth Addition; further described as Sections 25, Township 67 South, and Range 25 East, Raccoon Key, Monroe County, Florida; Providing for Severability; Providing for an effective date; Providing for repeal of conflicts; and Providing for transmittal to the Department of Community Affairs. Ordinance No. 024-2005 approving amendments to the Monroe County 2010 Comprehensive Plan to delete requirements for a Habitat Evaluation Index (HEI), revise the Open Space, Land Acquisition, Management and GIS mapping requirement and implement Goal 105 of the 2010 Comprehensive Plan and the Tier System by deleting Policies 101.4.20, 102.4.6, 102.9.5, 102.9.6, 103.2.2, 207.1.2, 207.10.5, 207.12.6 and Objective 1201.13; Revising Policies 101.4.22, 101.14.1, 102.1.1, 102.4.1, 102.4.2, 102.4.3, 102.4.4, 102.4.5, 102.7.3, 102.8.1, 102.8.5, 102.9.1, 102.9.2, 102.9.3, 102.9.4, 103.2.1, 105.2.1, 105.2.3, 105.2.6, 105.2.7, 105.2.10, 204.2.1, 205.1.1, 205.1.2, 205.1.3, 205.1.4, 205.1.5, 205.1.6, 205.2.1, 205.2.2, 205.2.6, 205.2.7, 205.2.12, 205.2.14, 205.5.1, 205.5.2; Revising Objectives 102.4, 102.9, 205.1, 205.2 and 205.5; Creating new policies 6, 102.4.6, and 102.4.7; Providing for repeal of Ordinances inconsistent herewith; Directing the Planning and Environmental Resources Department to transmit a copy of this Ordinance to the Florida Department of Community Affairs; and Providing for an effective date. Ordinance No. 025-2005 approving amendments to 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; To implement Goal 105 of the 2010 Comprehensive Plan by deleting Policies 101.5.7, 101.5.8, 101.6.5, 101.6.6, 101.13.3, 101.13.5, 101.13.7, and 101.13.8; Revising Objective 101.5, and Policies 101.2.3, 101.2.4, 101.3.1, 010.3.3, 101.3.4, 101.3.5, 101.5.1, 101.5.2, 101.5.3, 101.5.4, 101.5.5, 101.5.6, 101.5.9, 101.5.10, 101.6.1, 101.12.4, 101.13.4, 101.13.6, 101.13.9, and 102.3.1; Creating new policies 101.5.9 and 101.6.5; Providing for repeal of all Ordinances inconsistent herewith; Directing the Planning and Environmental Resources Department to transmit a copy of this Ordinance to the Florida Department of Community Affairs; and Providing for an effective date. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Special Meeting in formal session on September 22, 2005. Please file for record. Should you have any questions, feel free to contact my office at (305) 295-3130. Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners BY:Q 0MC, 1alt, Isabel C. DeSantis, Deputy Clerk cc: County Administrator Growth Management Director County Attorney BOCC File Ll1 IT" ::T IT" <0 ..D ..D ru U.S. Postal Servicew CERTIFIED MAIL", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r-'l CJ CJ Return Reclept Fee CJ (Endorsement Required) CJ Restricted Delivery Fee IT1 (Endorsement Required) CJ Pregr ru Total ~.fftIn OFFIOIAl U J" - 0'" I Or".~'5: ~) o ;t 1~ 0.2.,. ~ 0 ~ 5 - OC~8J.k ~oo5 Here' , Postage $ Certified Fee ru CJ t To ~ ~!;~~[~::.~.:~~~-:r~r:ri:~--~~;i~-0250---'----'- citY:'siB;';:Z1~4-"'----"-""---"------------"--""""-------"_n......__.._.. \ . " ':--,.....- r ~(~ nd Weekly PS Form 3800, June 2002 See Reverse for InstructIons · 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 rnailpiece, or on the front if space pennits, 1. Article Addressed to: A Signature B. Received by ( Printed Name) DAgent D Addressee C. Date of Delivery x D.IS~? Dyes If 'l'l!S~erbtll~ckQsl~~ 0 No Program Adminietrator Allministrativ. COd. and W.ekly 'tA, Gray Building S" South Bronough Str.et Tallahaas.., Florilla 32398-0250 OCT 1 9 2005 3. CertIfIed Mail D Express Mail o Registered D Retum Receipt for Merchandise o Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes ,5 102595-02-M-1540 FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES October 24, 2005 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 17, 2005 and certified copies of Monroe County Ordinance Nos. 021-2005, 022-2005, 024-2005, 025-2005 and 026-2005, which were filed in this office on October 19,2005. (!II). C j 0::: o (.j w ~ 0::: ~ r> ~ Ik ..... ~8 ..J IiID - c::t LI.. = .. .;:r s: 0.. w < c:.::J .-J u.. <t~ .. :r;'--~ ....JOt- o 'X x:~::> .00 -' -0 >-:J:w %.....0 z-a:: < z Cl C) 2:. Si~~~ Liz Cloud Program Administrator DSTATE LIBRARY OF FLORIDA R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600 FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.fl.us DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 DADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282