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
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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
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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
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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;
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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:
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+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.
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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
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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.
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+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:
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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:
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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;
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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:
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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
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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.
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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
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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
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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
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Program Adminietrator
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S" South Bronough Str.et
Tallahaas.., Florilla 32398-0250
OCT 1 9 2005
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4. Restricted Delivery? (Extra Fee) 0 Yes
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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.
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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