Resolution 026-2006
RESOLUTION NO. 026 -2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA DECLARING CONSIDERATION OF
SPECIAL MASTER'S RECOMMENDATIONS ON APPLICATIONS FOR
REMOVAL OF PROPERTIES FROM THE CONSERVATION AND
NATURAL AREAS BOUNDARIES MOOT AND AUTHORIZING
PROPERTY OWNERS WHO MADE SUCH APPLICATIONS THE
OPTION OF INCORPORATING THE RECORD CREATED BEFORE
THE SPECIAL MASTER IN PUBLIC HEARINGS OF THE BOCC FOR
ADOPTION OF TIER DESIGNATIONS OR FUTURE APPEALS
REGARDING SAME.
WHEREAS, The Board of County Commissioners adopted an Interim
Development Ordinance designated No. 018 -2004 on June 16, 2004.
WHEREAS, Ordinance No. 018 - 2004 designated certain Conservation
and Natural Areas, the boundaries of which were described in maps attached
thereto and made a part of that ordinance and were defined as meaning all land
located within the boundaries of the attached Conservation and Natural Area
maps.
WHEREAS, during the period that this interim ordinance was in effect no
Rate Of Growth Ordinance allocation award, whether residential (ROGO) or
nonresidential (NROGO), with an application entry date of April 14, 2004, or later
was allowed for development that involved the clearing of any portion of an
upland tropical hardwood hammock or pinelands habitat contained in a patch of
two acres or more in size within a Conservation and Natural Area.
WHEREAS, Ordinance No. 018 - 2004 provided that proposed
amendments to Conservation and Natural Areas boundaries may be initiated by
a written applications submitted by an affected property owner to the planning
and Environmental Resources Department on a form proved by that Department.
WHEREAS, Ordinance No. 018 - 2004 further provided that such
applications for proposed amendments to the boundaries of the conservation and
natural areas shall follow a streamlined review process, i.e., review by the
Development Review Committee and Planning Commission would not be
required and the following procedure would be utilized instead:
(a) Application for a proposed amendment will be submitted to the
Planning and Environmental Resources Department for
consideration by the Special Master at a public hearing
advertised at least fifteen days prior to the hearing. The Special
Master shall receive ww:itten and/or oral testimony of County staff
and applicant, and shall provide reasonable opportunity for
relevant and material public testimony. The Special Master shall
promptly render a written opinion to the Board of County
Commissioners, recommending approval (in whole or in part) or
denial of the request for a boundary amendment.
(b) The public hearing for the Board of County Commissioners'
consideration of the Special Master's recommendations will be
advertised at least 15 days prior to the public hearing, but no
posting of the property will be required.
WHEREAS, 40 property owners applied for amendments to the
boundaries of the Conservation and Natural Areas and participated in hearings
before the Special Master appointed by the Board of County Commissioners.
The Special Master made findings and recommended that 9 properties be
removed from the CNA boundary (to which the Director of Planning and
Environmental Resources concurred) and that 31 properties should remain within
the CNA boundary.
WHEREAS, Ordinance No. 018 - 2004 was in effect until December 16,
2005, when it expired by its own terms prior to the BOCC holding any public
hearings on the Special Master's recommendations.
WHEREAS, the Conservation and Natural Areas boundaries defined in
Ordinance No. 018 - 2004 are in large part proposed to be Tier I of the revisions
to the land Development Regulations in which development will be highly
discouraged.
WHEREAS, revisions to the land Development Regulations providing for
objections and appeals to inclusion in Tier I will likely provide for a Special
Master hearing similar to the application for amendments to the boundaries of the
Conservation and Natural Areas.
WHEREAS, the issues regarding inclusion within Tier I will probably be
the same or similar to the issues for removal from the boundaries of the
Conservation and Natural Areas.
WHEREAS, in the interest of economy for the property owners who
participated in the Special Master hearings Board of County Commissioners
desires to allow them the option of utilizing the same record previously created
before the Special Master in public hearings of the BOCC for adoption of Tier
designations or future appeals regarding same.
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
1. For the reasons stated in the above findings, the public hearing for the
Board of County Commissioners' consideration of the Special Master's
recommendations subsequent to hearings on applications for proposed
amendments to boundaries of Conservation and Natural Areas
pursuant to Ordinance No. 018 - 2004 is declared unnecessary and
moot due to the expiration by its own terms of the effective dates of
Ordinance No. 018 - 2004.
2. In the interest of economy for the 31 property owners who applied for
amendments to the boundaries of the Conservation and Natural Areas
and participated in hearings before the Special Master and received an
adverse recommendation for consideration by the Board Of County
Commissioners they shall be allowed the option of utilizing the hearing
record previously created before the Special Master in public hearings
of the BOCC for adoption of Tier designations in the Land
Development Regulations or future appeals regarding same.
3. Other than in public hearings of the BOCC for adoption of Tier
designations in the Land Development Regulations. in order to utilize
the record previously created before the Special Master notice must be
given by the affected property owner to the County's Director of
Planning and Environmental Resources of the property owner's
intention to utilize the hearing record, such notice to be given within
120 days after the adoption of any amendments to the Land Use
District Map designating Tier boundaries.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida at a regular meeting held on the 18t:hday of
January ,AD., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro T em Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MayorCha~onnVMcCOY
BY:
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