Ordinance 011-2006
ORDINANCE NO.Oll~006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS TO REVISE
SECTIONS 9.5-124 THROUGH 9.5-124.8 NON-RESIDENTIAL RATE OF
GROWTH ORDINANCE (NROGO) OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS UTILIZING THE TIER OVERLAY AS
THE BASIS FOR THE COMPETITIVE POINT SYSTEM; CREATING A
SEPARATE NROGO SYSTEM FOR BIG PINE KEY AND NO NAME
KEY; PROVIDING FOR SPECIFIC VESTING PROVISIONS;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES; 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 Monroe County Board of County Commissioners, during eight public
hearings held in December, 2004, January, February, March, April, May, and June 2005, and
March 2005, reviewed and considered the proposed amendments to the Land Development
Regulations to revise Sections 9.5-124 through 9.5-124.8 non-residential rate of growth ordinance
(NROGO) of the Monroe County Land Development Regulations utilizing the tier overlay as the
basis for the competitive point system; 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 and revisions to ROGO and
NROGO based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation; and
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1, 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,
2. The designation of Tiers will be implemented through an overlay of the County's Land
Use District Map, that will be referred to as the "Tier Overlay District Map" in the County Code.
3, The adoption and amendments to the Tier Overlay District Map will be in accordance
with procedures for amending the Land Development Regulations in Section 9,5-511, Monroe
County Code.
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4. The adoption of the Habitat Conservation Plan and Community Master Plan for Big
Pine Key and No Name Key requires a non-residential allocation system (NROGO) for these
islands that is separate from the County-wide system.
5. Additional incentives are needed in the current NROGO to encourage work force
housing and additional opportunities for dedicating land or payment of fees in lieu of land
dedication to enable the County to acquire conservation lands,
6. The Planning and Environmental Resources Department staff prepared a draft
amendments to Chapter 9.5 (Land Development Regulations), Monroe County Code, in response
to the direction provided by the Board of County Commissioners and consistent with proposed
amendments to the Comprehensive Plan.
7. The Planning Commission, after hearing comments at four public hearings, made
changes to the staff draft amendments and recommended approval on November 3, 2004, to the
Board of County Commissioners of the proposed amendments to the Land Development
Regulations to incorporate changes to the County's NROGO based on the Tier system.
8, The Planning and Environmental Resources Department has made minor changes to
the proposed draft based on direction of the Planning Commission and public testimony at the
public hearing before the Board of County Commissioners in December 2004, including minor
text revisions to ensure readability and correct typographical errors or omissions in the text.
9. Subsequent to the adoption of amendments to the Comprehensive Plan by the Board of
County Commissioners on September 22, 2005, the Planning and Environmental Resources
Department prepared further amendments to the draft ordinance to ensure consistency with the
adopted plan amendments.
10. The proposed NROGO is a positive system, awarding major points based on the Tier
location of the property.
11. Positive points may be accrued by donating lots to the County for preservation in Tier
I and Tier II(Big Pine Key and No Name Key) and Tier III for affordable housing and for
payment of fees in the County's Land Acquisition Fund.
12. The current NROGO has thirteen criteria for assigning points, the proposed NROGO
contains nine criteria, awarding major points for the Tier location of a property.
13. Additional points may be accrued by providing for employee housing on site,
reducing intensity and through landscaping and water conservation.
14. 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
CommuniKeys Program's Community Master Plan for the Islands,
15. The Board of County Commissioners has reviewed the proposed amendments to the
Land Development Regulations as recommended by the Planning Commission and the Planning
and Environmental Resources Department.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The proposed amendments to the Land Development Regulations 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.
Section 2. Section 9.5-l24(b), Monroe County Code, is hereby amended to create a definition for
"buildable lot or parcel" that reads as follows:
"Buildable lot or parcel means the lot or parcel must contain a minimum of two thousand
(2,000) square feet of uplands, including any disturbed wetlands that can be filled pursuant
to this chapter."
Section 3. The definition of "Infill Site" in Section 9.5-l24(b), Monroe County Code, is hereby
deleted.
Section 4. Section 9.5-124.2 is hereby amended to read as follows:
"Sec. 9.5-124.2 Type of development affected and special requirements.
(a) The NROGO shall apply to the development of all new and expanded_non-
residential floor area, except as exempted by this division, for which a building permit or
development approval is required by this chapter.
(b) Notwithstanding the provisions of section 9,5-4(D-8) development, the
following new uses shall only be eligible for a NROGO allocation under this chapter on
sites located within a designated Commercial Center Overlay area:
(1) Commercial retail very high-intensity uses that generate more than one
hundred fifty (150) vehicle trips per one thousand (1,000) square feet of
floor area.
(2) Storage areas as a principal use not located within a Light Industrial (LI),
Industrial (I), or Maritime Industries (MI) district.
(3) Outdoor retail sales areas on a vacant lot and any new or expanded outdoor
retail sales associated with a lawfully established structure, existing on the
effective date of this division, of less than five hundred (500) square feet of
floor area, not located within a Light Industrial (LI), Industrial (I), or
Maritime Industries (MI) district.
(4) Commercial outdoor recreation uses.
(5) Notwithstanding the provisions (1)-(4) above, the following new uses or
change in use are prohibited on Big Pine KeylNo Name Key:
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(a) Commercial retail high intensity uses that generate more than one
hundred and fifty (150) trips per one thousand square feet of floor area.
(b) Outdoor storage as a principal use,
(c) Outdoor retail sales as a principal use.
(c) New or expanded outdoor retail sales associated with a lawfully established
structure, existing on the effective date of this division, of at least five hundred (500)
square feet of floor area, may be permitted with a minimum of a minor conditional use
approval if located within a designated Tier III designated area.
(d) Enclosing of any canopies or drive-throughs in existence on or before
September 19,2001, shall require a NROGO allocation.
(e) The special standards established elsewhere in this chapter for a designated
Commercial Center Overlay area or a specific Key( s) Overlay Zone, may supercede,
modify, or supplement the standards established for NROGO in this division,
(f) Non-public institutional uses on Big Pine Key and No Name Key are
subject to the provisions of NROGO pursuant to the following special conditions and
standards:
(1) A non-public institutional floor area and use, existing on the effective date
of the issuance of the Incidental Take Permit for the Florida Key Deer and
other covered species, may be expanded by two-thousand five hundred
(2,500) square feet of floor area per NROGO year, provided that the land
was owned by the institutional organization at the time of the issuance of
the Incidental Take Permit. These allocations are to be made on a "first
come, first served" basis.
(2) New non-public institutional uses on Big Pine Key and No Name Key are
subject to the provisions ofNROGO .
(g) All new or expanded non-residential development on Big Pine Key and No
Name Key is subject to the provisions of the Incidental Take Permit and the Habitat
Conservation Plan for the Florida Key Deer and other covered species, which may affect
NROGO allocations under this chapter. All new and expanded non-residential
development shall be limited to scarified or disturbed lands and clearing of any pinelands
and/or hammock is prohibited,"
Section 5. Section 9.5-124.3 (a)(4), Monroe County Code, is hereby amended as follows:
"(4) Development activity for certain not-for-profit organizations: Except for
the non-public institutional uses on Big Pine Key and No Name Key
pursuant to section 9.5-124.2, non-residential development activity within
Tier III designated areas by federally tax exempt not-for-profit educational,
scientific, religious, social, cultural and recreational organizations, which
predominately serve the county's permanent population, if approved by the
planning commission after review and recommendation by the planning
director. This exemption is subject to the condition that a restrictive
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covenant be placed on the property prior to the issuance of a building
permit. The restrictive covenant shall run in favor of Monroe County for a
period of at least twenty (20) years. Any change in the use or ownership of
the property subject to this restrictive covenant shall require prior approval
by the planning commission, unless the total floor area exempted by the
planning commission is obtained through an off-site transfer of floor area
and/or non-residential floor area allocation pursuant to this chapter. If the
total amount of floor area that is transferred and/or allocated meets or
exceeds the total amount of floor area exempted, the restrictive covenant
shall be vacated by the County. This not-for-profit exemption is not
applicable to non-residential development proposed within a Tier I
designated area."
Section 6.
Section 9.5-124.3 (a)(10) b., Monroe County Code, is hereby amended to read as
follows:
"i, Is located within a Tier III designated area, and if on Big Pine Key,
is located within the designated Community Center Overlay area;
and,
11, Is located within the same ROGO subarea as the sender site, except
that for a receiver site on Big Pine Key, the sender site shall also be
located on Big Pine or No Name Keys; and,
111. Is not a commercial very high intensity retail use which will
generate more than one hundred fifty (150) vehicle trips per one
thousand (1,000) square feet of floor area; and,
IV. Is not located within a "V" special flood hazard zone; and
v. Does not propose the clearing within a Tier III-A (Special
Protection Area) designated area of any portion of an upland native
habitat patch of one (1) acre or greater in area,"
VI. If on Big Pine Key, shall not be in a more restrictive Tier category
than the sender site and no transfer shall be allowed into Tier 1.
Section 7. Section 9.5-124.4(a) and (b), Monroe County Code, are hereby amended as follows:
"(a) Maximum amount of available floor area for the annual non-residential
ROGO allocations: The maximum amount of floor area available for allocation under
NROGO shall be determined by multiplying the number of residential permits available
for the annual residential allocation period year by two hundred thirty-nine (239) square
feet and rounding the product to the nearest one hundred (100) square feet. The maximum
amount of available floor area for annual allocations shall be computed separately for Big
Pine Key and No Name Key and for the remainder of unincorporated Monroe County.
This maximum total may be adjusted as provided for in section 9.5-124.6(a). Except for
Big Pine Key and No Name Key, for the first annual allocation period, the maximum
amount of floor area that may be made available for allocation is to be based upon the
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number of permits issued under ROGO, starting with the Third Quarter, ROGO Year 1
(starting April 14, 1993) through ROGO Year 9 (ending July 13, 2001) and number of
ROGO allocations to be made in ROGO Year 10, reduced by the amount of non-
residential floor area approved in permits, issued after the adoption of the comprehensive
plan on April 15, 1993. Any remaining part of the maximum annual allocation not made
available for allocation in an annual allocation period by the board of county
commissioners in section 9.5-124.4(g) shall be carried over to the next annual allocation
period.
(b) Maximum allocation of non-residential floor area by site: The amount of
non-residential floor area to be allocated shall be limited to a maximum of two thousand
five hundred (2,500) square feet for anyone site, except for sites located within a
designated Community Center Overlay area._ For sites located within a Community
Center Overlay area, the maximum allocation shall only be limited by the maximum floor
area per structure in subsection (c) below."
Section 8. Section 9.5-124.4, Monroe County Code, is hereby amended to create new Section
124.4 (i) and CD that read as follows:
" (i) First Allocations for Big Pine Key and No Name Key: For the first
allocation period (starting ROGO Year 15, Quarter 1), the maximum amount of floor area
available for allocation shall be based on the number of permits issued under the 200
allocations authorized by the Big Pine Key and No Name Key Community Master Plan
and the number of ROGO allocations to be made available in the ROGO Year 15
beginning July 14,2006.
CD Separate Allocations for Big Pine Key and No Name Key: Allocations for
Big Pine Key and No Name Key shall be administered and awarded separately from those
for the remainder of unincorporated Monroe County."
Section 9. Section 9.5-124.6 (b)(I), Monroe County Code, is hereby amended as follows:
"(1) Within thirty (30) days of an allocation date, unless otherwise extended by
the planning commission, the planning director shall:
a. Complete the evaluation of all allocation applications submitted
during the relevant allocation period; and
b. Total the amount of square footage for which allocation
applications have been received for Big Pine Key and No Name
Key and for the remainder of unincorporated Monroe County; and
c. Rank the floor area allocation applications, in descending order
from the highest evaluation point total to the lowest for each size
classification for Big Pine and No Name Key and the remainder of
unincorporated Monroe County."
Section 10. Section 9.5-124.7(a) and (b), Monroe County Code, are hereby amended as follows:
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"(a) Eligibility: An applicant is eligible for administrative relief under the
provisions of this section if all the following criteria are met:
(1) The applicant has complied with all requirements of the non-residential
permit system allocation system.
(2) The subject application has not been withdrawn; and,
(3) The subject application has been considered in the first four (4) consecutive
annual allocation periods and has failed to receive an allocation award.
(b) Application: An application for administrative relief shall be made on a
form prescribed by the director of planning and may be filed with the planning department
no earlier than the conclusion of the fourth allocation period and no later than one hundred
twenty (120) days following the close ofthe fourth annual allocation period."
Section 11. Section 9.5-124.7(e), Monroe County Code, is hereby amended as follows:
"(e) Public hearing: At a public hearing, the board of county commissioners may
review the relevant application and application evaluation ranking, taking testimony from
county staff and others as may be necessary and review documentary evidence submitted
by the applicant."
Section 12. Section 9.5-124.7(f), Monroe County Code, is hereby created that reads as follows:
"(f) Board action: At the conclusion of the public hearing, the board may take
any or a combination ofthe following actions:
(1) Offer to purchase the property at fair market value as the preferred action if
the property is location within:
a. a designated Tier I area;
b. a designated Tier II area (Big Pine Key and No Name Key);
c. a designated Tier III-A area (Special Protection Area); or
d. a designated Tier III area on a non-waterfront lot suitable for
affordable housing,
(2) Grant the applicant an allocation award for all or part of the non-residential
floor area requested in the next allocation award as the preferred option for
buildable properties not meeting the criteria in (1) above.
(3) Suggest such other relief as may be necessary and appropriate."
Section 13. Section 9.5-124,7, Monroe County Code, is hereby amended to read as follows:
"(a) Evaluation point values: The following point values established are to be
applied cumulatively except where otherwise specified:
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(1)
Tier designation: The following points are intended to discourage non-
residential development in environmentally sensitive areas and areas
without sufficient infrastructure and to direct and encourage non-residential
development in appropriate infill areas, while recognizing that any
development has affects on the carrying capacity ofthe Florida Keys:
Point Assignment Criteria
0 An application which proposes non-residential
development within an area designated Tier I
[Natural Area], except for the expansion of
existing, lawfully established non-residential
floor area provided under "exception" below.
H-1O An application which proposes non-residential
development within an area designated Tier II
[Transition and Sprawl Reduction Area] on Big
Pine and No Name Key.
+-10 An application which proposes non-residential
development within an area designated Tier IlI-
A (Special Protection Area) that proposes to
clear any portion of an upland native habitat
patch of one-acre of greater in size.
+20 An application which proposes non-residential
development within an area designated Tier III
[Infill Area],
Exception:
Any application for the expansion of existing,
lawfully established non-residential floor area
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 up()n which the existing use is located.
(2)
Intensity reduction: The following points are intended to encourage the
voluntary reduction of intensity:
IPoint assignment:
I Criteria:
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+4 An application proposes development that reduces the
permitted floor area ratio (FAR) to twenty three
percent (23%) or less.
Additional requirement:
A legally binding restrictive covenant running in favor
of Monroe County that restricts the floor area ratio of
the property to a maximum of twenty three percent
(23%) for a period often (10) years shall be approved
by the growth management director and county
attorney and recorded in the office of the clerk of the
county prior to the issuance of any building permit
pursuant to an allocation award.
(3) Land dedication: The following points are intended to encourage the
voluntary dedication of vacant, buildable land within Tier I and Tier II (Big
Pine Key and No Name Key) areas for the purposes of conservation,
resource protection, restoration or density reduction, and, if located within
Tier III, for the purpose of providing land for affordable housing where
appropriate:
Point assignment:
+4
Criteria:
An application which includes the dedication to
Monroe County of one (1) vacant, legally platted,
buildable lot, zoned SC, IS, IS-D, IS-M, URM, URM-
L, or CFV or, a legally platted, buildable lot within
any CFSD that authorizes dwelling units. Each
additional vacant, legally platted, buildable lot which
is dedicated that meets the above requirements will
earn the application the additional points as specified.
On Big Pine Key and No Name Key, an application
which includes the dedication to Monroe County of
one (1) vacant, legally platted, buildable lot, zoned
SC, IS, IS-D, IS-M, URM, URM-L, or CFV or, a
legally platted, buildable lot within any CFSD that
authorizes dwelling units. Each additional vacant,
legally platted, buildable lot which is dedicated that
meets the above requirements will earn the application
the additional points as specified.
An application which includes the dedication to
Monroe County of a vacant, legally platted, buildable
lot of five thousand (5,000) square feet or more
within a Suburban Residential District (SR) or
Suburban Residential - Limited District (SR-L) in a
designated Tier I area. Each additional vacant,
legally platted, buildable lot of five thousand (5,000)
square feet or more that meets the above requirements
+2
+ 1 per 5,000 square feet oflot area
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+0.5
will earn points as specified.
An application which includes the dedication to
Monroe County of one (1) vacant, legally platted lot of
five thousand (5,000) square feet or more within a
Native Area District (NA) or Sparsely Settled District
(SS) within a designated Tier I area. Each additional
vacant, legally platted, buildable lot that meets the
above requirements will earn the half (0.5) point as
specified,
An application which includes dedication to Monroe
County of at least one (1) acre of vacant, unplatted,
buildable land located within a designated Tier I area.
Each additional one (1) acre of vacant, unplatted,
buildable land that meets the above requirements will
earnth.e points as specified,
On Big Pine Key and No Name Key, an application
which includes dedication to Monroe County of at
least one (1) acre of vacant, unplatted, buildable land
located within a designated Tier I area, Each
additional one (1) acre of vacant, unplatted, buildable
land that meets the above requirements will earn the
points as specified.
Additional requirements
1. The application shall include but not be limited to
the following:
+4
+2
* An affidavit of ownership of all affected lots,
parcels, acreage or land; and
* A statutory warranty deed, that conveys the
dedicated property to the county shall be approved
by the growth management director and county
attorney and recorded in the office of the clerk of
the county prior to the issuance of any building
permit pursuant to an allocation award,
2. Lots or parcels dedicated for positive points under
this paragraph shall not be eligible for meeting the
mitigation requirements of the Big Pine Key and
No Name Key Overlay Zone,
3. Only lots or parcels on Big Pine Key and No
Name Key dedicated for positive points under this
paragraph will allow for positive points for
applications on Big Pine Key and No Name Key.
(4) Specialjlood hazard area: The following points are intended to discourage
development within high risk special flood hazard zones:
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Point assignment: Criteria:
-4 An application which proposes development within a
"V" zone on the FEMA Flood Insurance Rate Map.
(5) Perseverance points: The following points are intended to reward an
application based upon the number of years spent in the non-residential
ROGO system without receiving an allocation award.
Point assignment: Criteria:
+1 A point shall be awarded on the anniversary of the
controlling date for each year that the application
remains in the NROGO system up to four years.
+2 Points shall be awarded on the anniversary of the
controlling date for each year over four (4) that the
application remains in the NROGO system.
(6) Highway access: The following points are intended 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 project eliminates an existing driveway or access-
way to U.S. Highway 1.
+2 The projects does not provide for a new driveway or
access-way to U.S. Highway 1.
(7) Landscaping and water conservation: The following points are intended to
encourage the planting of native vegetation and promote water
conservation:
Point assignment: Criteria:
+3 The project provides a total of two hundred (200)
percent 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 nati ve 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
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such as use of one hundred percent (100%) native
plants for vegetation, collection and direction of
rainfall to landscaped areas, or application of re-used
wastewater or treated seawater for watering
landscaped plants.
Additional requirements:
Prior to the issuance of a certificate of occupancy for
the building permit authorized by an allocation award,
the applicant shall:
* Post a two-year performance bond in accordance
with this chapter to ensure maintenance of the
native plants; and,
*
Sign an affidavit acknowledging that he is subject
to code enforcement action should the native
plants not be maintained.
(8) Central wastewater treatment system availability: The following points
shall be assigned to encourage development in areas served by central
wastewater treatment systems:
Point Assignment: Criteria:
+4 An application which development is required to be
connected to a central wastewater treatment system
that meets BAT / A WT standards established by the
Florida Legislature.
(9) Employee housing: The following points, up to a maximum of four (4)
shall be assigned to allocation applications that make provisions for
employee housing units:
Point Assignment: Criteria:
+ 2 per unit Proposes an employee housing unit(s) which IS
located on the parcel with the nonresidential floor
space requested in the allocation application. Up to a
maximum of four (4) points may be awarded.
Additional Requirements:
1. The employee housing unit shall be required to
meet the applicable provisions of section 9.5-
266.
2. The proposed employee housing unit(s) shall be
included in the development approval for the
nonresidential development proposed In the
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allocation application.
3. A certificate of occupancy shall be granted for the
nonresidential development authorized by the
allocation award, but shall not be issued prior to
the certificate of occupancy for the employee
housing units.
(10) Payment to land acquisition fund: Up to two (2) points shall be awarded
for a monetary payment to the County's Land Acquisition Fund for the
purchase by the County of lands for conservation and retirement of
development rights. Points for payment to this fund shall be assigned as
follows:
Point Assignment: Criteria:
+ 1 to +2 Proposes payment to the County's Land Acquisition
Fund in an amount equal to the monetary value of a
ROGO dedication point times the number of points to
be purchased up to a maximum of two (2) points.
Additional Requirements:
1. The monetary value of each point shall be
established annually by resolution of the board
of county commissioners.
2. The monetary value of each point shall be based
upon the average market value of privately-
owned, buildable, vacant, IS/URM, platted lots
in Tier I divided by four (4).
3. Payment to the County's Land Acquisition Fund
shall be prior to the issuance of any building
permit pursuant to the allocation award.
Section 14. All applications in the NROGO system on the effective date of this ordinance that
do not receive an allocation award in Quarter 4, ROGO Year 14, ending July 13, 2006, shall be
re-scored in Quarter 1, ROGO Year 15, pursuant to the provisions of Section 13 ofthis ordinance
as modified by the vesting provisions of Section 15.
Section 15. Notwithstanding the provisions of Section 13 of this ordinance, upon the effective
date of this ordinance, the following vesting provision shall apply to the scoring of applications in
the ROGO system prior to the effective date of this ordinance:
All applicants in the NROGO system upon the effective date of this ordinance
shall be notified by regular mail within thirty (30) days from the effective date of
this ordinance by the County Planning and Environmental Resources Department
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of the new NROGO scoring system. In this notification, applicants shall be
informed that they have thirty (30) days from the date of the notification, if they
so chose, to submit a revision to their NROGO application to receive positive
points through aggregation, land dedication, or payment of fees to the land
acquisition fund. Within this one-time, thirty (30) day time period, applicants
shall be able to revise their applications without payment of fees or a change in
their controlling date upon condition that their approved building permit
application is not revised to involve any further clearing of upland native habitat.
Section 16. 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 17. 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 18. This ordinance does not affect prosecution for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due Or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 19. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 20. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 21. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 15th day of K.rch , A.D. , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
Not Present
Yes
Yes
Not Present
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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'AfTeST: DANNY KOHLAGE, CLERK
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Page 15 of 15
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
April 3, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9808
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 005-2006 providing for the purchase of property to be developed for the
establishment of affordable and employee housing; providing for the future development of such
housing; providing for severability; providing for repeal of inconsistent provisions; providing for
incorporation in the Monroe County Code; providing for an effective date.
Ordinance No. 006-2006 amending Chapter 3, Monroe County Code; Providing
clarification of authority of animal control officers and of other provisions of Chapter 3; Providing
for rabies vaccinations of ferrets and changing required ages of cats and dogs to be vaccinated;
Providing penalties enforceable by code violation prosecution for dangerous and vicious dogs;
Providing for prohibitions against abandonment of animals and chaining of dogs; Providing for
requirements of spaying or neutering of cats and dogs; Providing for exemptions and establishing
criteria and process to obtain an exemption from requirement for spay and neuter of dogs and
cats; Providing an incentive for permanent identification; Providing for severability; Providing for
the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe
County Code of Ordinances; and Providing an effective date.
Ordinance No. 008-2006 amending the Monroe County Land Development Regulations to
revise environmental regulations by deleting Sections 9.5-336, 9.5-337, 9.5-338, 9.5-339.1,
9,5-339.2, 9.5-339.3, 9.5-340, 9.5-341, 9.5-342, and 9.5-343 to eliminate requirements pertaining
to the Existing Conditions Map and Habitat Evaluation Index (HEI); Creating new Section
9.5-336 to require an Existing Conditions Report, including vegetative survey as part of
Ordinance Nos. 005-2006, 006-2006, 008-2006,
009-2006, 010-2006, 011-2006 & 013-2006
Development Application approval; creating new Section 9.5-337 to enhance protection of
upland vegetation through Grant of Conservation Easements; creating new Section 9.5-338 that
incorporates existing open space requirements for wetlands; Revising Section 9.5-347 to provide
for maximum clearing limits of native upland vegetation based upon the Tier System designation
of the subject property; Providing for specific vesting provisions; Providing for repeal of all
Ordinances inconsistent herewith; Providing for incorporation in the Monroe County Code of
Ordinances; 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. 009-2006 amending the Monroe County Land Development Regulations to
implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay System by revising
Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140 [Rate of Growth
Ordinance (ROGO)] and revising Section 9.5-266 [Affordable and Employee Housing]; Providing
evaluation criteria, point system, and procedures utilizing the Tier Overlay as the basis for the
ROGO System; Providing special evaluation criteria, point system, and procedures for Big Pine
and No Name Key based on Habitat Conservation Plan and Master Plan for Big Pine and No
Name Key; Creating an appeal process for NROGO; Limiting affordable housing allocations to
Tier III Areas; Providing for a 99 year restrictive covenant for affordable and employee housing;
Providing authority for an eligible governmental or non-governmental entity to administer
eligibility and compliance requirements of affordable housing regulations of behalf of the Planning
and Environmental Resources Department; Providing for specific vesting provisions; Providing
for repeal of all Ordinances inconsistent herewith; Providing for incorporation in the Monroe
County Code of Ordinances; 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. 010-2006 amending Land Developments Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay System by amending Section 9.5-256,
Tier Overlay District; Providing criteria for designation of tier boundaries; Providing a mechanism
for Tier Overlay District Map amendments; Providing for repeal of all Ordinances inconsistent
herewith; Providing for incorporation in the Monroe County Code of Ordinances; 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. 011-2006 amending the Monroe County Land Development Regulations
by revising Sections 9.5-124 through 9.5-124.8 Non-Residential Rate of Growth Ordinance
(NROGO) of the Monroe County Land Development Regulations utilizing the Tier Overlay as the
basis for the competitive point system; Creating a separate NROGO System for Big Pine Key and
No Name Key; Providing for specific vesting provisions; Providing for repeal of all Ordinances
inconsistent herewith; Providing for incorporation in the Monroe County Code of Ordinances;
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 Nos. 005-2006, 006-2006, 008-2006,
009-2006,010-2006,011-2006 & 013-2006
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on March 15, 2006. Please file for record.
Ordinance No. 013-2006 adopting an amendment to the Monroe County Land Use
District Map to include a Tier Overlay District Map designation on all land in unincorporated
Monroe County in the Florida Keys between Key West and Ocean Reef and designating
boundaries for Tier, I, Tier II, Tier III and Tier III-A (Special Protection Areas) as required in
Goal 105 of the 2010 Comprehensive Plan pursuant to the criteria in proposed Section 9.5-256;
Providing for repeal of all Ordinances inconsistent herewith, Directing the Planning and
Environment Resources Department to transmit a copy of this Ordinance to the Florida
Department of Community Affairs; and providing for an effective date. Please note that Exhibit
A is on the disc that is attached to the Ordinance.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Special Meeting in formal session on March 21, 2006. Please file for record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
. and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management w/o Ordinance 006 only
Community Services - Ordinance 006 only
Finance - Ordinance 006 only
County Attorney
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SENDER: COMPLETE THIS SECTION
. 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 mailpiece,
or on the front if space permits.
1. Article Addressed to;
Ms. Liz Cloud
Program Administrator
Administrative code & Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
2. Article Number
(rransfer from service (abeQ
COMPLETE THIS SECTION ON DELIVERY
A. Signature
x
D Agent
D Addressee
C. Date of Delivery
B. Received by ( Printed Name)
D.ls~"fr. (} DVes
If ~:e';ter delivery address below: D No
APR 0 5 2006
3. Service
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4. Restricted Delivery? (Extra Fee) D Yes
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7002 2030 0001 2668 9808
102595-02-M-1540
Domestic Return Receipt
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
April 6, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C, DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated April 3, 2006 and certified copies of Monroe County Ordinance
Nos. 005-2006, 006-2006, 008-2006 through 011-2006 and 013-2006, which were filed in this
office on April 5, 2006.
LC/mp
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Program Administrator ~("')~
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OST ATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.l1.us
OLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TlVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA06-0R-126
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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The Department of Community Affairs (the "Department") hereby issues it~in\ll Ormi:r, 0
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 011-2006
In re:
I
FINAL ORDER
pursuant to SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2005), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
I. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On April 6, 2006, the Department received for review Monroe County Ordinance
No. 011-2006 ("Ord. 011-2006").
3. The final order for this Ordinance must be signed by June 2, 2006.
4. The Ordinance implements Goal 105 of the Monroe County Comprehensive Plan
utilizing the tier overlay maps for all land in unincorporated Monroe County between Key West
and Ocean Reef, and designating the tier boundaries of Tier I, Tier 2, Tier 3, and Tier 3 Special
Protection Areas.
5. Ordinance 011-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
CONCLUSIONS OF LA W
6. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
DCA Final Order No.: DCA06-0R-126
State Concern. S 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. S 380.031(8), Fla. Stat. (2005). The
regulations adopted by Ord. 011-2006 are land development regulations.
9. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in S 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 011-2006 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(c) To protect upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pine lands, dune ridges and beaches,
wildlife, and their habitat.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(f) To enhance natural scenic resources, promote the aesthetic
benefits of the natural environment, and ensure that
development is compatible with the unique historic character of
the Florida Keys.
(j) To make available adequate affordable housing for all sectors
of the population of the Florida Keys.
II. Ord. 011-2006 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No.: DCA06-0R-126
WHEREFORE, IT IS ORDERED that Ord. 011-2006 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
T ER
State Planni g dministrator
Division of mmunity Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-1 06, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MA TERIAL FACT STATED IN THE AGENCY
3
DCA Final Order No.: DCA06-0R-126
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DA YS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.30 I, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the method indicated this jrt- day of June, 2006.
4
DCA Final Order No.: DCA06-0R-126
,1 (;7
,/ (./(jz . .t(2 .,
~pa~la Ford, AgenCyq1erk
U
By U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny 1. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
5