Resolution 032-2002
RESOLUTION NO. 032
-200 2
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY FLORIDA,
TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS THE REQUEST FILED BY THE
PLANNING AND ENVIRONMENTAL RESOURCES
DEPARTMENT TO AMEND THE MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN TO INCLUDE A
SMART GROWTH ELEMENT CONSISTING OF NEW
GOAL 105 AND SUBSEQUENT OBJECTIVES AND
POLICIES.
WHEREAS, the Monroe County Board of County Commissioners held a public hearing for
the purposes of considering the transmittal to the Florida Department of Community Affairs, for
review and comment, of a proposed amendment to the Monroe County Year 2010
Comprehensive Plan adding a Smart Growth Element consisting of Goal 105 and subsequent
objectives and policies; and
WHEREAS, the Planning Commission and the Monroe County Board of County
Commissioners support the requested Monroe County Year 2010 Comprehensive Plan
amendment; and
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt the recommendation
of the Planning Commission pursuant to the attached draft ordinance (marked as EXHIBIT 1) for
adoption of the Monroe County Year 2010 Comprehensive Plan; and
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment as part of the first (151) set of Comprehensive Plan amendments for 2002 to the
Florida Department of Community Affairs for review and comment in accordance with the
provisions of Sections 163.3184 and 380.0552, Florida Statutes; and
Section 3. The Monroe County Staff is given authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment in accordance with the
requirement of9J-ll.006 of the Florida Administrative Code; and
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Section 4. The Clerk of the Board is hereby directed to forward copy of this resolution to
the Director of Planning and Environmental Resources,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 16th day of January, 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
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BOARD OF COUNTY COMMISSIONERS OF
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ORDINANCE NO. -2002
AN ORDINANCE AMENDING THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN BY ADDING GOAL 105 AND
OBJECTIVES 105.1 THROUGH 105.3 TO ESTABLISH A SMART
GROWTH MECHANISM TO DIRECT FUTURE GROWTH TO INFILL
AREAS, EXPAND FUTURE LAND ACQUISITION AREAS, EXPAND
AREAS APPROPRIATE FOR TRANSFER OF DEVELOPMENT
RIGHTS, AND MODIFY THE PERMIT ALLOCATION SYSTEM.
WHEREAS, The Monroe County Year 2010 Comprehensive Plan was enacted on
January 4, 1996; and
WHEREAS, Objective 101.11 of Monroe County Year 20 I 0 Comprehensive
Plan states: "Monroe County shall implement measures to direct growth away from
environmentally sensitive land and towards established development areas served by
existing public facilities [9J-5 .006(3)(b)4 and 7]"; and
WHEREAS, Goal 102 of the Monroe County Year 20 I 0 Comprehensive Plan
states: "Monroe County shall direct future growth to lands which are intrinsically most
suitable for development and shall encourage conservation and protection of
environmentally sensitive lands. [9J-5.006(3)(a)]"; and
WHEREAS, Objective 102.9 of the Monroe County Year 2010 Comprehensive
Plan states: "By January 4, 1998, Monroe County shall complete and implement a
cooperative land management program for private and county-owned lands located
within and adjacent to parks and conservation lands which are owned by the state and
federal governments in the Florida Keys. [9J-5.006(3)(b)4]"; and
WHEREAS, the Monroe County Planning Department has recommended the
addition of Goal 105 and Objectives 105.1 through 105.3 to the Monroe County Year
2010 Comprehensive Plan; and
WHEREAS, the Development Review Committee on October 16, 200 I reviewed
the proposed text and recommended approval of the proposed text; and
WHEREAS, during regular meetings held on November 7, 2001, November 28,
2001, and December 12, 2001 the Monroe County Planning Commission conducted
public hearings on the proposed text; and recommended approval of the proposed text;
and
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WHEREAS, The Board of County Commissioners was presented with the following
information, which by reference is hereby incorporated as part of the record of said
hearing;
1. The staff report prepared on October 18, 2001 by K. Marlene Conaway, Director,
Planning and Environmental Resources.
2. Proposed changes to Momoe County Year 2010 Comprehensive Plan.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Momoe County Board of County Commissioners examined the
proposed amendments to the Momoe County Code submitted by the Momoe County
Planning Department; and
WHEREAS, the Momoe County Board of County Commissioners hereby
supports the decision of the Momoe County Planning Commission and the staff of the
Momoe County Planning Department; and
WHEREAS, it is the desire of the Momoe County Board of County
Commissioners that the following amendment to the County Code be approved, adopted
and transmitted to the state land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
following:
Year 2010 Comprehensive Plan is hereby amended to include the
GOAL 105
Momoe County shall undertake a comprehensive land acquisition program and smart
growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that
recognizes the finite capacity for new development in the Florida Keys by providing
economic and housing opportunities for residents without compromising the biodiversity
of the natural environment and the continued ability of the natural and made-made
systems to sustain livable communities in the Florida Keys for future generations.
Objective 105.1
Momoe County shall implement smart growth initiatives in conjunction with its
Livable CommuniKeys and Land Acquisition Programs which promote
innovative and flexible development processes to preserve the natural
environment, maintain and enhance the community character and quality of life,
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redevelop blighted commercial and residential areas, remove barriers to design
concepts, reduce sprawl, and direct future growth to appropriate intill areas.
Policy 105.1.1
Monroe County shall create an economic development framework for a
sustainable visitor-based economy, not dependent on growth in the
absolute numbers of tourists, that respects the unique character and
outdoor recreational opportunities available in the Florida Keys.
Policy 105.1.2
Monroe County shall prepare design guidelines to ensure that future uses
and development are compatible with scenic preservation and maintenance
of the character of the casual island village atmosphere of the Florida
Keys.
Policy 105.1.3
Monroe County shall prepare development standards and amend the Land
Development Regulations to limit non-residential allocations for new floor
space on anyone site to foster the retention and redevelopment of small
businesses on the US # 1.
Policy 105.1.4
Monroe County shall prepare redevelopment standards and amend the
Land Development Regulations to address the large number of non-
conforming commercial structures that are non-compliant as to on-site
parking, construction and shoreline setbacks, storm water management,
landscaping and buffers. By identifying the existing character and
constraints of the different island communities, regulations can be adopted
that provide incentives for redevelopment and permit the continuance of
businesses while moving towards an integrated streetscape.
Policy 105.1.5
Monroe County shall prepare amendments to this Plan and its Land
Development Regulations that comprehensively revise the existing
residential permit allocation system to direct the preponderance of future
residential development to areas designated as an overlay on the zoning
map(s) as Intill (Tier III) in accordance with Policy 105.2.2.
Policy 105.1.6
Monroe County shall prepare amendments to this Plan and its Land
Development Regulations that comprehensively revise the existing non-
residential permit allocation system in a manner that implements Policies
105.2.1 and 105.2.15 and is consistent with and furthers this Plan.
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Objective 105.2
Monroe County shall implement with assistance of the state and federal
governments a 20-year Land Acquisition Program to: 1) secure for conservation
and passive recreation purposes remaining privately-owned environmentally
sensitive lands; 2) retire development rights on privately-owned vacant lands to
limit further sprawl and equitably balance the rights of property owners with the
long-term sustainability of the Keys man-made and natural systems; and, 3)
secure and retain lands suitable for affordable housing. This objective recognizes
the finite limits of the carrying capacity of the natural and man-made systems in
the Florida Keys to continually accommodate further development and the need
for the significant expansion of the public acquisition of vacant developable lands
and development rights to equitably balance the rights and expectations of
property owners.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe
County into three general categories for purposes of its Land Acquisition
Program and smart growth initiatives. These three categories are: Natural
Area (Tier 1); Transition and Sprawl Reduction Area (Tier II); and Infill
Area (Tier III).
1. Natural Area (Tier I): Any defined geographic area where all or a
significant portion of the land area is characterized as
environmentally sensitive by the policies of this Plan and
applicable habitat conservation plan, is to be designated as a
Natural Area. New development on vacant land is to be severely
restricted and privately owned vacant lands are to be acquired or
development rights retired for resource conservation and passive
recreation purposes. However, this does not preclude provisions of
infrastructure for existing development. Within the Natural Area
designation are typically found lands within the acquisition
boundaries of federal and state resource conservation and park
areas, including isolated platted subdivisions; and privately-owned
vacant lands with sensitive environmental features outside these
acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined
geographic area, where scattered groups and fragments of
environmentally sensitive lands, as defined by this Plan, may be
found and where existing platted subdivisions are not
predominately developed, not served by complete infrastructure
facilities, or not within close proximity to established commercial
areas, is to be designated as a Transition and Sprawl Reduction
Area. New development is to be discouraged and privately owned
vacant lands acquired or development rights retired to reduce
sprawl, ensure that the Keys carrying capacity is not exceeded, and
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prevent further encroachment on sensitive natural resources.
Within a Transition and Sprawl Reduction Area are typically
found: scattered small non-residential development and platted
subdivisions with less than 50 percent of the lots developed;
incomplete infrastructure in terms of paved roads, potable water, or
electricity; and scattered clusters of environmentally sensitive
lands, some of which are within or in close proximity to existing
platted subdivisions.
3. Infill Area (Tier III): Any defined geographic area, where a
significant portion of land area is not characterized as
environmentally sensitive as defined by this Plan, where existing
platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to
established commercial areas, or where a concentration of non-
residential uses exists, is to be designated as an Infill Area. New
development and redevelopment are to be highly encouraged.
Within an Infill Area are typically found: platted subdivisions with
50 percent or more developed lots situated in areas with few
sensitive environmental features; full range of available public
infrastructure in terms of paved roads, potable water, and
electricity; and concentrations of commercial and other non-
residential uses within close proximity. In some Infill Areas, a mix
of non-residential and high-density residential uses (generally 8
units or more per acre) may also be found that form a Community
Center.
Policy 105.2.2
Monroe County shall prepare an overlay map(s) designating geographic
areas of the County as one of the three Tiers in accordance with the
guidance in Policy 105.2.1, which shall be incorporated as an overlay on
the zoning map( s) with supporting text amendments in the Land
Development Regulations. These maps are to be used to guide the Land
Acquisition Program and the smart growth initiatives in conjunction with
the Livable CommuniKeys Program (Policy 101.20.1).
Policy 105.2.3
The priority for acquisition of lands and development rights under the
County's Land Acquisition Program shall be as follows: Tier I (Natural
Area)-first priority; Tier II (Transition and Sprawl Reduction Area)-
second priority; and Tier III (Infill Area)- third priority, except acquisition
ofland for affordable housing shall also be a first priority. These
acquisition priorities shall be applied consistent with the Policy 105.2.10
that directs the focus of the County's acquisition efforts to the acquisition
or retirement of development rights of privately owned vacant platted
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subdivision lots within Tiers I and II. Federal, State and local funding will
be used for purchasing privately owned vacant lands for Tier II.
Policy 105.2.4
Monroe County shall prepare a specific data base tied to its Geographic
Information System, containing information needed to implement,
monitor, and evaluate its Land Acquisition Program, smart growth
initiatives, and Livable CommuniKeys Program.
Policy 105.2.5
Monroe County shall, in coordination with federal and state agencies,
implement a land acquisition program to acquire all remaining privately-
owned vacant lands within areas designated as a Natural Area (Tier I).
Policy 105.2.6
Monroe County shall implement a land acquisition program to acquire
most privately owned vacant private lands within areas designated as a
Transition and Sprawl Reduction Area (Tier II).
Policy 105.2.7
Monroe County shall implement a limited land acquisition program to
acquire privately owned vacant lands with sensitive environmental
features for conservation purposes and scarified properties for affordable
housing within areas designated as an Infill Area (Tier III).
Policy 105.2.8
The preferred method for acquisition of environmentally sensitive
privately owned vacant non-platted lands shall be fee simple purchase,
donation, or dedication or the retirement of development rights through
transfer of development rights or similar mechanisms.
Policy 105.2.9
The preferred method for acquisition of vacant platted lots shall be fee
simple purchase, donation, or dedication or the retirement of development
rights thorough transfer of development rights or similar mechanisms;
however, wherever appropriate, platted lots may be purchased in
partnership with adjoining property owner(s) subject to a conservation
easement that may allow limited accessory residential uses.
Policy 105.2.10
In terms of effort, Monroe County shall primarily focus its Land
Acquisition Program on the acquisition or retirement of development
rights of vacant privately-owned platted lots within Tier I and Tier II and
the acquisition of scarified and disturbed lands for affordable housing
within Tier III. This policy recognizes the critical need for the County to
aggressively address the imbalance between development expectations of
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private property owners and the finite carrying capacity of the natural and
man-made systems in the Florida Keys.
Policy 105.2.11
Monroe County shall petition the federal and state governments to
aggressively pursue the acquisition of all remaining privately-owned
vacant lands within their park and conservation acquisition boundaries and
to expand existing acquisition boundaries to include other lands in close
proximity with similar environmentally sensitive features.
Policy 105.2.12
With respect to the relief granted pursuant to Policy 106.1 (Administrative
Relief) or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the
preferred form of relief for any land within Tier I and Tier II, or any land
within Tier III having conservation value in accordance with the criteria in
Policy 101.6.5.
Policy 105.2.13
In implementing this Land Acquisition Program, Monroe County is only
committed or financially obligated to the extent that local, state, and
federal funds are available.
Policy 105.2.14
Monroe County shall identify and secure possible local sources to yield a
steady source of funds and secure increased funding from state and
federal, and/or private sources for the Land Acquisition Program and the
management and restoration of acquired resource conservation lands. With
the uncertainty concerning the County's ability to successfully secure
sufficient funding from state and federal governments for their fair share
of the financial support for the Land Acquisition Program and the
demands placed on the County's limited financial resources to address
wastewater and other critical issues, it is recognized that the Land
Acquisition Program may extend well beyond 20 years.
Policy 105.2.15
Where appropriate, as part of the Livable CommuniKeys Planning
Process, Community Centers shall be designated within areas designated
as Tier III (Jnfill Area). A Community Center is characterized as a defined
geographic area with a mix of retail, personal service, office and tourist
and residential uses (generally of greater than 8 units per acre).
Community Centers shall be designated as receiving areas for transfer of
development rights and shall receive special incentives in the non-
residential permit allocation system,
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Objective 105.3
Monroe County shall implement its 20- Year Land Acquisition Program and smart
growth initiatives in conjunction with its Livable CommuniKeys Program and
shall make appropriate amendments to this Plan and the Land Development
Regulations including, but not necessarily limited to the residential and non-
residential permit allocation systems.
Section 2. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
Section 5. 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 Administrative Commission approving the ordinance.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of , A.D.,
2001.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Murray Nelson
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
BY
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