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Item W2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17. 2002 Division: Growth Management Bulk Item: Yes No ---X- Department: Planning AGENDA ITEM WORDING: A public hearing to adopt an Ordinance amending Section 9.5-124.9 (c), Monroe County Code, to correct a clerical oversight in Ordinance #31-2001. ITEM BACKGROUND: At its September 19, 2001 meeting, the BOCC adopted Ordinance #31- 2001, establishing a non-residential permit allocation system. The draft ordinance in the BOCC agenda package was supposed to be a revised one containing changes to the Employee Housing Fair Share Impact Fee approved by the BOCC at an earlier public hearing. These changes were brought to the BOCC's attention at the September hearing and in the agenda packet. Unfortunately, the draft ordinance, which was signed by the Mayor and filed with the Clerk, did not contain the changes approved by the BOCC. The signed ordinance was missing a fee schedule for non-residential floor area of greater than 3,000 square feet. Therefore, the staff requests that the BOCC formally approve the amendment. PREVIOUS RELEVANT BOCC ACTION: On September 19, 2001, the BOCC unanimously adopted Ordinance #32-2001 (NROGO). CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes: N/A No: COST TO COUNTY: N/ A REVENUE PRODUCING: Yes No l AMOUNT PER MONTH_ Year APPROVED BY: County Atty ---X- OMB/Purchasing_ ,AICP DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included x To Follow_ Not Required_ AGENDAITEM# \N~ DISPOSITION: Revised 02/27/01 ORDINANCE NO. -02 AN ORDINANCE AMENDING SECTION 9.5-124.9 (c), MONROE COUNTY CODE; CORRECTING A CLERICAL OVERSIGHT IN ORDINANCE #31-2001 CONCERNING THE SCHEDULE FOR AFFORDABLE EMPLOYEE HOUSING FAIR SHARE IMP ACT FEES IN THE NON-RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE COURT OF THE BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners at it's September 19, 2001 meeting adopted Ordinance #31-2001 establishing the non-residential permit allocation system; and WHEREAS, the Monroe County Board of County Commissioners amended the proposed ordinance at an earlier meeting to increase the Employee Fair Share Impact Fee to $3.00 per square foot for structures containing more than 3,000 square feet; and WHEREAS, the draft ordinance in the Board's September agenda package and signed by the Mayor and filed with the Clerk did not contain the changes; and WHEREAS, it is the desire of the Board that the following amendment to the County Code be approved, adopted, and transmitted to the state land planning agency for approval; and NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT Section 1. Section 9.5-124.9(c), Monroe County Code, is amended to read as follows: (c) Establishment of Fee Schedule: An applicant for any new non-residential floor area, identified in subsection (b) above, shall pay, prior to the issuance of a building permit, a fair share employee housing fee as established by the following schedule: Structures for non-residential uses of one to 2,000 square feet: $1.00 per square foot Structures for non-residential uses of one to 3,000 square feet: $2.00 per square foot* Structures for non-residential uses of more than 3,000 square feet: $3.00 per square foot* *The fee is calculated on the total new or transferred non-residential floor area subject to Section 9.5-124.9(b)(2)f. above. Page 1 of2 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 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. Section 5. 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 6. The Director of Growth Management is hereby directed to forward a copy of this ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code of Ordinances once this ordinance is in effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor McCoy (SEAL) A TrEST: DANNY KOHLAGE, CLERK DEPUTY CLERK APrOVER- TO FORM 'AN LEG~C7~ BY J7f /' ~/ A' _... '. r-. Page 2 of2