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Item L4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17. 2002 Division: Growth Management Bulk Item: No -L Department: Planning and Environmental Resources AGENDA ITEM WORDING: Approval of a resolution directing Growth Management to continue to defer the award of modest housing ROGO points through December 31, 2002 until language to remove the criteria for modest housing and modular construction has been drafted as per the recommendation of the Planning Commission. ITEM BACKGROUND: The Planning Commission requested a 90-day deferral to provide them time to review and amend the ordinance to clearly define when points should be awarded for "modest housing". After a series of public workshops and review of research, the Planning Commission recommends the elimination of the modest/modular housing criteria as indicated in the letter from Chairman David C. Ritz. The Planning Commission requests that the deferral on modest/modular criteria be continued through December 31, 2002 to allow amendments to both the Year 2010 Comprehensive Plan and the Land Development Regulations. PREVIOUS REVELANT BOCC ACTION: In Resolution 033-2002 the BOCC directed Growth Management staff to defer the award of modest housing ROGO points for 90-days while the Planning Commission completed a review of the language and make a recommendation. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty _ c arry, AICP DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included -1L- To Follow_ NotRequired_ i ,I AGENDA ITEM #~ DISPOSITION: Revised 2/27/01 RESOLUTION NO. A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING GROWTH MANAGEMENT TO DEFER THE AWARD OF MODEST HOUSING ROGO POINTS UNTIL DECEMBER 31, 2002 AND TO DRAFT LANGUAGE WHICH WILL REPEAL THE CRITERIA THAT AWARDS POINTS FOR MODEST HOUSING AND MODULAR CONSTRUCTION IN THE YEAR 2010 PLAN AND LAND DEVELOPMENT REGULATIONS. WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 17th, 2002 directing Growth Management staff to defer the award of modest housing ROGO points for 90 days and to immediately begin working with the Planning Commission to review and prepare an amendment to the LDRs concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modest/modular points be extended so that the language may be repealed from both the Year 2010 Comprehensive Plan and the LDRs; NOW THEREFORE; BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: Pursuant to the pending legislation doctrine set forth in Smith v. City of Clearwater. 383 So. 2D 681 (Fla. 2nd DCA 1980), the Board of County Commissioners hereby directs Growth Management staff to continue to defer the award of modest housing ROGO points of building permit applications until December 31, 2002. Section 2: Growth Management staff is directed to immediately begin working to prepare amendments to the Monroe County Year 2010 Comprehensive Plan and Land Development Regulations repealing ROGO points for modest housing criteria and modular construction. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17 day of April, A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK