Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15,2002
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning
AGENDA ITEM WORDING: A public hearing to adopt an Ordinance amending Section 9.5-266 (a)
(6)c and d, and Section 9.5-266(a)(8)a, Monroe County Code, to correct a scrivener's error in
Ordinance #003-2002.
ITEM BACKGROUND: At the January 17, 2002 meeting, the BOCC adopted Ordinance #003-2002,
with a request that Section 9.5-266(b)(1) be amended to extend the length of time that the Restrictive
Covenant(s) shall be effective, from 30 to 50 years. After the adopted Ordinance was signed and filed
with the Clerk, the staff found other areas of the amended text that also needed to be revised to reflect
the BOCC approved change from 30 to 50 years.
PREVIOUS RELEVANT BOCC ACTION: On January 17,2002, the BOCC unanimously adopted
Ordinance #003-2002.
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 X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing_
DOCUMENTATION:
Included X
AICP
DIVISION DIRECTOR APPROVAL:
To Follow Not Required_
AGENDA ITEM #4
DISPOSITION:
Revised 02/27/01
ORDINANCE NO. -2002
AN ORDINANCE AMENDING SECTION 9.5-266 (a)(6)c.
AND d., AND SECTION 9.5-266 (a)(8)a., MONROE COUNTY
CODE; CORRECTING A SCRIVENER'S ERROR IN
ORDINANCE #003-2002 CONCERNING THE CHANGE IN
THE LENGTH OF RESTRICTIVE COVENANTS TO FIFTY
YEARS FOR AFFORDABLE HOUSING; PROVIDING FOR
SEVERIBILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR THE INCORPORATION INTO THE MONROE
COUNTY CODE; DIRECTING THE CLERK 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 Monroe County Board of County Commissioners adopted
Ordinance #003-2002, on January 17, 2002, with an amendment to Section 9.5-266 (b)
(1) increasing to fifty (50) years the effective time for the restrictive covenant for
employee or affordable housing; and
WHEREAS, other sections of the text were not revised at the hearing to reflect
the change adopted by Board and need to be now revised to reflect the legislative intent
of the Board; and
WHEREAS, it is the desire of the Monroe 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. Paragraphs (6) c. and d. of Section 9.5-266(a), Monroe County Code, are
amended to read as follows:
c. The use of the affordable or employee housing dwelling unit is restricted
for a period of at least fifty (50) years to households that meet the
requirements of paragraph (6) a. or (6) b. above; and
d. The size of the affordable or employee housing dwelling unit is limited by
a condition to be placed on the development permit which restricts the
habitable space of the unit to a maximum of one thousand three hundred
(1,300) square feet for a period of at least fifty (50) years; and
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Employee Housing
Section 2. Paragraph (8) a. of Section 9.5-266(a), Monroe County Code, is amended to
read as follows:
a. The use of the market rate housing dwelling unit is restricted for a period of
at least fifty (50) years to households that derive at least seventy (70)
percent of their household income from gainful employment in Monroe
County; and
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
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.
Section 6. 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 7. 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.
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Employee Housing
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 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
APijR.. G>l=~, \5 TO F'ORM
:rL=/~~VY/!
\:::/ Attorney's Office:
DEPUTY CLERK
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Initials
Employee Housing