Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Division: Growth Management
Bulk Item:
No .....x-.-
Department: Planning & Env. Resources
AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending Sections 9.5-122.3,9.5-124.8
and 9.5-266 Monroe County Code, granting to the Growth Management Director & County Attorney the authority
to approve Restrictive Covenants & Warranty Deeds. [One hearing only required.]
ITEM BACKGROUND: Presently, all affordable housing restrictive covenants, warranty deeds for land
dedication, and restrictive covenants limiting density and intensity on a parcel of land, require approval by the
Board of County Commissioners before any development may receive a building permit. In 2003, there were
approximately 80 such agreements, all of these were presented to the Board as bulk approval items. Since the
inception of ROGO all of these have been approved. The formality of this process is unnecessarily time
consuming for the applicant, staff and Commission.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACVAGREEMENTCHANGES: N~
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
x
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _^
OMB/Purchasing N/ A
. sk Management N/ A
DIVISION DIRECTOR APPROVAL:
AICP
DOCUMENTATION: Included X
To Follow_
Not Required
DISPOSITION:
AGENDA ITEM #
Ut
~~I
Planning Director
APR-02-04 15.31 F~UM'MUN~U~ ~UUN~Y AI~Y U~~I~~ IU'~~~~~~~~lb
r-M"--"-
. , ..
ORDINANCE NO. -2004
AN ORDINANCE AMENDING SEC. 9.5-122.3; SEC.9.S-124.8; SEC.
9.S-266 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS IN ORDER TO GRANT AUTHORITY TO
GROWTH MANAGEMENT DIRECTOR AND THE COUNTY
ATTORNEY TO APPROVE RESTRICfIVE COVENANTS AND
WARRANTY DEEDS UNDER ROGOINROGO AND
AFFORDABLE HOUSING. PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND DIRECTING THE PLANNING DIRECTOR
TO FORWARD A CERTlJtlED COpy OF TIDS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, presently, all restrictive covenants for Affordable Housing, warranty deeds for
land dedication, restrictive covenants pennitting only single-family dwellings on a parcel of land, or, in
a few cases, the removal of these restrictive covenants require approval by the board of county
commissioners before any development may receive a building pennit; and
WHEREAS, in 2003, there were approximately 80 such agreements; and
WHEREAS, all were legally advenised for BOCC regular meetings, and all were fonnally
presented to the commission for approval as Bulk Items; and
WHEREAS, after approval, each agreement is recorded in the office of the county clerk; and
WHEREAS, the commission has approved all of these agreements; none have ever been
disapproved; and
WHEREAS, this process has existed since the inception ofROGO; and
WHEREAS, the formality of this process is unnecessarily time-consuming for the applicant,
for staff and for the commission; and
WHEREAS, it is proposed that each of these actions be approved by the growth management
director and the County Attorney, and then recorded in the office of the County Clerk; and
WHEREAS, Staff finds that the proposed change is consistent with Section 9.5-51 1 (d)(5) b.
(iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and
WHEREAS, The Monroe County Board of County Commissioners finds that the proposed
change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the ORC public meeting of
January 15,2004; and
AP~-~~-~q l~:~~ ~~UM:MUNKU~ ~UU"~I M~~I vrrA~~
IU;"';'''';;;I",;;;;r",..,....".....
WHEREAS, this text change was reviewed and APPROVED at the PC public hearing of
January 28, 2004 and APPROVED at the public hearing of February 11. 2004;
WlIEREAS, The Board of County Commissioners at their meeting of April 21, 2004 in Key
West, Florida reviewed the proposed amendment to Sections 9.5-122.3; Sec. 9.5.124.8; & Sec. 9.5-26
as recommended by the Planning Commission and Growth Management.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTV, FLORIDA, THAT:
I Strik0 the\i~ t~Kt is deleted.
underlined text is new-
Seetion 1.
Section 9.5-122.3 Evaluation eriteria
(a)(3) Lot aggregalion:
Addilional requirements:
L Points will not be awarded for lot aggregation within those areas proposed for
acquisition by governmental agencies for the purpose of resource protection.
2. The application shall include but not be limited to the following:
. oJ.; An affidavit of ownership of all affected parcels. acreage or land; and
. 2-. A Le1!aJ1v binding restrictive covenant limiting the number of dwelling units on
the acreage tract, nmning in favor of Mom-oe County and enforceable by the
Cmmty, sYlljeet te shaH be approved by the ap,Fe"Jal efthe beerd efeeYll~
oommi99ieR8,8 Growth Management Director and County Attornev and recorded
prier te filiRg in the office of the County Clerk Suell ooveaBt Hnl&t Be appreveEl
by 1M hellHi prior to the issuance of Wefe any development approval or may Be
isstIe6 building. permit. pursuant to an allocation award.
(a){4) Acrea2e tract densifY reduction:
Additional requirements:
1. The parcel nroposed for development must be located in zonine districts in which
density is allocated in residential units per acre.
2. The application shall include but not be limited to the following:
· Altaffidavit of ownership of the affected parcel, acreage or land;
· A Legallv binding restrictive covenant limiting the number of dwelling units on
the acreage tract, running in favor of Mom-oe County and enforceable by the
,..,rl'l;;-~'-tu., &0.,;,...;1,
Seetion 2.
. ~~.. . ..~....~~ ---.... -... -... -- . - . -- ---;;;;iJ
COWlIy, su~... Ie sbaIJ be al>Droved bv Ibe ~:a1.flhe ~...~ .fo....",
oommissieReFS Growth Mana~ement Director. County Attornev and recorded
prier '9 f:iliBg in the Monroe County Clerk's Office, guell eeveDSBt must be
apple' led ey tAe b98(fI prior to the issuance of 8efeFe any development approval
or may 88 isstleS building permit. pursuant to an allocation award,
(aX5) Land dedication:
Additional requirements:
1. "Buildable" means construction of a dwelling ",nit or some development could be
permitted. as determined bv the ew.1l'OOmeAt Fe~B tiireeter Director of
Planning.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, 8J;feJ.e or land;
· A statutory wananly doed Ihat CODV'f the dedi4= 10 the CoWlty
shall be approved bv the, s\lbjeet te e appre~ ef iii beard of 09ltAly
ooffimissi8RefS Growth Management Director. COWll:Y Attornev and ~~rded
prier t8 filiBg in the office of tile COWlty Clerk, whiell e81l\'eys tile deElieatefl
f)f8)M'Ry Ie the e9W\~. gweh aeed must be apl'feVe6 hy the 6ear-G prior to the
issuance of~ any developmeat 8pprevel buiJdina pennit IMY he issued
pursuant to an allocation award.
Sec. 9.5-124.8 EvalultioD criteria
(0)(2) Intensity reduction, ()
Additional requ;remenp
A legally binding restrictive covenant running in favor of Monroe County that limits the
floor area ratio of the pro rty to a maximum of twenty three percent (23%) for a period
of ten (10) years shall approved by the 8sarEl sf CetlRly CeRUH:iSSleMfS Growth
M ement Director Coun Attorne and recorded prior to the issuance of any
building pennit pursuant to an allocation award.
(a}(3) Land dedication:
Additional requirements:
1. "Buildable" shall mean construction of a dwelling unit or non-residential devdopment,
as determined by the planning director.
2. The application shall include but not be limited to the following:
r""\'" ..,~ __ ..........,~ ...,,_....-,,_...,,__ .....__.... _"... _.. .__
. An affidavit of ownership of all affected lots
~
. A statutory warranty deed that cony . the dedicated fO to the coun shall be
8DDfoved by the, },e8fd af e8aety eeMMieeisMfS
Growth Mana~ement Dircct9r. ounty Attorney and recorded prier t6 miDg in the
office of the Clerk of the COWlty, \Vhieh esltVeys the Eledieated pr-eperty tG lite
emmty. Sueh deed must b& apprs'..ed BY ate t.ean:i prior to the issuance of MieN any
aevelepment apprsval buildina oenni! may be issued pursuant to an allocation
award.
Section 3.
Sec. 9.5-166. Affordable and employee housing; administration.
(b) Administration and compliance:
(7YThe restrictive covenant.1i for affordable and employee housing required under ttps
section shan be approved bv the Growth Mana2ement Director and County Attorney
prior to the recording of the covenant and issuance of any buildina Dcrrmit.
Section 4.
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 5.
All ordinances or pans of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
Section 7.
This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall
not become effective Wltil a notice is issued by the Department of Conununity Affairs
or Administrative Commission approving the ordinance.
Section 8.
This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to detennine the consistency of this ordinance with the Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe COWlty, Florida, at a
regular meeting of said Board held on the day of , 2004.
Mayor Nelson
Mayor Pro Tern Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
(SEAL)
. Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMlSSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Cleric
Mayor/Chairperson
MONROE COUNTY ATTORNEY
A~PR veo S FORM:
R N. WOLFE
CHIEF ASSt ANT .eQVNT)' ATTORNfV
0.,. ~ 7~-Ott:
AMENDMENT TO THE MONROE
COUNTY LAND DEVELOPMENT
REGULATIONS
Board of County Commissioners
Meeting -- Key West
April 21, 2004
PROPOSED AMENDMENT TO MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
AN ORDINANCE AMENDING SEC. 9.5-122.3; SEC.9.5-124.8; SEe. 9.5-266 OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS IN ORDER TO GRANT AUTHORITY TO
GROWTH MANAGEMENT DIRECTOR AND THE COUNTY ATTORNEY TO APPROVE
RESTRICTIVE COVENANTS AND WARRANTY DEEDS UNDER ROGO/NROGO AND
AFFORDABLE HOUSING AND PROHIBIT THE AWARD OF POINTS FOR AGGREGATION IN
SPECIFIC AREAS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND DIRECTING THE PLANNING DIRECTOR TO FORWARD A CERTIFIED
COPY OF TillS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE.
Land Development Regulations Text Amendment
Staff
DRC
PC
Approval
Approval
Approval
February 26, 2004
February 26, 2004
March 10,2004
Staff Report
Resolution #D04-04
Resolution # P04-04
Board of County Commissioners
Proposed Ordinance
Amendment to Sections
9.5-122.3; 9.5-124.8;
& 9.5-266
of the Land Development
Regulations
ORDINANCE NO. -2004
AN ORDINANCE AMENDING SEC. 9.5-122.3; SEC.9.5-124.8; SEC.
9.5-266 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS IN ORDER TO GRANT AUTHORITY TO
GROWTH MANAGEMENT DIRECTOR AND THE COUNTY
ATTORNEY TO APPROVE RESTRICTIVE COVENANTS AND
WARRANTY DEEDS UNDER ROGOINROGO AND
AFFORDABLE HOUSING. PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND DIRECTING THE PLANNING DIRECTOR
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, presently, all restrictive covenants for Affordable Housing, warranty deeds for
land dedication, restrictive covenants permitting only single-family dwellings on a parcel of land, or, in
a few cases, the removal of these restrictive covenants require approval by the board of county
commissioners before any development may receive a building permit; and
WHEREAS, in 2003, there were approximately 80 such agreements; and
WHEREAS, all were legally advertised for BOCC regular meetings, and all were formally
presented to the commission for approval as Bulk Items; and
WHEREAS, after approval, each agreement is recorded in the office of the county clerk; and
WHEREAS, the commission has approved all of these agreements; none have ever been
disapproved; and
WHEREAS, this process has existed since the inception of ROGO; and
WHEREAS, the formality of this process is unnecessarily time-consuming for the applicant,
for staff and for the commission; and
WHEREAS, it is proposed that each of these actions be approved by the growth management
director and the County Attorney, and then recorded in the office of the County Clerk; and
WHEREAS, Staff finds that the proposed change is consistent with Section 9.5-511(d)(5) b.
(iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and
WHEREAS, The Monroe County Board of County Commissioners finds that the proposed
change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the DRC public meeting of
January 15,2004; and
WHEREAS, this text change was reviewed and APPROVED at the PC public hearing of
January 28,2004 and APPROVED at the public hearing of February 11,2004;
WHEREAS, The Board of County Commissioners at their meeting of April 21, 2004 in Key
West, Florida reviewed the proposed amendment to Sections 9.5-122.3; Sec. 9.5.124.8; & Sec. 9.5-26
as recommended by the Planning Commission and Growth Management.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
I strike tlul1:lgh text is deleted.
underlined text is new.
Section 1.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
.L Points will not be awarded for lot aggregation within those areas proposed for
acquisition by governmental agencies for the purpose of resource protection.
2. The application shall include but not be limited to the following:
· +, An affidavit of ownership of all affected parcels, acreage or land; and
· ~ A Legally binding restrictive covenant limiting the number of dwelling units on
the acreage tract, running in favor of Monroe County and enforceable by the
County, subjeet to shall be approved bv the appro',al of the board of eounty
eommissioners Growth Management Director and County Attorney and recorded
prior to filing in the office of the County Clerk 8l:1ea eoyemmt must be appro'led
by the board prior to the issuance of before any development approval or may be
issued building permit, pursuant to an allocation award.
(a)(4) Acreage tract density reduction:
Additional requirements:
1. The parcel proposed for development must be located in zoning districts in which
density is allocated in residential units per acre.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of the affected parcel, acreage or land;
· A Legally binding restrictive covenant limiting the number of dwelling units on
the acreage tract, running in favor of Monroe County and enforceable by the
Section 2.
County, s1:lbjeet to shall be approved bv the approyal of the board of eounty
commissioners Growth Management Director. County Attorney and recorded
prior to filing in the Monroe County Clerk's Office, SueD eOyeflam l'ft1:lst be
appro';ed by the board prior to the issuance of before any development approval
or may be issued building permit. pursuant to an allocation award.
(a)(5) Land dedication:
Additional requirements:
1. "Buildable" means construction of a dwelling unit or some development could be
permitted. as determined by the enviromneat resourees direetor Director of
Planning.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the County
shall be approved by the, subjeet to the approyal of the board of eoUftty
commissioners Growth Management Director. County Attorney and recorded
prior to filing in the office of the County Clerk, 'Nhich eonveys the dedicated
property to the eouaty. Such deed must be appro'/ed by the board prior to the
issuance of before any de'/clopment approval building permit may be issued
pursuant to an allocation award.
Sec. 9.5-124.8 Evaluation criteria
(a)(2) Intensity reduction:
Additional requirements:
A legally binding restrictive covenant running in favor of Monroe County that limits 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 Board ofCmmty Commissioners Growth
Management Director. County Attorney and recorded prior to the issuance of any
building permit pursuant to an allocation award.
(a)(3) Land dedication:
Additional requirements:
1. "Buildable" shall mean construction of a dwelling unit or non-residential development,
as determined by the planning director.
2. The application shall include but not be limited to the following:
Section 3.
Section 4.
Section 5.
Section 7.
Section 8.
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the county shall be
approved by the, subjeet to the approval of the bOlH'd of eounty eommissioners
Growth Management Director. County Attorney and recorded prior to filing in the
office of the Clerk of the County, wmeh eOBveys the dedieated property to the
county. Slieh deed must be approyed by the bOlH'd prior to the issuance of before any
development appro'/al building permit may be issued pursuant to an allocation
award.
Sec. 9.5-266. Affordable and employee housing; administration.
(b) Administration and compliance:
(7)The restrictive covenants for affordable and employee housing required under this
section shall be approved by the Growth Management Director and County Attorney
prior to the recording of the covenant and issuance of any building permit.
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.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
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.
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.
[The remainder of this page is left blank intentionally]
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the day of , A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tem David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
(SEAL)
A TrEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
Board of County Commissioners
Staff Report
April 21, 2004
Key West, Florida
MEMORANDUM
TO: The Board of County Commissioners
FROM: K. Marlene Conaway, Director of Planning & Env. Resources
DATE: March 30, 2004
SUBJECT: PROPOSED AMENDMENTS TO SEC. 9.5-122.3; SEC.9.5-124.8; & SEC.
9.5-266 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS IN ORDER TO GRANT AUTHORITY TO GROWTH
MANAGEMENT DIRECTOR AND THE COUNTY ATTORNEY TO
APPROVE RESTRICTIVE COVENANTS AND WARRANTY DEEDS
UNDER ROGO/NROGO AND AFFORDABLE HOUSING.
I. BACKGROUND
Presently, all restrictive covenants for Affordable Housing, warranty deeds for land dedication,
restrictive covenants permitting only single-family dwellings on a parcel of land, or, in a few
cases, the removal of these restrictive covenants require approval by the Board of County
Commissioners before any development may receive a building permit. In 2003, there were
between 75 to 80 such agreements. All were legally advertised for BOCC regular meetings, and
all were formally presented to the Commission for approval as Bulk Items. After approval, each
agreement is recorded in the office of the county clerk. The Commission has approved all of
these agreements; none have ever been disapproved. This process has existed since the
inception of ROGO.
Each of these agreements requires that Growth Management staff schedules and prepares
newspaper advertisements, prepares Briefing Sheets, etc. The formality of this process is
unnecessarily time-consuming for the applicant, for staff and for the Commission. It is
proposed that each of these actions be approved by the Growth Management Director and the
County Attorney, and then recorded in the office of the County Clerk.
This text change was reviewed and recommended approval at the DRC public meeting of
January 15, 2004.
This text change was reviewed at the PC public hearing of January 28, 2004 and was continued
to the PC meeting of February 11, 2004. At the PC public hearing of February 11, 2004, the
proposal was recommended for approval.
II. RECOMMENDATION
Staff recommends the Board of County Commissioners approve the following amendments to
the Land Development Regulations:
III. PROPOSED TEXT CHANGES
strike though text is deleted.
underlined text is new.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
1:. The application shall include but not be limited to the following:
· +; An affidavit of ownership of all affected parcels, acreage or land; and
· 2. A Legally binding restrie-ti';e eoyenant limiting the l'l.-l:1mber of dwelling units on the
acreage traet, ruflIling in fayor of MOfl:foe ColIDty and enforceable by the eounty, subject to
shall Be aparoved by the approval of the-board of county commissioners gro'.vth
managemem director and county attorney and reeorded prior to filing in the office of the
clerk ofilie ceunty. Such covenant must be approved by the board prior to the issuance of
before any development approyal may be issued building: permit pursuant to an allocation
award.
(a)(4) Acreage tract density reduction:
Additional requirements:
1. The parcel proposed for developmem m\:lst be leeated in zoning districts in ':;hich
density is alloeated iB residemial1:ll1its per aere.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of the affected parcel, acreage or land;
. ~~ binding restrieti'le eoveFlant limiting the Bumber of dwelling
units on the aereage tFaet, I1:H1Ring in fa-'/or ef Mornoe County and enforeeable
by the eOlmty, subject to shall be approved by the approval of the-board of
county commissioners grov.1:h management direetor and eounty attorney and
reeorded prior to filing in the offiee of the derk of the county. Such covenant
must be approved by the board prior to the issuance of before any development
approval may be issued building permit pursuant to an allocation a':Iffi"d.
(a)(5) Land dedicatien:
Additional requirements:
1. "Buildable" means eonstruction of a dwelling unit or some de'lelopment could be
permitted, as determined by the environment resources director director of plar.1'ling.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the county shall be
approved by the, sl:lbjeet to the approval of the board of county eommissioners
growth management director and county attorney and recorded prior to filing in the
office of the clerk of the county, whieh conyeys the dedicated property to the
coWlty. Sueh deed must be approved by the board prior to the issuance of before
any de';elopment appro'lal building permit may be issued pursuant to an allocation
award.
See. 9.5 121.8 Evaluation eriteria
(a)(2) Intensity reduction:
Additional requirements:
A legally binding restrictive covenant running in favor of Monroe County that limits the
floor area ratio of the property to a maximum of twenty three percent (23%) for a period
of ten (10) years shall be approved by the Board of Co1:lllty Commissioners growth
management director and county attorney and recorded prior to the issuance of any
building permit pursuant to an allocation award.
(a)(3) Land dedication:
Additional requirements:
1. "Buildable" shall mean construction of a dwelling unit or non-residential
development, as determined by the planning director.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the county shall be
approved by the, subj ect to the approval of the board of eoWlty eommissioners growth
management director and county attorney and recorded prier to filing in the office of the
clerk of the county, ",Alich conveys the dedieated property to the connty. Saeh deed mast be
appro 'led by the board prior to the issuance of before any deyelopment approval building
permit may be issued pursuant to an allocation award.
Sec. 9.5-266. Affordable and employee housing;
Administration.
(b) Administration and compliance:
(7) The restrictive covenants for affordable and employee housing required under this
section shall be approved by the growth management director and county attorney
prior to the recording of the covenant and issuance of any building permit.
[The remainder of this pa2e is left blank intentionallvl
Planning Commission
Resolution
P06-04
PLANNING COMMISSION RESOLUTION #P06-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY
PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND SEC. 9.5-122.3;
SEC.9.5-124.8; SEC. 9.5-266 OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS IN ORDER TO GRANT AUTHORITY TO
GROWTH MANAGEMENT STAFF TO APPROVE RESTRICTIVE
COVENANTS AND WARRANTY DEEDS UNDER ROGO/NROGO AND
AFFORDABLE HOUSING.
WHEREAS, presently, all restrictive covenants for Affordable Housing,
warranty deeds for land dedication, restrictive covenants permitting only single-
family dwellings on a parcel of land, or, in a few cases, the removal of these
restrictive covenants require approval by the board of county commissioners
before any development may receive a building permit; and
WHEREAS, in 2003, there were between 75 to 80 such agreements; and
WHEREAS, all were legally advertised for BOee regular meetings, and all
were formally presented to the commission for approval as Bulk Items; and
WHEREAS, after approval, each agreement is recorded in the office of the
county clerk; and
WHEREAS, the commission has approved all of these agreements; none
have ever been disapproved; and
WHEREAS, this process has existed since the inception of ROGO; and
WHEREAS, each of these agreements requires that growth management
staff schedules and prepares newspaper advertisements, prepares Briefing
Sheets, etc; and
WHEREAS, the formality of this process is unnecessarily time-consuming
for the applicant, for staff and for the commission; and
WHEREAS, it is proposed that each of these actions be approved by the
growth management director and the county attorney, and then recorded in the
office of the county clerk; and
Page 1 of 5
G:\Planning\Working Folders\Gross-Fred\Restrictive Covenants\PC Reso.doc
Initial_
WHEREAS, Staff finds that there is a need to amend these sections of the
Land Development Regulations in order to authorize the planning director to
make decisions concerning the approval of administrative variances from certain
provisions of this chapter; and
WHEREAS, Staff finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, Staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the DRC
public meeting of January 15, 2004; and
WHEREAS, this text change was reviewed at the PC public hearing of
January 28, 2004 and APPROVED at the PC public hearing of March 10,2004;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL to the Monroe County Planning
Commission of the following amendments to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department:
I. PROPOSED TEXT CHANGES
strike though text is deleted.
underlined text is new.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
.1. The application shall include but not be limited to the following:
· 4-; An affidavit of ownership of all affected parcels, acreage or land; and
· ~ A Leaally binding restrictive covenant limiting the number of dwelling units
on the acreage tract, running in favor of Monroe County and enforceable by
the county, subject to shall be approved by the approval of tho board of
county oommissioners arowth manaaement director and county attorney and
recorded prior to filing in the office of the clerk of the county. Such oovenant
must be approved by the board prior to the issuance of before any
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Initial
development approval may be issued buildino permit pursuant to an
allocation award.
(a)(4) Acreage tract density reduction:
Additional requirements:
1. The parcel proposed for development must be located in zoning
districts in which density is allocated in residential units per acre.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of the affected parcel, acreage or land;
· A Leoallv binding restrictive covenant limiting the number of
dwelling units on the acreage tract, running in favor of Monroe
County and enforceable by the county, subject to shall be
approved bv the approval of the board of county commissioners
orowth manaoement director and county attorney and recorded
prior to filing in the office of the clerk of the county. Such covenant
must be approved by the board prior to the issuance of before any
development approval may be issued buildino permit pursuant to
an allocation award.
(a)(5) Land dedication:
Additional requirements:
1. "Buildable" means construction of a dwelling unit or some development
could be permitted, as determined by the environment resources
director director of plan nino.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the
county shall be approved bv the, subject to the approval of the board
of county commissioners orowth manaoement director and county
attorney and recorded prior to filing in the office of the clerk of the
county, which conveys the dedicated property to the county. Such
deed must be approved by the board prior to the issuance of before
any development approval buildino permit may be issued pursuant to
an allocation award.
Page 3 of 5
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Initial
Sec. 9.5-124.8 Evaluation criteria
(a)(2) Intensity reduction:
Additional requirements:
A legally binding restrictive covenant running in favor of Monroe County
that limits the floor area ratio of the property to a maximum of twenty three
percent (23%) for a period of ten (10) years shall be approved by the
Board of County Commissioners growth management director and county
attorney and recorded prior to the issuance of any building permit
pursuant to an allocation award.
(a)(3) Land dedication:
Additional requirements:
1. "Buildable" shall mean construction of a dwelling unit or non-residential
development, as determined by the planning director.
2. The application shall include but not be limited to the following:
. An affidavit of ownership of all affected lots, parcels, acreage or land;
. A statutory warranty deed that conveys the dedicated property to the county
shall be approved bv the, subject to the approval of the board of county
oommissioners growth management director and county attorney and
recorded prior to filing in the office of the clerk of the county, which conveys
the dedic::lted property to the oounty. Such deed must be 3ppro'Jed by the
board prior to the issuance of before any development 3pproval building
permit m3Y be issued pursuant to an allocation award.
Sec. 9.5-266. Affordable and employee housing; administration.
(b) Administration and compliance:
(7) The restrictive covenants for affordable and emplovee housing
required under this section shall be approved bv the growth
management director and county attorney prior to the recording of
the covenant and issuance of any building permit.
Page 4 of 5
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Initial
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 10TH day of March, 2004.
Lynn C. Mapes, Chair
David C. Ritz, Vice Chair
Jiulio Margalli, Commissioner
Denise Werling, Commissioner
James D. Cameron, Commissioner
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn C. Mapes, Chair
Signed this
day of
,2004.
Page 5 of 5
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Initial
Development Review
Committee Resolution
#D7-04
Signed and Dated
February 26,2004
.
.
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION #D4-G4
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE
COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE
MONROE COUNTY PLANNING DEPARTMENT TO AMEND SEC. 9.5-
122.3; SEC.9.S-124.8; SEC. 9.5-266 OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS IN ORDER TO GRANT AUTHORITY
TO GROWTH MANAGEMENT STAFF TO APPROVE RESTRICTIVE
COVENANTS AND WARRANTY DEEDS UNDER ROGO/NROGO AND
AFFORDABLE HOUSING AND PROHIBIT THE AWARD OF POINTS
FOR AGGREGRATION IN SPECIFIC AREAS.
WHEREAS, presently, all restrictive covenants for Affordable Housing,
warranty deeds for land dedication, restrictive covenants permitting only single-
family dwellings. on a parcel of land, or, in a few cases, the removal of these
restrictive covenants require approval by the board of county commissioners
before any development may receive a building permit; and
WHEREAS, in 2003, there were between 75 to 80 such agreements; and
WHEREAS, all were legally advertised for BOCC regular meetings, and all
were formally presented to the commission for approval as Bulk Items; and
WHEREAS, after approval, each agreement is recorded in the office of the
county derk; and
WHEREAS, the commission has approved all of these agreements; none
have ever been disapproved; and
WHEREAS, this process has existed since the inception of ROGO; and
WHEREAS, each of these agreements requires that growth management
staff schedules and prepares newspaper advertisements, prepares Briefing
Sheets, etc; and
WHEREAS, the formality of this process is unnecessarily time-consuming
for the applicant, for staff and for the commission; and
Page 1 of 5
Initial~
ORe RESO 04-04
.
.
WHEREAS, it is proposed that each of these actions be approved by the
growth management director and the county attorney, and then recorded in the
office of the county clerk; and
WHEREAS, Staff finds that there is a need to amend these sections of the
Land Development Regulations in order to authorize the planning director to
make decisions concerning the approval of administrative variances from certain
provisions of this chapter; and
WHEREAS, Staff finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, Staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the ORC
public meeting of January 15, 2004;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
I. PROPOSED TEXT CHANGES
strike though tm<< is deleted.
underiined text is new.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
1. Points will not be awarded for lot aaareaation within those areas
proposed for aCQuisition bv aovemmental aaencies for the purpose of
resource protection.
2. The application shall include but not be limited to the following:
· .:t, An affidavit of ownership of all affected parcels, acreage or land; and
ORe RESO 04-04
Page 2 of 5
Initial~
.
.
· 6 A leaaJly binding restrictive covenant limiting the number of dwelling units
on the acreage tract, running in favor of Monroe County and enforceable by
the county, subject to shall be approved bv the approval of the board of
county commissioners arowth manaaement director and county attorney and
recorded prior to filing in the office of the clerk of the county. Such cO'Jenant
must be approved by the board prior to the issuance of before any
development approval may be iswed buildina permit pursuant to an
allocation award.
(a) ( 4) Acreage tract density reduction:
Additional requirements:
1. The parcel proposed for development must be located in zoning
districts in which density is allocated in residential units per acre.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of the affected parcel, acreage or land;
· A-LeaallY binding restrictive covenant limiting the number of
dwelling units on the acreage tract, running in favor of Monroe
County and enforceable by the county, subject to shall be
approved by the appro'..'al of the board of county commissioners
arowth manaoement director and county attorney and recorded
prior to filing in the office of the clerk of the county. Such covenant
must be 3pproved by the board prior to the issuance of before any
development approval may be issued buildina permit pursuant to
an allocation award.
(a){5) Land dedication:
Additional requirements:
1 . "Buildable" means construction of a dwelling unit or some development
could be permitted, as determined by the environment resources
director director of plannina.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the
county shall be approved by thet subject to the approval of the beafd
of county commissioners arowth manaaement director and county
attorney and recorded prior to filing in the office of the clerk of the
ORe RESO 04-04
Page 3 of 5
Initial~
.
.
county, ymich conveys the dedicoted property to the cOl:Jnty. Such
deed must be approved by the board prior to the issuance of before
any development :::lpproval buildinQ permit m:::lY be issued pursuant to
an allocation award.
Sec. 9.5-124.8 Evaluation criteria
(a)(2) Intensity reduction:
Additional requirements:
A legally binding restrictive covenant running in favor of Monroe County
that limits the floor area ratio of the property to a maximum of twenty three
percent (23%) for a period of ten (10) years shall be approved by the
Board of County Commissioners orowth manaoement director and county
attorney and recorded prior to the issuance of any building permit
pursuant to an allocation award.
(a)(3) Land dedication:
Additional requirements:
1. "Buildable" shall mean construction of a dwelling unit or non-residential
development, as determined by the planning director.
2. The application shall indude but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the county
shall be aporoved by the, subject to the npproval of the board of county
commiE&ioners orowth manaoement director and county attorney and
recorded prior to filing in the office of the clerk of the county, .....~hich cORveys
the dedicnted property to the county. Such deed must be 3pprO'Jed by the
board prior to the issuance of before any development approval buildino
permit may be issued pursuant to an allocation award.
Sec. 9.5-266. Affordable and employee housing; administration.
(b) Administration and compliance:
(7) The restrictive covenants for affordable and employee housing
reouired under this section shall be approved by the arowth
manaaement director and county attorney prior to the recordino of
the covenant and issuance of any buildino permit.
DRC RESO 04-04
Page 4 of 5
Initial~
.
.
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 15th day of January, 2004.
Fred Gross, Director, Lower Keys Planning Team (Chair) YES
Aref Joulani, Development Review and Design Senior Administrator YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
~~Chair
Signed this 24th day of February, 2004
By
ORe RESO 04-04
Page 5 of 5
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