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Item R3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15.2005 Division: GroWth Management Bulk Item: Yes_ No ~ Department: Pla1llling: and Environmental Resources Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: A public hearing to consider an ordinance to extend the interim moratorium deferring ROGO and NROGO allocations in areas of two acres or greater containing tropical hardwood hammock or pinelands within any conservation and natural area (CNA) as established by Ordinance 018-2004 until land development regulations and comprehensive plan amendments implementing the work program mandated by Rule 28-20.100 F.A.C. are drafted and adopted by the County Commission and providing for expiration within six months of the date of adoption of this ordinance by the Board of County Commissioners, whichever first occurs. (First of one public hearing) ITEM BACKGROUND: On June 16, 2004, the Board of County Commissioners adopted Ordinance No. 018-2004. Section 19 of Ordinance No. 18-2004 provides that the ordinance shall stand repealed as of 11 :59 p.m. on the 365th day after the adoption of same, unless repealed sooner or extended pursuant to direction of the Board of County Commission, to provide sufficient time to complete associated text and map amendments and other supporting studies to effectuate the provisions of Goal 105 and Rule 28-20.100 F .A.C. The 365th day after the adoption of Ordinance No. 018-2004 is June 16,2005, which means the interim moratorium will expire prior to effectuating the provisions of Goal 105 and Rule 28-20.100. F.A.C. Section 4 of Ordinance No. 18-2004 provides for a maximum extension period of six months, upon the recommendation of the Planning Commission. This extension of the interim moratorium will be before the Planning Commission for a recommendation on June 8, 2005. PREVIOUS REVEL ANT BOCC ACTION: On June 16, 2004, the Board of County Commissioners adopted Ordinance No. 018-2004. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N! A COST TO COUNTY: NiA BUDGETED: Yes _No..}JiA. SOURCE O}'FUNDS: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year APPROVKI) BY: County Attorney L DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included-K- DISPOSITION: AGENDA ITEM # INTERIl\1 DEVELOPMENT ORDINANCE AN ORDINANCE TO EXTEND AN INTERIM MORATORIUM DEFERRING ROGO AND NROGO ALLOCATIONS IN AREAS O}l' T\VO ACRES OR GREATER CONT AINING TROPICAL HARDWOOD HAMMOCK OR PINELANDS \VITHIN ANY CONSERVATION AND NA TURAL AREA AS ESTABLISHED BY ORDINANCE 018-2004 UNTIL LAND DEVELOPMENT REGULA TIONS AND COMPREHENSIVE PLAN AMENDMENTS IMPLEMENTING THE WORK PROGRAM MANDA TED BY RULE 28-20.100 }I'.A.C. ARE DRAFTED AND ADOPTED BY THE COUNTY COMMISSION, AND PROVIDING FOR EXPIRA TION WITHIN SIX MONTHS OF THE DATE OF ADOPTION OF THIS ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS, WHICHEVER FIRST OCCURS. RECOMl\1ENDA TIONS pc: To Be Determined June 8, 2005 Resolution #P -05 DRAFT BOCC ORDINANCE INTERIM DEVELOPMENT ORDINANCE EXTENSION OF AN INTERIM lVIORA TORIUM DEFERRING ROGO AND NROGO ALLOCATIONS IN AREAS OF T\VO ACRES OR GREATER CONTAINING TROPICAL HARDWOOD HAMMOCK OR PINELANDS WITHIN ANY CONSERVATION AND NATURAL AREA AS ESTABLISHED BY ORDINANCE 018-2004. BOARD OF COUNTY COMMISSIONERS MARATHON J one 15, 2005 ORDINANCE NO. -2005 AN ORDINANCE TO EXTEND AN INTERIM MORATORIUM DEFERRING ROGO AND NROGO ALLOCATIONS IN AREAS OF TWO ACRES OR GREATER CONT AINING TROPICAL HARDWOOD HA~IMOCK OR PINELANDS WITHIN ANY CONSERVATION AND NA TURAL AREA AS EST ABLISHED BY ORDINANCE 018-2004 UNTIL LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN AMENDMENTS IMPLEl\-IENTING THE \VORK PROGRAM MANDA TED BY RULE 28-20.100 F.A.C. ARE DRAFTED AND ADOPTED BY THE COUNTY COMMISSION, AND PROVIDING FOR EXPIRA TION WITHIN SIX MONTHS OF THE DATE OF ADOPTION OF THIS ORDINANCE BY THE BOARD OF COUNTY COl\rlMISSIONERS, WHICHEVER FIRST OCCURS. WHEREAS, on June 16, 2004 the Board of County Commissioners adopted Ordinance No. 018- 2004 deferring ROGO and NROGO allocations in areas of two acres or greater containing tropical hardwood hammock or pinelands within any conservation and natural area until land development regulations and comprehensive plan amendments implementing the "Work Program" as set forth in Goal 105, "Smart Growth," as adopted by the Board of County Commissioners in the 2010 Comprehensive Plan; and WHEREAS, Sectlon 19 of Ordinance No. 018-2004 provides that the ordinance shall stand repealed as of 11:59 p.m. on the 365th day after the adoption of Ordinance No. 018-2004, unless repealed sooner or extended pursuant to direction of the Board of County Commission, to provide sufficient time to complete associated text and map amendments and other supporting studies to effectuate the provisions of Goal 105 and Rule 28-20.100; and WHEREAS, Section 4 of Ordinance No. 018-2004 provides that the ordinance may be extended for a maximum extension period of six months from the 36Slh day after the date of adoption; and WHEREAS, the 36Slh day after the adoption of Ordinance No. 018-2004 is June 16, 200S; and WHEREAS, if the interim moratorium is not extended, the interim moratorium will expire prior to effectuating the provisions of Goal 105 and Rule 28-20.100 F.A.C. WHEREAS, staff, in cooperation with the Planning Commission in accordance with F.S. 163.3174 has diligently pursued the tasks, including map and text amendments associated with the creation of the "Tier System" as set forth in Exhibit One of Resolution 39-2004, "Cooperative Agreement between DCA and Monroe County to Address Significant Work Program Issues;" and WHEREAS, the public hearing process associated with the introduction of voluminous materials included in the Tier System package, including extensive text and map amendments, has required four separate public hearings by the Planning Commission and, up to as of June 14, 2005. seven public hearings by the Board of County Commissioners; and ~WHEREAS, it will be at least several months before these amendments to the land development regulations and comprehensive plan will be adopted, extending past the time for expiration of the interim moratorium on ROGO/NROGO allocation awards in areas containing tropical hardwood hammock or pine lands two acres or greater in size within conservation and natural areas; and WHEREAS, given the scope of the issues and areas to be addressed by Goal lOS of the 2010 Comprehensive Plan, the six month extension is necessary and reasonable in order to complete a fair and comprehensive planning and public participation process that results m legally and scientifically based policies and regulations. NO'W, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The provisions set forth in Ordinance No. 018-2004 defening ROGO and NROGO allocations in areas of two acres or greater containing tropical hardwood hammock or pinelands within any conservation and natural area until land development regulations and comprehensive plan amendments effectuating the provisions of Goal 105 and implementing the work program mandated by Rule 28-20.100, F.A.c. are adopted, shall remain in full force and in effect for an additional six month period of time. Section 2. If any sentence, clause, item, change or provision of this section, subsection, or ordinance is held invalid, the remainder shall not be affected by such invalidity. 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 the State of Florida. Section 5. This Ordinance shall stand repealed as of 11:59 p.m. on the last day of the six month period following the date of adoption of this Ordinance by the Board of County Commissioners, unless repealed sooner upon the adoption by the Board of County Commissioners and approval by the Florida Department of Community Affairs of land development regulations and comprehensive plan amendments implementing the work program mandated by Rule 28-20.100 F.A.C. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of June, 2005. Mayor Dixie Spehar Mayor Pro Tem Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk