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Resolution 268-2002 RESOLUTION NO.268 - 2002 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABITABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND ATTACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFERS OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. WHEREAS, the Monroe County Board of County Commissioners held a public hearing on June 19, 2002, for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, a proposed amendment to Policy 101.5.4-19 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested amendment to Policy 101.5.4-19 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the draft ordinance for the adoption of the proposed amendment to Policy 101.5.4-19 of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of 9J -11.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. Page I of2 Initials \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Transmita1.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th day of June 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Humberto "Bert" Jimenez yes yes yelii yes yes BOARD OF COUNTY COMMISSIONERS OF MONROE CffffTY, FLORIDA '.~ iJ": " ~ 7' \ BY Mayor Charles "Sonny" McCoy 0_.. \>:,~':... \ ,,' ;.... ( \-, {~:~~, '-.j; ,') ~'. f ji (S}t1\l1);rt ;f! "':"'\-:" _, \/:.~~~< ~ .::i)> :~:j! r'AT~ANNY L. KOLHAGE, CLERK < . - -.."" :.,1';;;::~ ,., J, /? -. _.~ ~ ~~ CJ ~ <::> <:...> 4.J Q: ~ ti: EJ -.J - ..... co C"') 4J oq: ~ ;Z :r:1-::>,.: --J U i.:::> .1- ~~~ .-i U C :>-~u ::1:-.J4J eUC ~~ ~ " ...::r ~ C"') , 5 ..., ~ ~ Page 2 of2 Initials \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal TransmitaI.doc ORDINANCE NO. -2002 AN ORDINANCE REPEALING POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSNE PLAN; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTNE DATE. WHEREAS, Policy 101.5.4-19 of the Year 2010 Comprehensive Plan currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and 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 Year 2010 Comprehensive Plan 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 the Year 2010 Comprehensive Plan; WHEREAS, during a regularly scheduled meeting held on April 17, 2002, the Board of County Commissioners passed Resolution 173-2002 directing the Growth Management division Page 1 of 5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc to continue to defer the award of modest housing ROGO points until December 31, 2002 and to draft language that will repeal the modest housing criteria from the Year 2010 Comprehensive Plan; and WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planrling and Environmental Resources Department to Policy 101.5.4-19 of the Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee passed Resolution No. D08-02 recommending approval of the proposed text amendment; and WHEREAS, during a regular meeting held on May 29, 2002, the Monroe County Planrling Commission conducted a public hearing on the proposed text and passed Resolution No. P36-02 recommending approval ofthe proposed text amendment; and WHEREAS, The Monroe County Board of County Commissioners were presented with the following information, which by reference is hereby incorporated as part of the record of said hearing: 1. The Staff Report prepared on May 14, 2002; by K. Marlene Conaway, Director, Planrling and Environmental Resources, 2. Proposed changes to the Monroe County Code, 3. The sworn testimony of the Growth Management Staff, 4. Comments by the public; WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendments to Policy 101.5.4-19 of the Year 2010 Comprehensive Plan submitted by the Monroe County Planrling Department at a public hearing on June 19th, 2002; and WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact based on the evidence presented: 1. The intent of the modest housing point criteria was to encourage the development of housing that had characteristics that make them more reasonably priced, and 2. Insufficient definitions of what characteristics qualify a house as 'modest' and insufficient guidance in the point criteria do not assure that a house receiving modest housing points will be moderately priced, and 3. Individuals who had applied for a residential building allocation before the modest housing criteria was adopted and might have received an allocation because of points accrued through years in the system, are no longer competitive and may not receive a allocation, and Page 2 of 5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc 4. As a result of the public workshops and a review of the regulations, the Planning Commission has recommended that the point criteria for modest housing be removed from both the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations, and 5. At their regular meeting on April 17th 2002, the Board of County Commissioners passed Resolution No. 173-2002 which extends the moratorium on the award of modest housing points and directed staff to remove the modest housing point criteria from the Year 2010 Plan and the Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following Conclusions of Law based on the evidence presented: 1. The intent of the 'modest housing' criteria was to encourage the development of houses with 'modest' characteristics that result in moderately priced housing, and 2. The point criteria has not resulted in encouraging moderately priced housing and artificially inflated the score needed to obtain a ROGO allocation, and 3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the modest housing criteria are not consistent with the other goals, objectives, and policies set forth in the plan and therefore should be removed from Policy 101.5.4 of the Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the Monroe 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. Policy 101.5.4 -19 of the Monroe County Year 2010 Comprehensive Plan is hereby repealed as followed (repealed language shown with strike-through): Policy 101.5.4 19. Modest Housing Points shall be assigned to encoMfage the development of residential dwelling units '!/ith characteristics that make them relatively less expensi'/e than similar residential dwelling units that lack these characteristics. Page 3 of5 Initial \\GMD0059\pub$\Planning\ Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc -n. .. n . ..J .4-:.1 ~ ,..., Minor Positive T T. :.. '-' un Criteria i\n application which qaalifies for infill ROGO points ooder Policy 101.5.4 and vA:Hch pr{)f)oses the d6'lelopment of a detaehcd residential dwelling lH'lit that utilizes a ROGO allocation and contains 000 thousand three hl:1fldred (1,300) sqaar-c feet, or less, of habitable space. The parcel ofland pr-oposed for developing a detoohed residential dwelling unit shall not qaalify for negative oo'Monmental points l:1Ilder Policy 101.5.1; hovl6'/er, pr-operties desigFlated Residential High shall be ~(empted fr-om this prohibition. }.fl. affordable ooit is not eligible for these points since a residential dwelling lH'lit that utilizes an affordable ROGO allocation is ak-cady required to contaiN one thousand three huncked (1,300) squar-c feet, or less, of habitable space. Minor Positi'le }..dditional points shall be earned for proposing a . ... ' , . _1' ... Minor Positive ..^...dditional points shall be earned for proposing a detaehed residential dwelliRg 1:lflit on a non <- -4-. .. _1. .:ID ' . ~ ..' . T T. ;.. MiRor Positive ..^ill application whieh qualifies for infill ROGO points under Policy 10 1.5.1 and which proposes the development of an attached d',velliNg l:Hlit that utilizes a ROGO allocation and contaiRs one thousand three hancked (1,300) sql:lare feet, or less, of habitable spaee, The parcel of land proposed for developing an attaehed residential dwelling unit shall not qualify for negative environmental points under Policy 101.5.4; howeyer, properties designated Residential High shall be exempted from this prohibition. ..'\n affordable unit is Rot eligible for these points sinee a residential dv:elling l:Hlit that utilizes an affordable ROGO allocation is already required to eONtain one thousand three hoocked (1,300) square feet, or less, of habitable space. Minor Positive .Additional points shall be earned for proposing an attached residential dwelling unit on a non <- ~. Minor Positive A ' , lit. ' r~ ~.. Page 4 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc attached mooolar residential dwelling lHlit. Minor Positi'/c An application shall earn an additional point for proposing an attached residential dwelling lillit that utilizes a residential traflsfer ofROGO exeIl'l.f)tion (TRE), on a one for one basis (see Policy 101.5.10). 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 transmitted by the Planning Department to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. 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 finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK ~ AN - SUJ?FI NCY B Attorney's Office Page 5 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc