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.
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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
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CffffTY, FLORIDA
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BY
Mayor Charles "Sonny" McCoy
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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
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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
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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.
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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
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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
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Minor Positive A ' , lit. ' r~
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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
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AN - SUJ?FI NCY
B
Attorney's Office
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