Ordinance 042-2002 ORDINANCE NO. 042 -2002
AN ORDINANCE REPEALING POLICY 101.5.4-19 OF THE YEAR 2010
COMPREHENSIVE 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 EFFECTIVE 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repealed from the Year 2010 Comprehensive Plan;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 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 Planning and
Environmental Resources Department to Policy 101.5.4-19 of the Year 2010 Comprehensive Plan; and
Page 1 of 4 Initial
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 Planning
Commission conducted a public hearing on the proposed text and passed Resolution No. P36-02
recommending approval of the 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 December 2, 2002; by K. Marlene Conaway, Director, Planning 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 Planning Department at a public hearing on June 19th, 2002; and
WHEREAS, a copy of the proposed language change was transmitted to the Department of
Community Affairs for their review on August 23, 2002, and
WHEREAS, the Department of Community Affairs raises no objections to the proposed
amendment as stated in a letter received from the Department on October 28, 2002 which serves as the
Department's Objections, Recommendations and Comments Report; and
WHEREAS, the Monroe County Board of County Commissioners held a second public
hearing on the proposed amendments to Policy 101.5.4-19 of the Year 2010 Comprehensive Plan
submitted by the Monroe County Planning Department at a public hearing on December 18th, 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
Page 2 of 4 Initial
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
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.
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.
Page 3 of 4 Initial
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 fmding 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 18th day of December 2002.
Mayor Dixie Spehar yes
Mayor Pro Tem Murray Nelson yes
Commissioner Charles "Sonny"McCoy yes
Commissioner George Neugent yes
Commissioner David P. Rice yes
BOARD OF COUNTY COMMISSIONERS
co OF MONROE COUNTY,FLORIDA
(5;-' ,g\-\ ,;41.# )29. Liat.hr,L)
:'t BY
ptsr,P *y11 Mayor Dixie Spehar
NAVIES L. KOLHAGE, CLERK
DEP Y CL RK
.OVEL is S FOR
AN LEGAL S�',= ,:lEf
K, t. 1p5Attorney's Office
- rn
rn
CD(-3• -
Q
rri
rr
CI
•
Page 4 of 4 Initial
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ< (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVE~ENTCENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ< (305) 852-7146
January 21,2003
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 7927
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 039-2002 approving the request by the Monroe County Department of
Public Works to amend the Monroe County Future Land Use Map from Residential Medium
(RM) to Public Facility (PF) for property located on U.S. #1 described as Lot 1, Block 23,
Cudjoe Gardens Eighth Addition, Plat Book 7, Page 16, Cudjoe Key, Monroe County, Florida
approximate mile marker 21.
Ordinance No. 040-2002 amending the Monroe County Year 2010 Comprehensive Plan
by amending Policy 101.4.23; providing for the severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Year
2010 Comprehensive Plan; 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 effective date.
Ordinance No. 041-2002 approving a request of the Monroe County Planning Department
to amend the Monroe County Year 2010 Comprehensive Plan by extending the dates of
completion of Objective 212.1, Policy 212.1.1, Policy 212.1.2 related to Shoreline Development;
Object 213.1, Policy 213 .1.1, Policy 213 .1.2, Policy 213.1.4 related to Beach Access; Objective
401.1, Policy 401.1.1 related to mass transit; and Objective 1201.10, Policy 1201.10.1, Policy
1201.10.2 related to recreation and open space.
Ordinance No. 042-2002 repealing Policy 101.5.4-19 of the Year 2010 Comprehensive 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 effective date.
Ordinance No. 043-2002 repealing Section 9.5-122.3(a)(19), Monroe County Code, by
eliminating points for modest housing under ROGO; providing for the severability; providing for
the repeal of all Ordinances inconsistent herewith; providing for the incorporation into the
Monroe Code; 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 effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on December 18, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Co
by:
cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File /
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• • Complete items 1,2,and 3.Also complete A. Signe&P- ACIE PENTON
item 4 if Restricted Delivery is desired. Agent
• Print your name and address on the reverse XJEPARTMENT OF STATdAddress.
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery •
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to:
If YES,enter delivery address below: 0 No
• Mrs. Liz Cloud, Chief
• Bureau of Administrative Code
The Collins Building
• 107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. Service Type
•
' (Ordinances 039-043) =Certified Mail El Express Mail
El Registered ID Return Receipt for Merchandise
• El Insured Mall El C.O.D.
4. Restricted Delivery?(Extra Fee) El Yes
2. Article NurKiber
' (Transfei-fr&'n I t701:12i 21:131:1i Cid 01 2727 11
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540'
U.S. Pos eTM
N CERTIFI i AILTM RECEIPT
Er (Domestic Mail Only;No Insurance Coverage Provided)
• For delivery information visit our website at www.usps.com®
c0 r n
Mrsai; 6i4146dipous.esL83440W5)
RJ Postage MEM
r•R Certified Fee MOM Gre.
Return Reclept Fee ENE
ostmark
I= (Endorsement Required) I ç.J1 —
1:=l Restricted Delivery Fee re2„0:
M (Endorsement Required) 60
tZ1
RJ Total Postage&Fees 11112M141
RJ
I= Sent To
I= Bureau of Administrative Code & Laws
mVellealins Building
or ox
, Suite-1;45
Tal - -
PS Form 3800,June 2002 See Reverse for Instructions
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Intemallmprovement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs
Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Di vision of Cultural Affairs
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
Division of Administrative Services
FLORIDA DEPARTMENT OF STATE
Ken Detzner
Secretary of State
DIVISION OF ELECTIONS
January 29,2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated January 21, 2003 and certified copies of Monroe County
Ordinance Nos. 039-2002 through 043-2002, which were filed in this office on
January 28, 2003.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
r--.:> .,
:t: t;::::l
<:::> -
0 ,-.... r
z ""Tl rr1
~eJ.H rr1 0
,'- CD
rr1::A I .,
eJ' 0
0("';' w
c:-..... ::0
:Z:?Oo :x> :::0
-l ro'
-<("'):::1: ::J: IT1
. ;-l )> ..0 (""')
..., C) 0
r- ..., c..n ::0
)>
0 0
BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.fl.us