Item U2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 20, 2002
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: Public hearing to approve an ordinance to clarify public records by
rescinding Section 2, amendment to Policy 101.5.4(5), contained within Ordinance No. 010-1999,
which amended the residential permit allocation provisions of the Monroe County Year 2010
Comprehensive Plan.
ITEM BACKGROUND: Ordinance No. 010-1999 amended several Comprehensive Plan Policies
relating to provisions of the residential permit allocation system. The Department of Community
Affairs subsequently issued a notice of intent to find Section 2 of the ordinance, amended Policy
101.5.4(5) which allowed dedication of wetlands for conservation or resource protection, not in
compliance, contending that the property dedication provisions should not include unbuildable lands.
Although the County chose not to implement the contested amendment, an Administrative Hearing was
scheduled regarding the issue. This ordinance rescinds the amendment to Policy 101.5.4(5), and will
remove the item from the pending cases for Administrative Hearing.
PREVIOUS REVELANT BOCC ACTION: On February 10, 1999 the Board passed Ordinance No.
010-1999 which includes the amendment to Policy 101.5.4(5) to be rescinded by this action.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
None
BUDGETED: Yes
Nol
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH N/A
Year N/A
APPROVED BY: County Atty ---L. OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION:
Included ---L.
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
~
Revised 2/27/01
ORDINANCE No.
AN ORDINANCE TO CLARIFY PUBLIC RECORDS BY
RESCINDING SECTION 2, AMENDMENT TO POLICY 101.5.4(5),
OF ORDINANCE NO. 010-1999, WHICH AMENDED THE
RESIDENTIAL PERMIT ALLOCATION PROVISIONS OF THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 1999, the Board of County Commissioners
adopted Ordinance No. 010-1999 amending Comprehensive Plan Policies
101.2.4, 101.5.4(5), 101.5.4(12), 101.5.4(13) regarding provisions of the
residential permit allocation system; and
WHEREAS, in a letter dated April 22, 1999, the Florida Department of
Community Affairs issued a Statement of Intent and Notice of Intent to find
Policy 101.5.4(5) of that ordinance Not In Compliance with the requirements of
Chapter 163, Part II, Florida Statutes; and
WHEREAS, Monroe County chose not to implement the adopted policy
but took no formal action to remove the policy from the public records; and
NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. The amendment to Policy 101.5.4(5) of the Policy Document of the
Monroe County Year 2010 Comprehensive Plan contained in Section 2 of
Ordinance No. 010-1999 is hereby rescinded.
Section 2. If any section, subsection, sentence, clause or provlSlon of this
ordinance is held invalid, the remainder of this ordinance 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.
Page I of2
Section 4. Upon adoption of this ordinance to rescind the amendment to Policy
101.5.4(5), the appropriate documents will be forwarded to the Department of
Community Affairs so that the Administrative Hearing Officer can remove the
item from pending cases to review.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on the _ day
of ,20_"
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MA YOR/CHAIRMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Page2of2
" "-, , , , I '.....L.. , ~ "/' Planning
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AN ORDINANCE AMENDING THE RESIDENTIAL PERMIT
ALLOCATION SYSTEM PROVISIONS OF THE MONROE S 0 :8 ~
COUNTY YEAR 2010 COMPREHENSIVE PLAN, 55,,;; X f;;
INCLUDING POLICY 101.2.4 ON THE TWENTY PERCENT ~~~ ~ 0
SET-ASIDE AFFORDABLE HOUSING ALLOCATIONS; g~: ' d
THE POINT CRITERIA RELATED TO LAND DEDICATION, ~::oo ~ :::0
ENERGY CONSERVATION AND STRUCTURAL ~~;; :x ~
INTEGRITY PORTIONS OF POLICY 101.5.4; AND;J' ~ ~ g
ESTABLISHING AN EFFECTIVE DATE. ~ IT1 W ~
WHEREAS, the Rate of Growth Ordinance, known as ROGO, which implements
a Residential Dwelling Unit Allocation System, has been effective since July 13, 1992;
and
WHEREAS, over five years of experience with ROGO has illuminated areas for
improvement, clarification and increasing effectiveness; and
,
WHEREAS, the Board of County Commissioners adopted the Monroe County
Year 2010 Comprehensive Plan on April 15, 1993 and it became fully effective on July
17,1997;and
WHEREAS, Policy 101.5.4 of the Monroe County Year 2010 Comprehensive
Plan outlines the components of the Residential Permit Allocation System; and
WHEREAS, the Monroe County Planning Commission, sitting as the local
planning agency, after due notice and public participation, has reviewed the proposed
changes to Policies 101.2.4 and 101.5.4 of the Monroe County Year 2010
Comprehensive Plan and recommends approval; and
WHEREAS, the Board of County Commissioners on February 11, 1998, held a
"transmittal hearing" to consider proposed amendments to Policies 101.2.4 and 101.5.4
of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Board of County Commissioners approved the transmittal of the
amendments to the Department of Community Affairs for its consideration; and
WHEREAS, the DCA reviewed the amendment and raised objectior.s in its
Objections, Recommendations and Comments (ORC) report; and
WHEREAS, the Planning Department has revised the proposed language in
response to DCA's objections and continues to recommend approval of the
amendment; and
ROGO Comp Plan Amendment
Page 1 of 5
~AJ1
Planning
WHEREAS, on January 13, 1999, the Board of County Commissioners, after
due notice and public participation in the public hearing process, conducted a public
"adoption hearing" to consider adopting the proposed amendment in light of DCA's
ORC report; and
WHEREAS, the County desires to encourage land dedication for environmental
conservation and protection and to offer land owners a better return on down-zoned
land; and
WHEREAS, the County has adopted the most recent American Society of Civil
Engineers Standards which specifies a 150 miles per hour minimum peak wind speed
design standard, which makes the current Structural Integrity point criteria in the
Residential Permit Allocation System meaningless; and
WHEREAS, there are changes to the Energy Efficiency Code for Building
Construction which eliminate the Energy Performance Index; and
WHEREAS, there are inherent problems with the use of wind-driven generators
in the Florida Keys, such as height, noise, and aesthetic concerns; and
WHEREAS, greater specificity in the point criteria for Energy Conservation
regarding photovoltaic and solar energy production systems and the use of heat
recovery units will increase the effectiveness of energy conservation measures; and
WHEREAS, despite the critical need for affordable housing in the unincorporated
County, set-aside affordable dwelling unit allocations have been underused historically
and lost to market-rate housing; and
WHEREAS, because of the lack of competition in the set-aside affordable
allocation pool, it has at tj~nes beea targeted by applicants seeking to build in
environmentally sensitive areas where competition in the market-rate pool would have
otherwise precluded development; and
WHEREAS, the Land Development Regulations are being amended in order to
implement the Monroe County Year 2010 Comprehensive Plan, including the changes
proposed in this amendment, in a manner consistent with all applicable requirements of
Chapters 163 and 380 of the Florida Statutes, including the "Principles For Guiding
Development"; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
ROGO Comp Plan Amendment
Page 2 of 5
Planning
Section 1. Policy 101.2.4 shall be amended as follows:
Policy 101.2.4
Monroe County shall allocate 20 percent of residential (non-transient) growth to
affordable housing units as part of the Permit Allocation System. Any portion of
the 20 percent allocation not used for affordable housing shall be retained and
be made available for affordable housing from ROGO year to ROGO year.:.
Affordable housing eligible for this separate allocation must meet the criteria
specified in Policy 601.1.7. The parcel proposed for development shall not be
located in an acquisition area and shall not qualify for negative points according
to the criteria specified under Habitat Protection and Threatened or Endangered
Animal Species in Policy 101.5.4; however, properties designated Residential
High shall be exempted from this prohibition.
Section 2. Policy 101.5.4(5) shall be amended as follows:
Policy 101.5.4(5) Land Dedication _
Points shall be assigned to Allocation Applications for proposed dwelling units
which include a voluntary dedication to Monroe County of vacant land or
wetlands within areas proposed for acquisition by governmental agencies for
purposes of conservation or resource protection. Under this category, the
portion of land which earns points based on density shall not also earn points
based on acreage, and vice versa.
Weighting Category
moderate positive
Criteria
Moderate points shall be assigned for each unit of allocated
density associated with the dedication to Monroe County of
vacant buildable land which is located in areas proposed for
acquisition by governmental agencies for purposes of
conservation or resource protection.
minor positive
Minor positive points shall be assigned for each acre
of dedicated vacant land which contains any of
the habitats listed in the Environmental Design Criteria of
the Land Development Regulations under "Clustering," and
is located in an area proposed for acquisition by
governmental agencies for purposes of conservation or
resource protection.
Section 3. Policy 101.5.4(12) is to be amended as follows:
Policy 101.5.4(12) Energy Conservation-
Points shall be assigned to Allocation Applications for proposed dwelling units
which include energy conservation measures. Points shall not be awarded for
ROGO Comp Plan Amendment
Page 3 of 5
Planning
these criteria in areas not served by the Florida Keys Electric Cooperative or the
City Electric System.
Weighting Category
minor positive
Criteria
HV AC unit has an Energy Efficiency Rating of 12 or
better.
minor positive
For anyone or more of the following:
Dwelling unit has solar hot water panel(s) with a
minimum energy production of 14 kwh/day, Dwelling
unit has photovoltaic system on a conventional grid,
which generates a minimum of 14 kwh/day and/or
Dwelling unit has heat recovery unites) which provides
supplemental heating of domestic hot water.
moderate positive
Dwelling unit has a photovoltaic system. sized as
above. in conjunction with the total elimination of the
conventional grid system.
Section 4. Policy 101.5.4(13) shall be amended as follows:
Policy 101.5.4(13) Structural Integrity of Construction
Weighting Category
minor positive
Criteria
Application exceeds the minimum flood elevation required
by the floodplain management standards section of the
Monroe County Land Development Regulations by thirteen
inches or more.
minor positive
Dwelling unit meets a peak wind load of .160 mph
or greater, as certified by a qualified engineer/architect.
minor positive
Additional point(s) shall be given to dwelling units meeting
a peak wind load of 175 mph or greater, as
certified by a qualified engineer/architect.
Section 5. The existing Monroe County Year 2010 Comprehensive Plan Policies
101.2.4 and 101.5.4 shall be replaced with the language as stated above under
Sections 1 through 4.
ROGO Comp Plan Amendment
Page 4 of 5
Planning
Section 6. The provisions of this ordinance shall be included and incorporated in the
Policy Document of the Monroe County Year 2010 Comprehensive Plan as an addition
or amendment thereto.
Section 7. If any section, subsection, sentence, clause or provision of this Ordinance
is held invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 9. This ordinance is hereby transmitted to the state land planning agency for
approval or disapproval pursuant to Section 380.0552, Florida Statutes.
Section 10. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but the effective date of this plan amendment shall be the date a notice
is issued by the Department of Community Affairs or Administration Commission finding
the amendment in compliance in accordance with Section 163.3184, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of the Board held on the lOthdayof February ,A.D.,
1999.
Mayor Wilhemina Harvey yes
Mayor Pro Tem Shirley Freeman yes
Commissioner George Neugent yes
Commissioner Mary Kay Reich ye s
Commissioner Nora Williams yes
,
,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. - ~ ~..~
BY: \.1" t.~Jo' ~_. '",,-- .........
MA YOR/CHAIRPERSON
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
-"Bn-~~.~" ~
DEPUTY R
ROGO Comp Plan Amendment
Page 5of5
BY