Item U4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 20,2002
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning
AGENDA ITEM WORDING: A public hearing for the approval of an Ordinance amending Section
9.5-266 (6)c and d, and (8)a ofthe Monroe County Code ,due to a scrivener's error.
ITEM BACKGROUND: At its January 17,2002 meeting, the BOCC adopted Ordinance #003-2002,
with a request that Section 9 .5-266(b)(1) be amended to extend the length of time that the Restrictive
Covenant(s) shall be effective, from 30 to 50 years. Unfortunately when the amended Ordinance was
signed and filed with the Clerk, the staff found that other areas of the text had to be revised to reflect
the change from 30 to 50 years.
PREVIOUS RELEVANT BOCC ACTION: On January 17,2002, the BOCC unanimously adopted
Ordinance #003-2002.
CONTRACT/AGREEMENT CHANGES: None
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes: N/ A No:
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Arty --L OMB/Purchasing _ Ri
DOCUMENT A TION:
Included
DIVISION DIRECTOR APPROVAL:
X
To Follow
Not Required_
AGENDAITEM#~
DISPOSITION:
Revised 02/27/01
--i~
ORDINANCE NO. -2002
AN ORDINANCE AMENDING THE MONROE
COUNTY CODE SECTIONS 9.5-266 (6)c, d AND
(8)a PROVIDING FOR THE SEVERIBILITY;
PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO
THE MONROE COUNTY 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
WHEREAS, Monroe County is a geographically unique and impacted area that is
dependent on bridges and causeways for connection to the mainland and is subject to growth
restrictions relating to hurricane evacuation requirements; and
WHEREAS, there are few areas appropriately zoned to accommodate moderate to high
density housing developments; and
WHEREAS, the Board of County Commissioners in March 2001 approved conceptually
a 20 Year Plan, proposed by Commissioner Williams to implement a long range "end-game"
approach to land acquisition, build out and affordable housing in Monroe County; and
WHEREAS, The Monroe County Growth Management Division staff prepared a
response to the Board of County Commissioners on June 19, 2001 recommending, among other
things, that affordable housing be an allowable use in the Suburban Commercial zoning district
and to allow a mix of market rate and affordable housing units; and
WHEREAS, during regular meetings held on October 10, October 23, and November 7,
2001, the Monroe County Planning Commission conducted a public hearing on the proposed text,
and recommended approval of the proposed text; and
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendments to the Monroe County Code at a public hearing on January 17,2002; and
WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
#003-2002 with an amendment to Section 9.5-266 (b) (1) increasing to fifty (50) years the
erTective time for the restrictive covenant for employee or affordable housing; and
WHEREAS, other sections of the text were not revised at the hearing to reflect the
change adopted by Board and need to be now revised to reflect the legislative intent of the Board;
and
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Employee Housing
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendment to the 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.
Revise sec. 9.5-266 to read as follows:
(6)
a. The use of the affordable or employee housing dwelling unit is restricted for a period
of at least fifty (50) years to households that meet the requirements of paragraph (6)
a. or(6)b. above; and
b, The size of the affordable or employee housing dwelling unit is limited by a
condition to be placed on the development permit which restricts the habitable space
of the unit to a maximum of one thousand three hundred (1,300) square feet for a
period of at least fifty (50) years; and
(8)
a. The use of the market rate housing dwelling unit is restricted for a period of at least
fifty (50) years to households that derive at least seventy (70) percent of their
household income from gainful employment in Monroe County; and
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 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 approving the ordinance,
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
Section 6. The Director of Growth Management is hereby directed to forward a
copy of this ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2002.
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, FLORlDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
A TTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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