Item W2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17. 2002
Division:
Growth Management
Bulk Item: Yes
No ---X-
Department: Planning
AGENDA ITEM WORDING: A public hearing to adopt an Ordinance amending Section 9.5-124.9
(c), Monroe County Code, to correct a clerical oversight in Ordinance #31-2001.
ITEM BACKGROUND: At its September 19, 2001 meeting, the BOCC adopted Ordinance #31-
2001, establishing a non-residential permit allocation system. The draft ordinance in the BOCC agenda
package was supposed to be a revised one containing changes to the Employee Housing Fair Share
Impact Fee approved by the BOCC at an earlier public hearing. These changes were brought to the
BOCC's attention at the September hearing and in the agenda packet. Unfortunately, the draft
ordinance, which was signed by the Mayor and filed with the Clerk, did not contain the changes
approved by the BOCC. The signed ordinance was missing a fee schedule for non-residential floor area
of greater than 3,000 square feet. Therefore, the staff requests that the BOCC formally approve the
amendment.
PREVIOUS RELEVANT BOCC ACTION: On September 19, 2001, the BOCC unanimously
adopted Ordinance #32-2001 (NROGO).
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
N/A
BUDGETED: Yes: N/A No:
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes
No l AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---X- OMB/Purchasing_
,AICP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
x
To Follow_ Not Required_
AGENDAITEM# \N~
DISPOSITION:
Revised 02/27/01
ORDINANCE NO. -02
AN ORDINANCE AMENDING SECTION 9.5-124.9 (c), MONROE
COUNTY CODE; CORRECTING A CLERICAL OVERSIGHT IN
ORDINANCE #31-2001 CONCERNING THE SCHEDULE FOR
AFFORDABLE EMPLOYEE HOUSING FAIR SHARE IMP ACT FEES
IN THE NON-RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR THE INCORPORATION INTO THE MONROE
COUNTY CODE; AND DIRECTING THE CLERK OF THE COURT OF
THE BOARD TO FORWARD A CERTIFIED COPY OF THIS
ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners at it's September 19, 2001 meeting
adopted Ordinance #31-2001 establishing the non-residential permit allocation system; and
WHEREAS, the Monroe County Board of County Commissioners amended the
proposed ordinance at an earlier meeting to increase the Employee Fair Share Impact Fee to $3.00
per square foot for structures containing more than 3,000 square feet; and
WHEREAS, the draft ordinance in the Board's September agenda package and signed
by the Mayor and filed with the Clerk did not contain the changes; and
WHEREAS, it is the desire of the Board that the following amendment to the County
Code be approved, adopted, and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. Section 9.5-124.9(c), Monroe County Code, is amended to read as follows:
(c) Establishment of Fee Schedule: An applicant for any new non-residential floor area,
identified in subsection (b) above, shall pay, prior to the issuance of a building permit,
a fair share employee housing fee as established by the following schedule:
Structures for non-residential uses of one to 2,000 square feet: $1.00 per square foot
Structures for non-residential uses of one to 3,000 square feet: $2.00 per square foot*
Structures for non-residential uses of more than 3,000 square feet: $3.00 per square
foot*
*The fee is calculated on the total new or transferred non-residential floor area subject
to Section 9.5-124.9(b)(2)f. above.
Page 1 of2
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 incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
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 Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor McCoy
(SEAL)
A TrEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
APrOVER- TO FORM
'AN LEG~C7~
BY J7f /'
~/ A' _... '. r-.
Page 2 of2