Item U3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 16. 2003
Division: Growth Management
Bulk Item: Yes
NoK-
Department: Planning Department
AGENDA ITEM WORDING: A public hearing to adopt an ordinance by amending Sec. 9.5-4 (A-5)
of the Monroe County Land Development Regulations amending the time restriction for the
maintenance of affordable housing from twenty (20) years to fifty (50) years in order to correct a
Scrivener's error in Ordinance No. 003-2002.
ITEM BACKGROUND: The Planning Department is proposing to revise Sec. 9.5-4 (A-5) of the
Monroe County Land Development Regulations amending the time restriction for the maintenance of
affordable housing from twenty (20) years to fifty (50) years in order to correct a Scrivener's error in
Ordinance #003-2002 [May 15, 2002]. The proposal was heard and approved on March 3, 2003 at a
regular meeting of the Development Review Committee. The proposal was heard and approved by the
Planning Commission on March 12,2003. Only one public hearing is required for this item.
PREVIOUS RELEVANT BOCC ACTION: Ordinance #003-2002 [May 15, 2002]
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/ A No
AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty X
OMB/Purchasing Risk Management _
~arry'A1CP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included ~
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #~
Revised 1/03
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
Board of County Commissioners
Harvey Government Center
April 16, 2003
PROPOSED AMENDMENT TO MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
A request filed by the Monroe County Planning Commission to amend the
Monroe County Land Development Regulations by amending Sec. 9.5-4 (A-5)
amending the time restriction for affordable housing from twenty (20) years to fifty
(50) years in order to correct a Scrivener's error in Ordinance No. 003-2002.
Land Development Regulations text amendment
Staff
Approval
February 5, 2003
March 3, 2003
Staff Report
DRC
Approval
Resolution #007-03
PC
Approval
March 12, 2003
Resolution #P15-03
BOCC STAFF REPORT
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Fred Gross, Director of Lower Keys Planning Team
DATE:
April 8, 2003
SUBJECT: Amendment to LDR's affordable housing restrictions.
I. Background:
The Planning Department is proposing to revise Sec. 9.5-4 (A-5) of the
Monroe County Land Development Regulations amending the time
restriction for the maintenance of affordable housing from twenty (20)
years to fifty (50) years in order to correct a Scrivener's error in
Ordinance #003-2002 [May 15, 2002]. The proposal was heard and
approved on March 3, 2003 at a regular meeting of the Development
Review Committee. The proposal was heard and approved by the
Planning Commission on March 12, 2003. Only one public hearing is
required for this item.
II ANALYSIS &. FINDINGS OF FACT
1. The Commission finds that there is a need to make the change
outlined above.
2. The Commission finds that the proposed change is consistent with
Section 9.5-511(d)(5)b.(iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness.
3. The Commission finds that the proposed changes are consistent
with the goals of the MC Year 2010 Comprehensive Plan.
III. PROPOSED TEXT
· Sec. 9.5-4. Definitions shall be amended as follows:
(A-5) Affordable housing refers to residential dwelling units that
meet the following requirements: (Ord. No. 47-1999, 9 2)
* Contain less than or equal to one thousand three hundred
(1,300) square feet of habitable space; and
* Meet all applicable requirements of the United States
Department of Housing and Urban Development minimum
property standards as to room sizes, fixtures, landscaping and
building materials, when not in conflict with applicable laws of
Monroe County; and
* Restricted for a twcnty YCJr fifty (50) year period to use by
households that meet the requirements of at least one (1) of the
following income categories: Very-low, low or median. The
requirements for these income categories are provided below.
I Strikethrough text is deleted. Underlined text is new. I
IV. RECOMMENDATIONS
Based on the Findings of Fact above, the Monroe County Planning
Commission recommends APPROVAL of the proposed amendments to
the Monroe County Board of County Commissioners.
HOCC ORDINANCE
ORDINANCE NO. -2003
A ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING A REQUEST OF THE
MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY
AMENDING SEe. 9.5-4 (A-5) (TIME RESTRICTIONS FOR
MAINT AINENCE OF AFFORDABLE HOUSING) TO CORRECT A
SCRIVENER'S ERROR.
WHEREAS an amendment to Sec. 9.5-4 (A-5) of the Monroe County Land
Development Regulations that amends the time restriction for the maintenance of
affordable housing from twenty (20) years to fifty (50) years is required by Ordinance
NO. 013-2002 amending Section 9.5-266 (a)(6)c and d, and Section 9.5-266(a)(8)a,
Monroe County Code in order to correct a scrivener's error in Ordinance #003-2002
[May 15, 2002] ; and
WHEREAS, during a regular meeting held on March 12, 2003 the Monroe
County Planning Commission conducted a public hearing on the proposed text and
recommendations of staff; and
WHEREAS, the Planning Commission after reviewing the staff report voted to
recommend the amendment to Sec. 9.5-4 (A-5) to the Board of County Commissioners;
and
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes outlined above; and
WHEREAS, the Board of County Commissioners finds that the proposed changes
are consistent with Section 9.5-511(e) Typographical or Drafting Errors; and
WHEREAS, the Board of County Commissioners find that the proposed changes
are consistent with the goals of the Monroe County Year 20 10 Comprehensive Plan
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be 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. Section 9.5-4 (A-5) [Definitions, Affordable Housing], Monroe County Code,
is hereby amended as follows:
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Sec. 9.5-4. Definitions shall he amended as follows:
(A-5) Affordable housing refers to residential dwelling units that meet the following
requirements: (Ord. No. 47-1999, S 2)
· Contain less than or equal to one thousand three hundred (1,300) square feet of
habitable space; and
· Meet all applicable requirements of the United States Department of Housing and
Urban Development minimum property standards as to room sizes, fixtures,
landscaping and building materials, when not in conflict with applicable laws of
Monroe County; and
· Restricted for a v"eR.t~' year fifty (50) year period to use by households that meet the
requirements of at least one (l) of the following income categories: Very-low, low or
median. The requirements for these income categories are provided below.
I ~triketlY:g\lg1:l text is deleted.
Underlined text is new.
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder 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.
Section 4. The ordinance is hereby transmitted to the Florida 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 the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
(This page has been intentionally left blank)
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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., 2003
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Conunissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
. VED AS TO FORM
NDL'-.-''''I'.' ""/c:'rrr,.,cy
l11,j}~;--,_.,.v, v
ATTEST: DA.~ KOHLAGE, CLERK
DEPUTY CLERK
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PC RESOLUTION
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P15-Q3
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING
SEC. 9.5-4 (A-5) (TIME RESTRICTIONS FOR MAINT AINENCE OF
AFFORDABLE HOUSING) TO CORRECT A SCRIVENER'S
ERROR.
WHEREAS, an amendment to Sec. 9.5-4 (A-5) of the Monroe County
Land Development Regulations that amends the time restriction for the
maintenance of affordable housing from twenty (20) years to fifty (50) years is
required by Ordinance NO. 013-2002 amending Section 9.5-266 (a)(6)c and d,
and Section 9.5-266(a)(8)a, MCC in order to correct a scrivener's error in
Ordinance #003-2002 [May 15,2002]; and
WHEREAS, during a regular meeting held on March 12,2003, the Monroe
County Planning Commission conducted a public hearing on the proposed text
and recommendations of staff; and
WHEREAS, the Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing;
1. Staffs report prepared on March 5, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff;
WHEREAS, the Commission finds that there is a need to make the
changes outlined above; and
WHEREAS, the Commission finds that the proposed changes are
consistent with Section 9.5-511 (d) (5)b. (iv) New Issues and (v) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan;
and
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NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding findings support its
decision to recommend APPROVAL to the Monroe County Board of County
Commissioners of the following change to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department.
PROPOSED TEXT CHANGE:
· Sec. 9.5-4. Definitions shall be amended as follows:
(A-S) Affordable housing refers to residential dwelling units that
meet the following requirements: (Ord. No. 47-1999, 9 2)
* Contain less than or equal to one thousand three hundred
(1,300) square feet of habitable space; and
* Meet all applicable requirements of the United States
Department of Housing and Urban Development minimum
property standards as to room sizes, fixtures, landscaping and
building materials, when not in conflict with applicable laws of
Monroe County; and
* Restricted for a twcnty '/C;Jr fifty (50) year period to use by
households that meet the requirements of at least one (1) of the
following income categories: Very-low, low or median. The
requirements for these income categories are provided below.
I Strikcthrough tcxt is deleted. Underlined text is new. I
[THIS PAGE IS INTENTIONALLY LEFT BLANK]
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PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 12th day of March 2003.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner Jerry Coleman
Commissioner Jiulio Margalli
Commissioner Alicia Putney
ABSENT
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of
,2003
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
-
Attorney's Office
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