Item S1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 15 , 2004
Bulk Item: Yes X No
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING:
Public hearing to repeal BOCC Ordinance 10-2004 due to a scrivener's error and amend Section 9.5-
122.3; Section 9.5-124.8; and Section 9.5-266, of the Monroe County Land Development Regulations,
in order to grant authority to the Growth Management Director and County Attorney to approve
Restrictive Covenants and Warranty Deeds.
ITEM BACKGROUND:
This item was heard at the April 21, 2004 BOCC meeting and was approved. However, a scrivener's
error erroneously identified Section 9.5-266 (f) as 9.5-266 (b) in the approved Ordinance 010-2004 and
the BOCC staff report. A new ordinance has been drafted to correct the scrivener's error.
PREVIOUS RELEVANT BOARD ACTION: BOCC Ordinance 10-2004
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approve
TOTAL COST: NA
BUDGETED: Yes
No
COST TO COUNTY: NA
SOURCE OF FUNDS: NA
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
YEAR
APPROVED BY: County Attorney..$- OMB/Purchasing
Risk Management _
DIVISION DIRECTOR APPROVAL:
p
DOCUMENTATION: Included X To follow
DISPOSITION:
AGENDA ITEM #
Not required
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.~
BOCC ORDINANCE
ORDINANCE NO. -2004
AN ORDINANCE AMENDING SEe. 9.5-122.3; SEe.9.5-124.8; SEC.
9.5-266 OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS IN ORDER TO GRANT AUTHORITY TO THE
GROWTH MANAGEMENT DIRECTOR AND THE COUNTY
ATTORNEY TO APPROVE RESTRICTIVE COVENANTS AND
WARRANTY DEEDS UNDER ROGOINROGO AND
AFFORDABLE HOUSING. PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND DIRECTING THE PLANNING DIRECTOR
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, presently, all restrictive covenants for Affordable Housing, warranty deeds for
land dedication, restrictive covenants permitting only single-family dwellings on a parcel of land, or, in
a few cases, the removal of these restrictive covenants require approval by the Board of County
Commissioners before any development may receive a building permit; and
WHEREAS, in 2003, there were approximately 80 such agreements; and
WHEREAS, all were legally advertised for BOCC regular meetings, and all were formally
presented to the commission for approval as Bulk Items; and
WHEREAS, after approval, each agreement is recorded in the office of the County Clerk; and
WHEREAS, the commission has approved all of these agreements; none have ever been
disapproved; and
WHEREAS, this process has existed since the inception of ROGO; and
WHEREAS, the formality of this process is unnecessarily time-consuming for the applicant,
for staff and for the commission; and
WHEREAS, it is proposed that each of these actions be approved by the Growth Management
Director and the County Attorney, and then recorded in the office of the County Clerk; and
WHEREAS, Staff 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; and
WHEREAS, The Monroe County Board of County Commissioners finds that the proposed
change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the DRC public meeting of
January 15, 2004; and
WHEREAS, this text change was reviewed and APPROVED at the PC public hearing of
January 28, 2004 and APPROVED at the public hearing of February 11,2004;
WHEREAS, The Board of County Commissioners at their meeting of April 21, 2004 in Key
West, Florida reviewed the proposed amendment to Sections 9.5-122.3; Sec. 9.5.124.8; & Sec. 9.5-26
as recommended by the Planning Commission and Growth Management.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
I Etrik~ tllgygb. t~xt is deleted.
underlined text is new.
Section 1.
Section 9.5-122.3 Evaluation criteria
(a)(3) Lot aggregation:
Additional requirements:
1. Points will not be awarded for lot aggregation within those areas proposed for
acquisition by governmental agencies for the purpose of resource protection.
2. The application shall include but not be limited to the following:
· ~ An affidavit of ownership of all affected parcels, acreage or land; and
· ~ A Legally binding restrictive covenant limiting the number of dwelling units on
the acreage tract, running in favor of Monroe County and enforceable by the
County, Eybj~~t t9 shall be approved by the ~pt:gY:i1 gftR~ b9:R'9 gf ~g11my
~glRlRiEF1igR~rE Growth Management Director and County Attorney and recorded
prigr tg :t:iliRg in the office of the County Clerk SlYQll Qgu~R:.mt }RUEt b~ ~prgY~9
by tb.~ b9at:9 prior to the issuance of p~:fgr~ any development approval or lR~' b~
~ building permit, pursuant to an allocation award.
(a)(4) AcreaKe tract density reduction:
Additional requirements:
1. The parcel proposed for development must be located in zoning districts in which
density is allocated in residential units per acre.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of the affected parcel, acreage or land;
· A Legally binding restrictive covenant limiting the number of dwelling units on
the acreage tract, running in favor of Monroe County and enforceable by the
Section 2.
County, EUPj~Qt 19 shall be approved by the :ipfUg,t:il gftll~ b9af9 9f ~9Ymy
Qgm}RiF1Ei9R~rE Growth Management Director, County Attorney and recorded
prigr tg :t:iliRg in the Monroe County Clerk's Office, S;y~ll ~gu~R:rnt }RYEt b~
~prgl1~Q by tll~ b9afQ prior to the issuance of b~fgr~ any development approval
or may p~ iF1E1.l~g building permit, pursuant to an allocation award.
(a)(5) Land dedication:
Additional requirements:
1. "Buildable" means construction of a dwelling unit or some development could be
permitted, as determined by the ~R'.'it:gRm~At r~Egut:~~E gir~~tgr Director of
Planning.
2. The application shall include but not be limited to the following:
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the County
shall be approved by the, EYPj~~t tg tR~ ~prg'.tal gftA.~ P9iif9 gf ~gYR~'
QgH;l}RiF1EigR~rE Growth Management Director, County Attorney and recorded
prigr tg :t:iliRg in the office of the County Clerk, ,..r,biQR ~gR'.I~:'E tR~ g~QiQ:it~g
prgp~~' 19 tll~ ~guAt)'. ~YQR Qe~g }RYEt b~ apprgu~g by ih~ bg:irg prior to the
issuance of b~fQN any g~y~IQP}R~m apprQ'.tal building permit }R~' b~ iEEY~Q
pursuant to an allocation award.
Sec. 9.5-124.8 Evaluation criteria
(a)(2) Intensity reduction:
Additional requirements:
A legally binding restrictive covenant running in favor of Monroe County that limits the
floor area ratio of the property to a maximum of twenty three percent (23%) for a period
often (10) years shall be approved by the ];lQafg QfCgy~' CgmmiF1gigR~rE Growth
Management Director, County Attorney and recorded prior to the issuance of any
building permit pursuant to an allocation award.
(a)(3) Land dedication:
Additional requirements:
1. "Buildable" shall mean construction of a dwelling unit or non-residential development,
as determined by the planning director.
2. The application shall include but not be limited to the following:
Section 3.
Section 4.
Section 5.
Section 7.
Section 8.
· An affidavit of ownership of all affected lots, parcels, acreage or land;
· A statutory warranty deed that conveys the dedicated property to the county shall be
approved by the, Flybj~~t t9 th~ ~prgl.1al gf tR~ g9:R'9 gf Qg~' ~gRYRiFlEiQR~rE
Growth Management Director, County Attorney and recorded prigr tg :t:iliRg in the
office of the Clerk of the County, ',4li~h ~9R'.'~yg tb.e geQiQateg pt:gpetty tg tile
Qg1.lR~'. ~11~h g~eg lRYEt be ~prgYeg by the bQ:R'g prior to the issuance ofbefQre any
gel1elQPlReRt :ipprQ'tal building permit H:I:ij' be iFlEyeg pursuant to an allocation
award.
Sec. 9.5-266. Affordable and employee housing; administration.
~ fflAdministration and compliance:
(7)The restrictive covenants for affordable and employee housing required under this
section shall be approved by the Growth Management Director and County Attorney
prior to the recording of the covenant and issuance of any building permit.
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.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
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.
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.
[The remainder of this page is left blank intentionally]
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the day of , A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tern David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
BOCC Staff Report
MEMORANDUM
TO:
The Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning
DATE:
August 26, 2004
MEETING DATE: September 15,2004
RE: Repeal of BOCC Ordinance 10-2004 due to a scrivener's error and new
ordinance to amend Sec. 9.5-122.3; Sec. 9.5-124.8; and Sec. 9.5-266 of the
Monroe County Land Development Regulations in order to grant authority
to the Growth Management Director and County Attorney to approve
Restrictive Covenants and Warranty Deeds under ROGOINROGO and
Affordable Housing.
I. BACKGROUND.
Ordinance 010-2004, granting to the Director of Growth Management and the County Attorney the
authority to approve Restrictive Covenants and Warranty Deeds, contained a scrivener's error.
Specifically, the Ordinance and staff report erroneously indicated Section 9.5-266 (b) instead of
Section 9.5-266 (t). This is being corrected by repealing Ordinance 10-2004 and replacing it with a
new ordinance with the scrivener's error removed.
II. ANALYSIS.
Ordinance 010-2004 was found to contain a scrivener's error that did not affect the textual content of
the ordinance. Ordinance 010-2004 followed all due process for review pursuant to Section 9.5-511
including Development Review Committee, Planning Commission, Board of County Commissioners
and the Department of Community Affairs. At each stage of the process the ordinance was found to be
consistent with all applicable goals, policies and objectives of the Monroe County Year 2010
Comprehensive Plan as well as Florida Statutes and Florida Administrative Code. The correction of
the above-noted scrivener's error does not alter the content of the approved ordinance, rather clarifies
the appropriate subsection designation of (f) rather than (b) for Section 9.5-266 of the ordinance. This
correction is consistent with the criteria established in Section 9.5-511 (e), MCC.
III. FINDINGS OF FACT.
1. A text amendment to Section 9.5-122.3; Section 9.5-124.8; and Section 9.5-266 of the Monroe
County Land Development Regulations was adopted by the Board of County Commissioners
that contained a scrivener's error.
2. Section 9.5-511(e) provides a mechanism to amend such scrivener's errors.
3. Staff finds this amendment to be consistent with the criteria listed in Section 9.5-511(e).
4. Staff finds that the correction of the scrivener's error does not alter the textual content of the
approved ordinance.
5. Staff finds the proposed changes to be consistent with the goals, objectives, and policies of the
Monroe County Year 2010 Comprehensive Plan.
6. Staff finds the proposed changes consistent with F.A.C. Chapters 9J-5 and 9J-12, Florida
Statutes, Chapter 163, and The Principles for Guiding Development.
IV. PROPOSED TEXT
The new changes are shown in Etrik~tAt:9'1gh and underline format.
Section 3.
Sec. 9.5-266. Affordable and employee housing; administration.
~{!L Administration and compliance:
(7) The restrictive covenants for affordable and employee housing required under this section
shall be approved by the Growth Management Director and County Attorney prior to the
recording of the covenant and issuance of a building permit.
V. RECOMMENDATION:
The Growth Management Staff recommends APPROV AL of the proposed repeal of BOCC
Ordinance 10-2004 and the proposed replacement ordinance to correct a scrivener's error in
Ordinance 010-2004.