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Item S1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2004 Bulk Item: Yes No X Division: Growth Management Department: Planning AGENDA ITEM WORDING: Public hearing to repeal BOCC Ordinance 10-2004 and BOCC Ordinance l1A-2004 due to scrivener's errors and amend Section 9.5-122.3; Section 9.5-124.8; and Section 9.5-266, of the Monroe County Land Development Regulations, to grant authority to the Growth Management Director and County Attorney to approve Restrictive Covenants and Warranty Deeds and to prohibit the award of RaGa points for aggregation within those areas proposed for acquisition for resource protection. ITEM BACKGROUND: These items (10-2004 and lIA-2004) were heard and approved at the April 21, 2004 BOCC meeting. However, scrivener's errors were found upon further review. A new ordinance has been drafted to correct the scrivener's errors and combine the language of both previous ordinances into one new ordinance. PREVIOUS RELEVANT BOARD ACTION: BOCC Ordinance 10-2004 and Ordinance l1A- 2004 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. TOTAL COST: NA BUDGETED: Yes No COST TO COUNTY: NA SOURCE OF FUNDS: NA REVENUE PRODUCING: Yes No X AMOUNT PER MONTH YEAR DIVISION DIRECTOR APPROV AV Risk Management _ APPROVED BY: County Attorney ~ 0 ,AICP DOCUMENTATION: Included X To follow Not required_ DISPOSITION: AGENDA ITEM # S-, \ BOCC ORDINANCE ORDINANCE NO. -2004 AN ORDINANCE REPEALING BOCC ORDINANCES 10-2004 AND llA-2004 AND 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 AND TO PROHIBIT THE AWARD OF ROGO POINTS FOR AGGREGATION WITHIN THOSE AREAS PROPOSED FOR ACQUISITION FOR RESOURCE PROTECTION; 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, BOCC Ordinance 10-2004 and BOCC Ordinance l1A-2004 contained scrivener's errors that were not discovered prior to being approved by the BOCC; and WHEREAS, to correct the scrivener's errors these ordinances shall be repealed and replaced with a new ordinance containing the content of the two previous ordinances; and WHEREAS, presently, all restrictive covenants for Affordable Housing, warranty deeds for land dedication, restrictive covenants permitting only single-family dwellings on a parcel ofland, 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 RaGa; 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, the Monroe County Comprehensive Plan directs future growth to areas suitable for development and away from areas classified as Conservation lands and lands proposed for acquisition for resource protection; and WHEREAS, the prohibition of RaGa points for aggregation within areas proposed for acquisition for resource protection will be consistent with the Comprehensive Plan and further direct future growth away from environmentally sensitive lands; and WHEREAS, Staff 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 Monroe County Board of County Commissioners finds that the proposed changes are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, these text changes were reviewed and APPROVED at the DRC public meeting of January 15, 2004; and WHEREAS, these text changes were reviewed and APPROVED at the PC public hearing of January 28, 2004 and APPROVED at the public hearing of February 11,2004; and 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. 9.5-266 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 ~trik~ tagygb. t~x.t is deleted. underlined text is new. Section 1. BOCC Ordinance 10-2004 and BOCC Ordinance l1A-2004 are hereby repealed in their entirety. Section 2. 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 aggregated lot running in favor of Monroe County and enforceable by the county, EY9j~'O:t tg shall be approved by the appt:gyal gf ta~ BgaTQ gf ~911At:,' ~gmlRiEEi9R~TE Growth Management Director and County Attorney and recorded pri9r tg filiRg in the office of the County Clerk ~Y~R ~9"~Ra.Rt lRYEt B~ :ippr9"~9 Section 3. 1;,:' tR~ ggat:g prior to the issuance of g~f9r~ any may b~ igE'leg building permit pursuant to an allocation award. (a)(4) Acreage 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 county, EYbj ~~t tg shall be approved by the apprg'tal gf tRe ggarg gf ~gl~' ~glRlRiEEigR~rFl Growth Management Director and County Attorney and recorded prigr tg :t:iliRg in the office of the County Clerk, ~Ycll Qg','eRaRt lRYFlt 1;,~ ~prg'.I~g g:' th~ ggarg prior to the issuance of b~fgr~ any ma~' be iEEy~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 that could be permitted, as determined by the ~R',lirgRlReAt reEg'~eE giN~tQr 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 EUbj~~t 19 tR~ apprg"al gftae ggat:g 9f ~gumj' ~gmmiEEigR~rFl Growth Management Director and County Attorney and recorded prigr 19 tiliRg in the office of the County Clerk ',\iliQa QgW'eYE tll~ gegk:i1eQ prgp~~' tg tRe ~gYRt:.' ~uca g~eg laYEt b~ ~pt:g',I~g by tR~ ggarg prior to the issuance of g~fgr~ any g~',lelgplR~At ~pt:g":il building permit m~' g~ iFlweg pursuant to an allocation award. Sec. 9.5-124.8 Evaluation criteria. (a)(2) Intensity reduction: Additional requirements: Section 4. Section 5. Section 6. Section 7. A legally binding restrictive covenant running in favor of Monroe County that limits the floor area ratio ofthe property to a maximum of twenty three percent (23%) for a period of ten (10) years shall be approved by the l)garg 9f C9URty C9RYDiEEigRerE Growth Management Director and County Attorney and recorded in the office of the County Clerk 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: . 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 E~i~t tg tA.~ :ipprg'.laJ gf tRi b9at:Q gf ~9'lRt:,' QgmmiEFli9RirFl Growth Management Director and County Attorney and recorded pri9r t9 :t:iliRg in the office of the County Clerk 'l,4li~a ~9W'iYE tRi giQi~at~Q pt:9peIt:,' tg tA.~ ~gYRt:,'. ~U~R Qii9 mYEt bi apprgYiQ by tRi bgat:Q prior to the issuance of tlif9ri any QiYil9plRiAt ~prgl1:ill building permit maj' b~ iEEyeg pursuant to an allocation award. Sec. 9.5-266. Affordable and employee housing; administration. (t) 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 any building permit. Invalid Provision. 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 . Repeal; Non-Revival. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Effect of Repeal. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 8. Ordinance Codified. The provlSlons of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. Effective Date. This ordinance shall be filed in the Office of the Secretary of the 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 10. Transmittal. 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. 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 Tem 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 ATTORNEY AC ,. ,( qM _ '13: 3(J -{ )Lf- DEPUTY CLERK BOCC Staff Report MEMORANDUM TO: The Monroe County Board of County Commissioners FROM: K. Marlene Conaway, Director of Planning DATE: September 28, 2004 MEETING DATE: October 20,2004 RE: Repeal of BOCC Ordinances 10-2004 and llA-2004 due to scrivener's errors 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 and prohibit the award of ROGO points for aggregation within those areas proposed for acquisition for resource protection. I. BACKGROUND. Ordinance 10-2004, 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 (f). This is being corrected by repealing Ordinance 10-2004 and replacing it with a new ordinance with the scrivener's error corrected. Ordinance llA-2004, prohibiting the awarding of ROGO points for aggregation within those areas proposed for acquisition for resource protection, contained a scrivener's error. The error was one of enumeration rather than textual. This is being corrected by repealing Ordinance l1A-20004 and replacing it with a new ordinance with the scrivener's error corrected. The new ordinance will encompass the content of Ordinance 010-2004 and Ordinance lIA-2004. 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 previously 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), LDR. Ordinance llA-2004 was found to contain a scrivener's error that did not affect the textual content of the ordinance. The error was one of enumeration. Ordinance l1A-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 the Florida Statutes and Florida Administrative Code. The correction of the scrivener's error does not alter the content of the previously approved ordinance. The correct enumeration has been incorporated into the new ordinance and is consistent with the criteria established in Section 9.5-511, LDR. III. FINDINGS OF FACT. 1. BOCC Ordinance 10-2004 and BOCC Ordinance llA-2004 contained scrivener's errors. These ordinances were the results of text amendments to Section 9.5-122.3; Section 9.5-124.8; and Section 9.5-266 of the Monroe County Land Development Regulations. 2. Ordinance 10-2004 and Ordinance l1A-2004 will be repealed in their entirety and replaced by one new ordinance containing the content of both the repealed ordinances. 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 errors 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. RECOMMENDATION: The Growth Management Staff recommends APPROV AL of the proposed repeal of BOCC Ordinance 10-2004 and BOCC Ordinance l1A-2004 and the proposed replacement ordinance.