Item R3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15.2005
Division:
GroWth Management
Bulk Item: Yes_ No ~
Department: Pla1llling: and Environmental Resources
Staff Contact Person:
K. Marlene Conaway
AGENDA ITEM WORDING:
A public hearing to consider an ordinance to extend the interim moratorium deferring ROGO and NROGO
allocations in areas of two acres or greater containing tropical hardwood hammock or pinelands within any
conservation and natural area (CNA) as established by Ordinance 018-2004 until land development regulations
and comprehensive plan amendments implementing the work program mandated by Rule 28-20.100 F.A.C. are
drafted and adopted by the County Commission and providing for expiration within six months of the date of
adoption of this ordinance by the Board of County Commissioners, whichever first occurs. (First of one public
hearing)
ITEM BACKGROUND:
On June 16, 2004, the Board of County Commissioners adopted Ordinance No. 018-2004. Section 19 of
Ordinance No. 18-2004 provides that the ordinance shall stand repealed as of 11 :59 p.m. on the 365th day after
the adoption of same, unless repealed sooner or extended pursuant to direction of the Board of County
Commission, to provide sufficient time to complete associated text and map amendments and other supporting
studies to effectuate the provisions of Goal 105 and Rule 28-20.100 F .A.C. The 365th day after the adoption of
Ordinance No. 018-2004 is June 16,2005, which means the interim moratorium will expire prior to effectuating
the provisions of Goal 105 and Rule 28-20.100. F.A.C. Section 4 of Ordinance No. 18-2004 provides for a
maximum extension period of six months, upon the recommendation of the Planning Commission. This
extension of the interim moratorium will be before the Planning Commission for a recommendation on June 8,
2005.
PREVIOUS REVEL ANT BOCC ACTION:
On June 16, 2004, the Board of County Commissioners adopted Ordinance No. 018-2004.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N! A
COST TO COUNTY: NiA
BUDGETED: Yes _No..}JiA.
SOURCE O}'FUNDS:
N/A
REVENUE PRODUCING:
Yes N/A No
AMOUNT PER MONTH N/A
Year
APPROVKI) BY:
County Attorney L
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included-K-
DISPOSITION: AGENDA ITEM #
INTERIl\1 DEVELOPMENT ORDINANCE
AN ORDINANCE TO EXTEND AN INTERIM MORATORIUM
DEFERRING ROGO AND NROGO ALLOCATIONS IN AREAS O}l' T\VO
ACRES OR GREATER CONT AINING TROPICAL HARDWOOD
HAMMOCK OR PINELANDS \VITHIN ANY CONSERVATION AND
NA TURAL AREA AS ESTABLISHED BY ORDINANCE 018-2004 UNTIL
LAND DEVELOPMENT REGULA TIONS AND COMPREHENSIVE
PLAN AMENDMENTS IMPLEMENTING THE WORK PROGRAM
MANDA TED BY RULE 28-20.100 }I'.A.C. ARE DRAFTED AND ADOPTED
BY THE COUNTY COMMISSION, AND PROVIDING FOR
EXPIRA TION WITHIN SIX MONTHS OF THE DATE OF ADOPTION
OF THIS ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS, WHICHEVER FIRST OCCURS.
RECOMl\1ENDA TIONS
pc:
To Be Determined
June 8, 2005
Resolution #P -05
DRAFT BOCC ORDINANCE
INTERIM DEVELOPMENT ORDINANCE
EXTENSION OF AN INTERIM lVIORA TORIUM
DEFERRING ROGO AND NROGO ALLOCATIONS
IN AREAS OF T\VO ACRES OR GREATER CONTAINING TROPICAL
HARDWOOD HAMMOCK OR PINELANDS
WITHIN ANY CONSERVATION AND NATURAL AREA
AS ESTABLISHED BY ORDINANCE 018-2004.
BOARD OF COUNTY COMMISSIONERS
MARATHON
J one 15, 2005
ORDINANCE NO.
-2005
AN ORDINANCE TO EXTEND AN INTERIM MORATORIUM DEFERRING ROGO
AND NROGO ALLOCATIONS IN AREAS OF TWO ACRES OR GREATER
CONT AINING TROPICAL HARDWOOD HA~IMOCK OR PINELANDS WITHIN
ANY CONSERVATION AND NA TURAL AREA AS EST ABLISHED BY
ORDINANCE 018-2004 UNTIL LAND DEVELOPMENT REGULATIONS AND
COMPREHENSIVE PLAN AMENDMENTS IMPLEl\-IENTING THE \VORK
PROGRAM MANDA TED BY RULE 28-20.100 F.A.C. ARE DRAFTED AND
ADOPTED BY THE COUNTY COMMISSION, AND PROVIDING FOR
EXPIRA TION WITHIN SIX MONTHS OF THE DATE OF ADOPTION OF THIS
ORDINANCE BY THE BOARD OF COUNTY COl\rlMISSIONERS, WHICHEVER
FIRST OCCURS.
WHEREAS, on June 16, 2004 the Board of County Commissioners adopted Ordinance No. 018-
2004 deferring ROGO and NROGO allocations in areas of two acres or greater containing tropical hardwood
hammock or pinelands within any conservation and natural area until land development regulations and
comprehensive plan amendments implementing the "Work Program" as set forth in Goal 105, "Smart
Growth," as adopted by the Board of County Commissioners in the 2010 Comprehensive Plan; and
WHEREAS, Sectlon 19 of Ordinance No. 018-2004 provides that the ordinance shall stand repealed
as of 11:59 p.m. on the 365th day after the adoption of Ordinance No. 018-2004, unless repealed sooner or
extended pursuant to direction of the Board of County Commission, to provide sufficient time to complete
associated text and map amendments and other supporting studies to effectuate the provisions of Goal 105
and Rule 28-20.100; and
WHEREAS, Section 4 of Ordinance No. 018-2004 provides that the ordinance may be extended for
a maximum extension period of six months from the 36Slh day after the date of adoption; and
WHEREAS, the 36Slh day after the adoption of Ordinance No. 018-2004 is June 16, 200S; and
WHEREAS, if the interim moratorium is not extended, the interim moratorium will expire prior to
effectuating the provisions of Goal 105 and Rule 28-20.100 F.A.C.
WHEREAS, staff, in cooperation with the Planning Commission in accordance with F.S. 163.3174
has diligently pursued the tasks, including map and text amendments associated with the creation of the "Tier
System" as set forth in Exhibit One of Resolution 39-2004, "Cooperative Agreement between DCA and
Monroe County to Address Significant Work Program Issues;" and
WHEREAS, the public hearing process associated with the introduction of voluminous materials
included in the Tier System package, including extensive text and map amendments, has required four
separate public hearings by the Planning Commission and, up to as of June 14, 2005. seven public hearings
by the Board of County Commissioners; and
~WHEREAS, it will be at least several months before these amendments to the land development
regulations and comprehensive plan will be adopted, extending past the time for expiration of the interim
moratorium on ROGO/NROGO allocation awards in areas containing tropical hardwood hammock or
pine lands two acres or greater in size within conservation and natural areas; and
WHEREAS, given the scope of the issues and areas to be addressed by Goal lOS of the 2010
Comprehensive Plan, the six month extension is necessary and reasonable in order to complete a fair and
comprehensive planning and public participation process that results m legally and scientifically based
policies and regulations.
NO'W, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The provisions set forth in Ordinance No. 018-2004 defening ROGO and NROGO allocations in
areas of two acres or greater containing tropical hardwood hammock or pinelands within any conservation
and natural area until land development regulations and comprehensive plan amendments effectuating the
provisions of Goal 105 and implementing the work program mandated by Rule 28-20.100, F.A.c. are
adopted, shall remain in full force and in effect for an additional six month period of time.
Section 2. If any sentence, clause, item, change or provision of this section, subsection, or 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. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida.
Section 5. This Ordinance shall stand repealed as of 11:59 p.m. on the last day of the six month period
following the date of adoption of this Ordinance by the Board of County Commissioners, unless repealed
sooner upon the adoption by the Board of County Commissioners and approval by the Florida Department of
Community Affairs of land development regulations and comprehensive plan amendments implementing the
work program mandated by Rule 28-20.100 F.A.C.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 15th day of June, 2005.
Mayor Dixie Spehar
Mayor Pro Tem Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk