Item R2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 15, 2006
Division:
Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Resources
Staff Contact Person: : Jose Papa
AGENDA ITEM WORDING:
An Ordinance adopting an Interim Development Ordinance to defer the acceptance of applications for ROGO
allocations until the land development regulations to implement the new ROGO system are in effect or until the
ROGO quarter beginning July 14,2006, whichever comes first. (2nd of2 Public Hearings).
ITEM BACKGROUND:
The BOCC has conducted 7 public hearings to review and consider new Land Development Regulations to
implement the Tier Overlay maps as the basis for the ROGO point system. Staff continues to accept ROGO
applications that are scored using the existing ROGO system, At the adoption of the Tier System as the basis for
ROGO scoring, all new applications, induding those applications that are in the system but have not received
ROGO allocations will be rescored using the new ROGO scoring system. There are currently approximately 600
applications in the system that are waiting for a ROGO allocation. This moratorium on the acceptance of new
applications will give staff the necessary time to implement an internal system for rescoring the existing applications
as well as the new applications.
PREVIOUSLY RELEVANT BOCC ACTION:
Public hearings on the Tier Overlay District Maps and accompanying Land Development Regulations were held on
December 2004, January, February, March, April, May, and June 2005.
Approved on first reading at a special meeting on February 21, 2006.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATION:
Approval
TOTAL COST:
N/A
BUDGETED: Yes N/ A
No NiA
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
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DIVISION DIRECTOR APPROVAL: (...7 )<::/V"AH~~
Ronda Norman
DOCUMENT A nON: Included X
Not Required
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPT ANCE OF APPLICATIONS FOR ALLOCATION OF
BUILDING PERMITS UNDER THE RESIDENTIAL RATE OF
GROWTH ORDINANCE (ROGO) UNTIL LAND
DEVELOPMENT REGULATIONS TO IMPLEMENT GOAL 105
OF THE 2010 COMPREHENSIVE PLAN, THE TIER OVERLAY
SYSTEM AND THE TIER OVERLAY DISTRICT MAPS ARE IN
EFFECT OR UNTIL JULY 14, 2006, WHICH BEGINS A ROGO
QUARTER, WHICHEVER COMES FIRST.
WHEREAS, the Monroe County Board of County Commissioners, during seven
public hearings held in December 2004, January, February, March, April, May, and June
2005, reviewed and considered the proposed amendments to utilize the Tier overlay maps
as the basis for the ROGO point system, considered staff recommendations and public
comments; and
WHEREAS, the Monroe County Board of County Commissioners makes the
following Findings of Fact:
1. The Board of County Commissioners directed staff to prepare text and map
amendments in Ordinance No. 018-2004 adopted June 16,2004, to include Tier Overlay
Map designations in accordance with Goal 105 and revisions to ROGO based on the Tier
system utilizing a positive approach that predominately relies on land dedication and
aggregation.
2. Goal 105 provides a framework for future development and land acquisition
for the next 20 or more years, called the "Tier System", that considers the canying
capacity of the Florida Keys, reduces sprawl and promotes sustainability.
3. The designation of Tiers will be implemented through an overlay of the
County's Land Use District Map, that will be referred to as the "Tier Overlay District
Map" in the County Code.
4. The adoption and amendments to the Tier Overlay District Map will be in
accordance with procedures for amending the Land Development Regulations in Section
9.5-511, Monroe County Code.
5. The utilization of the moratorium device as a temporary measure to facilitate
government decision making, study and adoption of land development regulations is a
legitimate government tool.
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6. The purpose of this Interim Development Ordinance is to allow the Growth
Management Division Staff to implement an internal system in preparation for the
adoption of a new ROGO scoring system.
7. The implementation of a new ROGO scoring system will require the rescoring
of all ROGO applications currently in the system which have not received an allocation
by the effective date of the new scoring system.
8. There are currently approximately 600 applications m the existing ROGO
system that have not received an allocation.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The effective date of this Interim Development Ordinance shall be March 15,
2006.
Section 2. Commencing on the effective date of this Ordinance, the Monroe County
Growth Management Division shall defer acceptance of applications for allocation of
building permits under the Residential Rate of Growth Ordinance (ROGO) (Monroe
County Code of Ordinances, Section 9.5-120, et. seq.).
Section 3. Any ROGO application with a submittal date of March 14, 2006 or earlier
shall be exempt from this Interim Development Ordinance.
Section 4. Pursuant to its lawful authority and the pending legislation doctrine as set
forth in Smith vs. City of Clean vater, 383 So 2d 681 (Fla. 2d DCA, 1980), the Board of
County Commissioners hereby establishes the interim development regulations set forth
in this Ordinance, which shall remain in full force and effect until the Land Development
Regulations to implement Goal 105 of the 2010 Comprehensive Plan, the Tier Overlay
System and the Tier Overlay District Maps are in effect or until the ROGO Quarter
beginning July 14, 2006, whichever comes first.
Section 5. If any section, subsection, sentence, clause, item, charge or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 6. All ordinance or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 7. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a special meeting held on the _ day of , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
MAYOR
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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