Item S8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/19/2006 - KW Division: Growth Management
Bulk Item: Yes _ No _� Department: Growth Management
Staff Contact Person: Lwy D. Sander M Symroaki
AGENDA ITEM WORDING:
An ordinance adopting an Interim Development Ordinance to defer the acceptance of applications for
ROGO allocations until the challenge to the DCA Rule affirming the Tier System Maps and
Implementation Ordinances with the new ROGO System is resolved or the expiration of 180 days,
whichever comes first.
(The First of One Public Hearing)
ITEM BACKGROUND:
Over a period of approximately two (2) years and seven (7) public hearings, the BOCC considered and
adopted new Land Development Regulations to implement the Tier System and the Tier Overlay Maps
as the basis for the ROGO Point System.
PREVIOUS RELEVANT BOCC ACTION:
1.) Adoption of Comprehensive Plan Amendments for creation of the Tier System in lieu of the present
ROGO System beginning in December 2004 which became final February, 2006.
2.) Adoption of five (5) Land Development Regulations March 15, 2006 to implement the Tier System
provided for in the Comprehensive Plan Amendments.
3.) Interim Development Ordinances (Moratoria) were begun on ROGO and NROGO allocations in
CNA Areas (of two [2] acres or greater) in June 2004, expiring in December 2005.
4.) A further moratoria deferring the acceptance of all applications for allocation of building permits
under ROGO was adopted March 15, 2006 (concurrently with the Tier Ordinances) to remain in effect
until the Tier System Ordinances and Maps were adopted or July 14, 2006, whichever came first. This
has been extended by the Growth Management Director administratively until this BOCC meeting under
the "Legislation in Progress" doctrine.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval of the attached recommended Ordinance extending the Interim Development Ordinance
deferring acceptance of applications for allocation of building permits under ROGO.
TOTAL COST: N/A. BUDGETED: Yes _ No _
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No_ AMOUNT PER MONTH_ Year _
APPROVED BY: County Atty OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR
DOCUMENTATION: Included
DISPOSITION:
Revised 2ro5
Director
Not Required
AGENDA ITEM h__ft9ft99
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, EXTENDING THE INTERIM
DEVELOPMENT ORDINANCE PREVIOUSLY ADOPTED DEFERRING
THE ACCEPTANCE OF APPLICATIONS FOR ALLOCATION OF
BUILDING PERMITS UNDER THE RESIDENTIAL RATE OF GROWTH
ORDINANCE (ROGO) UNTIL THE CHALLENGE TO THE FINAL ORDERS
OF THE DEPARTMENT OF COMMUNITY AFFAIRS APPROVING THE
LAND DEVELOPMENT REGULATIONS IMPLEMENTING GOAL 105 OF
THE 2010 COMPREHENSIVE PLAN, THE TIER OVERLAY SYSTEM AND
THE TIER OVERLAY DISTRICT MAPS IS RESOLVED OR FOR 180 DAYS,
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABH.TTY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during seven (7) 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. 018-1004 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
twenty (20) or more years, called the "Tier System", that considers the carrying 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.
6. An Interim Development Ordinance was considered and adopted by the Board of County
Commissioners on March 15, 2006, being Ordinance No. 012-2006, which deferred the acceptance of
applications for allocation of building permits under the Residential Rate of Growth Ordinance
(ROGO) until the Land Development Regulations to implement Goal 105 of the 2010 Comprehensive
Plan and the Tier Overlay District Maps were in effect or until July 14, 2006, whichever came first.
7. The Interim Development Ordinance No. 012-2006 has been extended by the Growth
Management Division Director administratively from July 14, 2006 until July 19, 2006 under the
"Legislation in Progress" Doctrine.
8. The Ordinances implementing the Tier System and the Tier Overlay District Map were
approved by Final Order of the Department of Community Affairs, all of which were published on
June 16, 2006.
9. On July 7, 2006, two (2) organizations filed a challenge with the Department of Community
Affairs to the DCA's five (5) Final Orders which approved the maps and Land Development
Regulations adopted by the BOCC on March 15, 2006 to implement the Tier System amendments to
the Comprehensive Plan.
10. The ultimate implementation of a new ROGO system, as provided in the challenged Tier
Ordinances, will require the re -scoring of all ROGO applications currently in the system which have
not received an allocation by the effective date of the new scoring system.
11. There are currently approximately six hundred (600) applications in the existing ROGO
System that have not received an allocation.
12. The loss of affordable housing has been found by previous BOCC action to be critical
within Monroe County and must be exempt from this ordinance in order to encourage the development
of and creation of more affordable housing to stem the loss and to fulfill the need for approximately
seven thousand (7,000) affordable housing units that are needed County -wide.
13. The purpose of this Interim Development Ordinance is to allow the completion of the
hearings on the challenge to the Tier System Ordinances and Overlay District Maps to be completed
and allow the Growth Management Division staff to then implement internal procedures for the new
ROGO scoring system.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The effective date shall be July 19, 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. Any ROGO application for affordable housing allocations made by a non-profit
organization, or in conjunction with the County, or in which a government agency is
participating, which does not require the clearing of native habitation shall also be exempt from
this Interim Development Ordinance.
Section 5 Pursuant to its lawful authority and the pending legislation doctrine as set forth
in Smith v City of Clearwater 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 6 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 7. All ordinance or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section S. The ordinance is hereby transmitted to the Florida Department of Community
Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 9. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the _ day of 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
ORDINANCE NO. 012-2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPTANCE 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 carrying
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 regu}ations t a
legitimate government tool.
P:\1em)\R000 MORATORIUM.doc Page 1 of 3
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 in 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 Clearwater, 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 S. 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.
PAtemp\P000 MORATORIUM.doc Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regulatneeting held on the 15thday of March 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner. George Neugent
Commissioner David Rice
D UTY LERK
Not Present
Yea
Yee
Yee
Not Present
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO Y, FLORIDA
BY
L. KOLHAGE, CLERK
MAYOR
P:1Maym Tezenos\BOCC February 21, 2006 (Special Mtg.)Ut000 MORATORIUM.doc
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