Item C1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February 21. 2006
Division:
Growth Management
Bulk Item: Yes
No----X
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 RaGa
allocations until the land development regulations to impl~ment the new ROGO system are in effect or until the
ROGO quarter beginning July 14, 2006, whichever comes first. (1'[ of 2 Public Hearings).
ITEM BACKGROUND:
The HOCC 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, including 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.
CONTRACTI AGREEMENT CHANGES:
None.
STAFF RECOMMENDATION:
Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No N/A
COST TO COUl'iIY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH JfLA.. Year
APPROVED BY: County Atty X OMBlPurchasing Risk Management
~ ~ '
DIVISION DIRECTOR APPROVAL: c-'") (lA~~.t )
Ronda orman
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
C/
DISPOSITION:
ORDINANCE NO.
Ai'1 ORDINANCE BY nm MONROE COUNTY BOARD OF
Cotn-.n COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRJNG 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 'ruE 2010 COMPREHENSNE 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 COlUlty Commissioners, during seven
public hearings heJd 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
conunents; and
WHEREAS, the Monroe County Board of County Commissioners makes the
foJ/owing 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 10$ and revisions to ROOD based on the Tier
system utilizing a positive approach that predominately relies on land dedication and
aggregation.
2. GoaJ 10S 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 suatainabiJity.
3. The designation of Tiers will be implemented through an overlay of the
C.ounty'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 procedw-es for amending the Land Development Regulations in Section
9.S-51I, Monroe County Code.
5. The utilization of the moratorium device as a temporary measure to facilitate
government decision mating, 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 tbe Growth
Management Division Slaff to implement an internal system in preparation for the
adoption of a new ROOO ~ring systCID.
7. The implementation of a new ROGO scoring system will require the rescoring
of all ROGO applications CUlTently in the system which have not received an allocation
by the effective date ofthc 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 TIll: BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
StetfOD I. The effective date of this Interim Development Ordinance shall be March 15....
~.
~tioa Z. Commencing on the effective date of this Ordinance, the Monroe COlU1ty
Growth Management Division shall defer acceptance of applications for allocation of
building permits under the R.esidential Rate of Growth Ordinance (ROGO) (Monroe
County Code of Ordinances, Section 9.5-120, et. soq.).
SectIa. t Any ROGO application with a submittaJ date of March 14, 2006 or earlier
shall be exempt from this Interim Development Ordinance.
Seetiou Pursuant to. its lawful authority and the pending legislation doctrine as set
forth in Smith Vlf. City a/Clearwater, 383 So 1d 681 (Fla. 2d DCA. /980), the BOard of
CoWlly Commissioners hereby establishes the interim development regulations set forth
ill this Ordinance, whiclt shaJl remain in full force and effect until the Land Development
Regulations to implement GoaJ 105 of the 2010 Comprehensive Plan, the Tier Overlay
SysIem and the Tier Overlay District Maps are in effect or until the ROGO Quarter
beginning July 14, 2006, whichever comes first
See.. 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.
SectJoa 6. AI) 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.
SecdQa f. This ordinance shaU be filed in the Office of the Secretary of State of the
State of Florida.
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PASSED AND ADOnED 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 Mumy Nelson
Commiuioner Dixie SpdJar
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTy, FLORIDA
BY
MAYOR
(SEAL)
A ITEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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