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Item G4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 17,2002 Division: Growth Management Bulk Item: No X Department: Planning and Environmental Resources AGENDA ITEM WORDING: Approval of a resolution directing Growth Management to defer the award of modest housing ROGO points until the planning commission completes a review of the regulations and recommends an amendment for adoption by the County Commission or the passage of 180 days. ITEM BACKGROUND: ROGO was amended in 2000 to encourage the construction of moderately priced housing by providing points for "modest housing". There have been many problems with implementing the ordinance because it does not provide sufficient guidance to assure the housing has characteristics that make them more reasonably priced. The Planning Commission is requesting this deferral to provide them time to review and amend the ordinance to clearly define when points should be awarded for "modest housing". PREVIOUS REVELANT BOCC ACTION: Ordinance 013-2000 amended the Plan to provide positive points to encourage the development of "modest housing and Ordinance 012-2000 amended the LDRs to define modest housing and to provide modest housing points. CONTRACT/AGREEMENT CHANGES; N/A ST AFF RECOMMENDATIONS: Approval TOT AL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty _ DOCUMENTATION: Included X To Follow_Not Required_ DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM #02 -C ~ Revised 2/27/0 I -,{~/ RESOLUTION NO. A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING GROWTH MANAGEMENT TO DEFER THE A WARD OF MODEST HOUSING ROGO POINTS UNTIL THE PLANNING COMMISSION COMPLETES A REVIEW OF THE REGULATIONS AND RECOMMENDS AN AMENDMENT FOR ADOPTION BY THE COUNTY COMMISSION OR THE PASSAGE OF l~DA YS. 7{) WHEREAS, the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, Ordinance 013-2000 amended the Plan to provide positive points to encourage the development of "modest housing"; and WHEREAS, Sec.-122.3 of the Land Development Regulations (LDRs) were subsequently amended to provide positive points to encourage the construction of moderately priced residential dwelling units; and WHEREAS, Modest Housing is defined in the LDRs to mean residential units that have a combination of design and site characteristics that make them more reasonably price than residential units lacking such characteristics; and WHEREAS, the Planning Commission and the Planning Director are concerned that the regulations as adopted do not contain sufficient guidance to assure that the points are reserved for and are allocated to moderately priced housing of modest design; and WHEREAS, the Planning Director has met twice with the Planning Commission to discuss interpretation of, and concerns with, the Modest Housing sections of the Plan and LDRs; and WHEREAS, the Planning Commission received public comments on implementing the modest housing provisions at both of those meetings and at subsequent Planning Commission meetings; and WHEREAS, the Monroe County Planning Commission at the December 27, 2001 meeting voted, four to zero, to request the Board of County Commission to defer future allocation of ROGO points for modest housing to permit the Planning Commission time to review and amend the regulations; and WHEREAS, the Planning Director agrees that the modest housing provisions, as drafted, should be amended to assure that the points are reserved for moderately priced housing units. NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: Pursuant to the pendin1legislation doctrine set forth in Smith v.. C.ity of Clearwater, 383 So. 2D 681 (Fla. 2n DCA 1980), the Board of County CommIssIOners hereby directs Growth Management staff to defer the award of modest housing ROGO points to building permit applications received after 5 p.m. on January 17, 200Luntil the Planning Commission completes a review of the regulations and recommends an amendment for adoption by the County Commission or the passage of 1 Y"O days. -gO Section 2: Growth Management staff is directed to immediately begin working with the Planning Commission to review and prepare of an amendment to the Monroe County LDRs concerning modest housing ROGO points. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17 day of Jamuary, A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor McCoy (SEAL) A TTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK