Resolution 033-2002
RESOLUTION NO. 033 -2002
A RESOLUTION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
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 90 DAYS.
WHEREAS, the Monroe County Year 20 I 0 Comprehensive Plan (20 I 0 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 pendinf legislation doctrine set forth in Smith v. City of
Clearwater, 383 So. 2D 681 (Fla. 2" DCA 1980), the Board of County Commissioners
hereby directs Growth Management staff to defer the award of modest housing RaGO
points to building permit applications received after 5 p.m. on January 17, 2001 until the
planning commission completes a review of the regulations and recommends an
amendment for adoption by the county commission or the passage of 90 days.
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 RaGa points.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 17 day of January, A.D., 2002.
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Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO Y, FLORIDA
BY
ANNY KOHLAGE, CLERK