DRAFT OF A MONROE COUNTY RESOLUTION

PAGES THREE AND FOUR DEFERRING ROGO AND NROGO ALLOCATIONS IN TIER I AND II AREAS

(Resolution scanned and optical character recognition program utilized and text recomposed in htm format)

 

DRAFT

4. Proposed text for Board of County Commissioners Interim Development Ordinance; and

5.The sworn testimony of the Growth Management Staff; and

6.Advice from John Wolfe, the Planning Commission Counsel; and

7.Comments by the public.

WHEREAS, the Planning Commission has made the following Conclusions of Law based on the evidence and comments presented:

Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed Interim Development Ordinance is consistent with its goals, objectives and policies set forth in the Plan. NOW THEREFORE;

BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE

COUNTY, FLORIDA, that the preceding support its decision to recommend APPROVAL to the Board of County Commissioners of following:

Section 1 Pursuant to Policy 105.2.1, Year 2010 Comprehensive Plan, Natural Areas (Tier I), Transition Areas (Tier II), and Infill Areas (Tier III) are hereby designated, the boundaries, which are described in the following maps, attached hereto, are made part of this ordinance. During the period these interim development regulations are in effect, boundaries may be amended by resolution of the Board of County Commissioners upon the recommendation of the Planning Commission based upon data and considerations used originally to draft the Tier Maps. This shall not be construed to foreclose changes or additions to the original criteria used to determine the Tiers.

Section 2 Pursuant to the pending legislation doctrine set forth in Smith vs. City of

Clearwater 383 So. 2d 681 (FL, 2nd DCA, 1980) the Board of County Commissioners establishes interim regulations in Sections 3, 4,and 5 of this Ordinance that shall remain in full force and effect until either amendments to the Year 2010 Comprehensive Plan and Land Development Regulations are drafted and adopted by the County Commissioners to implement the Florida Keys Carrying Capacity Study and Goal 105 (Tier Map Overlays) of the Comprehensive Plan or two-years, whichever comes first. Prior to the two-year sunset date of this ordinance, the Board of County Commissioners, upon the recommendation of the Planning Commission, may amend this ordinance to extend its provisions an additional 180 days.

Section 3 No ROGO or NR0G0 allocation awards shall be made on any applications within Tier I or Tier II areas with a ROGO/NROGO entry March 13, 2003, or later.

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Section 4 No further R0G0 or NROGO applications within Tier I and Tier II areas shall be accepted or processed by the Growth Management Division effective the date of this ordinance.

Section 5 All buildable vacant lands within Tier I and Tier II areas shall qualify for a ROGO and NROGO land dedication under Section 9.5.122.3(a)((5) and Section 9.5124.8(a)(3), Monroe County Code, effective the date of this ordinance.

Section 6 The County Administrator is directed to have the Growth Management Division immediately begin preparing the draft text and map amendments and other supporting studies in cooperation with the Planning Commission.

 

PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a regular meeting held on the 7th day of May 2003.

 

Chair David C. Ritz, YES

Vice Chair Denise Werling YES

Commissioner Julio Margalli YES

Commissioner Jerry Coleman YES

Commissioner Alicia Putney YES

 

PLANNING COMMISSION OF MONROE COUNTY, FLORIDA

 

BY DRAFT

<>David C. Ritz, Chair

 

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