Resolution 113-20181
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 113 -2018
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TEMPORARILY WAIVING THE INCLUSIONARY
HOUSING REQUIREMENTS OF SECTION 139 -1(B) OF THE MONROE
COUNTY LAND DEVELOPMENT CODE ON AN EMERGENCY BASIS
UNTIL MARCH 21, 2020 FOR THE REDEVELOPMENT OR
REPLACEMENT OF EXISTING RESIDENTIAL DWELLING UNITS
THAT WERE SUBSTANTIALLY DAMAGED OR DESTROYED AS A
RESULT OF HURRICANE IRMA
WHEREAS, the Board of County Commissioners is the legislative body of Monroe
County, Florida; and
.WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe
County" and that the County "may require expedient action in order to protect the health, safety
and welfare of the community;" and
WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
on September 10, 2017, causing substantial damage to and loss of property; and
WHEREAS, the Monroe County Mayor issued other declarations of a State of Local
Emergency between September 12, 2017 and October 11, 2017 due to Hurricane Irma, a "threat
of danger to the populace inhabiting Monroe County" and that the County "may require
expedient action in order to protect the health, safety and welfare of the community;" and
WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which
caused damage to residences, businesses and infrastructure throughout the County; and
WHEREAS, pursuant to Section 139 -1(b) of the Monroe County Land Development
Code (LDC), the redevelopment of three (3) or more dwelling units on a parcel or contiguous
parcels shall be required to develop or redevelop at least 30 percent (30 %) of the residential units
as affordable housing units; and the removal and replacement or conversion to a different use of
ten (10) or more mobile homes or mobile home spaces on a parcel or contiguous parcels shall
require that at least 30 percent (30 %) units be replaced or converted to deed - restricted affordable
housing; and
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WHEREAS, the inclusionary housing requirements did not originally anticipate the
widespread damage and destruction from a natural disaster like Hurricane Irma that can occur to
existing residential dwellings, which then necessitates their redevelopment or replacement; and
WHEREAS, the inclusionary housing requirements were not intended to penalize or
burden residential property owners who must involuntarily. demolish or remove existing
residential dwellings due to substantial damage from a natural disaster like Hurricane Irma; and
WHEREAS, the County has experienced significant damage and destruction to existing
residential dwellings, including mobile homes, resulting from Hurricane Irma; and
WHEREAS, the BOCC wishes to temporarily waive the inclusionary housing
requirements set forth in LDC Section 139 -1(b) for property owners who must redevelop or
replace their homes that were substantially damaged and destroyed due to Hurricane Irma.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
The inclusionary housing requirements of Section 139 -1(b) of the Monroe County Land
Development Code are hereby temporarily waived on an emergency basis until March 21, 2020
for like for like repair, redevelopment or replacement; or for units coming into compliance with
building, flood, and land development codes, of existing residential dwellings that were damaged
or destroyed due to Hurricane Irma, as follows:
1. Proof of the damage or destruction resulting from Hurricane Irma must be
documented through County 'vailding permits applied for no later than March 21,
2020.
2. The waiver shall not apply to any property that has an active development agreement
for the removal and replacement of existing mobile homes with other types of
dwelling units, such as allowed by the affordable housing incentive program pursuant
to LDC Section 139 -2.
This waiver shall not apply to residential repair, redevelopment or replacement of housing units
in permitting prior to Hurricane IRMA, nor shall it apply to residential redevelopment that
increases the overall size of a residential unit.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, , at a regular meeting held on the 21S day of March 2018.
Mayor David Rice
Yes
Mayor Pro Tens Sylvia Murphy
Yes
Commissioner Danny Kolhage
Yes
Commissioner George Neugent
Yes
Commissioner Heather Carruthers
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE C UNTY 'LORIDA
BY
Mayor David ice
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IN MADOK, CLERK
DEPUTY CLERK
VONHng COUNTY A I!t Y
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