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Resolution 041-2021 1 a z 4 5 6 7 MONROE COUNTY,FLORIDA 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 041 -2021 10 ii A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING 13 AGENCY AN ORDINANCE BY MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 15 MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE 16 FUTURE LAND USE ELEMENT AND THE HOUSING ELEMENT TO 17 ESTABLISH A NEW BUILDING PERMIT ALLOCATION CATEGORY 18 TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY 19 EVACUATION UNIT BUILDING PERMIT ALLOCATIONS PURSUANT 20 TO THE WORKFORCE-AFFORDABLE HOUSING INITIATIVE 21 (WORKFORCE INITIATIVE) AUTHORIZED BY THE FLORIDA 22 ADMINISTRATION COMMISSION AND THE FLORIDA DEPARTMENT 23 ECONOMIC OPPORTUNITY BY AMENDING AS WELL AS 24 CLARIFYING POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 25 101.3.10, 101.3.11, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND 26 CREATING NEW POLICY 101.3.12 TO ESTABLISH THE SPECIFIC 27 WORKFORCE INITIATIVE REQUIREMENTS; PROVIDING FOR 28 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 29 PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND 30 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING 31 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE 32 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 33 DATE. (FILE 2020-067) 34 35 36 WHEREAS, the Monroe County Board of County Commissioners conducted a public 37 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review 38 Process in Sec. 163.3184(4), F.S, to the State Land Planning Agency for objections, _... _.. . 39 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 40 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 41 Year 2030 Comprehensive Plan as described above; and 42 43 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of 44 County Commissioners support the requested text amendment; 45 Resolution No.041-2021 Page 1 of 3 File 2020-067 46 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 47 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 48 49 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully 50 set forth herein. 51 52 Section 2. The Board of County Commissioners does hereby adopt the recommendation of the 53 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for 54 adoption of the proposed text amendment. 55 56 Section 3. The Board of County Commissioners does hereby transmit the proposed 57 amendment to the State Land Planning Agency for review and comment in 58 accordance with the State Coordinated Review process pursuant to Section 59 163.3184(4),Florida Statutes. 60 61 Section 4. The Monroe County staff is given authority to prepare and submit the required 62 transmittal letter and supporting documents for the proposed amendment in 63 accordance with the requirements of Section 163.3184(4),Florida Statutes. 64 65 Section 5. Construction and Interpretation. This resolution and its interpretation shall be 66 liberally construed and enforced in favor of Monroe County to effectuate its public 67 purpose(s)and policy(ies)of the County.The construction and interpretation of this 68 resolution and all Monroe County Comprehensive Plan provision(s), Florida ev Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose 70 interpretation arises out of, relates to, or is interpreted in connection with this 71 resolution shall be liberally construed and enforced in favor of Monroe County to 72 effectuate its public purpose(s)and policy(ies)of the County,and shall be deferred 73 in favor of the BOCC and such construction and interpretation shall be entitled to 74 great weight in adversarial administrative proceedings, at trial,bankruptcy, and on 75 appeal. 76 77 Section 6. No Liability.Monroe County expressly reserves and in no way shall be deemed to 78 have waived, for itself or for its officer(s),employee(s),or agent(s), any sovereign, 79 governmental, and any other similar defense, immunity, exemption, or protection 80 against any suit, cause-of-action,demand, or liability. 81 82 Section 7. Severability. If any provision of this resolution, or any part or portion thereof, is 83 held to be invalid or unenforceable by any administrative hearing officer or court 84 of competent jurisdiction, the invalidity or unenforceability of such provision, or 85 any part or portion thereof, shall neither limit nor impair the operation, 86 enforceability,or validity of any other provision of this resolution,or any remaining 87 part(s)or portion(s) thereof. All other provisions of this resolution, and remaining 88 part(s)or portion(s)thereof, shall continue unimpaired in full force and effect. 89 90 Section 8. The Clerk of the Board is hereby directed to forward a certified copy of this 91 resolution to the Director of Planning. Resolution No.041-2021 Page 2 of 3 File 2020-067 92 93 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 94 Florida,at a regular meeting held on the 20th day of January 2021. 95 96 Mayor Michelle Coldiron Yes 97 Mayor Pro Tern David Rice Yes 98 Commissioner Craig Cates Yes 99 Commissioner Eddie Martinez Yes 100 Commissioner Mike Forster Yes 101 102 103 104 BOARD OF COUNTY C• 1A 11 ONERS 105 •p`eg ,, OF MONK E eilitienr FLORpc BY: u . P MAYOR MICHELLE COLDIRON it -r ,,, P co AUOO CY 112 A e- : KE I. ADOK, /LEAK 113 - ARS/STANT COUNTY ATTORNEY Date: 1l8n1 114 AS DEPUTY CLERK 115 116 117 S o o o a A qL g -ri p' 4 S _ T N b. qC. ----- CO C Resolution No.041-2021 Page 3 of 3 File 2020-067 Exhibit A to Transmittal Resolution 1 3 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. -2021 10 11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE 13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE 14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH 15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT 16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION 17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE 18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE 19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION 20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC 21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES 22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY 24 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE 25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING 26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND 29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE 30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-067) 31 32 33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida 34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 35 health, safety,and welfare of the County's citizens; and 36 37 WHEREAS, Section 380.0552, F.S.,the Florida Keys Area protection and designation as 38 area of critical state concern, establishes the intent to "ensure that the population of the Florida 39 Keys can be safely evacuated," [380.0552(2)(j), F.S.] and requires that amendments to each local 40 government's comprehensive plan to include "goals, objectives, and policies to protect public 41 safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation 42 clearance time for permanent residents of no more than 24 hours; and 43 44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth 45 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane 46 evacuation and to protect the significant natural resources of Monroe County, as required by the 47 State of Florida; and Ordinance No. -2021 Page 1 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an 3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce 4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations 5 throughout the Florida Keys for rental workforce housing, with a condition that the rental 6 occupants evacuate in the early phase(48-hour window)of a hurricane evacuation;and 7 8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the 9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the 10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of 11 6.5 hours in Phase I; and 12 13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited 14 by geographic and environmental features,housing supply limited by controlled growth (ROGO) 15 and a tourism economy with a prevalence of lower paying service-sector employment;and 16 17 WHEREAS, the need to protect and preserve an adequate inventory of 18 affordable/workforce accessible housing is a continual as well as a growing challenge in the 19 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to 20 housing units throughout the Florida Keys; and 21 22 WHEREAS, on September 19, 2018, the BOCC directed County staff to draft proposed 23 policy alternatives to the State's Keys Workforce Housing Initiative that address several concerns 24 raised related to the enforceability of the evacuation provisions; and 25 26 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units 27 but took no official action; and 28 29 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to 30 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land 31 Development Code amendments to: 1) move a portion of market-rate Rate Of Growth Ordinance 32 (ROGO) units to the affordable housing allocation pool and/or 2) accept the 300 Workforce 33 Housing units offered by the DEO required to evacuate in Phase 1 of the Hurricane Evacuation 34 model; and 35 36 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process 37 a comprehensive plan and land development code amendment to: 1) move a portion of the 378 38 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable 39 Housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the DEO 40 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on 41 the potential shifting of market rate allocations to the affordable housing pool but did direct staff 42 to start the process to accept the 300 workforce housing units; and 43 44 WHEREAS,on July 15,2020,during a discussion item on potentially shifting market rate 45 allocations to the affordable housing pool, the BOCC provided further direction to staff on 46 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC 47 directed: accept the 300 workforce housing early evacuation unit building permit allocations to be Ordinance No. -2021 Page 2 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 used in exchange for existing affordable allocations at multifamily developments (for developers 2 that agree to the early evacuation restriction)and the affordable housing allocations returned to the 3 County(returned in the exchange)be set aside and banked for takings cases (bank them within an 4 administrative relief pool); and 5 6 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 7 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 8 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 9 manage land use and development; and 10 11 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 12 considered the proposed amendments at a regularly scheduled meeting held on the August 25, 13 2020; and 14 15 WHEREAS, at a regularly scheduled meeting held on October 28, 2020 the Monroe 16 County Planning Commission held a public hearing for the purpose of considering the proposed 17 amendment and provided for public comment; and 18 19 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20 20 recommending approval for the proposed amendment, with edits identified in the resolution for 21 Policies 101.2.2, 101.3.10 and 101.3.12; and 22 23 WHEREAS, the Monroe County Board of County Commissioners is authorized by 24 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business 25 regulations as are necessary for the protection of the public; and 26 27 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe 28 County Board of County Commissioners held a public hearing, considered the staff report, and 29 provided for public comment and public participation in accordance with the requirements of state 30 law and the procedures adopted for public participation in the planning process; and 31 32 WHEREAS, at the January 20, 2021, public hearing, the BOCC voted to transmit the 33 proposed amendments to DEO to review the proposal, with a modification to Policy 101.3.12 to 34 eliminate the requirement for a development agreement: instead requiring a resolution approving 35 a contract: and 36 37 WHEREAS,at the January 20,2021,public hearing,the BOCC adopted Resolution - 38 2021, transmitting the proposed text amendment to the State Land Planning Agency; and 39 40 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 41 Objections, Recommendations and Comments (ORC) report, received by the County 42 on ; and 43 44 WHEREAS, the ORC report stated ; and 45 46 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 47 proposed amendment, adopt the amendment with changes or not adopt the amendment; and Ordinance No. -2021 Page 3 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 2 WHEREAS, at a regularly scheduled meeting on , the BOCC held a 3 public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and 4 5 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 6 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 7 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 8 manage land use and development; and 9 10 WHEREAS, based upon the documentation submitted and information provided in the 11 accompanying staff report, the Monroe County Board of County Commissioners makes the 12 following Conclusions of Law: 13 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 14 Monroe County Year 2030 Comprehensive Plan;and 15 2. The proposed amendment is consistent with the Principles for Guiding Development for 16 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 17 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 20 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 21 22 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: 23 Proposed Amendment: deletions are striekeo..thy:; additions are shown in underlined. I 24 25 Objective 101.2 26 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140, 27 F.A.C., and to maintain the public health, safety, and welfare,Monroe County shall maintain 28 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State 29 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been 30 adopted between the County and all the municipalities and the State agencies. 31 32 Policy 101.2.1 33 Monroe County shall maintain a memorandum of understanding with the State Land 34 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key 35 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable 36 data and analysis,the input variables and assumptions, including regional considerations, 37 for utilizing the Florida Division of Emergency Management's (DEM) Transportation 38 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation 39 clearance times for the population of the Florida Keys. 40 41 Policy 101.2.2 42 Monroe County shall coordinate with all the municipalities, the State Land Planning 43 Agency and Division of Emergency Management to update the variables and assumptions 44 for the evacuation clearance time modeling and analyses of the build-out capacity of the 45 Florida Keys Area of Critical State Concern based upon the release of the decennial Ordinance No._-2021 Page 4 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time 2 modeling by the State Land Planning Agency, which incorporates the 2010 Census data, 3 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197 4 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while 5 maintaining an evacuation clearance time of 24 hours. The County-will adopted a slower 6 rate of annual allocations for market rate development to extend the allocation timeframe 7 to 20262-034 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The 8 County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes 9 for hurricane evacuation clearance time requirement standards; 2) new hurricane 10 evacuation modeling by the State Land Planning Agency and Division of Emergency 11 Management;and 3)a new or revised memorandum of understanding with the State Land 12 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key 13 West,Key Colony Beach and Layton (see Policy 101.2.1). 14 15 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, 16 Monroe County shall establish a new allocation category to accept and award 300 17 workforce housing early evacuation unit building permit allocations pursuant to the 18 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative). These 19 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C.. 20 and shall be required to evacuate in Phase I of the 48-hr evacuation of a pending major 21 hurricane. 22 23 Policy 101.2.3 24 The County will consider capital improvements based upon the need for improved 25 hurricane evacuation clearance times. The County will coordinate with the FDOT, the 26 state agency which maintains U.S.1, to ensure transportation projects that improve 27 clearance times are prioritized. 28 29 Policy 101.2.4 30 In the event of a pending major hurricane (Category 3-5) Monroe County shall 31 implement the following staged/phased evacuation procedures to achieve and maintain 32 an overall 24-hour hurricane evacuation clearance time for the resident population. 33 I. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation 34 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard 35 vessels(transient and non-transient),awl military personnel and units approved, and 36 deed restricted as workforce housing early evacuation units from the Florida Keys 37 shall be initiated.State parks and campgrounds should be closed at this time or sooner 38 and entry into the Florida Keys by non-residents should be strictly limited. 39 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation 40 of mobile home residents, special needs residents, and hospital and nursing home 41 patients from the Keys shall be initiated. 42 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased 43 evacuation of permanent residents by evacuation zone (described below) shall be 44 initiated. Existing evacuation zones are as follows: 45 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) 46 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40) Ordinance No. -2021 Page 5 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40- 2 63) 3 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM 4 63-106.5 and MM 1-9.5 of CR 905) 5 e)Zone 5 -905A to, and including Ocean Reef(MM 106.5-126.5) 6 7 The actual sequence of the evacuation by zones will vary depending on the individual 8 storm. The concepts embodied in this staged evacuation procedures should be embodied 9 in the appropriate County operational Emergency Management Plans. 10 11 The evacuation plan shall be monitored and updated on an annual basis to reflect 12 increases,decreases and or shifts in population;particularly the resident and non-resident 13 populations. 14 15 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number 16 of allocations to more than 197 residential units a year, except for affordable housing. 17 Any increase in the number of allocations shall be for affordable housing.Monroe County 18 hereby accepts 300 workforce(affordable) housing early evacuation unit building permit 19 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12 20 Workforce Initiative) authorized by the Florida Administration Commission and the 21 Florida Department Economic Opportunity. These allocations are in addition to the 22 maximum allocations identified in Rules 28-20. F.A.C., shall be restricted to rental 23 occupancy for those who derive at least 70%of their income as members of the workforce 24 in Monroe County and who meet the affordable housing income categories of the Monroe 25 County Land Development Code. The allocations shall be required to evacuate in Phase 26 I of the 48-hr evacuation of a pending major hurricane. No new additional residential 27 dwelling unit allocations shall be authorized within the Phase I of the 48-hr evacuation 28 unless approved and provided by the Florida Administration Commission and the Florida 29 Department Economic Opportunity after review of hurricane evacuation modeling results 30 by the State Land Planning Agency and the Division of Emergency Management of 31 available evacuation capacity and a review of the level of service and available capacity 32 for all public facilities. 33 34 Objective 101.3 35 Monroe County shall regulate new residential development based upon the finite carrying 36 capacity of the natural and man-made systems and the growth capacity while maintaining a 37 maximum hurricane evacuation clearance time of 24 hours. 38 39 Policy 101.3.1 40 Monroe County shall maintain a Permit Allocation System for new residential 41 development known as the Residential Rate of Growth Ordinance (ROGO) System. The 42 Permit Allocation System shall limit the number of permits issued for new residential 43 dwelling units. The ROGO allocation system shall apply within the unincorporated area 44 of the county, excluding areas within the county mainland and within the Ocean Reef 45 planned development (Future development in the Ocean Reef planned development is 46 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter 47 recognized and issued by the Department of Community Affairs). New residential Ordinance No. -2021 Page 6 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 dwelling units included in the ROGO allocation system include the following: affordable 2 housing units; market rate dwelling units; mobile homes; end institutional residential 3 units (except hospital rooms}and workforce housing early evacuation units. 4 5 Vessels are expressly excluded from the allocation system, as the vessels do not occupy 6 a distinct location, and therefore cannot be accounted for in the County's hurricane 7 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels, 8 or associated wet slips be transferred upland or converted to a dwelling unit of any other 9 type. Vessels or associated wet slips are not considered ROGO allocation awards, and 10 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO 11 Exemption). 12 13 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential 14 units;and seasonal residential units are subject to Policy 101.3.5. 15 16 Policy 101.3.2 17 The number of permits issued for residential dwelling units under the Rate of Growth 18 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 19 2013 through July 12,2026,plus any available unused ROGO allocations from a previous 20 ROGO year and 300 workforce housing early evacuation unit building permit allocations 21 authorized by the Florida Administration Commission and the Florida Department 22 Economic Opportunity.A ROGO year means the twelve-month period beginning on July 23 13. Market rate allocations shall not to exceed 126 residential units per year. Unused 24 allocations for market rate shall be available for Administrative Relief. 25 26 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity 27 completed the hurricane evacuation clearance time modeling task and found that with 10 28 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation 29 clearance time. This creates challenges for State of Florida and Monroe County as there 30 are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II,260 Tier 111-A(SPA); 31 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may 32 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits 33 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds 34 the total number of allocations which the State will allow the County to award,the County 35 adopted a slower rate of annual allocations for market rate development to extend the 36 allocation timeframe to 2026 and is accepting 300 workforce (affordable) housing early 37 evacuation unit building permit allocations pursuant to the Workforce-Affordable 38 I lousing Initiative (Policy 1013.12 Workforce Initiative) authorized by the Florida 39 Administration Conunission and the Florida Department Economic Opportunity. These 40 workforce housing early evacuation allocations that are in addition to the maximum 41 building permit allocations identified in Rules 28-20, F.A.C. The County will consider 42 adopting an extended timeframe for distribution of the ROGO allocations through 2033 43 with committed financial support from its State and Federal partners. This timeframe can 44 provide a safety net to the County and provide additional time to implement land 45 acquisition and other strategies to reduce the demand for ROGO allocations and help 46 transition land into public ownership. 47 Ordinance No. -2021 Page 7 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 The County is actively engaged in acquisitions and is requesting its State and Federal 2 partners for assistance with implementing land acquisitions in Monroe County. The 3 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026 over 4 a 10 yutr-tim,F,n.,,. If substantial financial support is provided by July 12, 2-0482023, 5 the County will reevaluate the ROGO distribution allocation schedule and consider an 6 extended timeframe for the distribution of market rate allocations (through a 7 comprehensive plan amendment). Further,the State and County shall develop a mutually 8 agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private 9 Property Rights Protection Act cases, with the State having an active role both directly 10 and financially in the defense of such cases. 11 12 The County shall distribute ROGO allocations by ROGO year, as provided in the table 13 below. 14 ROGO Year Annual Allocation Market Rate Affordable Housing Workforce Initiative July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13, 2015—July 12,2016 126 July 13,2016—July 12,2017 126 July 13,2017—July 12,2018 126 N/A July 13,2018—July 12,2019 126 July 13,2019—July 12, 2020 126 568 total AFH July 13,2020—July 12,2021 64 (total available July 13,2021 July 12, 2022 64 immediately) July 13,2022—July 12,2023 64 July 13,2023 July 12,2024 62 300** July 13,2024—July 12,2025 62 July 13,2025—July 12, 2026 62 TOTAL 1,260 710* 300** *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. ** Workforce housing early evacuation unit allocations shall be available countywide (unincor op rated county)and distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed- Irestricted utilizing the workforce housing early evacuation unit allocations are subject to the provisions of .Policy 101.3.12.15 16 The State of Florida, pursuant to Administration Commission Rules, may modify the 17 annual allocation rate. Monroe County will request a Rule change from the 18 Administration Commission to authorize the above allocation timeframe and rate. 19 20 21 Ordinance No._-2021 Page 8 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 Policy 101.3.3 2 Monroe County shall allocate at least 20% of the annual allocation, or as may be 3 established by the State of Florida, pursuant to Administration Commission Rules, to 4 affordable housing units as part of ROGO. Any portion of the allocations not used for 5 affordable housing shall be retained and be made available for affordable housing from 6 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and 7 workforce housing early evacuation units shall meet the criteria specified in Policy 8 601.1.4 and the Land Development Code, but shall not be subject to the competitive 9 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed 10 for affordable housing or workforce housing early evacuation units shall not be located 11 within an area designated as Tier I as set forth under Goal 105 or within a Tier 111-A 12 Special Protection Area as set forth in Policy 205.1.1. 13 14 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing 15 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of 16 the following criteria: 17 1. The property contains an existing market rate dwelling unit that meets the criteria in 18 LDC Section 138-22(a) and is determined to be exempt from ROGO; 19 2. The proposed replacement affordable dwelling unit meets current Florida Building 20 Code and is not a mobile home; 21 3.The proposed replacement dwelling unit shall be deed restricted for a period of at least 22 99 years as affordable housing pursuant to the standards of the Land Development 23 Code; and 24 4. The proposed site plan for the replacement affordable dwelling unit does not propose 25 any additional clearing of habitat. 26 27 Policy 101.3.4 28 The Permit Allocation System (or Rate of Growth Ordinance) for new residential 29 development shall specify procedures for: 30 1.establishing the annual number of permits for new residential units to be issued during 31 the next ROGO year based upon, but not limited to the following: 32 a.expired allocations and building permits in previous year; 33 b. allocations available, but not allocated in previous year; 34 c. number of allocations borrowed from future quarters; 35 d. vested allocations; 36 e. modifications required or provided by Administration Commission Rules; 37 f. modifications required or provided by this plan or agreement pursuant to Chapter 38 380, Florida Statutes;and 39 g. receipt or transfer of affordable housing allocations by intergovernmental 40 agreement; and 41 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation 42 Clearance Time Memorandum of Understanding. 43 2. allocation of affordable housing. workforce housing early evacuation units and market 44 rate housing units in accordance with Policies 101.3.2 and 101.3.3; and 45 3. timing of the acceptance of applications, evaluation and scoring of applications, and 46 issuance of permits for new residential development during the calendar year. 47 Ordinance No. -2021 Page 9 of 19 File 2020-067 Exhibit A to Transmittal Resolution 1 Policy 101.3.5 2 Due to the limited number of allocations and the States requirement that the County 3 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County 4 shall prohibit new transient residential allocations for hotel or motel rooms, campground 5 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. 6 Lawfully established transient units shall be entitled to one unit for each type of unit in 7 existence before January 4, 1996 for use as a ROGO exemption. (Ord.No. 024-2011) 8 9 Policy 101.3.6 10 All public and institutional uses (except hospital rooms) that predominately serve the 11 County's non-transient population and which house temporary residents shall be subject 12 to the Permit Allocation System for residential development, except upon factual 13 demonstration that such transient occupancy is of such a nature so as not to adversely 14 impact the hurricane evacuation clearance time of Monroe County. 15 16 • • • • * « 17 18 Policy 101.3.9 19 For those ROGO applications and properties which have not received a ROGO award for 20 four consecutive years and have applied for administrative relief, which are designated 21 Tier 1, II, or IIIA, the County or the State shall offer to purchase the property if funding 22 for such is available. Refusal of the purchase offer shall not be grounds for granting a 23 ROGO award. 24 25 Policy 101.3.10 26 Notwithstanding any other provision of the Plan. except the last sentence of this Policy 27 101.3.10, building ROGO allocations utilized for affordable housing projects may be 28 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys 29 ROGO subarea,and between local govemment jurisdictions within the Florida Keys Area 30 of Critical State Concern (ACSC). Any such transfer of affordable housing allocations 31 between local government jurisdictions must be accomplished through an interlocal 32 agreement between the sending and receiving local governments. Interlocal agreements 33 that involve assigning the County's affordable housing(not includin affordable housing 34 allocations banked for takings cases) allocations to e.visling dwelling units within a 35 municipality with a requirement that the associated market rate ROGO/BPAS exemptions 36 be transferred into the unincorporated County as an exchan e for the affordable housing 37 allocations transferred to the municipality, shall be accomplished through a minor 38 conditional use permit approval and shall he subject to the receiver site criteria in Policy 39 101.6.8 and may be transferred to any subarea within the unincorporated County. In no 40 event shall the County (1) pool and transfer workforce housing early evacuation unit 41 allocations between ROGO sub-areas, (2) transfer workforce housing early evacuation 42 unit allocations to another government jurisdiction. (3) receive workforce housing early 43 evacuation unit building allocations from another government jurisdiction. or(4)transfer 44 affordable housing ROGO allocations received by the County in exchange for workforce 45 housing early evacuation unit allocations to another government jurisdiction. 46 47 Ordinance No. -2021 File 2020-067 Page 10 of 19 Exhibit A to Transmittal Resolution 1 Policy 101.3.11 2 Monroe County may receive additional building permit allocations pursuant to the 2012 3 completed hurricane evacuation clearance time modeling and allocation 4 recommendations by the State Land Planning Agency and the Administration 5 Commission's direction that the City of Key West would transfer annually(by July 15th) 6 any remaining unused allocations for that year to the other Florida Keys' local 7 governments based upon the local governments' ratio of vacant land. Any transferred 8 allocations from the City of Key West to Monroe County shall be made available for 9 Administrative Relief Monroe County may receive, and award 300 building permit 10 allocations designated as workforce housing early evacuation units pursuant to the 11 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as 12 provided by the Florida Administration Commission and the Florida Department 13 Economic Opportunity. These allocations that arc in addition to the maximum allocations 14 identified in Rules 28-20. F.A.C.. and shall be required to evacuate in Phase I of the 48- 15 hr evacuation of a pending major hurricane. 16 17 Policy 101.3.12 18 Workforce Initiative. To support Monroe County's workforce by alleviating constraints 19 on affordable housing, to protect private property rights and address potential liability 20 the County is participating in the Workforce-Affordable Housing Initiative (Workforce 21 Initiative), as approved during the June 13, 2018 meeting of the Florida Administration 22 Commission. Monroe County accepts the 300 workforce housing early evacuation 23 building permit allocations pursuant to the Workforce-Affordable Housing Initiative 24 authorized by the Florida Administration Commission and the Florida Department 25 Economic Opportunity. The Worktorce-Affordable I lousing Initiative will require 26 dwelling units constructed and/or deed restricted with workforce housing early 27 evacuation building permit allocations to evacuate occupants in Phase 1 of the 48-hr 28 evacuation of a pending major hurricane, pursuant to the criteria below. 29 30 To participate in the Workforce Initiative, Monroe County shall be responsible for the 31 management. distribution. and enforcement of requirements associated with the 32 workforce housing early evacuation building permit allocations. Monroe County shall 33 ensure adherence to these requirements through implementation of this policy and shall 34 annually provide to the Florida Department Economic Opportunity a report indicating the 35 number of workforce housing early evacuation units built and/or deed restricted. 36 occupancy rates, and compliance with the requirement to evacuate the units in Phase I of 37 an evacuation. The annual report shall be provided to the State in a timely manlier such 38 that the State may include the information in the required Annual Report to the Governor 39 and Cabinet on the County's progress toward completion of its Work Program pursuant 40 to Rule 28-20. F.A.C. 41 42 Dwelling units developed and/or deed restricted utilizing the workforce housing early 43 evacuation unit allocations are subject to the following: 44 45 (a) Requests for workforce housing early evacuation unit allocations shall be available 46 only for a I for I exchange for affordable allocations/exemptions and require a 47 reservation via BOCC resolution. The BOCC may- at its discretion, place Ordinance No. -2021 File 2020-067 Page II of 19 Exhibit A to Transmittal Resolution 1 conditions on any reservation as it deems appropriate. The BOCC may. at its 2 discretion, exchange existing reserved affordable allocations for allocations under 3 the Workforce Initiative to private development and nonprofit sector partners 4 willing to meet the requirements of the workforce housing early evacuation unit 5 allocations. Further, the BOCC may, at its discretion, approve the exchange of 6 existing deed-restricted affordable housing units(lawful affordable exemptions) at 7 existing multifamily residential developments for allocations under the Workforce 8 Initiative to private development and nonprofit sector partners willing to meet the 9 requirements of the workforce housing early evacuation unit allocations. 10 (I) The affordable allocations returned to the County in exchange for workforce 11 housing early evacuation unit allocations shall be banked and used for future 12 administrative relief, beneficial use determinations and to resolve inverse 13 condemnation cases and Bert J. Harris, Jr. Private Properly Rights Protection 14 Act cases. 15 (2) To maintain consistency with Rule 28-20.140(2)(h). F.A.C., the affordable 16 allocations returned to the County shall be maintained as affordable allocations 17 and shall also be returned to the original affordable housing category (very 18 low/low/median income vs.moderate income pool). 19 (3)The workforce housing early evacuation unit allocations must be utilized based 20 on the original approved affordable housing income category or a lesser income 21 category. 22 (4) Administrative relief means actions taken by the County granting the owner of 23 real property relief from the continued application of the Rate of Growth 24 Ordinance (ROGO) restrictions provided they meet the criteria established in 25 the Comprehensive Plan and Land Development Code. 26 (5) Beneficial use means the use of property that allows an owner to derive a benefit 27 or profit in the exercise of a basic property right. For the purpose of this policy. 28 beneficial use shall mean the minimum use of the property necessary to avoid 29 the finding of a regulatory taking under current land use case law. 30 (b) The construction of dwelling units, the redevelopment or the deed restriction of 31 existing dwelling units utilizing workforce housing early evacuation unit 32 allocations shall require approval of a resolution approving a contract between the 33 BOCC and the applicant to officially exchange the allocations and confirm 34 compliance with the requirements Workforce Initiative within this Policy. 35 (c) All workforce housing early evacuation units require a deed-restriction ensuring: 36 (I) Before any building permit may be issued fur any structure, portion or phase of 37 a project subject to the Workforce Initiative, a restrictive covenant shall be 38 approved by the Planning Director and County Attorney and recorded in the 39 Office of the-Clerk of the County to ensure compliance with the provision of 40 this section running in favor of the County and enforceable by the County and. 41 if applicable. a participating municipality. The following requirements shall 42 apply to these restrictive covenants: 43 a. The covenants for any workforce housing early evacuation units shall be 44 effective for 99 years. 45 b. The covenants shall not commence running until a certificate of occupancy 46 has been issued by the Building Official for the dwelling unit or dwellin 47 units to which the covenant or covenants apply. Ordinance No. -2021 File 2020-067 Page 12 of 19 Exhibit A to Transmittal Resolution 1 c. For existing dwelling units that are deed-restricted as workforce housing 2 early evacuation units. the covenants shall commence running upon 3 recordation in the Official Records of Monroe County. 4 (2) The covenants shall require that the workforce housing early evacuation units 5 to be restricted to rental occupancy for those who derive at least 70% of their 6 income as members of the workforce in Monroe County and who meet the 7 affordable housing income categories of the Monroe County Land 8 Development Code. The occupants are required to annually verify their 9 employment and/or income eligibility. 10 (3) The covenants shall require occupants to evacuate in Phase I of the 48-hr 11 evacuation of a pending maior hurricane. Persons living in the workforce 12 housing early evacuation units who may be exempted from evacuation 13 requirements are limited to law enforcement, correctional and fire personnel. 14 health care personnel, and public employees with emergency management 15 responsibilities. If there is an occupant that indicates their employment is 16 considered a`first-responder position'and not included in the list of exemptions 17 above, then the Planning Director shall determine, in writing, whether the 18 person may be exempted because of a requirement to remain during an 19 emergency. Any person claiming exemption under this provision shall submit 20 of an affidavit of qualification and faithfully certify their status with the onsite 21 property management. 22 14) The covenants shall require rental agreements which contain a separate 23 disclosure requiring rental occupants to acknowledge the existing restrictive 24 covenant on the unit requiring evacuation in Phase I of the 48-hr evacuation 25 and that failure to adhere to the Phase 1 evacuation requirement could result in 26 severe penalties, including eviction,to the occupant. 27 f5) The covenants shall require onsite property managers and a separate 28 employment disclosure requiring the maintenance of training in evacuation 29 procedures and an acknowledgement that failure to adhere to the Phase I 30 evacuation requirement could result in severe penalties, including termination. 31 (dl Workforce housing early evacuation units shall be restricted to rental occupancy 32 for those who derive at least 70% of their income as members of the workforce in 33 Monroe County and who meet the affordable housing income categories of the 34 Monroe County Land Development Code. Workforce means individuals or families 35 who are gainfully employed supplying goods and/or services to Monroe County 36 residents or visitors. 37 (e) Workforce housing early evacuation units shall require onsite property 38 management with property managers trained in evacuation procedures and required 39 to manage the evacuation of tenants in Phase I of an evacuation. During traditional 40 working hours, the property manager must be at an office within the workforce 41 housing early evacuation unit development subject property. Outside the traditional 42 working hours. the property manager must be available at all times to respond to 43 evacuation orders. 44 (f) The property management entity for the workforce housing early evacuation units 45 shall be required to annually verify the employment and income eligibility of 46 tenants: report the total units on the site, the occupancy rates of units. and tenant 47 compliance with the requirement to evacuate the units in Phase I of an evacuation. Ordinance No. -2021 File 2020-067 Page 13 of 19 Exhibit A to Transmittal Resolution 1 including the number of occupants that are exempt from the evacuation 2 requirements. The property management entity must submit a report to the Planning 3 and Environmental Resources Department by May I of each year. Further, each 4 lease and this annual report shall be kept by the property manager and be available 5 for inspection by the County during traditional working hours. 6 (g) Workforce housing early evacuation units shall be located within an area designated 7 as Tier Ill. 8 (h) Workforce housing early evacuation units shall not be located in the V-Zone or 9 within a Coastal Barrier Resource System (CBRS). 10 (i) Workforce housing early evacuation units shall be located on a property which has 11 all infrastructure available (potable water, adequate wastewater treatment and 12 disposal wastewater meeting adopted LOS, paved roads, etc.). 13 (j) All workforce housing early evacuation units must demonstrate compliance with 14 all applicable federal standards for accessibility for persons with disabilities(ADA 15 Compliance). 16 (k) To the greatest extent practicable, a development utilizing workforce housing early 17 evacuation unit allocations shall incorporate sustainable and resilient design 18 principles into the overall site design and be accessible to employment centers in 19 Key West, Stock Island and Marathon. 20 21 GOAL 601 22 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and 23 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the 24 population based on type, tenure characteristics, unit size and individual preferences. 25 26 Objective 601.1 27 To ensure that affordable housing opportunities are available throughout the entire community 28 and to maintain a balanced and sustainable local economy and the provision of essential 29 services. Monroe County shall implement the following defined policies to reduce estimated 30 affordable housing need for its workforce and households in the very low, low, median and 31 moderate income classifications. 32 33 Policy 601.1.1 34 Monroe County shall maintain land development regulations, in conjunction with the 35 Permit Allocation System,for apportioning future affordable housing development on an 36 - 37 38 Policy 601.1.2 39 Monroe County shall continue expand its participation in Federal and State housing 40 assistance programs to rehabilitate owner and rental housing for very low, low, median, 41 and moderate income residents by seeking grants, loans, and technical assistance in 42 conjunction with the Monroe County Housing Authority by May I. 202I. 43 44 Policy 601.1.3 45 The Monroe County Land Authority shall maintain a list of buildable properties owned 46 or targeted for acquisition by the Land Authority which potentially could be donated or 47 made available for affordable housing. This list will be updated annually and made Ordinance No. -2021 File 2020-067 Page 14 or 19 Exhibit A to Transmittal Resolution 1 available to the public.The guidelines established in Policies 601.1.10 and 601.1.11 shall 2 be considered in the formulation of this list. 3 4 Policy 601.1.4 5 All affordable housing projects which receive development benefits from Monroe 6 County, including but not limited to ROGO allocation award(s) reserved for affordable 7 housing, maximum net density, or donations of land, shall be required to maintain the 8 project as affordable for a period of 99 years pursuant to deed restrictions or other 9 mechanisms specified in the Land Development Code, and administered by Monroe 10 County or the Monroe County Housing Authority. 11 12 Policy 601.1.5 13 If Monroe County funding or County-donated land is to be used for any affordable 14 housing project, alternative sites shall be assessed according to the following guidelines: 15 1. The location of endangered species habitat. Sites within known, probable, or 16 potentially suitable threatened or endangered species habitat shall be avoided. 17 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall 18 be determined according to the ranking specified in the Environmental Design 19 Criteria section of the Land Development Code. Disturbed sites shall be selected, 20 unless no feasible alternative is available. 21 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be 22 avoided. 23 4. The level of service provided in the vicinity for all public facilities. Areas which are 24 at or near capacity for one or more public facility should be avoided. 25 5. Proximity to employment and retail centers. Sites within five miles of employment 26 and retail centers shall be preferred. 27 28 Policy 601.1.6 29 Monroe County shall identify funding sources that could be made available to support 30 community-based non-profit organizations such as Habitat for Humanity in their efforts 31 to provide adequate affordable housing. 32 33 Policy 601.1.7 34 Monroe County shall continue to participate in the State Housing Incentives Partnership 35 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe 36 County shall also continue to maintain a Local Housing Assistance Plan and Affordable 37 Housing Incentive Strategies as specified in the Act and recommended by the Monroe 38 County Affordable Housing Advisory Committee. 39 40 Policy 601.1.8 41 Monroe County shall allocate at least 20%of the annual ROGO allocation, or as may be 42 established by the State of Florida, pursuant to Administration Commission Rules, to 43 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for 44 this separate allocation must meet the criteria established in the Land Development Code. 45 Monroe County may award 300 additional building permit allocations designated as 46 workforce housing early evacuation units pursuant to the Workforce-Affordable Housing 47 Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida Ordinance No. -2021 File 2020-067 Page 15 of 19 Exhibit A to Transmittal Resolution 1 Administration Commission and the Florida Department Economic Opportunity. 2 allocations are in addition to the maximum allocations identified in Rules 28-20. F.A.. 3 are restricted to rental occupancy for those who derive at least 70% of their income as 4 members of the workforce in Monroe County and who meet the affordable housing 5 income categories of the Monroe County Land Development Code, and shall he required 6 to evacuate in Phase I of the 48-hr evacuation of a pending major hurricane. 7 8 Policy 601.1.9 9 Monroe County shall maintain land development regulations which may include density 10 bonuses, impact fee waiver programs, and other possible regulations to encourage 11 affordable housing. 12 13 Policy 601.1.10 14 The Land Authority may acquire land for affordable housing projects if they are deemed 15 appropriate and acceptable by the Land Authority as meeting the intent of: 16 I. the affordable housing provisions in the Land Authority's enabling legislation; 17 2. the goals, objectives and policies of this Plan; and 18 3. the land use designations specified on the Future Land Use Map and in the Monroe 19 County Land Development Regulations. 20 21 Policy 601.1.11 22 The Land Authority shall not list or acquire vacant lands as potential affordable housing 23 sites if the lands exhibit any of the following characteristics: 24 I. Any portion of the land lies within a known, probable, or potentially suitable 25 threatened or endangered species habitat. 26 2. The land has a Tier designation other than Tier III. 27 3. The land is located in a V-Zone,on an offshore island or within a CBRS unit. 28 29 Policy 601.1.12 30 Monroe County shall annually monitor the eligibility of the occupants of housing units 31 which have received special benefits, including but not limited to those issued under the 32 affordable housing provisions specified in the Land Development Code or those issued 33 through the Permit Allocation System. If occupants no longer meet the eligibility criteria 34 specified in the Plan and in the Land Development Code,and their eligibility riod has 35 not expired, then Monroe County may take any one or a combination of the following 36 actions: 37 I. require the payment of impact fees, if they were waived; 38 2. proceed with remedial actions through the Department of Code Compliance, as a 39 violation of the Monroe County Code; 40 3. take civil court action as authorized by statute, common law, or via agreement 41 between an applicant and the County; and/or 42 4. require the sale or rental of the unit(s)to eligible occupants. 43 44 Policy 601.1.13 45 Monroe County shall maintain land development regulations on inclusionary housing and 46 shall evaluate expanding the inclusionary housing requirements to include or address Ordinance No. -2021 File 2020-067 Page 16 of 19 Exhibit A to Transmittal Resolution 1 nonresidential and transient development and redevelopment based on specific data and 2 analysis. 3 4 Objective 601.2 5 Monroe County shall adopt programs and policies to encourage housing of various types, sizes 6 and price ranges to meet the demands of current and future residents 7 8 Policy 601.2.1 9 Public-private partnerships shall be encouraged to improve coordination among 10 participants involved in housing production. In these efforts, the County will establish a 11 comprehensive central depository for housing information located at the Monroe County 12 Housing Authority and Growth Management Division for the coordination and 13 cooperation among public and private agencies which collect and use housing data. 14 15 Objective 601.3 16 Monroe County shall continue implementation efforts to eliminate substandard housing and to 17 preserve, conserve and enhance the existing housing stock, including historic structures and 18 sites. 19 20 Policy 601.3.1 21 Monroe County shall coordinate with other County agencies to monitor housing 22 conditions. Standards for evaluation of the structural condition of the housing stock are 23 summarized below: 24 Sound: Most housing units in this category are in good condition and have no visible 25 defects. However, some structures with slight defects are also included. 26 27 Deteriorating: A housing unit in this category needs more repair than would be 28 provided in the course of regular maintenance, such as repainting. A housing unit is 29 classified as deteriorating when its deficiencies indicate a lack of proper upkeep. 30 31 Dilapidated(Substandard):A housing unit in this category indicates that the unit can 32 no longer provide safe and adequate shelter or is of inadequate original construction 33 including being constructed below the minimum required elevation by FEMA or the 34 County's Floodplain Regulations. 35 36 Policy 601.3.2 37 The County Code Compliance Office and Building Department will enforce building 38 code regulations and County ordinances governing the structural condition of the housing 39 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of 40 residential neighborhoods. 41 42 Policy 601.3.3 43 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban 44 Development (HUD) rental rehabilitation programs by the Monroe County Housing 45 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate 46 increased private reinvestment in housing by providing information, technical assistance Ordinance No. -2021 File 2020-067 - Page 17 of 19 Exhibit A to Transmittal Resolution 1 in applications for federal and State funding, or provide local public funds for 2 rehabilitation purposes. 3 4 Policy 601.3.4 5 Monroe County shall encourage identification and improvement of historically 6 significant housing through the coordination of public information programs defining 7 benefits and improvement funding sources. 8 9 Objective 601.4 10 Monroe County shall maintain land development regulations which allow group homes and 11 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as 12 subsidized housing for elderly residents of the County, to be located in residential areas as 13 appropriate. 14 15 Policy 601.4.1 16 Monroe County shall maintain land development regulations which permit group homes 17 and foster care facilities (homes of six or fewer residences which otherwise meet the 18 definition of Community Residential Home pursuant to F.S. § 419.001(I)(a)) licensed or 19 funded by the DOH in all land use categories which permit residential development where 20 consistent with other goals, objectives, and policies of this Comprehensive Plan. 21 22 Policy 601.4.2 23 The County shall identify and evaluate alternative strategies to expand subsidized housing 24 programs for elderly residents of Monroe County through coordination with the Monroe 25 County Housing Authority, and encourage their development by private, community- 26 based non-profit, or public entities, as well as public/private partnerships. 27 28 Objective 601.5 29 The County shall provide uniform and equitable treatment for persons and businesses displaced 30 by state and local government programs, consistent with F.S. § 421.55. 31 32 Policy 601.5.1 33 By May 1, 20172024, Monroe County shall adopt uniform relocation standards for 34 displaced households. 35 36 37 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 38 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 39 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 40 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 41 provision immediately involved in the controversy in which such judgment or decree shall be 42 rendered. 43 44 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 45 this ordinance are hereby repealed to the extent of said conflict. 46 Ordinance No. -2021 File 2020-067 Page 18 of 19 Exhibit A to Transmittal Resolution 1 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 2 Planning Agency as required by F.S. 380.05 (I I)and F.S. 380.0552(9). 3 4 Section 5. Filial'; This ordinance shall be filed in the Office of the Secretary of the State 5 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency 6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 7 Statutes and after any applicable challenges have been resolved. 8 9 Section 6. Inclusion in the Monroe Counts/ Comprehensive Plan. The text amendment 10 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing 11 amendment may be renumbered to conform to the numbering in the Monroe County 12 Comprehensive Plan. 13 14 Section 7. Effective Date. This ordinance shall become as provided by law and stated 15 above. 16 17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 18 Florida, at a regular meeting held on the day of 19 20 Mayor Michelle Coldiron 21 Mayor Pro Tern David Rice 22 Commissioner Craig Cates 23 Commissioner Eddie Martinez 24 Commissioner Mike Forster 25 26 27 28 BOARD OF COUNTY COMMISSIONERS 29 OF MONROE COUNTY, FLORIDA 30 31 BY 32 MAYOR MICHELLE COLDIRON 33 34 (SEAL) 35 36 ATTEST: KEVIN MADOK, CLERK 37 38 _ AS DEPUTY CLERK 39 Ordinance No. -2021 File 2020-067 Page 19 of 19 �C�rrzEN The F(orr]e Keys OnN MYy Newspaper Est 1876 PO Sat IS ,Key West L 33041 P(305)2924777ex:213 5:(305)2954025 I net®MWMwnco'n MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HVVY KEY LARGO FL 33037 Account 138890 Ticket: 373683 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF MONROE [Iegel.Sext] yBeeffore vilulu-nnderlsiggneddaauthority �personally appeared 1 ' I""( II/`()eo H ,who on oath says that he or she is Cl h i• 1�( • or the Key Lest Citizen,a dolly newspaper sou ad Key In Monroe County Florida;that the atmaed copy of advenisment being a legal notice in the matter of was published in said newspaper in the issues of Sunday,January 3,2021 -_ Affiant further says that the Key West Citizen is a newspaper published in Key West in said Monroe County,Florida and that the said newspapers has hereto- fore been continuously published In saki Monroe County,Florida every day,and has been entered as periodinla Matter at the post office in Key Nest.in said Monroe County.Fonda.for a period of 1 year next preceding the first publication of the attached copy of advertisement',and aflant further says that he cr she has neither paid nor promised any person,firm or corporation any discount rebate. commission or refund for the purpose of securing this advertisement for publica- tion in a said 0 ant a Su fore me this 4th day of January 2021 U IC S. ) C (Notary Pic Printed Name) (Notary Seal) My commission earns 67-93 Personally Known_ Produced Identification_ Type of Identification Produced Sueynn Stamper It. COMMISSIONscomeo2 EXPIRE&aM�Ju� n 22 ao 7,'12-0y222 MONPMCWLN-3)]6g3-I papal I •a Bonded lieu Aaron R 1/ID31 1tle PMM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO THE MONROE COUNTY COMPREHENSIVE PLAN January 20, 2021 NOTICE IS HEREBY GIVEN that on Wednesday,January 20,2021 the Monroe County Board of County Commissioners will hold a Public Meeting, beginning at 09:00 AM.The BOCC meeting will be a hybrid format with the County Commission members meeting live in Marathon, while the public will be able to participate via Zoom Webinar.The following items will be considered at a PUBLIC MEETING: A_RESOL J)ON.$ET11NG THE_DATEJIME.AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY OF PINE DRIVE,AS SHOWN ON THE PLAT OF PINE HAMMOCK SUBDIVISION,PLAT BOOK 3,PAGE 163,BOUNDED ON THE NORTH BY DON'S COURT;BOUNDED ON THE WEST BY TRACT D AND E,PINE KEY ACRES;BOUNDED ON THE SOUTH BY PINE DRIVE;AND BOUNDED ON THE EAST BY BLOCK 1.LOTS 5-10.(FILE 2020-119) PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard): AN_ORDINANICF—BY._INE_M9NROE_CQUNTY BOARD IE GOUNTY_COMMI IONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE INITIATIVE)AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11,601.1,601.1.1,601.1.2,601.1.8, 601.1111,601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE REQUIREMENTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-067) AN_ORDINANCE BY THE MONROE COSJNrLBQARLLOF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY TO MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY STRUCTURE, MODIFY THE DEFINITION OF DWELLING UNIT, DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION OF HOUSEHOLD, CREATE A DEFINITION FOR KITCHEN, CREATE A DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF TRANSIENT UNIT;CREATE A DEFINITION FOR WET BAR;AND AMENDING POLICY 101.3.5 TO ADDRESS THE TERM LOCK-OUT UNIT;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-098) AN ORDINANCE BY MONROE_Sr_QUNTY BOARD OF COS COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 501.1.7, OBJECTIVE 501.2, POLICY 501.2.1, POLICY 501.2.2, POLICY 501.2.3 AND POLICY 501.5.3 OF THE PORTS,AVIATION AND RELATED FACILITIES ELEMENT TO ALLOW AIRPORT IMPROVEMENTS,WHICH MAY IMPACT WETLAND AREAS WHEN THERE IS NO OTHER VIABLE ALTERNATIVE AVAILABLE, AT THE KEY WEST INTERNATIONAL AIRPORT AND THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT,CONSISTENT WITH THE AIRPORT MASTER PLAN(AMP)AND AIRPORT LAYOUT PLAN(ALP) FOR EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE PERMIT/ AUTHORIZATION REQUIREMENTS, INCLUDING MITIGATION FOR ENVIRONMENTAL IMPACTS. (FILE 2020-145) Please visit the Monroe County Website at wy w monro Qunty-fl gQy for meeting agenda updates and information regarding the various options available to the public to view the live meeting and/or to make public comments on certain agenda Items. Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of the proceedings,and that,for such purpose,he or she may need to ensure a verbatim record of the proceedings is made,which record includes the testimony 8 evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special accommodations In order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305) 292-4441,between the hours of 8:30 a.m.-5;00 p.m.,no later than five(5)calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711." „a,uary 2.2021 Kw well C 1,e,,