Resolution 234-2007 a,
RESOLUTION NO. 234-2007
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA RECOGNIZING LEGISLATION IN
PROGRESS AND DIRECTING STAFF TO DEFER THE ACCEPTANCE
AND PROCESSING OF DEVELOPMENT APPLICATIONS AND THE
ISSUANCE OF DEVELOPMENT APPROVALS FOR THE
REDEVELOPMENT OF MOBILE HOME PARKS; ENACTING THIS
POLICY FOR SIX (6) MONTHS RETROACTIVE TO THE BOARD OF
COUNTY COMMISSIONERS MEETING HELD MAY 16, 2007, OR
UNTIL AN INTERIM DEVELOPMENT ORDINANCE OR NEW LAND
DEVELOPMENT REGULATIONS ARE ADOPTED BY THE COUNTY
COMMISSION,WHICHEVER COMES FIRST.
WHEREAS, during the past few years several Mobile Home Parks have been closed for
redevelopment with a net loss to Monroe County of affordable and workforce housing;and
WHEREAS, the County finds itself facing increasing pressure concerning the possible
redevelopment of Mobile Home Parks in the County,and such redevelopment pressure could result in the
loss of critical workforce and affordable housing units in the County;and
WHEREAS, the County recognizes the need to develop comprehensive plan policies, land
development regulations, and programs to preserve the existing stock of affordable housing and increase
the availability of affordable housing for those who live in,and are employed in,Monroe County;and
WHEREAS, by Resolution of the Monroe County Board of County Commissioners ("BOCC")
dated May 18, 2005, a Workforce Housing Task Force ("Task Force")was created and members from the
community and officials from the County governments were appointed to the Task Force; and
WHEREAS,the Task Force has conducted a number of meetings and received substantial input
from the citizens of Monroe County regarding the workforce housing issues in Monroe County;and
WHEREAS, the loss of affordable housing provided by the County's Mobile Home Parks has a
detrimental impact on the existing inventory of affordable housing and its availability for those who work
and live in the County;and
WHEREAS,the Task Force, after thorough and due deliberation, adopted on February 1, 2007 a
Resolution of the Monroe County Workforce Housing Task Force Concerning Amending Section 9.5-
120.3 of the Monroe County Land Development Regulations that specifically addresses the preservation
of Mobile Home Parks for workforce housing; and
WHEREAS,the Task Force Resolution is in the process of being considered by the County staff
and Planning Commission, and ultimately will have to be approved by the BOCC and the Florida
Department of Community Affairs;and
WHEREAS, the approval process for the Task Force's Resolution will of necessity consume a
substantial amount of time;and
WHEREAS, utilization of a moratorium as a temporary measure to facilitate governmental
decision-making, study, and the adoption of comprehensive plan amendments and/or land development
regulations, is a legitimate governmental tool to facilitate logical and considered growth and as a means
of avoiding inefficient and ill-conceived development; and
WHEREAS, staffhas been working on an ordinance which would provide incentive for
redevelopment which retains the stock of affordable housing in mobile home parks; and
WHEREAS, members of the public have made suggestions for changes to the land development
regulations to preserve mobile home parks; and
WHEREAS, Monroe County finds it necessary to establish a temporary moratorium on
acceptance of development applications that seek development approvals for the redevelopment of
Mobile Home Parks so that Monroe County can undertake its community master planning of the Lower
Keys, continue implementing regulations of the Key Largo CommuniKeys Plan and Stock Island Plan,
and to work towards an ordinance which would provide greater guarantees of retaining the existing
affordable housing in mobile home parks that it is believed the current "inclusionary" ordinance provides;
and
WHEREAS, the current pace of residential development in Monroe County is governed by the
Rate of Growth Ordinance (ROGO) and it may take several years for residents displaced by redeveloped
mobile home parks from being able to move their mobile homes to a new location in Monroe County; and
WHEREAS, Florida Statutes authorize that residents evicted when a park is redeveloped may be
given only six (6) months to relocate; and
WHEREAS, Monroe County is designated an Area of Critical State Concern (FS 380.052) with
the legislative intent to establish a land use management system that conserves and promotes the
community character of the Florida Keys and to provide for affordable housing in close proximity to
places of employment in the Florida Keys; and
WHEREAS, the Principles for Guiding Development in the Florida Keys Area of Critical State
Concern articulate the importance to make available adequate affordable housing for all sectors of the
population of the Florida Keys and to protect the public health, safety, and welfare of the citizens of the
Florida Keys and maintain the Florida Keys as a unique Florida resource; and
WHEREAS, staff, in cooperation with the Planning Commission has been diligently pursuing
various text anlendments; and
WHEREAS, the initial text amendment was presented to the Planning Commission in August to
encourage the preservation of existing affordable housing by authorizing the placement of an affordable
housing deed restriction on an existing dwelling unit and/or mobile home lot within a mobile home park
in return for receiving a rnarket rate allocation; and
WHEREAS, a text amendment draft referred to as "the Mobile Home Protection Ordinance" was
presented to the Board of County Commissioners on April 18, 2007; and
WHEREAS, approval of the draft Mobile Home Protection Ordinance is still needed by the
Planning Commission and the Development Review Committee which may take several months; and
WHEREAS, on May 16,2007, the Board of County Commissioners directed staff to enact and
implement a moratorium on redevelopment or conversion of mobile home parks for a six (6) month
period, or until new land development regulations are adopted, whichever comes first and to allow for the
required review and recoplmendation of the Planning Commission and Development Review Committee;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. In addition to Ordinance No. 17-2006 requiring inclusionary housing, legislation
is currently in progress to address the loss of affordable housing by the redevelopment of mobile
home parks. Retroactive to May 16,2007, the Monroe County Growth Management Division
shall take no applications and shall defer action on any applications for building permits,
development orders, and development permits, as those terms are defined in Chapter 163, Florida
Statutes (Collectively "Development Orders") within the unincorporated county concerning the
matter of redevelopment, modification or conversion of existing mobile home parks to any other
use.
Section 2. If any sentence, clause, item, change or provision of this section, subsection, or
resolution is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All resolution or parts of resolution in conflict with this resolution are hereby
repealed to the extent of said conflict.
Section 4. This Resolution shall stand repealed as of 11:59 p.m. on the last day of the sixth
month period which is November 15, 2007, unless repealed sooner by the adoption of an
ordinance further specifying interim development regulations, or upon enactment of ordinances
by the Board of County Commissioners and approval by the Florida Department of Community
Affairs of land development regulations and comprehensive plan amendments concerning the
redevelopment of mobile home parks.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at regular meeting of said Board on the 20th day of June ,2007.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
,
SUSAN M. G
ASSISTANT COUNT
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