Item E1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18, 2000
Bulk Item: Yes No X
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING: A public hearing to consider an amendment to the residential rate of growth
ordinance allowing for the off-site transfer of dwellings.
ITEM BACKGROUND: This program, proposed by the Planning Department, is known as the Transfer of
ROGO Exemptions Program because it allows existing dwellings to be demolished and then replaced in a new
location, thereby making them exempt from ROGO. The program has been discussed at numerous public
workshops and hearings before the Planning Commission and BOCC over the last year. The program was
proposed among many other revisions to the rate of growth ordinance (as adopted in Ordinance 047-1999) but
was rejected by the DCA upon its review. Having consulted with the DCA, the Planning Department and
Planning Commission are recommending further restrictions on the receiver site characteristics in this proposal.
PREVIOUS RELEVANT BOARD ACTION: The BOCC adopted Ordinance 047-1999, which contains the
County's original proposal for the TRE program on November 10, 1999.
STAFF RECOMMENDATION: APPROVAL
TOTAL COST: N/A BUDGETED: Yes N/A NO
COST TO COUNTY: N/A
AMOUNT PER MONTH N/A PER YEAR N/A
APPROVED BY: County Attorney ~
DEPARTMENT DIRECTOR APPROVAL:
OMB/Purchasing N/ A Risk Management N/ A
i. ~ ~~ -
K. Marlene Conaway
Director of Planning
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow Not required
Agenda Item #: ~
DISPOSITION:
PROPOSED AMENDMENT TO
RESIDENTIAL RATE OF GROWTH ORDINANCE
TO ALLOW THE
TRANSFER OF EXISTING DWELLINGS OFF-SITE
(TRE PROGRAM)
WHEN THE BOARD OF COUNTY COMMISSIONERS ADOPTED
CHANGES TO ROGO IN ORDINANCE 047-1999 (ADOPTED
NOVEMBER 10, 1999), IT APPROVED A MECHANISM THAT
WOULD ALLOW PROPERTY OWNERS TO DEMOLISH EXISTING
DWELLINGS AND REPLACE THEM OFF-SITE WITH EITHER
AFFORDABLE HOUSING OR HOTEL/MOTEL ROOMS, THIS
REPLACEMENT WOULD BE EXEMPT FROM ROGO AND KNOWN
AS THE TRANSFER OF ROGO EXEMPTIONS (TRE). HOWEVER,
THE DEPARTMENT OF COMMUNITY AFFAIRS REJECTED THE TRE
PORTION OF ORDINANCE 047-1999, CITING CONCERNS WITH
CHARACTERISTICS AND LOCATION OF POTENTIAL RECEIVER
SITES, HAVING CONSULTED WITH THE DCA STAFF, THE
PLANNING DEPARTMENT AND PLANNING COMMISSION ARE
NOW RECOMMENDING SOME MODIFICATIONS TO THAT
PROGRAM,
THE MODIFICATIONS TO THE TRE PROGRAM HAVE BEEN HEARD
AT TWO PUBLIC HEARINGS BEFORE THE PLANNING
COMMISSION:
Hearing Dates
April 12, 2000
April 26, 2000
Resolution #
P21-00
PROPOSED ORDINANCE
Ordinance No. -2000
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO SECTION
9.5-120.4(b) OF THE MONROE COUNTY CODE RELATING TO
THE TRE (TRANSFER OF ROGO EXEMPTIONS) PROGRAM
FOR OFF-SITE REDEVELOPMENT.
WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan (2010
Plan) requires Monroe County to implement a permit allocation system; and
WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of
a residential permit allocation system and a commercial permit allocation system; and
WHEREAS, prior to the enactment of the 2010 Plan, a residential permit allocation system
had been enacted as the Residential Rate of Growth Ordinance (residential ROGO) under
Ordinance 16-1992; and
WHEREAS, Monroe County then adopted Ordinance 006-1997 that modified residential
ROGO in order to implement requirements of Policy 101.3.1 of the 2010 Plan; and
WHEREAS, in order to eliminate confusion, the residential permit allocation system will
continue to be referred to as residential ROGO; and
WHEREAS, Goal 601 of the 2010 Plan directs the County to provide programs and
policies that facilitate access by all residents to adequate and affordable housing; and
WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage
housing of various types, sizes and price ranges to meet the needs of residents; and
WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate
substandard housing and enhance existing housing; and
WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favor
redevelopment over new development; and
WHEREAS, Policies 101.14.2 and 217.3.2 prohibit the placement of mobile homes within
the Coastal High Hazard Area (CHHA) except on an approved lot within an existing mobile home
park or subdivision zoned for such use; and
WHEREAS, if mobile homes are removed from the CHHA residents in the median, low
and very income categories could be adversely affected unless measures are put in place to provide
housing options that these residents can afford; and
Transfer Off-Site: TRE Program
ORDINANCE # -2000
Page 1 of6
WHEREAS, encouraging the development of attached housing development would help
meet the needs of Monroe County residents who cannot afford to live in single detached dwellings,
since units that are part of an attached housing development tend to be less expensive to rent and
purchase; and
WHEREAS, hotel rooms, mobile homes, campsites, RV sites and residential units are all
currently subject to residential ROGO; and
WHEREAS, creating a mechanism that allows for overdensity transient facilities, such as
mom and pop hotels and trailer parks, to transfer their overdensity units off-site will enable them to
come into conformance with regards to density make and, therefore, make substantial
improvements to their property; and
WHEREAS, if such a mechanism allows for overdensity transient facilities, to transfer
their overdensity units off-site for the construction of new hotel units, this would provide economic
opportunities for owners of overdensity transient facilities and for developers of new hotel units;
and
WHEREAS, amending residential ROGO so that subject to certain restrictions, eligible
units can be transferred off-site without going through ROGO provides a mechanism to eliminate
substandard housing, enhance existing housing and to redevelop residential and hotel uses
throughout the Keys; and
WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an affordable
housing strategy; and
WHEREAS, the proposed 'Transfer of ROGO Exemptions (TRE) program' could playa
valuable role in an overall affordable housing strategy for the County by providing opportunities to
build affordable housing and upgrade substandard housing; and
WHEREAS, during a regular meetings held on August 11, 1999 the Board of County
Commissioners adopted the TRE program (Ordinance 047-1999) proposed by the Planning
Department; and
WHEREAS, the Department of Community Affairs (DCA) reviewed Ordinance 047-1999,
and its final order rejects the TRE program portion of 047-1999; and
WHEREAS, the new TRE language for the Monroe County Code provided in this
ordinance addresses DCA's concerns that the receiver site criteria should be more restrictive to
discourage development in inappropriate areas; and
WHEREAS, during a regular meetings held on April 12, 2000, the Planning Commission
considered and recommended Board approval of the proposed amendments to the Monroe County
Code; and
Transfer Off-Site: TRE Program
Page 2 of6
ORDINANCE # -2000
Initials
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Sec. 9.5-120.4 (b) of the Monroe County Code shall be amended and read as follows
(underlining is used to highlight language the BOCC adopted in Ordinance 47-1999,
while language that is underlined and bolded signifies new language to further
restrict the eligibility of receiver sites - as per DCA's recommendations while
language that is ALL IN CAPS and underlined signifies new language as per the
discussions at the Planning Commission meeting held on April 12, 2000.):
Sec. 9.5-120.4.
Type of development NOT affected.
The residential ROGO shall not apply to the development described
below:
(a) Redevelopment On-site: Redevelopment, rehabilitation or
replacement of any lawfully established residential dwelling unit or
space which does not increase the number of residential dwelling
units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement.
(b) Transfer Off-site: Transfer off-site shall consist of either the
demolition or a change of use from residential to non-residential of a
unit or space from a sender site and the development of a new unit on
a receiver site as indicated below.
a. Eligibility of sender unit or space: A hotel room, mobile
home, recreational vehicle space, or dwelling unit that is:
i) in existence as of January 4, 1996; and
ii) accounted for in the hurricane evacuation model which
forms the basis of ROGO; and
iii) lawfully established or subject to a valid unexpired
State TRE agreement,
may be rebuilt in another part of the unincorporated
county subject to the criteria for redevelopment off-site.
(1) Criteria for redevelopment off-site: In order to redevelop off-
site, a receiver site must be evaluated for both its structural and
site conditions.
a. Transfer to a hotel: A hotel or hotel room may be
developed if the:
Transfer Off-Site: TRE Program
Page 3 of6
ORDINANCE # -2000
Initials
(i) sender unit or space is eligible and provided that it was
used as a hotel room or recreational vehicle space in
accordance with Sec. 9.5-4; and
(ii)receiver site meets all of the following criteria:
1) is located in the same RaGa subarea as the sender
site; and
2) receives no negative points when evaluated
pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9); and
3) is not located in a V zone pursuant to Sec. 9.5-
122.3 (a) (11); and
4) is not located in a coastal barrier resources
system pursuant to Sec. 9.5-122.3 (a) (12); and
5) is not located in an offshore island/conservation
land protection area pursuant to Sec. 9.5-122.3
(a) (13); and
6) IS LOCATED IN CLOSE PROXIMITY TO
EXISTING COMMERCIAL CENTERS; and
7) is eligible for infrastructure availability points
pursuant to Sec. 9.5-122.3 (a) (2); and
8) receives an overall ROGO score that is equal to
or greater than the overall ROGO score of the
sender site pursuant to Sec. 9.5-122.3 (a).
b. Transfer to affordable housing: An affordable housing
unit may be developed if the:
(i) sender unit is eligible; and
(ii) receiver unit:
1) is an attached dwelling unit; and
2) meets the criteria for affordable housing pursuant
to Sees. 9.5-4(A-5) and 9.5-266; and
(iii)receiver site meets all of the following criteria:
1) is located in the same RaGa subarea as the sender
site; and
2) receives no negative points when evaluated
pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9); and
3) is not located in a V zone pursuant to Sec. 9.5-
122.3 (a) (11); and
4) is not located in a coastal barrier resources
system pursuant to Sec. 9.5-122.3 (a) (12); and
5) is not located in an offshore island/conservation
land protection area pursuant to Sec. 9.5-122.3
(a) (13); and
Transfer Off-Site: TRE Program
Page 4 of6
ORDINANCE # -2000
Initials
6) IS LOCATED IN CLOSE PROXIMITY TO
EXISTING COMMERCIAL CENTERS; and
7) is eligible for infrastructure availability points
pursuant to Sec. 9.5-122.3 (a) (2); and
8) receives an overall ROGO score that is equal to
or 2reater than the overall ROGO score of the
sender site pursuant to Sec. 9.5-122.3 (a).
(2) Procedures for transfer off-site: A pre-application conference
and at a minimum, a minor conditional use permit shall be
required for both the sender site and the receiver site.
A sender unit or space shall be assigned a unique identifier
number that shall be used for tracking and monitoring by the
Planning Department. The unique identifier number shall be
itemized in the conditional use permits required for both the
sender and receiver sites.
No building permit shall be issued for the new unit on the
receiver site until one of the following conditions are met:
a. the unit is demolished as per an issued demolition permit
and a final inspection for the demolished unit or space has
been completed by the building department for the sender
site; or
b. the unit is removed pursuant to a development approval,
development order, or a development permit is issued and
a final inspection for the removed unit is completed by the
building department for the sender site.
Section 2.
If any section, subsection, sentence, clause, item, change or prOVISIon of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 3.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Transfer Off-Site: TRE Program
Page 5 of6
ORDINANCE # -2000
Initials
Section 4.
This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission approving this ordinance.
Section 5.
This ordinance shall be transmitted by the Planning Department to the Department
of Community Affairs to determine the consistency of this ordinance with the
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of the Board held on the _ day of , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tem George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRPERSON
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BY
Transfer Off-Site: TRE Program
Page 6 of6
ORDINANCE # -2000
Initials
STAFF REPORT
MEMORANDUM
TO:
FROM:
The Board of County Commissioners
K. Marlene Conaway ., 1M ~ ~
Director of Planning p~
Revised Proposed Amendments to the TRE Program
April 26, 2000
RE:
DATE:
BACKGROUND
This report details an amendment to Section 9.5-120.4(b) of the of the Monroe County Land
Development Regulations (LDRs). This section of the Monroe County Code has been reserved
for the 'Transfer of RaGa Exemptions (TRE) program.' The TRE program will provide off-site
redevelopment opportunities for affordable and transient dwelling units. The TRE program does
NOT increase development potential, rather is creates a mechanism to 'recycle' existing units in
a manner that furthers the goals and objectives of the Monroe County Year 2010 Comprehensive
Plan (2010 Plan).
The Planning Commission reviewed proposed language for the TRE program at three meetings
held on the following dates: May 19, 1999; June 2, 1999; and July 1, 1999. At the July meeting,
after extensive public review and consideration of input from each of the three meetings, the
Planning Commission unanimously voted to recommend approval of the TRE program to the
Board of County Commissioners. During a regular meetings held on August 11, 1999 the Board
of County Commissioners reviewed the TRE program along with many other proposed changes
to RaGa in Ordinance 047-1999. This ordinance was then sent to the Department of
Community Affairs (DCA) for its review.
The DCA's final order rejects the TRE program portion of 047-1999. The DCA wanted the
County to ensure that additional restrictions be placed on receiver sites (see below):
(1) receiver site cannot be in a V (high risk) flood zone, a coastal barrier resources system or an
offshore island/conservation land; and
(2) receiver site shall be in a platted subdivision and have infrastructure availability; and
(3) receiver site has an overall RaGa score for the receiver site that shall be equal to, or
greater than the sender site as per Sec. 9.5-122.3 Evaluation Criteria of the LDRs.
What follows in this report is the original discussion of the description, merits and criteria for
the TRE program. New language relating to the impacts of making changes to the TRE
program as per the DCA's recommendations are highlighted throughout the text of this report.
New language as per the discussion at the April 12, 2000, Planning Commission meeting in
Marathon is underlined and can be found on pages 5 - 8 and 12. On April 26, 2000, the
Planning Commission recommended approval of the amendments to the TRE program as they
are outlined in the proposed ordinance contained in this packet.
Revised Proposed Amendments to the TRE Program
Page 1 of 16
TRANSFERING ROGO EXEMPTIONS (TREs)
Background
A background description, criteria and discussion for this proposed initiative are provided below.
Actual language can be found in the attached draft ordinance for Section 9.5-120.4 (b) of ROGO.
The following challenges facing Monroe County are addressed by the proposed amendments:
· Limited availability of safe and affordable housing;
(especially for low and very low income residents)
· Non-conformance as to density;
· Lack of development and redevelopment opportunities for transient developments; and
· Limited availability of cesspit credits as an impediment to constructing affordable
Housing.
The potential impacts of the TRE program on transient and residential developments are multi-
faceted, Most notably they will enable the replacement of existing housing with safer housing
that meets the needs of lower income residents over the long term. Recent storm events
demonstrated how vulnerable Monroe County's affordable housing is to the natural elements.
Most of the homes that were damaged and destroyed as a result of these storms were mobile
homes and recreational vehicles.
The displacement of residents living in low cost units that could serve as TRE sender sites is
addressed in several ways. The County's role in minimizing resident displacement is to require
residential units built with TREs to meets the housing needs of displaced residents, The County
is fulfilling this role by placing 20 year affordable housing restrictive covenants on all residential
dwelling units built with TREs. The maximum housing costs per month (principle interest,
taxes, insurance and/or rent) for residential units built with TREs and the maximum adjusted
gross incomes of qualified affordable housing residents who own and live in these units will be
adjusted on an annual basis to ensure that these units are reserved for affordable housing.
Developers utilizing TREs will be responsible for meeting all applicable legal requirements
associated with displacing residents outlined by federal and state displacement policies, including
Section 723 of the Florida Statues.
Providing safe alternatives to mobile homes and RVs would enable the County to address several
of its 2010 Plan goals. However, removing mobile homes from the CHHA could also lead to a
loss of affordable housing for some residents, Many residents, especially those in the lower
income categories, would likely be unable to afford the purchasing or rental costs of units of built
to replace mobile homes unless certain protective measures were enacted, Limiting the
replacement units built with residential TRES to attached affordable residential dwelling units
should help ensure that a safe housing supply that meets the needs of lower income residents is
created and maintained.
Amendments to the TRE Program
Page 2 of 16
RV spaces upon which RVs function as permanent residences subject to County requirements
will only be able to transfer as residential units, while transient TREs will be able to transfer as
either residential or hotel units, subject to the criteria outlined in this report, An RV is treated as
a permanent residence by Monroe County if it fits the following criteria: (1) it is not road-ready
or permanently affixed; AND (2) it has a permit from the County that authorizes the RV to be
permanently affixed or was identified in the County's 1988 mobile home study as being not road-
ready and permanently.
Goa/601 directs the County to adopt programs and policies to facilitate access, for all residents,
to adequate and affordable housing that is safe, decent, and structurally sound and that meets the
needs of the population. Objective 601.3 directs the County to increase implementation efforts to
eliminate substandard housing and to preserve, conserve and enhance the existing housing stock,
including historic structures and sites. TREs could also encourage re-development in the form of
investments in existing structures, Such investments are essential for ensuring the long term
structural integrity of these buildings.
TREs will also create re-development opportunities for transient developments, especially those
that are non-conforming as to density, Monroe County residents have repeatedly expressed their
frustrations with the strict regulatory climate of the Keys. Many business owners in the County
feel that these regulations actively prevent them from redeveloping and improving their
properties, The Planning Department is developing new policies incentives that create effective
redevelopment opportunities within the context of the local regulatory environment.
Properties that are non-conforming as to density can place an unacceptable burden on
surrounding properties, public facilities and the environment. The 2010 Plan has a range of
policies that discourage over-density development. There are six main policies in the 2010 Plan
that address non-conformity. Policy 101.8.1 prohibits the expansion of non-conforming uses.
Policy 101.8.2 prohibits changing the use ofa non-conforming property. Policy 101.8.4
prohibits substantial improvements to non-conforming structures and over-density developments.
Policy 101.8.7 prohibits the re-establishment of non-conforming uses, which have been
discontinued or abandoned. Policy 208.2.9 prohibits permit renewals from being issued for non-
conforming uses within zoning districts, Policy 101.4.23 is the only exception to these
prohibitions as it allows non-conforming structures that served as a principle residence on
January 4, 1996 to be replaced by another unit, regardless of zoning limitations on the property.
Densities have been decreased over the years, first in 1986 and again with the 2010 Plan, making
many once conforming sites now non-conforming, While the above referenced policies are
intended to protect the community from unsustainable development, they also stand in the way of
other public interests articulated in the 2010 Plan. Objective 101.4 of the 2010 Plan directs the
County to regulate future development and redevelopment to maintain the communities'
character the natural resources by encouraging of land uses consistent with the designations
shown on the Future Land Use Map.
Amendments to the TRE Program
Page 3 of 16
Goal 102 of the 2010 Plan states that the County shall direct future growth to lands which are
intrinsically most suitable for development and shall encourage conservation and protection of
environmentally sensitive lands, The requirements for receiver sites were created to ensure that
TREs will help the County address this goal, For example since a receiver site shall have a
ROGO score that is equal to or greater than the sender site this will help in the removal of units
from problematic locations, such as V zones, to more appropriate areas, such as scarified, upland
lots,
These policies suggest that the County should make the most of developed properties to meet the
commercial and housing needs of residents. Under current laws, property owners can redevelop
properties that are over-density by removing structures that exceed the density restrictions on the
properties, or applying for map amendments to re-zone their properties, Since most map
amendments are costly, time consuming and decrease development potential, they are often not a
viable option for over-density sites. Also a change in land use might not even resolve the issue
given the low level of densities allowed in the 201 (} Plan compared to earlier allowable densities
for the County. These complications highlight the need for providing opportunities to replace
these units off-site.
Monroe County has a large number of transient and residential sites that are non-conforming with
regards to density. Giving property owners an opportunity to transfer units off-site, thereby
making their properties conforming as to density, provides a much need incentive for
redevelopment. Once properties are brought into conformance there would be a financial
incentive to maintain and improve them. Investments in conforming properties can be recaptured
in the sales of these properties, or in the event of a major storm, in insurance payments.
The secondary impacts from the TREs program on traffic in Big Pine Key, No Name Key, Ohio
Key and North Key Largo will be positive, since this program will direct development away from
these Keys to areas with a higher level of service. Therefore, traffic congestion on these
environmentally sensitive areas should be somewhat eased by TREs. Elsewhere in the County,
traffic flow could be aided by TREs since the receiver sites for these units will be higher density
zones, such as Suburban Commercial (SC) and Urban Residential (UR), which are located within
or close to commercial centers. The distances that residents of developments built with TREs
would need to drive should be less than if they resided outside of commercial and service centers.
TREs could also positively impact on wastewater and stormwater impacts, Currently, few
cesspits are being removed, in part because there is limited financial incentive for owners of units
with cesspits to remove them. The TRE program will likely provide an attractive financial
incentive for the removal of cesspits, since owners of units with cesspits will be able sell off their
existing units for a profit. Prior to building a unit at a qualified TRE receiver site, the existing
unit on the qualified sender site shall be demolished and any cesspits associates with the unit
removed. Since the receiver sites for TREs will tend to be hotels, or multi-family developments
these developments could efficiently build and service sewage package plants, Therefore, TREs
will encourage the removal and redevelopment of sub-standard units and the replacement of
these units with clustered development built to code.
Amendments to the TRE Program
Page 4 of 16
Since owners of residential units that served as lawfully established principal residence on
January 4, 1996, already have a range of options available to them under the 2010 Plan and the
County Code, they are less likely to sell these units as TREs. Therefore, TREs will not likely
serve as a compelling incentive for owners of lawfully established principal dwelling units to sell
their units. TREs could increase the number of affordable housing units for lower income
residents without increasing the actual number of units in Monroe County.
TREs are one of several steps being taken by the Planning Department to encourage
redevelopment and facilitate the development of affordable housing. These transfers will
facilitate the removal of sub-standard units and redevelopment. TREs could also enable the
development of new affordable housing and transient rental properties that meet the objectives of
the 2010 Plan and the requirements of the County Code. The additional receiver site criteria
added to the TRE program as per DCA's request include the following:
· receiver site cannot be a V (high risk) flood zone, a coastal barrier resources system or an
offshore island/conservation land;
· receiver site shall have infrastructure availability; and
· overall ROGO score for the receiver site shall be equal to, or greater than the sender site as
per Sec. 9.5-122.3 Evaluation Criteria of the LDRs.
The new restrictive criteria of the receiver site will help ensure that redevelopment is directed to
those areas in Monroe County that are best able to accommodate these units. The DCA also
suggested that the County restrict TRE receiver sites to those sites that would be eligible for infill
RORO points. The Planning Department initially added the infill criteria to the TRE program;
however. at the April 12. 2000. Planning Commission meeting in Marathon concerns were raised
over restricting receiver sites to platted subdivisions. The additional TRE restriction to areas of
platted subdivisions could rule out sites that are large enough to accommodate attached
affordable housing for low and very low income residents. According to the Monroe County
Housing Authority. affordable housing developments in the County start realizing economies of
scale savings once they surpass forty units. Given the exorbitant costs associated with building
housing in the Florida Keys. realizing economies of scale is often the only way that affordable
housing for low and very low income residents can be built.
The Monroe County Board of County Commissioners is committed to providing attached
affordable rental units to low and very low income residents as evident in the Board's criteria for
its Affordable Housing Action Plan. initiated on November 10. 1999. The action plan calls for
the creation of attached affordable rental housing for low and very low income residents to begin
construction within three years.
Existing deterrents to building attached affordable rental housing for low and very low income
residents include the following: limited availability of buildable land. limited availability of
building permits. high land values. limited areas that permit medium to high density
developments. environmental restrictions and community concerns relating to the impact of
having multi-family affordable housing in their neighborhoods, If the County restricts residential
Amendments to the TRE Program
Page 5 of 16
TRE receiver sites to those that are eligible for platted intil ROGO points. sites that are otherwise
well suited for attached affordable housing for low and very low income residents would not be
eligible receiver sites for TREs.
A subdivision infill receiver site requirement would place an uniustifiable burden on potential
affordable housing developments that are able to overcome all of the other deterrents to building
such housing in the Keys. Much of the Keys was subdivided in the 1920's and 30's at a time
when environmental and concurrency requirements for development were of little consideration.
Now that such requirements are a foundation of development in the Keys. issues of existing site
conditions and the location of sites are more pertinent for determining appropriate locations for
development.
Ensuring that receiver sites for residential and transient TREs are in close proximity to existing
commercial centers will help minimize the traffic and other developmental impacts of these
multi-unit developments. IfTREs are used in close proximity to existing commercial centers this
will direct development away from pristine. isolated and otherwise inappropriate areas for
medium to high density development. Urban sprawl and leap frOg development are real concerns
in the Keys due to the high costs of servicing dispersed development and the fragile nature of our
environment. Concentrating medium and high density development in urbanized pockets of the
Keys will be a more effective way to reduce infrastructure costs and deter development in
undeveloped areas than relying on infill points. Therefore. receiver sites should be restricted to
areas that are in close proximity to existing commercial centers rather than being restricted to
those sites that qualify for intill points.
Criteria
These criteria have been developed to ensure that TREs support the goals, objectives and policies
of the 2010 Plan. First only legally established units or spaces that have already been built, or are
vested, but not yet built, may be transferred to other sites in the County. In addition the transfers
shall meet the following conditions:
· Transfers will be within subareas to be consistent with the current ROGO distribution, in
accordance with the subareas delineated by Section 9.5-120.2 of the County Code;
· Big Pine Key, No Name Key, Ohio Key and North Key Largo will only be eligible as
sender sites for transferring ROGO exemptions (TREs);
· Residential TREs can only be used to build attached, affordable housing;
· Sites with negative environmental ROGO points (except for those in RH districts) are not
eligible as receiver sites pursuant to Ordinances 010-1999 and 11-1999;
· Sites that are in located in V zones pursuant to Sec, 9.5-122.3(a)(II) are not eligible as
receiver sites;
Amendments to the TRE Program
Page 6 of 16
· Sites that are in located in coastal barrier resources systems pursuant to Sec. 9,5-
122.3(a)(12) are not eligible as receiver sites;
· Sites that are in offshore islands/conservation land protection areas pursuant to Sec, 9.5-
122.3(a)(13) are not eligible as receiver sites;
· Sites shall be eligible for infrastructure availability points pursuant to Sec, 9,5-122,3(a){2)
to be eligible as receiver sites;
· Sites shall be in close proximity to established commercial centers; and
· Sites have an overall ROGa score that is equal to or greater than their sender sites
pursuant to Sec, 9,5-122.3(a).
TRE Process
SENDER SITE APPLICATION
· Pre-application conference
· At minimum - Minor
Conditional Use
· Development Order
detailing which units are to be
removed (or changed from a
residential or transient use to a
use that would not negatively
affect the County's hurricane
evacuation time) and resulting
site conditions
RECEIVER SITE
APPLICATION
· Pre-application conference
· At minimum - Minor
Conditional Use
· Development Order approving
use ofTREs and new site plan
Permitting Procedures
· Potential TRE sender and receiver site applicants shall attend pre-application conferences
prior to participating in the TRE program;
· Potential TRE sender and receiver site applicants shall apply for at minimum a minor
conditional use permit;
· A transfer off-site shall consist of either the demolition or a change of use from
residential to non-residential of a unit or space from a sender site and the development of
a new unit on a receiver site;
· Sender sites shall meet all of the land development requirements outlined in Section 6-39
et seq. of the County Code;
· Receiver sites shall meet all of the development and affordability requirements outlined
in Section 9.5. County Code; and
Amendments to the TRE Program
Page 7 of 16
· The conditional use process will allow for flexibility in the timing and implementation of
these TRE projects.
Residential TREs
Eligible Sender Site:
A hotel room, mobile home, recreational vehicle space, or dwelling unit that is:
1. in existence as of January 4, 1996; and .
2. accounted for in the hurricane evacuation model which forms the basis ofROGO; and
3. lawfully established or subject to a valid unexpired State TRE agreement,
may be rebuilt in another part of the unincorporated county subject to the criteria for
redevelopment off-site.
Candidate Receiver Site Requirements:
· In order to redevelop off-site, a receiver site shall be evaluated for both its structural and
site conditions.
· An affordable housing unit may be developed if the:
1, Sender unit is eligible;
2. Receiver unit:
1) is an attached dwelling unit;
2) meets the criteria for affordable housing pursuant to Secs. 9.5-4(A-5) and 9.5-
266;
3. The transfer is made to a receiver site that is located in the same ROGO subarea as
the sender site;
4. The receiver site receives no negative points when evaluated pursuant to Sec. 9.5-
122.3 (a) (7) or (8) or (9);
5, The receiver site is not located in a V zone pursuant to Sec. 9.5-122.3(a)(11);
6. The receiver site is not located in a coastal barrier resources system pursuant to Sec.
9.5-122.3(a)(12);
7, The receiver site is not located in an offshore island/conservation land protection area
pursuant to Sec, 9.5-122.3(a)(13);
8. The receiver site is eligible for infrastructure availability points pursuant to Sec. 9,5-
122.3(a)(2);
9, The receiver site is in close proximity to established commercial centers: and
Amendments to the TRE Program
Page 8 of 16
10. The receiver site has an overall RaGa score that is equal to or greater than the sender
site pursuant to Sec, 9.5-122.3(a),
Unit Requirements:
· Attached residential dwelling unit with up to 1,300 square feet of habitable space
(un-enclosed porches are allowed, but not included in these calculations);
· TDRs might be required to reach the maximum net density for market units that
combined with affordable TRE units make up a mixed use development.
Discussion and Consistency with 2010 Plan
Residential TREs will enable the County to meet many of its 2010 Plan goals and policies. They
will help the County balance affordable and market housing as required by Policy 101.2.4. and
allow the County to manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors as required by Goal 101. Residential TRE addresses Policy 601.1.7
since all residential TRE will remain affordable for 20 years. Furthermore, since these units are
restricted in size (:s 1,300 square feet), use (attached dwellings) and occupancy (median to low
income residents) their affordability should be assured over the long term (Goal 601),
Residential TREs could become a valuable component of the County's affordable housing
strategy required by Policy 601.1.11 of the 2010 Plan. TRE units could increase the supply of
affordable housing for very low income residents who are the most cost burdened in the County
and have the most difficulty finding accommodation.
In 1989, 86% of renters in Monroe County earning less than $19,999 a year were cost burdened,
while 29% of renters earning between $20,000 -$34,999 a year were cost burdened. These
calculations are drawn from the number of households paying 2:30% of their income towards
housing costs (Table 1).
Table 1: Household Cost Burden in 1989
I 0" ners Renters
Income Ke) West Unincorporated Count) 'Ke) West Unincorporated Count)
Total Total
- - -- - - - - --- -- -- -- 68%1 -- - - - -
< $10,000 59% 73% I 80% 91% 86%
$10,000 - $19,999 37% 42% 41%1 84% 81% 82%
I
$20,000 - $34,999 33% 35% 34%1 52% 29% 40%
1
$35,000 - $49,999 24% 26% 25%1 10% 20% 16%
1
> $50,000 11% 10% 10%1 1% 4% 3%
1
% of Total Households 27% 28% 27%i 51% 460/0 49%
1
*County Total includes Key West, Key Colony Beach, Layton and Unincorporated Areas
Source: Department of Community Affairs 1998 Affordable Housing Needs Assessment - data drawn from the
1990 Census. Shimberg Center for Affordable Housing
Amendments to the TRE Program
Page 9 of 16
As per Policy 101.2.13 of the 2010 Plan all new development in Monroe County is required to
obtain a cesspit credit prior to the issuance of building permit. This requirement is intended to
ensure no net increase in water quality degradation and removal of cesspits, Lack of progress on
cesspit removal has lead to reductions in annual RaGa dwelling unit allocations for Monroe
County, Currently the number of cesspits being removed falls short of demand, which impedes
the development of new housing.
Developers of market rate housing have been purchasing their cesspit credits in order to begin
development once they have their RaGa allocation. However, the costs of purchasing cesspit
credits ts $2000) are prohibitive for many affordable housing developments. Since TREs will
not be considered new development, new units built with TREs will not require cesspit credits,
At the same time the demolition of existing units to serve as TREs will lead to the removal of
cesspits and the releasing cesspits credits for use by other developments.
Residential TREs will direct new development to areas that are zoned to accommodate higher
densities and are more suitable for development. This could lessen the impacts of over-
development on areas most vulnerable to such impacts. These transfers will also encourage more
compact and clustered development that facilitates efficient and cost effective servicing.
Objective 601.1 of the 2010 Plan requires Monroe County to reduce by 50% the current
estimated affordable housing need for households in the very low and low income classifications
(HUD definitions) by 2002. In 1997 it was estimated by the Monroe County Building
Department that mobile homes and trailers accounted for just under one third of the County's
housing stock. Despite the numerous safety concerns with living in mobile homes and trailers,
such as vulnerability to hurricane force winds, these accommodations are only housing option for
many Keys residents, especially lower income residents. The affordability and size criteria
attached to the units built with TREs will help ensure the long term availability of housing for
lower income residents. Replacement units for lower income residents will provide a safe
alternative to living in mobile homes and R V s, which carry with them substantial fire and storm
damage risks.
Low and very low income residents should benefit from the residential TREs program
in several ways. Firstly, since residential TREs can only be used to build units for
qualified affordable housing residents this should increase the supply of less expensive
residential units in the County, Secondly, since these new affordable units will be built
to current building code requirements (such as wind loads and elevation) they will
provide a safe alternative to mobile homes, RVs and illegal lower enclosures, Finally,
TREs could encourage an increase in the quality of the existing affordable housing
stock, since property owners will be able to re-coup property improvements in either a
sales, or post disaster situation. It is anticipated that over-density mobile home parks,
will participate heavily in the TRE program.
Amendments to the TRE Program
Page 10 of 16
Reserving the use of residential TREs to units for affordable income households will
help preserve a viable housing supply for these residents. This occupancy restriction is
intended to ensure residents living in older mobile homes and trailers can afford the rent
in the new units built with TREs, Such measures are necessary to ensure that the
County can meet Objective 601.1 and other related affordable housing policies aimed at
assisting lower income residents.
TREs will also be used to create mixed-use development in which affordable housing units are
built with TREs, while the other units compete in market ROGO. Combining affordable TRE
units with market rate units in a mixed-use development could make attached, multi-family
developments a more feasible alternative in the County. TREs would allow for the building of
more units, thus enabling developers to take advantage of economies of scale with their projects.
The market rate component of such developments could help offset the costs of providing
housing for median, low and very low-income residents.
Transient TREs
Eligible Sender Sites:
· Lawfully existing motels, hotels and spaces that accommodate 'road ready RVs' (RV
spaces), which include only those located in RV zoning districts.
Candidate Receiver Sites Conditions:
· Criteria for redevelopment off-site: In order to redevelop off-site, a receiver site shall
be evaluated for both its structural and site conditions.
I. Transfer to a hotel: A hotel or hotel room may be developed if the:
I) sender unit or space is eligible and provided that it was used as a hotel room
or recreational vehicle space in accordance with Sec. 9.5-4;
2) transfer is made to a receiver site located in the same ROGO subarea as the
sender site;
3) receiver site receives no negative points when evaluated pursuant to Sec. 9.5-
122.3 (a)(7) or (8) or (9);
4) receiver site is not located in a V zone pursuant to Sec, 9,5- 1 22.3 (a)(1 I);
5) receiver site is not located in a coastal barrier resources system pursuant to Sec,
9,5-122.3(a)(12);
6) receiver site is not located in an offshore island/conservation land protection
area pursuant to Sec. 9.5-122.3(a)(13);
7) receiver site is eligible for infrastructure availability points pursuant to Sec,
9,5-1 22.3 (a)(2);
Amendments to the TRE Program
Page 11 of 16
8) receiver site is in close Droximity to established commercial centers; and
9) receiver site has an overall ROGO score that is equal to or greater than the
sender site pursuant to Sec, 9.5-122.3{a).
· Only those new transient developments that will not require commercial floor area
will be able to utilize the transient TREs. 1
Discussion and Consistency with the 2010 Plan
While transient TRE units can be used to build either affordable housing or hotel units, market
forces will most likely direct most of these units to existing or new hotel developments.
Therefore, it is expected that transient TREs will only have limited applicability for affordable
housing.
Transient TREs could benefit the local tourist industry by providing a mechanism for existing
non-conforming structures to sell units to existing or new hotels. Once sender sites are
conforming as to density they will be able to redevelop their properties. This provision,
therefore, assists with the 2010 Plan's redevelopment and clustering objectives,
Transient TREs will assist with Goal 101 by enabling the County to manage future growth to
enhance the quality of life, ensure the safety of County residents and visitors, and protect
valuable natural resources. Transient TREs provide a mechanism for the removal of non-
conforming transient units with cesspits and the replacement of these units with hotel rooms that
have proper sewage treatment. Transient TREs could also lessen the impacts of over-
development on environmentally sensitive areas and direct new developments to areas that are
zoned to properly accommodate hotel units. These transfers will also encourage more compact
and clustered hotels which are better suited for efficient and cost effective servicing than
dispersed development.
Currently, opportunities for hotels that want to expand their facilities, or sell existing units are
quite limited. The moratoriums on new transient units (Policy 101.2.6) and commercial
development (Policies 101.3.1, 101.3.3 and 103.3.5) have impacted business that want to expand
their facilities, scale back their operations or build new facilities. TREs can be used as a
mechanism for hotels that have not reached their maximum net density per buildable acre to
expand their operations utilizing TDRs.
The Planning Department has been approached by numerous owners of older, non-conforming
'mom and pop' hotels that want to either sell some of their units so they can come into
conformance with the Monroe County Code, upgrade their property and earn some additional
revenue, or leave the accommodation business. Increasingly tourists are staying at large,
competitively priced, full-service chain hotels and exclusive accommodations catering to niche
markets, rather than older, family run accommodations.
1 Accessory uses such asfront desks and hallways are NOT considered 'commercia/floor area. " However,
restaurants, bars gift shops and the like are considered 'commercia/floor area ".
Amendments to the TRE Program
Page 12 of 16
TREs could provide an additional source of revenue for old 'mom and pop' hotels in the Keys
that are in need of additional revenue sources and are unable to compete against full service
hotels, TREs could also provide owners of small family run hotels and motels an opportunity to
sell all of their units for a reasonable return on the open market. Since many existing hotels lack
the funds necessary for purchasing additional units, TREs will also be available to new transient
rental developments.
TREs could help attract investment to the County in the form of developing new hotels and
upgrading existing facilities. Creating new and expanded hotels using TREs is not inconsistent
with the commercial moratorium since there will be no net increase in transient units for the
County. TREs could serve as an effective and efficient way of recycling residential and transient
units in Monroe County.
TREs could also serve as additional revenue sources for owners of transient accommodations
who want to sell some or all of their units. TREs could also prove to be an attractive mechanism
for owners of legally non-conforming sites, such as over-density mobile home parks, to sell their
over density units to multi-family developments, Residential TRE recipient sites could either be
mixed use developments with market and affordable (very low income residents), or strictly
affordable developments with units for moderate very low income residents,
CONSISTENCY WITH PRINCIPLES GUIDING DEVELOPMENT
(SECTION 380.0552, F.S.)
The Principles for Guiding Development are listed below, along with a brief explanation of how
the proposed changes are consistent.
1. To strengthen local government capabilities for managing land use and development so
that local government is able to achieve these objectives without the continuation of the
area of critical state concern designation.
TREs will not increase the Keys' overall development potential, Rather they will make the
most of the ROGO allocations available to the County and encourage a recycling of existing
units. These amendments will help to reduce the need for the area of critical state concern
designation by allowing Monroe County to better manage land use issues.
2. To protect shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
Encouraging the removal of units from over-density sites and transferring these units to areas
that are not environmentally sensitive this will help to protect all of the Keys' resources.
3. To ensure the maximum well being of the Florida Keys and its citizens through sound
economic development.
The TRE program could have a positive effect on the economic well being of current and
potential Monroe County residents.
Amendments to the TRE Program
Page 13 of 16
4. To limit the adverse impacts of development on the quality of water throughout the
Florida Keys.
The TRE programs will act as an incentive for removing existing units, many of which have
cesspits. These existing units will be replaced by units with proper wastewater treatment
facilities.
5. To enhance natural scenic resources, promote the aesthetic benefits of the natural
environment and ensure that development is compatible with the unique historic
character of the Florida Keys.
The TRE program will enable the removal of excess units from sites that are over-density and
for their replacement by new units built in an environmentally sensitive manner and situated
in areas that can accommodate them.
6. To protect the historical heritage of the Florida Keys.
The TRE program will help protect the historical heritage of the Florida Keys as it ensures
that an existing structure does not have to be destroyed in order to function as a TRE, Rather,
as long as the use of a sender unit is changed to a use that is not counted in the hurricane
evacuation model, such as from a residential unit to an educational facility, the original
structure can remain in place, Furthermore, by providing a mechanism that allows property
owners to come into conformance with regards to density, they can re-invest in their property
knowing that such investments would be protected once their properties were conforming.
These re-investments in existing properties could help preserve, protect and enhance older
structures that play an important role in the heritage of the Keys.
7. To protect the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
a. The Florida Keys Aqueduct and water supply facilities;
Since only areas that are zoned to accommodate multi-family developments will be
eligible for residential TRE units, this will encourage the clustering of development.
At the same time TREs provide an incentive for over-density sites to remove their
excess density units. The removal of these units will therefore, remove some of the
burden on servicing over-density sites and transfer these units to more appropriate
sites. Developments that are clustered are more efficient to service than dispersed
developments.
b. Sewage collection and disposal facilities;
Same as above (7a).
c. Solid waste collection and disposal facilities;
Same as above (7a),
Amendments to the TRE Program
Page 14 of 16
d. Key West Naval Air Station and other military facilities;
Same as above (7a).
e. Transportation facilities;
Same as above (7a).
f. Federal parks, wildlife refuges, and marine sanctuaries;
Under the TRE program existing units with cesspits will need to remove these
cesspits to participate in the program, which should improve the overall
environmental quality of the Keys.
g. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
As mentioned above under item (f), the removal of existing units with cesspits will
improve the overall environmental quality of the Keys,
h. City Electric Service and the Florida Keys Electric Co-op.
As mentioned earlier, TREs will promote clustered development and the removal of
over-density units, actions that lend themselves to more efficient and cost effective
servicing. Therefore, the proposed revisions are consistent further this principle,
i. Other utilities as appropriate.
Once again, TREs will promote clustered development and the removal of over-
density units, actions that lend themselves to more efficient and cost effective
servIcmg.
8. To limit the adverse impacts of public investments on the environmental resources of
the Florida Keys.
The TRE program will promote clustered development and the removal of over-density units,
actions that lend themselves to more efficient and cost effective servicing.
9. To make available adequate affordable housing for all sectors of the population of the
Florida Keys.
The TRE program will facilitate the removal of unsafe housing and the creation of more
housing for lower income residents.
10. To provide adequate alternatives for the protection of public safety and welfare in the
event of a natural or manmade disaster and for a post-disaster reconstruction plan.
The TREs program provides additional incentives for developing quality affordable housing
built to withstand major storms. At the same this program will provide more options for
residents that want to move out of unsafe housing conditions, such as old mobile homes, and
into homes that are better able to withstand the impacts of hurricanes and other natural
disasters.
Amendments to the TRE Program
Page 15 of 16
11. To protect the public health, safety, and welfare ofthe citizens of the Florida Keys as a
unique Florida resource.
The TRE program provides additional incentives for developing quality affordable housing
built to withstand major storms. At the same the program will provide more options for
residents that want to move out of unsafe housing conditions, such as old mobile homes, and
into homes that are better able to withstand the impacts of hurricanes and other natural
disasters. Furthermore, many of the older mobile homes located in over-density mobile home
parks represent a significant fire risk and have other sanitary concerns, such as inadequate
sewage treatment.
RECOMMENDATION
Based on the above discussion and their consistency with the Principles for Guiding
Development, the Planning Department recommends APPROV AL of the proposed amendments
to Section 9.5-120.4(b) of Monroe County's Residential Dwelling Unit Permit Allocation System
(RaGa).
Amendments to the TRE Program
Page 16 of 16
PLANNING COMMISSION RESOLUTION
Resolution No. P21-oo
A RESOLUTION BY TIffi PLANNING COMMISSION
RECOMMENDING APPROVAL TO TIffi MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS OF AMENDMENTS TO
SECTION 9.5-120.4(b) RELATING TO THE TRANSFER OF ROGO
EXEMPTIONS (TRE) PROGRAM FOR OFF-SITE
REDEVELOPMENT.
WHEREAS, during regular meetings held on April 12 and ~, 2000, the
Planning Commission considered amendments to Section 9.5. 120.4(b) of the Monroe
CounW Code to amend the Transfer of ROGO Exemption (TRE) program for off-site
redevelopment; and
WHEREAS, during a regular meetings held on August 11, 1999 the Board of
County Commissioners adopted the TRE program (Ordinance 047-1999) proposed by the
Planning Department; and
WHEREAS, the Department of Community Affairs (DCA) reviewed
Ordinance 047-1999, and its final order rejects the TRE portion of 047-1999; and
WHEREAS, the new TRE language for the Monroe County Code provided in
the attached ordinance (Exhibit I) addresses the concerns raised by the DCA in the
above mentioned final order; and
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to
the Board of County Commissioners of the proposed amendments to the CounW Code
regarding the TRE program as reflected in the attached proposed ordinance (Exhibit I).
PASSED AND ADOPTED by the Planning Commission of Monroe County,
Florida, at a regular meeting held on the 26th of April, 2000.
Chair Mapes
Vice Chair Stuart
Commissioner Marr
Commissioner Werling
Commissioner Hill
y.~~s
y f.~ S
ie..s
yes
yes
'\
PLANNINPCOMMIS~ONOF
MONROF!COUNTY, FLORIDA
/ Ii) i
BY ..~ .,.-- (., vl. ..." ,,'/
L Mapes, Chair
\
APPROVED AS TO FORM
~7UPh
~~.. ()fIico ,
Signed this ~(" -ti. day of ~
, 2000.
PC Resolution No. P21-OO
page 1 of 1
Initials
P21-00, Exhibit I
DRAFT Ordinance No. -2000
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO SECTION
9.5-120.4(b) OF THE MONROE COUNTY CODE RELATING TO
THE TRE (TRANSFER OF RaGa EXEMPTIONS) PROGRAM
FOR OFF-SITE REDEVELOPMENT.
WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan (2010
Plan) requires Monroe County to implement a permit allocation system; and
WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of
a residential permit allocation system and a commercial permit allocation system; and
WHEREAS, prior to the enactment of the 2010 Plan, a residential permit allocation system
had been enacted as the Residential Rate of Growth Ordinance (residential RaGa) under
Ordinance 16-1992; and
WHEREAS, Monroe County then adopted Ordinance 006-1997 that modified residential
RaGa in order to implement requirements of Policy 101.3.1 of the 2010 Plan; and
WHEREAS, in order to eliminate confusion, the residential permit allocation system will
continue to be referred to as residential RaGa; and
WHEREAS, Goal 601 of the 2010 Plan directs the County to provide programs and
policies that facilitate access by all residents to adequate and affordable housing; and
WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage
housing of various types, sizes and price ranges to meet the needs of residents; and
WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate
substandard housing and enhance existing housing; and
WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favor
redevelopment over new development; and
WHEREAS, Policies 101.14.2 and 217.3.2 prohibit the placement of mobile homes within
the Coastal High Hazard Area (CHHA) except on an approved lot within an existing mobile home
park or subdivision zoned for such use; and
WHEREAS, if mobile homes are removed from the CHHA residents in the median, low
and very income categories could be adversely affected unless measures are put in place to provide
housing options that these residents can afford; and
Transfer Off-Site: TRE Program
DRAFT ORDINANCE # -2000
Page 1 of6
WHEREAS, encouraging the development of attached housing development would help
meet the needs of Monroe County residents who cannot afford to live in single detached dwellings,
since units that are part of an attached housing development tend to be less expensive to rent and
purchase; and
WHEREAS, hotel rooms, mobile homes, campsites, RV sites and residential units are all
currently subject to residential RaGa; and
WHEREAS, creating a mechanism that allows for overdensity transient facilities, such as
mom and pop hotels and trailer parks, to transfer their overdensity units off-site will enable them to
come into conformance with regards to density make and, therefore, make substantial
improvements to their property; and
WHEREAS, if such a mechanism allows for overdensity transient facilities, to transfer
their overdensity units off-site for the construction of new hotel units, this would provide economic
opportunities for owners of overdensity transient facilities and for developers of new hotel units;
and
WHEREAS, amending residential RaGa so that subject to certain restrictions, eligible
units can be transferred off-site without going through RaGa provides a mechanism to eliminate
substandard housing, enhance existing housing and to redevelop residential and hotel uses
throughout the Keys; and
WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an affordable
housing strategy; and
WHEREAS, the proposed 'Transfer of RaGa Exemptions (TRE) program' could playa
valuable role in an overall affordable housing strategy for the County by providing opportunities to
build affordable housing and upgrade substandard housing; and
WHEREAS, during a regular meetings held on August 11, 1999 the Board of County
Commissioners adopted the TRE program (Ordinance 047-1999) proposed by the Planning
Department; and
WHEREAS, the Department of Community Affairs (DCA) reviewed Ordinance 047-1999,
and its final order rejects the TRE program portion of 047-1999; and
WHEREAS, the new TRE language for the Monroe County Code provided in this
ordinance addresses DCA's concerns that the receiver site criteria should be more restrictive to
discourage development in inappropriate areas; and
WHEREAS, during a regular meetings held on April 12, 2000, the Planning Commission
considered and recommended Board approval of the proposed amendments to the Monroe County
Code; and
Transfer Off-Site: TRE Program
Page 2 of6
ORDINANCE # -2000
Initials
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Sec. 9.5-120.4 (b) of the Monroe County Code shall be amended and read as follows
(underlining is used to highlight language the BOCC adopted in Ordinance 47-1999,
while language that is underlined and bolded signifies new language to further
restrict the eligibility of receiver sites - as per DCA's recommendations while
language that is ALL IN CAPS and underlined signifies new language as per the
discussions at the Planning Commission meeting held on April 12, 2000.):
Sec. 9.5-120.4.
Type of development NOT affected.
The residential RaGa shall not apply to the development described
below:
(a) Redevelopment On-site: Redevelopment, rehabilitation or
replacement of any lawfully established residential dwelling unit or
space which does not increase the number of residential dwelling
units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement.
(b) Transfer Off-site: Transfer off-site shall consist of either the
demolition or a change of use from residential to non-residential of a
unit or space from a sender site and the development of a new unit on
a receiver site as indicated below.
a. EliKibility of sender unit or space: A hotel room, mobile
home, recreational vehicle space, or dwelling unit that is:
i) in existence as of January 4, 1996; and
ii) accounted for in the hurricane evacuation model which
forms the basis of RaGa; and
iii) lawfully established or subject to a valid unexpired
State TRE agreement,
may be rebuilt in another part of the unincorporated
county subject to the criteria for redevelopment off-site.
(1) Criteria for redevelopment off-site: In order to redevelop off-
site, a receiver site must be evaluated for both its structural and
site conditions.
a. Transfer to a hotel: A hotel or hotel room may be
developed if the:
Transfer Off-Site: TRE Program
Page 3 of6
ORDINANCE # -2000
Initials
(i) sender unit or space is eligible and provided that it was
used as a hotel room or recreational vehicle space in
accordance with Sec. 9.5-4; and
(ii)receiver site meets all of the followin2 criteria:
1) is located in the same RaGa subarea as the sender
site; and
2) receives no negative points when evaluated
pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9); and
3) is not located in a V zone pursuant to Sec. 9.5-
122.3 (a) (11); and
4) is not located in a coastal barrier resources
system pursuant to Sec. 9.5-122.3 (a) (12); and
5) is not located in an offshore island/conservation
land protection area pursuant to Sec. 9.5-122.3
(a) (13); and
6) IS LOCATED IN CLOSE PROXIMITY TO
EXISTING COMMERCIAL CENTERS; and
7) is eli2ible for infrastructure availability points
pursuant to Sec. 9.5-122.3 (a) (2); and
8) receives an overall ROGO score that is equal to
or 2reater than the overall ROGO score of the
sender site pursuant to Sec. 9.5-122.3 (a).
b. Transfer to affordable housing: An affordable housing
unit may be developed if the:
(i) sender unit is eligible; and
(ii) receiver unit:
1) is an attached dwelling unit; and
2) meets the criteria for affordable housing pursuant
to Secs. 9.5-4(A-5) and 9.5-266; and
(iii)receiver site meets all of the following criteria:
1) is located in the same RaGa subarea as the sender
site; and
2) receives no negative points when evaluated
pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9); and
3) is not located in a V zone pursuant to Sec. 9.5-
122.3 (a) (11); and
4) is not located in a coastal barrier resources
system pursuant to Sec. 9.5-122.3 (a) (12); and
5) is not located in an offshore island/conservation
land protection area pursuant to Sec. 9.5-122.3
(a) (13); and
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ORDINANCE # -2000
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Section 2.
Section 3.
Section 4.
6) IS LOCATED IN CLOSE PROXIMITY TO
EXISTING COMMERCIAL CENTERS; and
7) is eligible for infrastructure availability points
pursuant to Sec. 9.5-122.3 (a) (2); and
8) receives an overall ROGO score that is equal to
or 2reater than the overall ROGO score of the
sender site pursuant to Sec. 9.5-122.3 (a).
(2) Procedures for transfer off-site: A pre-application conference
and at a minimum, a minor conditional use permit shall be
required for both the sender site and the receiver site.
A sender unit or space shall be assigned a unique identifier
number that shall be used for tracking and monitoring by the
Planning Department. The unique identifier number shall be
itemized in the conditional use permits required for both the
sender and receiver sites.
No building permit shall be issued for the new unit on the
receiver site until one of the following conditions are met:
a. the unit is demolished as per an issued demolition permit
and a final inspection for the demolished unit or space has
been completed by the building department for the sender
site; or
b. the unit is removed pursuant to a development approval,
development order, or a development permit is issued and
a final inspection for the removed unit is completed by the
building department for the sender site.
If any section, subsection, sentence, clause, item, change or proVISIOn of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or Administration Commission approving this ordinance.
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ORDINANCE # -2000
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Section 5.
This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of the Board held on the _ day of , A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tern George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRPERSON
(SEAL )
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
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ORDINANCE # -2000
Initials
Section 5.
This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of the Board held on the day of . A.D., 2000.
Mayor Shirley Freeman
Mayor Pro Tern George Neugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRPERSON
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
APPROVED AS TO FORM
AND LEGAL SUPPICIBNCY
BY
Attorney'. otBce
DEPUTY CLERK
Transfer Off-Site: TRE Program
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ORDINANCE # -2000
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