Ordinance 006-1998
Residential Permit Allocation System - BOCC (Draft 1/21/98)
ORDINANCE NO. 006-1998
AN ORDINANCE ADOPTING LAND DEVELOPMENT REGULATIONS TO AMEND THE
RESIDENTIAL DWELLING UNIT ALLOCATION ORDINANCE (OR RATE OF GROWTH
ORDINANCE (ROGO) TO IMPLEMENT NEW PROVISIONS OF THE RESIDENTIAL
PERMIT ALLOCATION SYSTEM IN THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN RELATED TO NEW POINT CATEGORIES, THE
MORATORIUM ON NEW TRANSIENT DWELLING UNITS AND ADMINISTRATIVE
RELIEF; REVISING POINT CRITERIA UNDER THE PERSEVERANCE POINT
CATEGORY; ESTABLISHING A NEW SUBAREA FOR BIG PINE AND NO NAME KEYS
TO ACCOMMODATE THE EIGHT PERMITS PER YEAR SPECIFIED BY POLICY 103.1.1;
ALLOWING FOR OFF-SITE REPLACEMENT OF LEGAL NONCONFORMING EXCESS
RESIDENTIAL DENSITY ON ELIGIBLE PARCELS; REVISING THE PROVISIONS FOR
THE TWENTY PERCENT SET-ASIDE ALLOCATIONS FOR AFFORDABLE HOUSING TO
ASSIGN THE HOUSING AUTHORITY RESPONSIBILITY FOR DETERMINING
APPLICANT ELIGIBILITY AND DISTRIBUTION OF ALLOCATION AWARDS
CONSISTENT WITH THE INTENT OF THE RESIDENTIAL DWELLING UNIT
ALLOCATION SYSTEM; REORGANIZING, AMENDING AND STREAMLINING THE
EXISTING LAND DEVELOPMENT REGULATIONS TO ACHIEVE THE STATED
PURPOSES AND INTENT OF THE ROGO; ESTABLISHING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; PROVIDING A REMEDY IN THE CASE OF
CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR TRANSMITTAL
TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND THE FLORIDA
SECRETARY OF STATE.
WHEREAS, Monroe County is required to adopt land development regulations that
implement the Monroe County Year 2010 Comprehensive Plan pursuant to Florida Statutes
9163.3202; and
WHEREAS, the Residential Dwelling Unit Allocation System (also known as the Rate of
Growth Ordinance, known as ROGO), Section 9.5-120 - 124, has been effective since July 13,
1992; and
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WHEREAS, over five years of experience with the Residential Dwelli~U4a AOOca~n
System has illuminated areas for improvement, clarification and increasing eff~p~p.es~n{]
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WHEREAS, the Monroe County Year 2010 Comprehensive Plan refer~14;the R~idefjjial
Dwelling Unit Allocation System as the Residential Permit Allocation System~~~n~e~o
RP AS. and . "';-'::;: C5 C)
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WHEREAS, Policy 101.5.4 of the Monroe County Year 2010 Comprehensive pra'n 0
addresses the RP AS and adds the following new scoring provisions to those existing under the
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current ordinance: known nesting areas for marine turtles; known nesting or resting areas for the
piping plover; Big Pine Key, No Name Key, Ohio Key and North Key Largo; Priority I and
Priority II acquisition areas of the National Key Deer Refuge; the Coupon Bight ad Conservation
and Recreational Lands (C.A.R.L.) acquisition areas; the "secondary zone" defined by the U.S.
Fish and Wildlife Service for the bald eagle; coastal high hazard A, V and X zones; the Coastal
Barrier Resources System (CBRS); offshore islands and Conservation Land Protection Areas;
transferable development rights (TDRs); and historic resources; and
WHEREAS, the Growth Management Division has proposed revised point criteria related
to the Perseverance Point category to create additional flexibility in the RP AS; and
WHEREAS, Policy 101.6.1 further defines minimum reasonable economic use and fair
market value, as related to administrative relief from the RPAS; and
WHEREAS, on August 19, 1997, the Board of County Commissioners adopted a policy
to establish the maximum negative and minimum positive points within the weighting categories
for the environmental point criteria of the RPAS; and
WHEREAS, a new subarea is needed for Big Pine and No Name Keys to ensure that
applicants in these areas are eligible to receive the eight residential permits which are allowed
there pursuant to Policy 103.1.1, since it is unlikely that they could compete successfully against
other Lower Keys applicants without going to extraordinary expense; and
WHEREAS, any residential dwelling unit existing on the date of the 1990 U. S. Census
of Population and Housing is not required to compete under the RPAS for an allocation in order
to replace that unit on the same site; and
WHEREAS, there exist in the unincorporated County many legal, nonconforming over-
density residential sites; and
WHEREAS, there is a benefit to the citizens of Monroe County as a result of being
allowed to replace such legal, nonconforming excess density units on other eligible sites
consistent with the other provisions of the RP AS; and
WHEREAS, despite the critical need for affordable housing in the unincorporated
County, set-aside affordable dwelling unit allocations have often historically gone unused; and
WHEREAS, the Planning Department does not have sufficient resources to monitor the
use of these awards or adequate expertise to screen applicants for eligibility for the set-aside
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affordable allocation awards and in the past, these allocations have not been effectively used; and
WHEREAS, the Housing Authority does have adequate resources, expertise and funding
programs to effectively use these awards to promote home ownership; and
WHEREAS, Policy 101.2.6 of the Monroe County Year 2010 Comprehensive Plan
prohibits any new transient residential units until December 31, 2001; and
WHEREAS, confusion and abuse in the interpretation of the original ordinance have
necessitated reorganization, streamlining and amendments to provide clarification and preserve
the integrity of the RP AS's intent; and
WHEREAS, Monroe County desires to expeditiously adopt Land Development
Regulations that amend and improve the RP AS to better implement the provisions of the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS, the Land Development Regulations proposed herein are in compliance with
all applicable requirements of Chapters 163 and 380 of the Florida Statutes, including the
"Principles For Guiding Development", and with Section 9.5-511 of the Monroe County Code;
and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
[Note: new language is shown as underlined. Underlines are to be removed and stricken through
language is to be deleted. Notes within brackets, such as this, and endnotes are also to be
removed. ]
Section 1. Monroe County Code ~9.5 - 120 - 124 is hereby deleted and replaced with the
following:
DIVISION 8. RESIDENTIAL PERMIT ALLOCATION.
Contents of this Division
Sec. 9.5-121 Purpose and intent
Sec. 9.5-122 Defmitions
Sec. 9.5-123 General provisions and applicability
Sec. 9.5-124 Residential dwelling unit allocation application procedures
Sec. 9.5-125 Residential dwelling unit allocations
Sec. 9.5-126 Residential dwelling unit allocation evaluation procedures
Sec. 9.5-127 Residential dwelling unit evaluation criteria
Sec. 9.5-128 Appeals
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Sec. 9.5-129
Administrative relief
Sec. 9.5-121. Purpose and intent.
The purposes and intent of the Residential Dwelling Unit Allocation system are:
(a) To facilitate implementation of goals, objectives and policies set forth in the comprehensive plan
relating to protection of residents, visitors and property in the County from natural disasters,
specifically including hurricanes;
(b) To limit the annual amount and rate of residential development commensurate with the County's
ability to maintain a reasonable and safe hurricane evacuation clearance time;
(c) To regulate the rate and location of growth in order to further deter deterioration of public facility
service levels, environmental degradation and potential land use conflicts.
(d) To allocate the limited number of dwelling units available annually hereunder, based upon the
goals, objectives and policies set forth in the comprehensive plan.
Sec. 9.5-122. Definitions.
The words or phrases used in this division shall have the meanings prescribed in this chapter, except as
otherwise indicated as follows:
Allocation application means the residential dwelling unit allocation application submitted by
applicants seeking allocation awards.
Allocation period means a defined period of time within which applications for residential
dwelling unit allocations will be accepted and processed.
Annual allocation period means the 12 month period beginning on July 13, 1992 (the effective
date of the Dwelling Unit Allocation Ordinance), and subsequent one-year periods.
Annual residential dwelling unit allocation means the maximum number of dwelling units for
which building permits may be issued during an annual allocation period.
Controlling date means the date and time an allocation application is submitted. This date shall
be used to determine the annual anniversary date for receipt of a perseverance point(s) and shall
determine precedence when allocation applications receive identical rankin~ scores. A new
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controllin~ date shall be established based upon the resubmittal date and time of any withdrawn
or revised application.
lKnown habitat of threatened/endangered animal species is one that has documented evidence
of sightings, collection, trapping, or direct evidence of the presence of the animal( s) in a
specific habitat area. The County's Threatened and Endan~ered Species Maps shall constitute
prima facie evidence of the species unless determined otherwise by the director of
environmental resources.
Probable habitat of threatened/endangered animal species is one where there is a lack of direct
evidence documenting the presence of an animal, but where the habitat area is suitably close to
an existing population to make colonization possible, and is of a size and ecological character
sufficient to support the animal(s). The County's Threatened and Endan~ered Species Maps
shall constitute prima facie evidence that an area is probable habitat unless determined
otherwise by the director of environmental resources.
Potential habitat of threatened/endangered animal species is one where there is a lack of direct
evidence documenting the presence of an animal and where the habitat area is not suitably close
to an existing population to make colonization possible, but the habitat area is of a size and
ecological character sufficient to support the animal(s). The County's Threatened and
Endan~ered Species Maps shall constitute prima facie evidence that an area is potential habitat
unless determined otherwise by the director of environmental resources.
Quarterly allocation period means the 3-month period beginning on July 13, 1992 or such other
date as the board may specify, and successive 3-month periods.
Quarterly residential dwelling unit allocation means the maximum number of dwelling units
for which building permits may be issued in a quarterly allocation period.
2Residential Dwelling Unit means a dwelling unit as that term is defined in Sec. 9.5-11 of the
Land Development Regulations, and expressly includes the following other terms also
specifically defined in Sec. 9.5-11: hotel rooms, campground spaces, mobile homes, transient
residential units, institutional residential uses (except hospitals) and live-aboards.
Residential dwelling unit allocation means the maximum number of dwelling units for which
building permits may be issued in a given time period.
3 Residential dwelling unit allocation award or allocation award or award means the approval
of a residential dwelling unit allocation application for the issuance of a building permit.
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4Wide-ranging threatened or endangered animal species is one whose individuals typically
move over a large area, usually seasonally. They occur in any of the listed habitats within their
mapped ranges. The County's Threatened and Endan~ered Species Maps shall constitute prima
facie evidence of wide ran~in~ threatened or endangered species unless determined otherwise
by the director of environmental resources.
Sec. 9.5-123. General provisions; Applicability.
5,6(a) Residential dwelling unit allocation award required: No building permit shall be issued unless
the dwelling unit has received a residential dwelling unit allocation award, or is determined to be
exempt as provided below.
l(b) Effective date: Any dwellin~ unit allocation application which has not received an allocation
award as of the effective date of this ordinance shall be processed and evaluated pursuant to the
provisions of this ordinance.
8( c) Review and monitoring: As required by the comprehensive plan, as requested by the planning
commission or the board, or as otherwise necessary, the planning director shall consider the rate,
amount and location of residential development in the County, monitor the effects of such development
and determine the conformity of such development with the comprehensive plan and this chapter. This
review, in whole or in part, may form the basis for recommendations by the planning director or the
planning commission to the board for action to repeal, amend or modify the dwelling unit allocation
system.
(d) Affected area: The Dwelling Unit Allocation system shall apply within the unincorporated
area of Monroe County, Florida, which, for purposes hereof, has been divided into subareas as
follows:
(1) Upper Keys: The unincorporated area of Monroe County north of Fiesta Key
(approximately mile marker 71).
(2) Middle Keys: The unincorporated area of Monroe County from Fiesta Key to the
Seven Mile Bridge (approximately mile markers 71 to 40).
(3) Lower Keys: The unincorporated area of Monroe County south of the Seven Mile
Bridge, excludin~ Bi~ Pine Key and No Name Key (awroximately mile markers 40 to 4.
excludin~ 33 to 29.5).
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2(4) Big Pine and No Name Kevs (approximately mile markers 33 to 29.5).
(e) Type of development affected: The Dwelling Unit Allocation system shall apply to the
development of the following:
(1) All residential dwelling units for which a building permit is required by this chapter,
and which building permit has not been issued prior to the effective date of the Dwelling
Unit Allocation system, except as otherwise provided herein; and
10(2) Public and institutional uses which house transient visitors or temporary residents
unless:
a. The facility is constructed to withstand cate20ry 5 hurricane storm conditions;
or
b. A factual demonstration is made that such occupancy does not negatively
impact the County's hurricane evacuation clearance time.
(f) Type of development not affected:
11(1) Redevelopment, rehabilitation or replacement of any residential dwelling unit which
does not increase the number of residential dwelling units above that existing on the site
either:
a. Durin2 the 1990 U. S. Census of Population and Housin2 as demonstrated by
official documentation. such as a buildin2 permit. the property awraiser's tax roll.
a survey. or other similar conclusive document; or
b. Prior to the redevelopment or rehabilitation.
12(2) Nonresidential uses.
13(3) Removal and transfer of an existin~ residential dwellin2 unit from one site to
another site within the same subarea (Bi2 Pine Key and No Name Key are considered as
part of the Lower Keys subarea in applyin2 this provision). which does not increase the
total number of residential dwellin2 units existin~ within the subarea. provided the
followin~ conditions are met:
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a. The transfer shall be subject to a conditional use permit governing development
of both the receiving and sending sites. in accordance with the development
standards set forth in article 8 for "Off-site replacement of excess. le~al
nonconforming density";
b. The density transferred from the sendinlj site must constitute excess. legal
nonconforming density. according to the density limitations set forth in this
chapter:
c. The receivinlj site shall be located within a U. S. 1 highway segment with a
level of service equal to or higher than the sending site. and in compliance with
the levels of service required in the comprehensive plan;
d. For non-transient residential units. the receivinlj site shall meet the criteria set
forth in Sec. 9.5-127. "Evaluation criteria table," to earn the points for criterion
(1). Platted Subdivision Infill. and shall be zoned IS. IS-T. URM. URM-L or UR;
e. The receiving site shall be of equal or less environmental sensitivity than the
sendinlj site:
f. The receivinlj site shall meet all of the provisions of this chapter and the
comprehensive plan:
g. Each dwellinlj unit to be removed and transferred from the sending site shall be
either demolished and replaced by a dwellinlj unit on the receivinlj site or
removed from the sendinlj site and physically transferred to the receiving site: and
h. Transient residential units. such as hotel or motel rooms. campljround spaces,
or recreational vehicle or travel trailer parkinlj spaces shall only replace or be
replaced by transient residential units.
14(4) A residential dwelling unit which is demonstrated by a traffic study, submitted to
and reviewed for sufficiency by the planning director and approved by the Board, to
comply with the following criteria: The dwelling unit is so located with respect to the
Monroe County major transportation network that evacuation of such dwelling unit in the
event ofa threat ofa class 3-5 hurricane will not shift the critical (controlling) road
segment shown in the December 1991 update of the 1989 Post, Buckley, Schuh &
Jernigan, Inc., Transportation Analysis for Monroe County nor increase the traffic
volume on the critical road segment and, therefore, not increase the overall County
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hurricane evacuation clearance time. All previously authorized residential dwelling units
to be located in the area designated as Zone 7 (North Key Largo area) in that 1989
Transportation Analysis are found to comply with the above criteria and are exempt.
(5) Any other use, development, project, structure, building, fence, sign or activity which
does not result in a new residential dwelling unit.
(g) Vested rights:
(1) From and after July 13, 1992:
a. The holder of an unexpired major development order issued pursuant to this
chapter shall be exempt from the Dwelling Unit Allocation System until the
earlier of two years from the effective date of issuance of the order, or February
28, 1994, provided that construction of a principal structure authorized under the
order has commenced within such 2-year period and the holder of the order holds
an active building permit for a principal structure authorized under the order; and
b. The holder of an unexpired vested rights order approved by the board pursuant
to Sec. 9.5-181 et. seq. [original section number for Vested Rights], shall be
exempt from the Dwelling Unit Allocation System until February 28, 1994,
provided that construction of a principal structure authorized under the order has
commenced within two years from the date of the board's approval of the vested
rights order.
15(2) Landowners with a valid, unexpired Development of Regional Impact approval
granted by the County prior to July 13. 1992 shall be exempt from the Dwelling Unit
Allocation system.
16(h) Moratorium on new transient units: New transient residential units. such as hotel or motel
rooms, or campljround. recreational vehicle or travel trailer spaces. shall not be elicible for
residential dwelling unit allocations until January 1. 2002.
17
Sec. 9.5-124. Residential dwelling unit allocation application procedures.
18(a) Applicationfor Allocation: In each quarterly allocation period, the planning department shall
accept applications to enter the dwelling unit allocation system on forms provided by the planning
director. The allocation application must be accompanied by an approved building permit application
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in order to be considered in the current allocation period. The planning director shall review the
allocation application for completeness. If determined to be incomplete, the planning director shall
reject the allocation application and notify the applicant of such rejection and the reasons therefor
within ten (10) working days. If determined to be complete, ~ application shall be assi~ned a
controllin~ date.
(b) Fee for review of application: Each allocation application shall be accompanied by a non-
refundable processing fee as may be established by resolution of the board. Additional fees are not
required for successive review of the same allocation application unless the application is withdrawn
and resubmitted.
(c) Compliance with other requirements: The allocation application shall indicate whether the
applicant for a residential dwelling unit allocation award has satisfied and complied with all County,
state and federal requirements otherwise imposed by this chapter as conditions precedent to issuance of
a building permit and shall require that the applicant certify to such compliance.
(d) Non-County time periods: The County shall develop necessary administrative procedures and, if
necessary, enter into agreements with other jurisdictional entities which impose requirements as a
condition precedent to development in the County, to ensure that such non-County approvals,
certifications and/or permits are not lost due to the increased time requirements necessary for the
County to process and evaluate residential dwelling unit applications and issue allocation awards. The
County may permit evidence of compliance with the requirements of other jurisdictional entities to be
demonstrated by "coordinating letters" in lieu of approvals or permits.
(e) Limitation on number of applications:
(l) An individual entity or organization may submit only one (l) allocation application per
parcel in each quarterly allocation period.
(2) There shall be no limit on the number of separate parcels for which allocation applications
may be submitted by an individual, entity or organization.
(3) An allocation application for a given parcel shall not be for more dwelling units than are
permitted by the applicable zoning, land use regulations or the comprehensive plan.
l\f) Withdrawal of allocation application: An applicant may elect to withdraw an allocation
application without prejudice at any time up to finalization of the evaluation rankings by the planning
commission. Revision and resubmission of the withdrawn application must be in accordance with
subsection (~) below.
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(g) Revisions to applications and awards:
20(1) Upon submission of an allocation application, an applicant may make revisions to the
application if it is withdrawn and resubmitted prior to the end of the quarter in which the
applicant wishes to comJ>ete. Resubmitted applications shall be considered "new," requiring
payment of appropriate fees and receiving a new controlling date.
21(2) After receipt of an allocation award, and either before or after receipt of a building permit,
but prior to receipt of a Certificate of Occupancy, no revisions shall be made to any aspect of
the proposed residential development which formed the basis for the evaluation review,
determination of points and allocation rankings, unless such revision would have the effect of
increasing the points awarded.
(3) After receipt of an allocation award, a building permit and a Certificate of Occupancy, no
revision shall be made to any aspect of the completed residential development which formed the
basis for the evaluation, review, determination of points and allocation rankings, unless such
revisions are accomplished pursuant to a new building permit and unless such revisions would
have the net effect of either maintaining or increasing the number of points originally awarded.
22(h) Expiration of allocation award: An allocation award shall expire when its corresponding building
permit is deemed to expire or after sixty (60) calendar days of mailing of notification for the award of
allocation.
23
24
Sec. 9.5-125. Residential dwelling unit allocations.
(a) Annual residential dwelling unit allocation: The County has set the following basic annual
residential dwelling unit allocation by subarea, to be adjusted as provided under Sec. 9.5-126,
"Evaluation procedures." below. The Bi~ Pine and No Name Key allocation is a subarea ofthe
Lower Keys allocation.
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Subarea
Upper Keys
Middle Keys
Lower Keys
Bil: Pine and No Name Keys
Total
99
41
107
8
Total
255
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
Number of Dwelling Units
Market-Rate Affordable
Residential Residential
(80%) (20%)
79 20
33 8
86 21
*6 or 7 *2 or 1
*204 or 205 *51 or 50
*The number of market rate or affordable allocations available shall depend upon the annual period in
prol:ress for the Bil: Pine and No Name Key allocation. as described in (c) below.
(b) Quarterly residential dwelling unit allocation, except Big Pine and No Name Key subarea:
The annual residential dwelling unit allocation, by subarea, shall be further divided into quarterly
allocation periods as follows:
First quarter through third quarter:
First three subareas
Upper Keys
Middle Keys
Lower Keys
Total
25
10
27
Fourth quarter:
First three subareas
Upper Keys
Middle Keys
Lower Keys
Total
24
11
26
Number of Dwelling Units
Market-Rate Affordable
Residential Residential
(80%) (20%)
20 5
8 2
22 5
Number of Dwelling Units
Market-Rate Affordable
Residential Residential
(80%) (20%)
19 5
9 2
20 6
(c) Big Pine and No Name Kev subarea residential dwelling unit allocation: The quarterly allocations
for this subarea are specified in five year intervals. A five year period is necessat:)' in order to ensure
that the ratio of ei~hty (80) percent market rate to twenty (20) percent affordable residential dwelling
units is achieved in whole units.
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Market Rate Affordable TOTAL
Year 1
Quarter 1 1 1 2
Quarter 2 2 0 2
Quarter 3 1 1 2
Quarter 4 2 0 2
TOTAL 6 2 8
Year 2
Quarter 1 2 0 2
Quarter 2 2 0 2
Quarter 3 2 0 2
Quarter 4 1 1 2
TOTAL 7 1 8
Year 3
Quarter 1 2 0 2
Quarter 2 2 0 2
Quarter 3 2 0 2
Quarter 4 1 1 2
TOTAL 7 1 8
Year 4
Quarter 1 2 0 2
Quarter 2 2 0 2
Quarter 3 2 0 2
Quarter 4 1 1 2
TOTAL 7 1 8
YearS
Quarter 1 2 0 2
Quarter 2 2 0 2
Quarter 3 2 0 2
Quarter 4 1 1 2
TOTAL 7 1 8
25(d) Alfordable housing allocation awards:
ill Any portion of the twenty (20) percent allocation not used for affordable housing shall be
allocated to general (market rate) housing. The definition of affordable housing shall be as
specified in Article 3, Division 11.
(2) All allocation awards desi~nated to be set aside for affordable housin2 shall be assigned to
the Monroe County Housin2 Authority for distribution in accordance with an intergovernmental
agreement between the Monroe County Housin2 Authority and Monroe County.
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a. The Housin~ Authority shall ensure that affordable housin~ allocation applicants are
eli~ible under Article 3. Division 11. Affordable Housin~.
b. The determination of the number of affordable housin~ allocation awards available
and the evaluation of affordable housin~ allocation applications shall be made by the
plannin~ department in accordance with the provisions &pecified in Section 9.5-126,
"Residential dwelling unit allocation evaluation procedures" and Section 9.5-127,
"Residential dwellin~ unit evaluation criteria" The planning director shall inco(porate
the results into the evaluation report for consideration and finalization by the planning
commISSIOn.
Sec. 9.5-126. Residential dwelling unit allocation evaluation procedures.
26(a) At/iustment Qf dwelling unit allocations: At the end of each Quarterly allocation period, the
planning director shall recommend additions or subtractions to the basic allocation available by
subarea. based U'pon any of the followin~. as appropriate:
21(1) The number of permits for new residential units issued during the previous year which did
not result in cOIT\Pleted units or active pro~ress towards such completion. as defined in chapter
6-40 of the Monroe County Code:
~(2) The number of dwelling unit allocation awards available which were not allocated during
previous Quarterly allocation period(s) in the current annual allocation period;
2\3) The number of dwelling unit allocation awards in previous quarters which were borrowed
from future allocations to accommodate multiple unit projects or to accommodate allocation
applications with identical scores, pursuant to 9.5-126(c), or which were granted to applicants
via either the appeals process. administrative relief or a beneficial use determination;
30(4) Residential dwelling units vested during the preceding quarter, as follows:
a. If the number of residential dwelling units in question is less than fifty (50) percent
of the quarterly allocation for the affected subarea, such vested residential dwelling units
shall be subtracted from the quarterly allocation and only the remainder of the quarterly
allocation shall be available for allocation in that quarterly period.
b. If the number of residential dwelling units in question is fifty (50) percent or more of
the quarterly allocation for the affected subarea, only fifty (50) percent of such vested
residential development shall be subtracted from the quarterly allocation and the
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remaining fifty (50) percent of the quarterly allocation shall be available for allocation
in that quarterly period; in that event, the "excess" residential dwelling units shall be
determined and subtracted pro rata from future allocation periods so that an average
annual build-out of two hundred fifty-five (255) dwelling units is not exceeded.
(5) Any other modifications required or provided for by the comprehensive plan.
31(b) Initial evaluation of allocation applications: Upon receipt of completed allocation applications.
the plannin~ director shall evaluate the allocation applications pursuant to the Evaluation Criteria set
forth in 9.5-127. Allocation applications shall be ranked by subarea from the highest evaluation point
total to the lowest to determine which allocation applications shall receive an allocation award. In the
event of identical scores. tied applications shall be further ranked in descendin~ order from the earliest
controllin~ date. The planning director shall incorporate the results and his recommendations for
which allocation applications should receive awards in a report to be submitted to the planning
commission.
32( c) Additional guidelines for evaluation of allocation applications: The planning director, in making
his initial evaluation and ranking, and the planning commission, in considering the evaluation and
rankings during the public hearing, shall consider the following:
33(1) Subject to approval by the board, the planning commission may award additional units
from future quarterly allocation periods to fully grant an application for attached residential
units, if such an application receives an allocation award for some, but not all, of the units
requested because the applicant seeks more units than are available during that allocation
period. The planning commission shall not reduce any future quarterly allocation by more than
twenty (20) percent, but may apply the reduction over any number of future quarterly allocation
periods. If the planning commission so awards additional units, the award shall not take effect
until it is approved at a regularly scheduled board meeting. Multi-family affordable housing or
elderly housing projects shall be given priority.
(2) The planning commission may recommend that two (2) or more allocation applications
with identical rankings and controlling dates be approved despite the fact that the quarterly
allocation will be exceeded if:
a. Express findings are made justifying the decision; and
b. The excess allocation is reduced from the next succeeding quarterly allocation
periods at a rate of no more than three (3) per quarterly allocation period; and
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c. The board confirms the planning commission recommendation.
34(d) Public hearing andfinalization of allocation application evaluation and ranking:
Upon completion of the evaluation report, the planning director shall schedule a public hearing by the
planning commission for purposes of finalizing allocation award distribution. The planning director
shall provide written notice to all applicants at least thirty (30) calendar days prior to the hearing date.
Notice of the hearing shall also be given at least thirty (30) calendar days prior to the hearing date by
publication in a nonlegal section of the local newspapers of greatest general circulation in the Lower,
Middle and Upper Keys of Monroe County.
35(1) During the public hearing, upon review of the evaluation report and any other pertinent
information, the planning commission may adjust the points awarded for meeting a particular
criteria; adjust the rankings as a result of changes in points awarded; or make such other
changes as may be appropriate and justified, or authorized by (c) above.
(2) Changes to the ranking and evaluation report shall be made in the form of a motion.
Justification for changes may include the following:
a. an error in the designation of the applicable subarea;
b. a mistake in applying one (1) or more ofthe evaluation criteria;
c. a misinterpretation of the applicability of an evaluation criterion or guideline.
(3) Testimony from the public, including applicants, shall be taken; however, in no event may
an applicant offer modifications to an application which would change the points awarded or
the ranking of the application. Such chan~es require the withdrawal. amendment and
resubmittal of the application pursuant to Sec. 9.5-124(~). Revisions to avvlications and
awards.
36(4) The planning commission shall finalize the evaluation rankings within sixty (60) calendar
days following initial receipt of the planning director's evaluation report.
37(e) Notification to applicants:
(1) Upon finalization of the evaluation rankings by the planning commission, notice of the
rankings, by subarea, shall be posted at the planning department offices and at such other places
as may be designated by the planning commission.
Page 16001
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
38(2) Applicants who receive allocation awards shall be further notified by certified mail. return
receipt requested. Upon receipt of notification of an allocation award, the applicant may
request issuance of a building permit for the applicable residential dwelling unites).
(3) Applicants who fail to receive allocation awards shall be further notified by certified mail,
return receipt requested; without further action by such applicants nor the payment of any
additional fee, such applications shall remain in the Dwelling Unit Allocation system for
reconsideration in the next succeeding quarterly allocation period.
39,40,41,42
Sec. 9.5-127. Residential dwelling unit allocation evaluation criteria.
43(a) Evaluation criteria l11l2k: The point values established below are intended to be applied
cumulatively except where specified otherwise.
Category : Points Criteria Additional Requirements
.(1)el~n.~<.
.....$...~(tivilip.....I...rfill
. .g(Mt~.~re.i6t~iltffJd.t()..........
e6~Ill'lilSlElt~fJ..lilM.Qf....................
regaJlypJ~ttetf~~bclM~i96s ..
~~ffflij~#*i$t@:J<<
..lnffa$truotllr~.............................<.............. ......i
+10 i Application proposes dwelling umt(s)
1 within legally platted, recorded
[ subdivision on lot(s) served by
i existing infrastructure, including at a
; minimum, potable water, electricity,
and roadways which are paved, as
determined by the public works
department director.
Application proposes dwelling unites)
outside of a legally platted, recorded
i subdivision, but the lots or parcels
i proposed for development are
i served by existing infrastructure,
i including at a minimum, potable
; water, electricity, and roadways
which are paved, as determined by
the public works department director.
Application aggregates a contiguous i 1. "Buildable" means construction of a
vacant, legally platted, buildableJS.. 1 dwelling unit or some development
IS-T. URM. URM-L or CFV lot i could be permitted. as determined
together with the parcel proposed for ::.. by the environmental resources
development. director.
!.........+3........,..ES.cii..s.ddiiioii.ai""co.iii"fguo.us..vacaiit;.......i 2. The following documents must
1 legally platted, buildable IS. IS-T accompany the application:
<I URM. URM-L or CFV lot aggregated . an affidavit of ownership of all
j earns the application the specified affected parcels, acreage or land;
I points. and
) · a legally binding restrictive
I covenant limiting the number of
<! dwelling units on the aggregated
+5
: 1. In order to be conSIdered served.
i the necessary infrastructure must
i be located along the same street as
i the lot(s) or parcel(s) proposed for
i development.
~2. "Existing infrastructure" means
i that the infrastructure has been in
i place since July 13.1992.
i 1. In order to be considered "served."
i the necessary infrastructure must
1 be located along the same street as
1 the lot(s) or parcel(s) proposed for
~ development.
i 2. "Existing infrastructure" means that
i the infrastructure has been in place
I since July 13.1992.
...~'~fil~filct~re..
g9@$~t~i~~(!rl(J(!l:I#) .
...~h~ilt~9(!.*I1~.irlfjll#..l()t$....
Otp#t#I$~~ry(!~I:lY.. .
..el<i$tirlg.irlf/'*@~ttit~.
.-..".._---.....,,-.... ..
.........."'..----."""..--....
.. .(. .3..)...I........t... ........... ........
. ... . ....--...."...--...
....~gg~g.a~i()Il.........
r(@t$~r~l~t~h~ijg~(l
...~l"l@~tj9~ttW.@I@t~l"Y...
...rElg@tiPh..9'~M~~y............... .
...thrqii9ti..*Sl"rtilijiM()f......
vllt@lt,IEl9allYpllltted,.........
~#ilcl~f)l~.lqt~.Wltl"l~erlSitY
~ll~t~~i@/. ..........
: 40
+3
Page 17 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
lot, running in favor of Monroe
County and enforceable by the
county, subject to the approval of
the board of county commission-
ers prior to filing in the office of
the clerk of the County. Such
covenant must be approved by
the board before any develop-
ment approval may be issued
pursuant to an award.
(I)~pi~g.> +2 ~ Application voluntarily reduces 1. Parcels proposed for development
ff'@9IQI"'tlil> I ~~~~~~:~ ~~;~:~:r~~h~:~r~;1 ~~~i~~ ~:~~~ :~ ~~~~:~e~~~icts
II-~~tt$~()~....... i between fifty (50) and sixty-six (66) . residential units per acre.
F>~in~~rein~t\dfl~#)L......................l..~.~~~:~~:...............................................................12. The following documents must
fl/'ll::()ijr~~t~~*(ll@t~& i +4 i Application voluntarily reduces i accompany the application:
t~(:M::tI()fjjh~ll()~tfl~<> ......>. i i allocated density of the parcel i. an affidavit of ownership of all
(jEl~$itY()fjp~~I$....titWHi ~ proposed for development by i affected parcels, acreage or land;
#~MIW~ll~tl@l/'l>. .i i between sixty-seven (67) and i a legally binding restrictive
resi(j~hij~IHl'litS~~ral::rl:lj i seventy-five (75) percent. 1 covenant limiting the number of
W()OOhth.~tllJ~~t .....<. r.......+S.......rAppiication.voi"liii.ta.riiy.reduce.s................i dwelling units on the acreage
rEl~@::tN~l::9v~6~l'\tS; .. ..j i allocated density of the parcel ! tract, running in favor of Monroe
>! i proposed for development by greater i County and enforceable by the
i : than seventy-five (75) percent. i County, subject to the approval
.......... 1 i of the board of county
.>i i commissioners prior to filing in
j i the office of the clerk of the
....i 1 County. Such covenant must be
i i approved by the board before
j i any develop-ment approval may
i i be issued pursuant to an award.
+2 Application includes dedication to 1. "Buildable" means construction of a
Monroe County of one (1) vacant, dwelling unit or some development
legally platted buildable lot or at least could be permitted. as determined
one (1) acre of unplatted buildable by the environmental resources
land located within conservation director.
areas or areas proposed for The following documents must
acquisition by governmental accompany the application:
agencies for purposes of . an affidavit of ownership of all
conservation and resource affected lots, parcels, acreage or
land;
. a statutory warranty deed,
subject to the approval of the
board of county commissioners
prior to filing in the office of the
clerk of the County, which
conveys the dedicated property
to the County. Such deed must
be approved by the board before
any development approval may
be issued pursuant to an award.
assigned for each additional legally
platted, buildable lot, and for each
one (1) acre of unplatted buildable
land located in areas proposed for
acquisition by governmental
agencies for purposes of
conservation or resource protection,
which lot(s) or acreage is dedicated
to Monroe County.
Page 18 of 3 1
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
Application proposes dwelling unit(s)
which meet the definition of
affordable housing in Article 3,
Division 11, and restricts dwelling
unit(s) to households which:
· derive at least seventy (70)
percent of their household income
from gainful employment in
Monroe County; and
· earn an income no greater than
one hundred (120) percent of the
median household income in
Monroe County;
for a period of at least twenty (20)
years.
Application proposes to clear areas
of habitat type and quality from
Group 4:
. high hammock (high quality)
· low hammock (high quality)
. pineland
· undisturbed beach/berm
. saltmarsh and buttonwood
wetlands
· palm hammock
. cactus hammock
proposes to areas
of habitat type and quality from
Group 3:
· high hammock (moderate quality)
. low hammock
proposes areas
of habitat type and quality from
Group 2:
. high hammock (low quality)
· low hammock (low quality)
· disturbed land with saltmarsh and
buttonwood
· disturbed land with beach/berm
proposes to
~ of habitat type and quality from
Group 1:
. disturbed/scarified
. disturbed with exotics
;iii.=~;;lm:1:mJ~~~i~~~~~~;~~;::'~:';~J ,. ~~~~~~~ shall be aWned
A(@~s~t~~a~l!I/;fM~M. !:.1Q1 ! Application proposes dwelling unit(s) !
M:i~j;lI)I!!lI/'tlP@t~~ftM< . i i within one hundred (100) feet of any i
Pt9PI:l~~cl~!!l\fflI()Ptl1~@OO . .:. !. known nesting area for marine !.
tM$lJc~sfijlpt()t~$ti()n> j i turtles. as described in Section 9.5- i
+5
! 1. The following documents must
i accompany the application:
i · an affidavit of ownership of all
i affected lots, parcels, acreage or
i land; and
i · a legally binding restrictive
: covenant consistent with Sec.
9.5-266(a)(3) and (4)[original
ordinance section number].
Such documentation must be
approved by the board before any
development approval may be
issued pursuant to an award.
1. If the approved clearing area
includes more than one habitat
type/habitat quality group, points
shall be assigned to the application
for development on the basis of the
following formula:
(area of clearing in Group 1/area in
parcel to be cleared) x (+1) +
(area of clearing in Group 2/area in
parcel to be cleared) x (-2) +
(area of clearing in Group 3/area in
parcel to be cleared) x (-5) +(area
of clearing in Group 4/area in
parcel to be cleared) x (-10)
Determination of the quality of
undisturbed high hammock, low
hammock and pinelands shall be
made through utilization of the
habitat analysis indices and scores
(HEI), applied pursuant to article
VII, division ## (environmental
design standards).
::5
-2
+1
Page 19 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
~i1dr~i#>v~ry9fll>. .. .. r......................T":2"sEffori.gj.naTo.rdiiiance.sectio.n................i
....tl'lrElll~~~i:f..~~.~ml111rigEl~fi(j........ 1. .1 n m r n h lin k 1
M!m~l~~~~$jl"ljt$> ......... :
Mt\Jr.IMplt~t... . .. ...1........~1""6.......t..Appi.icatio.n.proposes.dweiiiii.g..uii.ii(~)"".1
I i within five hundred (500) feet of any i
1 ! known nesting or resting area of the 1
.....1 i piping plover. 1
r.......~........rAppijcatio.n.propo.ses.dweiiiii.g..unii(sf.i
j i within a probable or potential habitat i
! ! of a threatened/endangered species. !
.> .. r........~.2........rAppi"icatio.n.proposes.dweiiiii.g..unii(s)"".
>I i within the habitat of a wide-ranging
d) ! threatened/endangered species or a
i i species of special concern.
-10 1 Application proposes dwelling unit(s) 1. Point values shall be applied
1 on Big Pine Key. No Name Key. cumulatively.
.. 1 Ohio Key or North Key Largo. .
...~-g.................+..................................................................................,
1 ::1Q i Application proposes dwelling unit(s) 1
j i within Priority I and Priority II 1
1 1 acquisition areas of the National key 1
I i Deer Refuge. i
.... .........................+...................................................................................1
.. >j ::1Q 1 Application proposes dwelling unit(s) i
I i within the Coupon Bight or CAR.L. i
1 1 acquisition areas. 1
.. ...r........~1""6.......T..Appi"icatio.n..propose.s.dweiiiii.g..unii(~)"..
j 1 within the "secondary zone" defined
i i by the U.S. Fish and Wildlife Service
i . in the Habitat Management
1 Guidelines for the Bald Eagle in the
i Southeast Region. 1987.
I incorporated herein by reference.
+ 1 A point shall be awarded on the .1. If. after gaining a perseverance
anniversary of the controlling date for 1 point or points. an application
each year that the application i should be withdrawn for any
remains in the dwelling unit i reason. the perseverance point(s)
allocation system up to four (4) ! gained shall be retained: however.
. years. i a new controlling date shall be
r.........+2........T"poiiits.shaii.be.awa.rdecfoii..iiie................1 established as provided in Sec. 9.5-
i - i anniversary of the controlling date for i ~
j i each year over four (4) that the !
i 1 application remains in the dwelling i
i i unit allocation system. i
(~'I)9()~!ltaIHi9t'l~ .:1 1 Application proposes development i 1. The term coastal high hazard area
AdA>. ! within "A" zones on the FEMA flood i (CHHA) is defined in Sec. 9.5-11
.,...,'~~~=~~41 . i insurance rate map. 1 and the applicable areas are
....................................'r............-...................................................................................
PJ~!9~~~~~i~t'l'lif~~tRii =6! Application proposes development ! shown on the most recent Federal
~1~9~;!!le~~vel~W~n~9fj i within "YO zones on the FEMA flood i Emergency Management Agency
'ne~i;~~1~i9ti~a~.~g 'j i insurance rate map. 1 (FEMA) flood insurance rate map.
ar~a{9~~A\>[.........+.1.........rAppi"icatio.n.propo.se.s.deveiop.iii.eni""......[
. ..... 1 - : within "X" zones on the FEMA flood :
1 ! insurance rate map. !
. '(lrO". ..r..... . . .........
.....Ha~j;~~~a~.................
....(.......,...................0...............)............................................................
.....-..-....---..-....
. ......,.........."",.
."......-........"",.
..._,.,........."",...
......."....._---"",.
....................",..
......--...........""..,,--.-""'.
II!E~ril1be...
Page 20 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
(1~l~c:)~~tcIr .
@~~~IEt~<... ·
Ft.....................................
!~I;)~~~~i.
. ~y~~~R1(~.~~)
-10
Application proposes development
within units of the Coastal Barrier
Resources System (CBRS).
1 The term coastal banier resources
system (CBRS) is defined in Sec.
9.5-11 and the applicable areas are
shown on the most recent FEMA
flood insurance rate map. For a
general listing of the County's
fifteen (15) CBRS units. see Sec.
3.18.3 of the Technical Document.
Application proposes development
which adversely affects. removes or
destroys historic structures located
within local or national districts or
i destroys known archaeological
. ~ resources.
r.....+.1.0......T"Appi"icatioii.propose.s.d"eveiopm.ent""......~
. .i i which preserves. restores or i
i [ enhances historic or known i
~ ~ archaeological resources. i
(1f))""'~t :1:1+1: Application includes ultra-low volume
COnsl:Jl"Vatibl1> plumbing fixtures for all toilets, sinks,
::-:-:':-:-:-:-:-:.:-:-:-:-:-:.:.:.:-:-:-:-:-:-:-:.:.:->:-:-:-:-:-:-:.:-:::.-:-:-:-:-:-:."-.--.-.'.... and showers which match the
i.lilt~'1 ~05;:d~-iH;::~h
f(ir:pi~~~~~~~~IC)~rr'~nti
il1~..~a.s.MWl1i(;ljf"16l"i<lll ..........+.1........T"Appiicatio.n.j.nclud"es.ei.ther:........................ .1..."A"iTiaxiiTiu.m..of"oiiiy.o.iie.H)"pofiit.........
K~ysAtt6Ell:li.i<:(Alit/'l(:liity ~ · a primary water source consisting shall be earned for any single or
W@Jtc:;(,/"l@ctAA1j~> i of a cistern (12,500 gallon combination cistern and/or RO
pl"l:)blM~;M#~~rif:)Eldm i minimum) or reverse osmosis (RO) ~
Page 21 of 31
1 The Secretary of the Interior's
guidelines shall be used in making
these determinations.
1 No point credit shall be granted
unless flow rates match those
listed and all building department
application requirements are met.
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
facility (200 gallon per day :2. All RO systems must be used to
: minimum); or i convert saltwater to potable fresh
i · a secondary water source : water. The use of RO facilities to
1 consisting of a cistern (2,500 1 filter potable water shall not be
i gallon minimum) or reverse i awarded a point.
: osmosis facility (50 gallon per day :3. All building department application
i minimum) j requirements must be met.
lilll~6\! +1 I ~~::~;~:;~i~:~;~rh:;~) 1" :~~:':,;o~~~~o~~~ ~.Ol aoo~
~~~ji~~~~i~~\ddt; ~.i better. :2. All building department application
~l"l~r!iJY#l'l~~l'lI~~lol"l.. i requirements must be met.
....Br~ffi~~~f~~~~$~da".....f.........+.1.........r..~:j!~~~~~:.i~~~:.~:;;r~i;~=:;:.:~.."I.1":.~~~i~:~~~~~.e~t.~~~n~:~iicai1on.....
{l~,,~@;~il"i~*j"&.~~ri9t: : calculated for Section 9 - Residential :
~.l'lI~~~Ytb~f'l9ri<l"I<~~~ 1 : Point System Method of the Florida 1
..........i<../i i Energy Efficiency Code for Building i
................<...........<.............: : Construction. :
gl~ctl"l~&o9pj,r~tiVecMttle . A r f . I d f th
yiW~I~cti@~~$twn.. .<r........+"1".......r;~~~~.~~.ri.i.ric.u...es.one.o......e................1
i i · a solar hot water heater; i
1 : · photovoltaic panels; or :
.j i . a wind enerator 1
('~)'J..q9J...r,l; + 1 i Application proposes dwelling unit(s) i 1. All building department application
lt1t~gr~ty9f<..... I :~e~ea~~~~~~~i~~i;;U~~~:~II. !::' requirements must be met.
Qpij,trtlqtiqJj<. 1 division 6 of this chapter by tbi!1een .
Rc)@$~r~Mter9~~#l i i (13) inches or more. i
~6cQ~illlgeMJh$tijM;lri:I$r.......+.{......rAppiicatio.ri.proposes.dweiiin.g"un'ii(s)"".Tf""\'iijjri<fioading.iliust"i).e"ce.rtifiecf"t,y"a'"
<.>f$t".g~Ni~'@~~9ritY.<i i designed to meet a minimum peak i qualified engineer or architect.
1 : wind speed of 130 mph. :2. All building department application
f.........+.{......rAppiicatio.ri.shaii"ea.rri.an..adciiiionai"......1 requirements must be met.
........ i i point for proposed dwelling unit(s) i
............... j i designed to meet a minimum peak j
i i wind speed of 155 mph. 1
58(b) Additional requirements:
(1) The Building Department shall not approve any inspection that does not fully comply
with points earned.
(2) The Building Department shall not issue a Certificate of Occupancy without evidence
showing full compliance with points earned.
Sec. 9.5-128. Appeals.
Page 22 of31
Residential Permit Allocation System - BOCCI (Draft 1121/98)
59(a) An appeal of the decision of the planning commission shall be made to the board of county
commissioners. The notice of such appeal shall be on a form prescribed by the planning director
and must be filed with the planning director within thirty calendar (30) days of the planning
commission's decision. Failure to file an appeal with the board shall constitute a waiver of any
rights under this chapter to further appeal the decision of the planning commission on the award
of dwelling unit allocations.
(b) The filing of an appeal shall not stay either the action of the planning commission or the
action of the planning director.
(c) If, as a result of a successful appeal, additional allocation awards are to be made, the board
shall instruct the planning director as to how many dwelling units shall receive allocation awards,
when such allocation awards are to be made and what effect such additional allocation awards
shall have on the current annual or quarterly dwelling unit allocation, to ensure that the
residential dwelling unit allocations set forth in Sec. 9.5-125 are not exceeded. The planning
director shall inform the planning commission of the results of the appeal and the disposition of
any additional allocation awards.
60Sec.9.5-129. Administrative relief.
(a) Conditions/or application/or administrative relief An applicant may apply to the board
for administrative relief pursuant to the terms and conditions set forth herein if the following
conditions are met:
(1) the applicant has been denied an allocation award for Four successive years in the
Dwelling Unit Allocation System; and
(2) the applicant's proposed development otherwise meets all applicable county, state
and federal regulations; and
(3) the application has not been withdrawn; and
(4) the applicant has complied with all the requirements of the Dwelling Unit
Allocation System.
(b) Application time frame. An application for administrative relief shall be made on a form
prescribed by the planning director and shall be filed with the planning director no earlier than
the conclusion of the applicant's third annual allocation period and no later than ninety (90)
calendar days following the close of the applicant's fourth annual allocation period.
Page 23 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
61(C) Failure to file application for relief Failure to file an application shall constitute a waiver
of any rights under this section to assert that the subject property has been taken by the county
without payment of just compensation as a result of the Dwelling Unit Allocation System.
62( d) Public hearing: Upon receipt of an application for administrative relief, the board shall
notice and hold a public hearing at which the applicant shall be given an opportunity to be
heard. The board may review the relevant applications and applicable evaluation rankings,
taking testimony from county staff and others as may be necessary and hear testimony of and
review of documentary evidence submitted by the applicant.
6\ e) Board action: At the conclusion of the public hearing, the board shall take any or a
combination of any of the following actions:
(1) Grant the applicant minimum reasonable economic use. which shall mean, as
applied to any residentially zoned lot of record which was buildable immediately prior
to the effective date of the comprehensive plan. no less than a sin2le family residence.
Any allocation awards granted as administrative relief shall be issued in the next
succeeding quarterly allocation period or extended pro rata over several succeeding
quarterly allocation periods.
(2) Offer to purchase the property at its fair market value. which is defined as an
amount no less than the ad valorem valuation in the Monroe County Real Property Tax
Roll for the year 1992.
64
(3) Suggest such other relief as may be necessary and appropriate.
Section 2. If any section, subsection, sentence, clause 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.
Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto. The person
authorized to prepare the supplement (i.e., Municipal Code Corporation) is hereby authorized to
make nonsubstantive changes insofar as it is necessary to embody this ordinance into the existing
Code of Ordinances. For example, the Municipal Code Corporation may:
Page 24 of31
Residential Permit Allocation System - BOCCI (Draft 1121/98)
1. Organize the ordinance material into appropriate subdivisions;
2. Provide appropriate catchlines, headings and titles for sections and other
subdivisions of the Code printed in the supplement, and make changes in such
catcWines, headings, titles and the index;
3. Assign appropriate numbers to sections and other subdivisions to be inserted in
the Code and, where necessary to accommodate new material, change existing
section or other subdivision numbers; and
4. Change the words "this ordinance" or words of the same meaning to "this
chapter", "this article", "this division", etc., as the case may be, or to
"sections_to _" (inserting section numbers to indicate the sections of the
Code which embody the substantive sections of the ordinance incorporated into
the Code).
However, in no case shall the codifier make any material change in the meaning or effect
of this ordinance.
Section 5. Effective date. This Ordinance shall take effect immediately upon approval under
Florida Statutes Chapter 380 and receipt of official notice from the Office of the Secretary of
State of the State of Florida that this Ordinance has been filed with said office.
Section 6. The Clerk of the Board is hereby directed to transmit a certified copy of this
Ordinance to the Florida Department of Community Affairs.
Section 7. The Clerk of the Board is hereby directed to transmit a certified copy of this
Ordinance to the Secretary of State of the State of Florida.
Page 25 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a meeting of the Board held on the Ilthdayof February ,A.D., 1998.
Mayor London yes
Mayor Pro Tem Harvey yes
Commissioner Douglass yes
Commissioner Freeman yes
Commissioner Reich yes
BOARD OF COUNTY COMMISSIONERS
OF MO ~OUNTY, FLORIDA
~-
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~2~~
DEPUTY C RK
BY:
Page 26 of 31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
I While most habitat areas are documented on the maps, the determination of whether a particular parcel represents
Yiabk habitat for a given species may come from a variety of sources, including documentation from state and
federal agencies and site visits by the environmental resources department staff. Requiring strict adherence to the
maps can erroneously lead to the assignment of negative points where a site visit has confIrmed that the parcel is
actually not YiallkLhabitat.
2 1) Live-aboards are not a good fIt for the way the RaGa point system works (meaning for example, there is no
potential to gain points in many categories), but they must be included since they are dwelling units which contain
people that must be evacuated during a hurricane.
2) The term motel is removed because the defmition of hotel in Sec. 9.5-4 covers them both.
3 This defmition is clarifIed to reflect that approval of an application for an allocation award is separate from the
issuance of the building permit itself.
4 See note on "Known habitat".
5 Section (a), Term, was deleted since as is true in all other sections of this chapter, this provision is presumed to be
in effect unless specifIcally repealed.
6 This language is moved from its original location after the allocation tables (formerly 9.5-121.1(c)) to achieve a
more logical order since it is a cornerstone of the RaGa.
7 The following language will appear in the ordinance to establish the effective date: "This ordinance, as revised,
shall take effect immediately upon receipt of offIcial notice from the OffIce of the Secretary of State of the State of
Florida that this ordinance has been fIled with said offIce." Section (b) is added to explain that the revised RaGa
ordinance, especially the new point categories, will be applied to all applications in the RaGa system beginning in
the fIrst quarter after the state approves it. This will result in changed rankings for some applications, sometimes to
the applicant's benefIt, sometimes to his detriment. However, vesting applications already in the system under the
old point scheme involves some undesirable issues, for example, such as the complications involved with dividing
allocations between a vested pool and a new pool and setting a precedent for vesting people without development
approval (i.e., a building permit). Upon the effective date of the ordinance, the Planning Department will establish a
"grace period" to allow applicants to revise their applications if they wish and resubmit them without paying any
additional fees and without changing the controlling date of the application.
s 1) This section has been streamlined and condensed to remove unnecessary detail, reflect how the implementation
of RaGa has evolved, and still maintain a link to the requirements of the comprehensive plan. Since concurrency
issues are covered at length in the comprehensive plan, specifIc discussion here is limited. The purpose and intent
statement in the beginning of this ordinance and various plan policies (for example, 101.5.6 which calls for the
permit allocation system to be monitored annually and adjusted) are suffIcient.
2) Policy 101.2.3 of the plan requires procedures for adjusting the number of permits available each year. These
are provided in Sec. 9.5-126, Evaluation Procedures.
9 The Big Pine and No Name Key subarea is created in order to implement Policy 103.1.1 which provides for 8
permits per year to be issued in this area. A separate subarea is necessary to ensure that these applicants are eligible
to receive these allocation awards.
10 Policy 101.3.4 includes these public and institutional uses with the stated exceptions.
II Reference to the 1990 Census is included to reflect more clearly the basis for the number of available dwelling
unit allocations. Units legally built after the date of the census are also eligible for redevelopment or replacement
without going through RaGa.
12 Specifying that nomesidential uses are exempt eliminates the need to specifIcally mention public/governmental
uses and capital improvements; thus, they are deleted from the list.
13 This provision is intended to instill greater flexibility and encourage improvement of housing stock, but is not
intended to circumvent current environmental and development provisions, such as encouragement of infIll and
directing development to areas intrinsically most suitable, etc.
Page 27 of31
Residential Permit Allocation System - BOCCI (Draft 1121/98)
14 This section seems cumbersome, but it covers well the few applicable residential dwelling units, so it remains
unchanged except for general clarification as to the location of Zone 7.
15 This section is changed is to clarify that you could not apply for a DR! today and be exempt from ROGO.
16 This subsection is intended to implement Policy 101.2.6 of the 2010 Plan which prohibits new transient
residential units through December 31, 200 I.
171) Former sections (a) and (b) of the Residential Dwelling Unit Allocations section have become Sec. 9.5-125,
located immediately after the Application Procedures to be in a more logical order.
2) Former section (c) has been moved to Sec. 9.5-123 (a) since it is a cornerstone of the ROGO concept.
3) Former section (d) on Exempt and Vested Development has been moved to Sec. 9.5-126 which discusses annual
adjustments to the number of market rate allocations available.
18 Although applications are generally taken at the counter and fees are not accepted unless they are complete, the
completeness provisions should be retained in case someone does not apply and enter ROGO in person.
19 Sections (f) and (g) have been relocated from Evaluation Procedures to maintain a more logical order.
20 The former (1) and (2) have been combined and revised to reflect current practice, which is to allow applicants to
withdraw and resubmit their applications as new (new fees and controlling date) until the time the rankings are
finalized for submittal to the planning commission. Where building plans are revised, it is up to the applicant to
determine whether the building department's normal review procedures will allow enough time to make this
deadline.
21 The logic behind "increasing" in (2) and "maintaining or increasing" in (3) is to prevent people from changing
their applications and requiring excessive review prior to construction.
22 Under the new cesspit replacement program, ROGO allocation awards will not actually be issued until a cesspit
credit is available. Therefore, the clock will not start ticking for expiration of the ROGO award until an applicant is
notified by mail that a cesspit credit is available and the building permit may be issued.
23 The provision for borrowing allocations from future quarters in order to approve a multi-family project was
moved to 9.5-126, Evaluation Procedures, since it has to do with adjusting the number of allocations available.
24 I) This section has been moved to this location to be near 9.5-126, Evaluation Procedures, which contains the
provisions for adjusting the number of allocations.
2) A subarea for Big Pine and No Name Keys has been created in order to accommodate Policy 103.1.1 of the plan
which allows 8 permits a year to be issued in these areas. The new separate subarea is necessary because it is
unlikely that applicants from these areas could compete successfully for permits against other Lower Keys
applicants without going to extraordinary expense.
2 The Planning Department proposes changes to the way the set-aside affordable allocations are currently handled.
Under this proposal, the Housing Authority would have the responsibility for screening applicants for affordable
allocations for eligibility, and for distributing set-aside allocations to the qualified applicants. An intergovernmental
agreement between the County and the Housing Authority must be developed in order to establish the specific
procedures for the Growth Management Division's review of applications for compliance (Le., all the point
provisions ofROGO and the Plan must still be complied with, such as environmental and clustering provision) and
the Housing Authority's screening and distribution of them (e.g., to ensure fairness). This new system would
accomplish several things:
· relieve the Planning Department of the responsibility for reviewing and monitoring sometimes complicated
eligibility requirements;
· put permits together with the Housing Authority's funding sources and programs which have historically been
hampered due to the unavailability of permits;
· prevent affordable allocations from going unused from quarter to quarter; and
· reduce loop holes for abuse of the set-aside allocations.
Page 28 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
26 All the provisions related to adjusting the number of allocations available are listed here together to be more
convenient and consistent with the way the quarterly ROGO reports have evolved. The determination of how many
allocations will be available is done before the rankings. Once the rankings are done and compared to the awards
available, decisions related to granting additional awards, e.g., for multi-unit projects, can be made. Guidelines for
those decisions are included later.
27 This provision is specified by Policy 101.2.3 of the plan.
28 This is added to reflect department practice over the last 5 years.
29 This provision is added in order to achieve internal consistency with other sections of this ordinance, e.g., appeals,
administrative relief, etc.
30 This provision for adjusting allocations to account for vested units is moved from its prior location immediately
after Residential dwelling unit allocation to this location.
31 Very specific evaluation details do not need to be included in the LDRs. These revised evaluation procedures are
intended to simplify and streamline the regulations, not eliminate any of the current practices, deadlines or
requirements.
32 Any provisions which authorize the planning commission to grant more awards than the basic allocation are
~rouped here together.
3 (1) This provision was added by Rule 28-20.025 under Application Procedures. Since it has to do with granting
allocations from future quarters, this is a more logical place.
34 Distinct public hearing procedures are maintained for ROGO for two principal reasons:
1) Reference to the planning commission hearing procedures for development review would require complicated
exceptions because of differences such as posting of notice and distance requirements.
2) The hearing procedures section of the LDRs is proceeding separately from the revisions to ROGO, so that if this
amendment were adopted first and included reference to the other LDRs which were not effective yet,
implementation would be hampered.
35 The hearing procedures are essentially the same; unnecessary details have been removed, such as specifying that
the planning commission may request copies of the applications and evaluation worksheets--these are supplied
anyway.
36 The specific procedures for closing the hearing have been deleted since such specific procedures are not included
anywhere else in the LDRs for hearings. Plus, since the planning commission is required to fmalize their ranking
within 60 days, this deadline will automatically result in a conclusion to the hearing.
37 Section (e) is reorganized but substantively nothing is different.
38 The change requiring certified mail notice reflects current practice.
39 The sections on Withdrawal of applications and Revisions to applications have been relocated to the 9.5-124,
Application Procedures. above.
40 The section entitled Clarification of applicant data is deleted as unnecessary since the same could be said for any
type of development application.
41 The provision for handling applications with identical rankings has been moved to 9.5-126, Evaluation
Procedures, Additional guidelines.
42 This provision for administrative relief has been made its own section, 9.5-129, and relocated at the end of
ROGa.
43 The table incorporates the changes to the evaluation criteria and points required by the fully adopted
comprehensive plan, as well as some additional revisions and improvements. Table formatting will be addressed
when revisions are more fmalized.
44 The point criteria for infill are modified to encourage true infill. For instance, in cases where a large subdivision
has been platted on paper but services not extended throughout, applicants are encouraged to locate in served areas,
Page 29 of31
Residential Permit Allocation System - BOCCI (Draft 1/21/98)
not only to limit the further extension of services and public expenditure, but also to discourage checkerboard
development where habitat might be maintained.
45 This is a very desirable way to take land out of the realm of dwelling unit development because the county is not
responsible for any land transaction, and the land remains on the tax rolls. The revisions clarify that lot aggregation
is intended to reduce the number of potential dwelling units for purposes of hurricane evacuation so points are based
on units of surplus density which are forfeited through aggregation.
46 The equivalent mechanism to aggregation for unplatted lots is acreage tract density reduction.
47 Revisions to all regulations related to affordable housing will be proposed in an upcoming segment of LDR
amendments.
48 (1) The BOCC recently provided policy guidance on this and all other environmental point criteria: that the
maximum negative points be awarded and minimum positive points.
(2) "Disturbed/scarified" habitat is equally appropriate for development and providing a bonus only where exotics
are to be cleared actually tends to "penalize" those who have kept scarified lots free of exotics.
49 A mandatory negative ten points are required for this criteria by Policy 101.5.4(8).
50 (I) The term controlling date is added to clarify that perseverance points are awarded according to the new
resubmittal date and time, once an application has been withdrawn.
(2) Applicants are further rewarded for persevering longer than four years by awarding two points instead of one for
each year after the fourth. However, this requires that the applicant make a choice about whether to apply for
administrative relief (since there is a deadline) or to continue in ROGO.
51 Because of the risk which is mitigated by stricter construction standards in the V zones of the coastal high hazard
area, this point is set at the lowest major negative.
52 Until the management plans for conservation land protection areas are written, this point criteria will be
impossible to implement since the management plans will determine the extent of the "protection area" around each
conservation site and the particular protection it will require.
53 The plan calls for minor points to be awarded for the use ofTDRs.
On the plus side:
+ more sensitive habitat may be protected since receiver sites cannot be more sensitive that sender sites.
+ this might help encourage the development of platted lots zoned SR which have less than the 2 acres required to
build a unit.
On the minus side:
- use ofTDRs in order to achieve sufficient density implies a receiver site which was not intended for such
development in the first place.
- it encourages development on unplatted lots (since lots with density allocated per lot do not need TDRs);
- there is no reduction in the number of potential dwelling units, as there is with land dedication or lot aggregation.
If this point category is retained, the department recommends requiring the transfer of whole development rights to
prevent applicants from gaining points for the purchase of small fractions of a development right and to ensure that
sensitive habitat is protected from the development of at least one unit. Plus, forthcoming revisions to the TDR
system should specify the types of sites which are eligible to be sender and receiver sites and adjust ROGO point
values accordingly.
54 It will be impossible to effectively and consistently apply this point criterion without a historic preservation
ordinance in place which implements the preservation policies in the plan. For example, their are no clear
provisions related to local historic districts, what constitutes "adversely affecting" or "enhancing" a site (this is
important since this category is worth major points), nor has a recent inventory of historic or archaeological sites
been conducted. This ordinance is to be developed as part of Wave III of the LDRs.
Page300f31
,.
Residential Permit Allocation System - BOCCI (Draft 1121/98)
SS To this and other building department categories, a note is added to clarify that anything required by the building
department application must be included in order to get point credit. Incomplete applications have been problems in
the past.
S6 The clarification is made that no points are awarded where no air conditioning is proposed since window units
added at a later time are likely to be inefficient.
S7 This criterion is modified to give a specific minimum over one foot that a structure must meet in order to earn the
fsO~~tions (1) through (5) which addressed necessary documentation, such as deeds and restrictive covenants, are
now added to each point evaluation category where they apply.
S9 The time period and other language are amended to be consistent with that for other types of appeals. The
language reflects that appeals should be filed with the planning director instead ofthe county administrator since it
is a planning commission matter. Reference to the planning commission secretary forwarding relevant information
has been deleted as unnecessary.
60 1 )This provision has been relocated from Application procedures and made its own section.
2) This section has been revised to reflect Objective 101.6 and its associated policies in the plan, mainly correcting
the erroneous limitation of administrative relief to those applications submitted for the first four annual periods.
61 Reference to providing the board with all relevant files and records is unnecessary.
62 Information regarding the public hearing is consolidated here in (d).
63 Section (1) addresses the meaning of minimum reasonable economic use for a residential lot and is taken from the
comprehensive plan verbatim (as is section (2)). Although the comp plan does not include section (3), it is retained
in order to provide options for other situations, such as when an applicant applies for an allocation to be used on a
commercially zoned lot and requires administrative relief.
64 Conflict and severability are provided for generally in article 1.
Page 31 of 31
Dann}? I.. Itolbage
''\,
'.
BRANCH OFFICE
3117 OVERSEAS lllGHWAY
MARA TIlON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WlllTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
March 4, 1998
CERTD'IED MAIL
RETURN RECEIPr REQUFSTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
-
Dear Mrs. Cloud:
Enclosed please find a certified copy of Monroe County Ordinance No.006-1998,
adopting land development regulations to amend the Residential Dwelling Unit
Allocation Ordinance (or Rate of Growth Ordinance (ROGO)) to implement new
provisions of the Residential Pennit Allocation System in the Monroe Count~ Year 2010
Comprehensive Plan related to new point categories, the moratorium on new transient
dwelling units and administrative relief; revising point criteria under the perseverance
point category; establishing a new subarea for Big Pine and No Name Keys to
accommodate the eight pennits per year specified by Policy 103.1.1;allowing for off-site
replacement of legal nonconfonning excess residential density on eligible parcels;
revising the provisions for the twenty percent set-aside allocations for affordable housing
to assign the Housing Authority responsibility for detennining applicant eligibility and
distribution of allocation awards consistent with the intent of the Residential Dwelling
Unit Allocation System; reorganizing, amending and streamlining the existing land
development regulations to achieve the stated purposes and intent of the ROGO;
establishing an effective date; providing for severability; providing a remedy in the case
of conflict; providing for codification; and providing for transmittal to the Florida
Department of Community Affairs and the Florida Secretary of State.
,.'.\.'."...L"
Mrs. Liz Cloud
March 4, 1998
Page 2
"-
"
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on February 11, 1998.
Please file for record.
"'
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
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Depu Cler
.
cc: County Attorney
County Administrator
Growth Management Director
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D,I~ISIONS OF FLORIDA DEPARTMENT OF STATE
Oiiicl' ni thl' Sl'lTl't.lr\'
()/jicl' llf Intl'rn.ltilll1.ll Rl'l,ltillIlS
Di,'isioll of Administr.lth'l' St..'f\'iCl'S
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Di,'isioll (If Cultur.ll Affairs
Division of FIl'ctillllS
Di\'ision of llistoric.ll Rl'Sllun..'l'S
Di,'isilll1llf l.ibr.lr\' and Infoflll.1tillll St.'f\'icl'S
lhisinn ni Licl'nsing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Kl'Ys Prl'sl'rvation Board
Historic Palm Bl'ach County Prl'servation Board
Historic Pensacola Preservation Bllard
Historic St. Augustine Preservation Board
Hist(lric Tallahassee Preservation Bllard
Historic Tampa/Hillsborough County
Preservation Board
Ringling Musl'um ni Art
March 9, 1998
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter of March 4, 1998 and certified copy of Monroe County Ordinance No. 006-1998,
which was filed in this office on March 6, 1998.
Sincerely" ()
~ QtoA,~6L
Liz ~OU)d" Q~f
Bureau of Administrative Code
LC/vm
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 . (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fI.us · E-Mail: electiol1@/Ilail.dos.statefl.lIs
p
381 826 427
Receipt for
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MRS. LIZ CLOUD
StroH and N" FL. DEPT OF STATE
32399-025
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MRS. LIZ CLOUD
FL. DEPT. OF STATE
BUREAU OF ADMIN.CODE/LAWS
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401 SO. MONROE ST.
TALLAHASSEE, FL. 32399-0250
(.QRD.006-1998)
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Growth Management Division
2798 Overseas Hwy. Suite 400
Marathon, FL 33050
March 11, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. James Murley, Secretary
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
BOARD OF COUNTY COMMISSIONERS
MAYOR, Shirley Freeman, District 3
Mayor Pro Tern, Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
Keith Douglass, District 4
RE: Monroe County Ordinance Number 006-1998
Implementation of 20 1 0 Comprehensive Plan Policies Regarding ROGO
Dear Secretary Murley:
Enclosed, please fmd a certified copy of Ordinance Number 006-1998, which amends
Sections 9.5-123 through 9.5-127 of the Monroe County Code regarding the application
and administration of the county's Rate of Growth Ordinance (ROGO), a.k.a. Residential
Dwelling Unit Allocation System.
This ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting in formal session on February 11, 1998 and is being forwarded to the
Department for review and consideration.
Also enclosed is the accompanying staff report that contains the necessary data and
analysis to support the amendments. If you need any further information or have any
questions, please call me at (305) 289-2500.
Sincerely,
~ 4 1&;'-
-
Isabel T. Reid, Senior Adminstrative Assistant
Growth Management Division
Enclosures (2)
cc: Charles Pattison, Division of Resource Planning and Management
e
< .
James Murley
March 11, 1998
Transmission of ROGO revisions
Mike McDaniel, ACSC Administrator
Ty Symroski, Florida Keys field Office Manager
James L. Roberts, County Administrator (w/o documents)
James T. Hendrick, County Attorney (w/o documents)
Robert L. Herman, Director of Growth Management
Timothy J. McGarry, Director of Planning
Kimberly Ogren, Comprehensive Plan Manager
Belle DeSantis, Deputy Clerk