Resolution 087-2017MONROE COUNTY, FLORIDA
RESOLUTION NO. 087 -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE
APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS
THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN
OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT
AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND
MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING
APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING
UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED
PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN
RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND
APPLICATIONS UTILIZING THE TERM "LOCK- OUT," COMMENCING
MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND
THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD;
FAMILY AND THE UNDEFINED TERM "LOCK -OUT" OF A DWELLING
UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR
WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary
moratorium upon certain development applications proposing occupancy by "three unrelated people"
or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the
term "lock- out," due to pending legislation; and
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, the Monroe County BOCC has identified and discusses concerns with the
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of "lock- out;" and
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WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent
on use of "lock- outs" and this use was not discussed during the update process and further edits are
needed to specifically address "lock- outs;" and
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
unincorporated Monroe County, including the provision of public participation in the planning process;
and
WHEREAS, staff has been directed to process an ordinance to ensure that no new private
applications will be processed for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits, (excluding applications proposing only affordable housing dwelling units) with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit and applications utilizing the term "lock- out," commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock- out,"
providing for expiration within 365 days of the effective date of an interim development ordinance or
when the comprehensive plan and land development code amendments become effective, whichever
comes first.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Staff of the Monroe County Planning and Environmental Resources Department shall process
an interim development ordinance to defer approval of new applications or received
application that have not been fully approved, commencing March 15, 2017, for
comprehensive plan or land development code amendments, development agreements
(including 380 development agreements), and minor and major conditional use permits
(excluding applications proposing only affordable housing dwelling units); with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to
either of them" of a dwelling unit, and applications utilizing the term "lock- out;" commencing
March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and
land development code regarding the definitions of dwelling unit; household; family and the
undefined term "lock -out" of a dwelling unit; providing for expiration within 365 days of the
effective date of an interim development ordinance or when the comprehensive plan and land
development code amendments become effective, whichever comes first.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 15 day of March 2017.
Mayor George Neugent
Yes
Mayor Pro Tem David Rice
Yes
Commissioner Danny L. Kolhage
Yes
Commissioner Heather Carruthers
Yes
Commissioner Sylvia Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA -.466a 'e. �
BY
Mayor George Neugent
VIADOK, CLERK
DEPUTY CLERK
MONROE COUNTY TTORNEY
OVED AS ORIV
STEVE T. WILLIAMS
ASSISTAN 0 TY ATTORNEY
Date
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