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Resolution 088-2017MONROE COUNTY, FLORIDA RESOLUTION NO. 088 -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 PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR SECTION 138 -22(b) TO TRANSFER OFF -SITE MARKET RATE UNITS TO ANOTHER LOCATION, COMMENCING MARCH 15, 2017, UNTIL THE LAND DEVELOPMENT CODE IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE 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, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location; 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, on May 21, 2008, the Board of County Commissioners of Monroe County adopted Ordinance 014 -2008, which amended the Monroe County Code to re- establish the Affordable Housing Advisory Committee, including its assigned duties; and Page 1 of 4 WHEREAS, Monroe County Code Section 2 -701 includes the specific duties of the Affordable Housing Advisory Committee; and WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners adopted Resolution 139 -2015 assigning additional duties to the Affordable Housing Advisory Committee; and WHEREAS, at a regular meeting held on the 10th of June, 2015, the Board of County Commissioners adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend Resolution 139 -2015 to add one additional duty to the committee; and WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted Resolution 01 -2015, providing recommendations on the first three tasks assigned to the committee for the development of a workforce housing development plan; and WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County Commissioners adopted Resolution 393 -2015, supporting and encouraging collaboration between the County of Monroe and incorporated municipalities of Monroe County on addressing the issues of affordable and workforce housing; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted Resolution 02 -2015, recommending to the Board of County Commissioners an amendment to the Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403 -2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance Corporation; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and provided an inventory of county -owned real property which may be appropriate for affordable housing; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404 -2015, approving the inventory of county -owned real property which may be appropriate for affordable housing; and Page 2 of 4 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 03 -2015, recommending that the Board of County Commissioners support and fund a nexus study as the first step in considering the expansion of the current County residential inclusionary housing program to cover transient and commercial development in the County; and WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01 -2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge; and WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations; and WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code; and WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139 -2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units; and WHEREAS, the County's updated land development code became effective on February 3, 2017; and WHEREAS, an ordinance addressing the interim time period between the current adopted land development code and the adoption of the amendment to Sectionl39 -2 as recommended of the Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new 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, the Board of County Commissioners of Monroe County, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location; and 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 which defers the approval of new private applications or received applications that are not yet approved, commencing March 15, 2017, utilizing: Page 3 of 4 1. Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) to transfer ROGO exemptions from mobile homes to another location; or 2. Monroe County Code Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market rate units after an affordable housing unit has been awarded to another location until the Land Development Code is amended to: a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the following criteria: i. receiver site is a Tier III designated platted lot; and ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District or the Urban Residential Mobile Home (URM) Land Use District; and iii. receiver site is a platted lot located within the same ROGO planning subarea; and iv. receiver site property is not a working waterfront; as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for expiration within 365 days of the effective date of an interim development ordinance or when the Land Development Code amendments become effective, whichever comes first. 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 cv BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ,e. dik Mayor Ge rge Neugent MON OE COUNORNEY RCV1 FARM: MS Date . (: TY ATTORNEY Date v 1'ye Page 4 of 4 DEPUTY CLERK