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
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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
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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:
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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
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DEPUTY CLERK