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Item O6M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMIVIISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting July 19, 2017 Agenda Item Number: 0.6 Agenda Item Summary #3144 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 3:00 PM AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County Commissioners 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; providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. ITEM BACKGROUND: On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. Ordinance 005 -2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. Ordinance 006 -2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). The Final Order would have become effective 21 days after publication in the Florida Administrative Register unless a petition was timely filed. The Land Development Code would have become effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land Development Code included definitions which were amended with the adoption of the new code in April 2016. Neither document includes a definition of "lock- out." The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed 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. The Monroe County Board of County Commissioners adopted Resolution 087 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the 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." PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners on February 15, 2017, directed 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. The Board of County Commissioners adopted Resolution 087 -2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the 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." CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: dwelling unit- IDO - ORDINANCE dwelling unit- IDO _staff report_BOCC Definitions IDO BOCC Agenda Item- IDO 3 -15 -17 Resolution 087-2017 units FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed 06/26/2017 3:31 PM Christine Hurley Completed 06/26/2017 4:53 PM Steve Williams Completed 06/27/2017 8:42 AM Jaclyn Carnago Completed 06/27/2017 11:42 AM Budget and Finance Skipped 06/26/2017 3:31 PM Maria Slavik Skipped 06/26/2017 3:31 PM Mayte Santamaria Completed 06/27/2017 4:49 PM Kathy Peters Completed 06/28/2017 12:17 PM Board of County Commissioners Pending 07/19/2017 9:00 AM (s;!un 6uijj9mp-wnijo;ejow Ajejodwe;-Oal : bb d£) 3:DNVNIaUO - Oal -;!un Buillemp :;uGwt4:)e;;V trl_ (3 -, �__ 3f Mlj R 01101 WHEREAS, the Monroe County Board • County Commissioners, at a regular meeting J. February . 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporam moratorium upon certain development applications proposing occupancy by "three, unrelated peopl or "two unrelated people and any children related to either of them" of a dwelling unit • utilizing t term "lock-out," due to pending legislation; and I 2017-053 Page 1 of 3 (s;!un Buillemp-wnijo;ejow Ajejodwe;-Oal : bb d£) 3:DNVN1a210 - 0al -;!un Buillemp :;uGwt4:)e;;V 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 WJJE.REAS, 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 interim development ordinance to impose a temporary moratorium deferring the 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," 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 COUNT COMMISSIONERS OF MONROE COUNTY: I Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department shall defer the 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. 2017-053 Page 2 of 3 (s;!un 6uijj9mp-wnijo;ejow Ajejodwe;-Oal : bb d£) 3:DNVNIaUO - 0al -;!un Buillemp :;uGwt4:)e;;V Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. Section 3. Severabilily. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance. shall .stand notwithstanding the invalidity of any part. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State-Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land development regulation" as State law defines that term. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of _, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy Mayor George Neugent (SEAL) lop 2017-053 Page 3 of 3 �.'....'i 1R ' .,� MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Planning Commission From: Mayte Santamaria, Senior Director of Planning & Environmental Resources Date: June 26, 2017 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. Meeting: July 19, 2017 I. REQUEST The Monroe County Planning & Environmental Resources is proposing an interim development ordinance (IDO) to defer the deferring the 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." 1 of 3 File #2017 -053 II. BACKGROUND INFORMATION On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. Ordinance 005 -2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. Ordinance 006 -2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). The Final Order would have become effective 21 days after publication in the Florida Administrative Register unless a petition was timely filed. The Land Development Code would have become effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130 -165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land Development Code included definitions which were amended with the adoption of the new code in April 2016. Neither document includes a definition of "lock- out." The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed 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. The Monroe County Board of County Commissioners adopted Resolution 087 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the 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." On April 26, 2017, the subject file was reviewed by the Development Review Committee. On May 31, 2017, the subject file was reviewed by the Planning Commission. 2of3 File #2017 -053 III. STAFF RECOMMENDATION Staff recommends approval of the proposed interim development ordinance. The interim development ordinance provides a period of time 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] to ensure that the amendments 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. IV. EXHIBITS 1. BOCC Agenda item 3 of 3 File #2017 -053 M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: H.7 Agenda Item Summary #2727 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 n/a AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida, directing the Monroe County Planning and Environmental Resources Department to process an ordinance to defer the approval of new private applications 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. ITEM BACKGROUND: On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim Development Ordinance to not process comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock -out" of a dwelling unit. The February 15, 2017 agenda item is attached. The proposed resolution will initiate the interim development ordinance to defer the approval of new private applications 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. The resolution would take effect immediately upon adoption. PREVIOUS RELEVANT BOCC ACTION: On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim Development Ordinance to not process comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock -out" of a dwelling unit. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution directing an IDO (Carruthers discussion item) Carruthers- Discussion item on IDO 2 -15 -17 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: Match: Insurance Required: Additional Details: REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 02/28/2017 9:38 AM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Kathy Peters Completed Board of County Commissioners Pending 02/28/2017 9:20 AM Completed 02/28/2017 2:55 PM 02/28/2017 3:01 PM 02/27/2017 2:34 PM 02/27/2017 2:34 PM 02/28/2017 5:21 PM 03/15/2017 9:00 AM 6uijj9mp-wnijo;ejow Ajejodwe;-Oal: tqqj:) Lb Oal - wG;l ePuGBV:D:DOG Oal su to RESOLUTION NO. -2017 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 0 il - 1111 1 1 1 WTICT #FtrTrf01"TTC - 101 R 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 tis existing definitions in the County Comprehensive Plan and Land Development Code, includirl -i,iscussion of the undefined term of "lock-out;" and Page 1 of 3 Buillemp-wnijo;ejow Ajejodwe;-Oal: tqqj:) Lb - Gb - C Oal - wG;l ePuG Oal su 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 which defers the approval of applications, commencing March 15, 2017, of new private applications 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. Page 2 of 3 6uijj9mp-wnijo;ejow Ajejodwe;-Oal: tqqj:) Lb Oal - wG;l ePuGBV:D:DOG Oal su 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 Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy 13 Mayor George Neugent (SEAL) MONROE COUNTY ATTORNEY Ap!R 8 TO F A r: S WI,LIAMS ASSISTANT � � JIMRNEY Date 'I - r Page 3 of 3 County of Monroe ti ti a °4 L. BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The O �T3 f/ 1 Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 i Cur— , February 15, 2017 A g e nd a _ N umb e r: Ag enda . BULK ITEM: No DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Carol Schreck (305) 292 -3430 10:00 A.M. AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim Development Ordinance to not process private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock -out" of a dwelling unit. ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The 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. There has been recent discussion regarding the use of a "lock -out" (an undefined term in the comprehensive plan or land development code but typically defined as a separate space with a bedroom /bathroom) within a dwelling unit. "Lock- outs" may create unintended consequences, not discussed or analyzed during the recently adopted comprehensive plan and land development code amendments, adopted in April 2016. Further edits may be needed to specifically address current definitions of Dwelling Unit, Household, Family, and Permanent Residential unit and the undefined term of "lock- out." History of Definitions: Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code, the 2010 Comprehensive Plan included: 2010 Comprehensive Plan and Land Development Code: The previous 2010 Comprehensive Plan did not include any definitions or any policies related to the use of "lock- outs" of dwelling units which could be utilized as separate guest unit or another potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family members. 2010 Land Development Code definitions Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling unit. Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator and stove.* The Land Development Code did not include a definition for family. 2030 Comprehensive Plan: The newly adopted 2030 Comprehensive Plan includes the following new definitions: Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing common living, cooking, and toilet facilities. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship; (2) three unrelated people; (3) two unrelated people and any children related to either of them. "2030" Land Development Code: The newly adopted 2030 Code includes the following definitions: Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing common living, cooking, and toilet facilities. - - phy - - u ni,meamoneormoreroomsph T icall -v arranged for occupancy b -v one residential household sharing commonliving. cooking. and tollet faclhtleso Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Hors- ehoidmeant allthe people %7ho occury a housinz unit. A household M' cludes the related family members and all the unrelat ed p e ogle. if anv. such a s to dgers. fo n er children. wards. or employ e e s v, - ho share the housing unit. A p erson li-,'lnz alone >M a housing unit. or a zroup o f unrelated people sharing a housing unit such as partners or roomers. is also counted as a household. Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership or duly- authorized custodial relationship; (2) Three unrelated people; (3) Two unrelated people and any children related to either of them. ^amHv means a person livina alone. or people living together as a single household and sharing commonliving. cooking. andtoilet facilities f 1) Any number ofpeople relatedby blood. marriage. adoption guardianft. domestic n artnerhip or duly - authorize d Gusto dial relationship f) Threeunrelatedpeonle: N) Tv, ounrelatedpeonleandarnv children relatedto either ofthem. Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a household for non - transient occupancy, excluding hotel, motel, and recreational vehicle. Perms ne,m resi&nzkZ un .- means a du ellingunit that is designed far and capable of, sen -ing as a residence for a household °°f ^° ^ ° ^ Na ^^ °farnon-transient occupancy. excluding hotel. motel. and recreational vehicle. * This definition is currently included in the Land Development Code but that term only appears once, in one Section 138- 22(2)b.2.(i). PREVIOUS RELEVANT BOCC ACTION: December 11, 2013: Development Agreement approved by BOCC for Oceanside Investors allowing the transfer of 46 market -rate TREs from three sender sites to the Oceanside property, with the transferred market -rate TRE's to be converted to, or replaced with, an equivalent amount of 99 -year deed - restricted affordable housing, prior to a C.O. being issued for market -rate units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market -rate residential dwelling units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the existing, partially- condominiumized marina and accessory development. June 30, 2014: BOCC approved a right -of -way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside property increased in size. 2014: Oceanside Investors entered into a purchase and sale agreement with Monroe County to purchase the Hickory House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the development agreement, adding adjacent property and the abandoned right -of -way, increased the allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights associated with a previous approval related to Hawk's Cay and amended the conceptual site plan. March 18, 2015: BOCC approved a right -of -way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside Marina property increased in size. June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the development agreement, adding adjacent abandoned right -of -way, increased the total number of transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: oceanside summary timeline and staff 2 -1 -17 (MinuteTraq printer) FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Bob Shillinger Kathy Peters Board of County Commissioners Completed Completed Pending 02/01/2017 2:54 PM 02/01/2017 3:07 PM 02/15/2017 9:00 AM ..' Timeline of App rovals & Staff Summary of item '.. approved '.. Approved by Planning Director Tim McGarry 1996: Development Order 412 -96, a minor conditional use on July 23, 1996 permit for part of the Oceanside property, 5970 Peninsular Avenue (real estate 4 00127420 - 000100 only) allowed for the construction of a 9,600 SF storage building and other associated accessory improvements. Approved by Planning Commission on July 1997: PC Resolution 4 P52 -97, an amendment to the major 10, 1997 conditional use permit for part of the Oceanside property, 5950 Peninsular Avenue (real estate 4 00127420 - 000000 only) allowed for the construction of 22 attached, market rate residential dwelling', units; one boat storage building; an addition to an existing restaurant; and other associated accessory improvements. Signed by County Mayor, Shirley Freeman, 1999: Development Agreement between the County, the on January 19, 2000 Florida Department of Community Affairs, Paradise Island Park, Inc. and Key West Oceanside allowing the transfer of 22 market -rate TREs and TDRs from Paradise Island Park to the Oceanside pro (recorded on Ap ril 7, 2000). Following issuance of PC Resolution 4 P52 -97, Oceanside Investors' predecessor in interest acquired 5970 Peninsular Avenue. Further, the 22 'attached, market rate residential dwelling units were constructed. Signed by County Mayor McCoy on July 19, 2006: 380 Agreement between Overseas Redevelopment 2006 Company, LLC, Department of Community Affairs and Monroe County allowing the redevelopment of Overseas Trailer Park on Stock Island as a 49 -unit workforce housing project and the offsite transfer of 32 market rate ROGO exemptions. Approved by Planning Commission on April 2007: PC Resolution 4 P21 -07, an amendment to a major 11, 2007 (vote: three Yes, one No, and one conditional use permit for part of the current Oceanside Absent) property, 5950 and 5970 Peninsular Avenue (real estate 4 00127420 - 000000 and 00127420 - 000100, as well as other Aref Joulam is Planning Director property associated with a condominium development) allowed for the demolition of several buildings and Staff report by Julianne Thomas construction of 32 attached, market -rate residential dwelling units; 2 boat barns; 8 wet slips; and other associated accessory (Applicant is Kings PointMarina LLC) improvements. P21 -07 authorized vacation rental use of the 32 attached dwelling units and linked the affordable housing Transmitted to DCA on 5/11/07, DCA did not project at Overseas Trailer Park to serve as the required appeal the item. affordable housing for this project. PC authorizes the vacation rental use of attached units. Resolution 402 -2013 2013: Development Agreement approved for Oceanside Investors allowing the transfer (L,1) of 46 market -rate TREs Approved by BOCC on December 11, 2013 from three sender sites to the Oceanside property, with the (Mayor Sylvia Murphy — unanimous transferred market -rate TRE's to be converted to, or replaced approval) with, an equivalent amount of 99-year deed - restricted �a 0 0 E 0 CL 0 Lea 8 0 E �a as UP U U 0 03 0 �1 0 0 �a E 0 d Page 1 of 6 E 0 0 E 0 CL E as 8 0 Lea 8 0 E �a as U U 0 03 0 �a 0 �a E 0 d Page 2 of 6 affordable housing, prior to a C.O. being issued for market -rate Staff report by Joe Haberman units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market -rate residential dwelling units, Townsley Schwab is Planning Director which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 150 seats, and other BOCC Agenda item summary staff contact: improvements related to the existing, partially - Joe Haberman & Christine Hurley condominiumized marina and accessory development. PC recommended approval to BOCC via Resolution P29 -13, approved on November 15, 2013 — unanimous approval Transmitted to DEO (formerly DCA) on 1/3/14, DEO did not appeal the item. Approved by Planning Commission on 2013: PC Resolution 4 PO4 -14, an amendment to the major February 26, 2014 conditional use permit to improve the marina's facilities, construct 78 new market rate residential dwelling units, Staff report by Joe Haberman construct 5 new hotel rooms, construct a new restaurant and carry out associated site improvements. Townsley Schwab is Planning Director Transmitted to DEO (formerly DCA) on 5/1/14, DEO did not appeal the item. Approved by Planning Director Townsley 2014: Development Order 404 -14, a minor conditional use Schwab on November 19, 2014 permit allowing the transfer of 9.3 TDR's required to facilitate the project approved for the Oceanside property. The Staff report by Karl Bursa & Mike Roberts Development Order required the sender site(s) to be a) dedicated to the County or b) placed in a conservation Transmitted to DEO (formerly DCA) on easement prohibiting its future development. 12/19/14, DEO did not appeal the item Resolution 116 -2014 2014: Resolution 4 116 -2014 approved for a right -of -way abandonment of a segment of Peninsular Avenue located Approved by BOCC on June 30, 2014 (Mayor north of the Oceanside property (lying between Block 46 and Sylvia Murphy — vote: three Yes, one No, and Block 60). As a result, the Oceanside property increased in one Abstained) size. Staff report by Joe Haberman Townsley Schwab is Planning Director BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley Memo from Susan Grimsley & Bob Shillinger (memo addresses termination of right of way on water) Does not get sent to DEO per MOU BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale E 0 0 E 0 CL E as 8 0 Lea 8 0 E �a as U U 0 03 0 �a 0 �a E 0 d Page 2 of 6 Sale Agreement on August 20, 2014. (Mayor agreement with Monroe County to purchase the Hickory Sylvia Murphy — vote: four Yes, one No) House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. Resolution 373 -2014 2014: Resolution 4 373 -2014, ls amendment to the development agreement, adding adjacent prop a nd the Approved by BOCC on June 10, 2015 (Mayor abandoned right -of -way, increased the allowed number of Danny Kolhage — unanimous approval) hotel rooms from 5 to 17, allowed the transfer of up to 12 vested 'rights associated with a previous,' approval related to Staff report by Joe Haberman Hawk's Cay and amended the conceptual site plan. Townsley Schwab is Planning Director BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley PC recommended approval to BOCC via Resolution P40 -14, approved on November 19, 2014 — unanimous approval (Lustberg absent) Transmitted to DEO (formerly DCA) on 1/7/15, DEO did not appeal the item. Approved by Planning Director Townsley 2014: Development Order 406 -14, a minor conditional use Schwab on December 12, 2014 permit allowing the transfer of 24,1'TDRs required to facilitate the project approved for the Oceanside property. The Staff report by Matt Coyle Development Order required the sender site(s) to be a) dedicated to the County or b) placed in a conservation Transmitted to DEO (formerly DCA) on easement prohibiting its future development. 1/12/15, DEO did not appeal the item Resolution 115 -2015 2015: Resolution 4 115 -2015 approved for a right -of -way abandonment of a segment of Peninsular Avenue located Approved by BOCC on March 18, 2015 north of the Oceanside property (lying between Block 46 and (Mayor Danny Kolhage — vote: one No, four Block 60). As a result, the Oceanside Marina property Yes) increased in size. Staff report by Joe Haberman Townsley Schwab is Planning Director (During BOCC meeting, Mayte Santamaria appointed replacement Planning Director after Townsley's retirement— up to 6 month overlap - expected to retire April 2015) BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley Does not get sent to DEO per MOU E 0 0 E 0 CL E as 8 0 Lea 8 0 2 E �a as UP U U 0 cc 0 a �a as �a E 0 d Page 3 of 6 Approved by Planning Commission on 2015: PC Resolution 4 P41 -14, an amendment to the major November 19, 2014 (unanimous approval- conditional use permit to add adjacent prope a nd the Lustberg absent) abandoned roadway, increase the allowed number of hotel rooms from 5 to 17 and amend the approved site plan. Staff report by Joe Haberman Townsley Schwab is Planning Director Transmitted to DEO (formerly DCA) on 4/24/15, DEO did not appeal the item. Approved by Planning Director Mayt6 2015: Development Order 404 -15 (typo previously typed 06- Santamaria on May 22, 2015 15), a minor conditional use permit allowing the transfer of 5 transient TREs to the Oceanside property. Staff report by Matt Coyle & Joe Haberman Transmitted to DEO (formerly DCA) on 6/25/15, DEO did not appeal the item Resolution 158 -2015 2015: Resolution No. 158 -2015, 2 nd amendment to the development agreement, adding adjacent abandoned right -of- Approved by BOCC on June 10, 2015 (Mayor way, increased the total number of transferred market rate Danny Kolhage — unanimous approval) residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. Staff report by Matt Coyle Townsley Schwab is Planning Director (Dec 2014Mayte Santamaria appointed replacement Planning Director after Townsley's retirement— up to 6 month overlap) BOCC Agenda item summary staff contact: Matt Coyle & Christine Hurley PC recommended approval to BOCC via Resolution P11 -15, approved on April 29, 2015 — unanimous approval (Werling absent) Transmitted to DEO (formerly DCA) on 8/12/15, DEO did not appeal the item. Approved by Planning Director Mayt6 2015: Development Order 405 -15, a minor conditional use Santamaria on June 25, 2015 permit allowing the transfer of 45 ROGO market rate exemptions to the Oceanside Property. Staff report by Matt Coyle Transmitted to DEO (formerly DCA) on 7/27/15, DEO did not appeal the item Approved by Planning Director Mayt6 2015: Development Order 407 -15, a minor conditional use Santamaria on October 22, 2015 permit allowing the transfer of 2 ROGO market rate exemptions to the Oceanside Property. �a 0 0 E 0 CL E as 8 0 Lea 8 0 E �a as UP U U 0 cc 0 a �a 0 a a 0 E 0 d Page 4 of 6 Staff report by Matt Coyle & Joe Haberman Transmitted to DEO (formerly DCA) on 12/10/15, DEO did not appeal the item Approved by Planning Director Mayt6 2015: Development Order 409 -15, a minor conditional use Santamaria on October 22, 2015 permit allowing the transfer of 0.4 TDR's to the Oceanside property. The Development Order required the sender site(s) to Staff report by Matt Coyle & Mike Roberts be a) dedicated to the County or b) placed in a conservation easement prohibiting its future development. Transmitted to DEO (formerly DCA) on 12/10/15, DEO did not appeal the item Approved by Planning Director Mayt6 2015: Development Order 408 -15, a minor conditional use Santamaria on October 22, 2015 permit allowing the transfer of 1 TDR to the Oceanside property. The Development Order required the sender site(s) to Staff report by Matt Coyle & Mike Roberts be a) dedicated to the County or b) placed in a conservation easement prohibiting its future development. Transmitted to DEO (formerly DCA) on 12/10/15, DEO did not appeal the item Approved by Planning Director Mayt6 2015: minor deviation approved to the major conditional use Santamaria on December 10, 2015 permit in order to allow the construction of one additional market rate residential dwelling unit. Staff report by Matt Coyle Does not get sent to DEO per MOU Approved by Planning Director Mayt6 2016: minor deviation approved to the major conditional use Santamaria on February 1, 2016 permit in order to revise the approved site plan by removing the resort swimming pool on the northernmost parcel (RE 4 Staff report by Matt Coyle 00126210- 000000), relocation of the watersports, fitness and restroom building and the reconfiguration of the off - street Does not get sent to DEO per MOU parking for the site. Approved by Planning Director Mayt6 2016: minor deviation approved to the major conditional use Santamaria on August 1, 2016 permit in order to revise the approved site plan by removing of the gatehouse building and the repositioning of the proposed Staff report by Devin Rains dockmaster building, the reconfiguration of the off - street parking (parking maintained at 346 spaces), sidewalks, add Does not get sent to DEO per MOU arbors, add the provision for bait and ice vending and expansion of the fish cleaning station, and other changes to open s ace for the site (File 4 2016 -103). Approved by Planning Commission on 2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use December 15, 2016 Permit approval, which would allow beer, wine and liquor in connection with operation of hotel, motel, motor court or Staff report by Kevin Bond condominium; sale by the drink for consumption on premises and package sales in sealed containers Mayt6 Santamaria is Planning Director Does not get sent to DEO per MOU E 0 E 0 CL E as 0 Lea 8 0 E �a as ca 0 03 0 �a 0 as �a E 0 d Page 5 of 6 Approved by Planning Director Mayt6 2016: Exemption to a Special Vacation Rental Permit Santamaria on December 23, 2016 approval, exemption only applies to the 79 market -rate residential dwelling units, configured into "lockouts" Staff report by Kevin Bond consisting of no more than one bedroom and one bathroom, which may be used as vacation rentals pursuant to the Does not get sent to DEO per MOU approved Development Agreement (the original agreement approved on December 11, 2013 via BOCC Resolution No. 402 -2013; the first amendment to the agreement approved on December 10, 2014 via BOCC Resolution No. 373 -2014; and the second amendment to the agreement approved on June 10, 2015 via BOCC Resolution No. 158- 2015). Page 6 of 6 v (s;iun 6uillemp- wnuo;eaow Amodwa; -oal : vKC) LVGVC oal -wom epue6v 000s oal suoi;iui;aa wawyveu rn v 0 M 01 a d Y a 0. -U• _ Q � a a � .'� O -d � O O R � .'a Q b O bo cC m '. v; b T ro O N `� 'O V�'O CGOC"Ow �ro ��TUbU r C. G' � , O O .� T.' to r U f�J ` Q. y..i 01 i 0• , Q U U G O O G N 0 N °o ra a 3 o c o° U° r CR °r' a •i y E cC O O v. o N' 0O _, .� O � � j� el Z •'� C9 w4O O 'a V y 0 , O � R .w � L� � � � `"' � � `"' '� F `Nn . y ' 3 OU w' ,L' G ro G O i G P. 3 N ti b O b Mo ,b ~ � 71, G � v: o T 'y y O y ro 3 3 G O y a, 2 O 'O '•.�. r •J' W G N 'O 'a v v 14 • �' O G a O �`+ M � ' b ~ 'ti � -d �. � � '� T P G ro a p 0. a ,�' Or. R y � p P. pWV CM AJ�ti. bA'O P4 f. 0 O m v R w v a �d � y . G � M Q C O ' U Y C. O W � . � 0 O � "d p .ti >''� � 0 , � CO 7 � 'O 41. � U U ;E5 p ° ro �a w G ro ,�' pp A a. s -o °" x' 3 m ° rn v 0 M 01 a d Y a co (s;iun 6uillemp- wnuo;eaow Amodwa; - oal : vKC) LVGVC oal -wom epue6v 0008 oal suoi;iui;aa wawyoeu ED m 1 °a J x o O m E c N o � m I o o o �. � a u � s 1 a) &� L C)) E �-- .� l O N W p O p J � O 'O s � W 0 0 s s pg o m oo► o - - -- _ IM a - O - = XX C a me ------ ----------- _ ro X 0 00 o - R 9 ig Z - R.VZ 0 u-� 0 M 01 a d Y V a MONROE 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 Page 1 of 3 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. Page 2 of 3 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 Page 3 of 3 N � fJl _ N � Zr. Page 3 of 3