Ordinance 011-2017MONROE COUNTY, FLORIDA
ORDINANCE Oil -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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 THIS
INTERIM DEVELOPMENT ORDINANCE OR WHEN THE 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.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new private applications or
received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off
site) to transfer market rate units to another location; and
WHEREAS, 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 to utilize Monroe County Code Section 139 -2 (affordable housing
incentive program) to transfer ROGO exemptions from mobile homes to another location; and
2017 -054 Page 1 of 5
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
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
2017 -054 Page 2 of 5
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
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 Section139 -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 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 to utilize Monroe County Code Section 139 -2 (affordable housing
incentive program) to transfer ROGO exemptions from mobile homes to another location; and
2017 -054 Page 3 of 5
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new private applications or
received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off
site) to transfer market rate units to another location;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new private applications or received applications that are not yet approved,
commencing March 15, 2017, utilizing:
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.
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. Severability. 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.
2017 -054 Page 4 of 5
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 19th day of July , 2017.
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
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MADOK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY ee•
Mayor George Neugent
DEPUTY CLERK
MONK E COUNTY ATTO NEY
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MADOK, CLERK
BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent
DEPUTY CLERK
MONK E COUNTY ATTO NEY
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2017 -054
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CART f
Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller Monroe County, Florida C
August 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 011 -2017 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 a 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 the expiration with 365 days of the effective date of
this interim development Ordinance or when the 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 19, 2017. Should you have any questions, please
feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
JIM S�
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FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 3, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 011 -2017, which was filed in this office on August 3,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
Final Order No. DEO -17 -144
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
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In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
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ORDINANCE NO. 011 -2017
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FINAL ORDER
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APPROVING MONROE COUNTY ORDINANCE NO. 011-2017
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The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 011 -2017 (the "Ordinance ")
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications submitted to Monroe County pursuant to Sections 139 -2
and 138- 22(b), Monroe County Code, for no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
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Final Order No. DEO -17 -144
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Objective 101.5 and Policy 601.1.9, as ' required by section
163.3177(1), Florida Statutes.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 011 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
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Final Order No. DEO -17 -144
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
/ mes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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Final Order No. DEO -17 -144
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 40 '�- 4 day of October, 2017.
Agenc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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