Item I1BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 20, 2106 Department: Planning & Environmental Resources
Bulk Item: Yes No X Staff Contact /Phone #: _Christine Hurley 289-2517
Mayt6 Santamaria 289-2562
AGENDA ITEM WORDING: Third public input opportunity for the discussion, and development of
policy direction by Board of County Commissioners in regards to the proposed Florida Department of
Economic Opportunity (DEO) "Vacant Lot Retirement and Hotel Unit Allocation Rule."
ITEM BACKGROUND: The 2014 ACSC Annual Report (excerpt attached) demonstrates the
progress the County and cities have made meeting the Rule Work Program requirements. The report
also discusses the hurricane evacuation time limit and the fact that the number of allocations awarded
County -wide through the year 2023 are not enough to provide building permits for all vacant parcels in
the Florida Keys. The report demonstrates almost 8,000 parcels will remain Keys -wide with 6,198
remaining in unincorporated Monroe County. The DEO recognizes this is a challenge in the annual
report. DEO encourages each jurisdiction to work with the Department of Environmental Protection
through the Florida Forever program for land acquisition.
The DEO requested and the Administrative Commission authorized rulemaking for the DEO proposed
"Vacant Lot Retirement and Hotel Unit Allocation Rule." This proposed rule is discussed beginning
on page 16 of the attached 2014 Florida Keys Annual Report. In general, this rule provides:
300 hotel units (this does not increase evacuation time in the model) be granted to up to 3 Keys
communities who:
o Establish a hotel Unit Allocation Program that requires:
■ an application for the units;
■ award;
■ tracking/record keeping for distribution to developers;
■ development of affordable housing units or a fee in lieu of contribution for affordable
housing in exchange for the hotel units; and
■ the extinguishment of residential development rights in Marathon, Islamorada, or
unincorporated Monroe County at a 3:1 ratio — meaning for every hotel unit awarded,
development rights are extinguished on 3 private buildable platted lots that are either:
• Tier I or II; or
• Targeted for acquisition by the Florida Department of Environmental Protection
(DEP); or
• Scored between 4-5 under the Florida Keys Wetland Identification Program
(KWEP)
■ an approval of a conditional use for the development (with a condition that the
extinguished residential development rights be completed within 2 years of approval of
the conditional use);
a no building permit for hotel units be issued prior to residential development rights being
extinguished
• the local government rezone the lots with extinguished development rights as
"Conservation"
• reporting to DEO annually by July 30 of each year
The DEO will begin rulemaking over the next year and they will be holding public input workshops.
In order for the Commission to develop their policy direction related to the proposed DEO rule, staff is
seeking direction from the BOCC prior to the rulemaking effort by DEO. DEO is anticipating holding
initial public input meetings in late January 2016.
Assuming this Rule is adopted and goes into effect, it is important to note that the County currently
prohibits new transient residential units (hotel/motel units) and if the BOCC wishes to participate in the
"Vacant Lot Retirement and Hotel Unit Allocation Program" the County would need to amend the
Comprehensive Plan. See existing policy below in double underline.
Objective 101.2
Monroe County shall reduce hurricane evacuation clearance times to 24 hours by the year 2010.
Policy 101.2.1
Monroe County shall establish a Permit Allocation System for new residential development. The Permit Allocation System
shall limit the number of permits issued for new residential development. THIS POLICY IS SUPERSEDED BY POLICY
101.2.13 FOR AN INTERIM PERIOD OF TIME.
Policy 101.2.2
Applicants shall be required to obtain letters of coordination confirming the availability of potable water and electricity,
and applicable permits from HRS prior to submitting a building permit application for new residential development to the
Monroe County Growth Management Division through the Permit Allocation System. Applicants shall be required to
obtain all other applicable agency permits prior to the issuance of a County permit.
Policy 101.2.3
The Permit Allocation System for new residential (ROGO) development shall specify procedures for:
1. annual adjustment of the number of permits for new residential units to be issued during the next year based
upon, but not limited to the following:
a. expired allocations and building permits in previous year,
b. allocations available, but not allocated in previous year,
c. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida
Statutes; and
f. receipt or transfer of affordable housing allocations by intergovernmental agreement.
2. allocation of affordable and market rate housing units in accordance with Policy 101.2.4; and
3. timing of the acceptance of applications, evaluation of applications, and issuance of permits for new residential
development during the calendar year.
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non -transient) growth to affordable housing units as part
of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained
and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this
separate allocation shall meet the criteria specified in Policy 601.1.7, but shall not be subject to the competitive Residential
Permit Allocation and Point System in Policy 101.5.4. The parcel proposed for affordable housing shall not be located
within an area designated as Tier I
Policy 101.2.5
Monroe County recognizes the discrepancy of units between the County's proposed allocation to the Cities and the Cities'
vested development assumptions. By January 4, 1997, the County shall initiate an interlocal agreement with the Cities to
resolve the discrepancy within three (3) years.
Policv 101.2.E
Monroe County shall prohibit now transient residential units including hotel or motel rooms. campground ppaces nr
spaces for parking a recreational vehicle or travel trailer until May 1. 2022.
(Ordinance 005-20141
PREVIOUS RELEVANT BOCC ACTION:
On May 21", 2014 the BOCC passed and adopted Ordinance 005-2014 amending Policy 101.2.6
extending the moratorium on transient unit allocations until May 1, 2022.
On October 21, 2015 BOCC meeting there was a discussion agenda item to review the 2014 Florida
Keys Areas of Critical State Concern (ACSC) Annual Report by the DEO including the proposed
"Vacant Lot Retirement and Hotel Unit Allocation Rule." BOCC directed staff to begin a county
outreach program to gather public input and develop a county commission policy direction.
On November 17, 2015 BOCC meeting there was an initial public input and discussion agenda item in
regards to the proposed Florida Department of Economic Opportunity (DEO) "Vacant Lot Retirement
and Hotel Unit Allocation Rule" to gain input from the community.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Attorney �N
DOCUMENTATION: Included
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
DISPOSITION: AGENDA ITEM #
Florida Department of Economic Opportunity
Annual Report for the Period July 1, 2013-June 30, 2014
The proposed rule language is as follows:
Rule . Hotel Unit Allocation Program for the Florida Keys and City of Key
West Areas of Critical State Concern.
(1) Purpose. This rule establishes a program to award to Florida Keys local governments Hotel
Unit Allocations for hotel development in exchange for extinguishment of residential
development rights on vacant buildable environmentally sensitive lots. The purpose of the
program is to reduce residential development entitlements and increase acquisition of vacant
buildable environmentally sensitive platted lots, reduce state and local government exposure
to potential takings claims, and ensure the safe evacuation of residents of the Florida Keys
and City of Key West Areas of Critical State Concern during tropical hurricane events.
(2) Definitions. As used in this rule the following terms have the following meanings:
(a) "Florida Keys" means the Florida Keys Area of Critical State Concern and the City of
Key West Area of Critical State Concern.
(b) A "Hotel Unit Allocation" means an allocation for development of one Hotel Unit
consisting of one bedroom and up to two bathrooms.
(c) "Recipient(s)" means a non -government entity or an individual who receives a Hotel
Unit Allocation award from a local government.
(d) Department and DEO means the State Land Planning Agency
(e) "Environmentally Sensitive" means lands targeted for acquisition by the Florida
Department of Environmental Protection, lands designated Tier I and Tier II under
the Monroe County comprehensive plan, or wetlands scoring 4 to 5 on the Keys
Wetland Evaluation Program (KEYWEP)
(3) Communities; Local Government Hotel Unit Allocation Awards; Expiration. The
Department of Economic Opportunity may designate up to three local governments in the
Florida Keys as communities under this rule. The Department shall issue a Hotel Unit
Allocation Award Letter to the community or communities awarding a combined total of up
to 300 Hotel Unit Allocations. If more than one community is designated, the Department
may award all Hotel Unit Allocations simultaneously or may stagger the Hotel Unit
Allocation awards.
(4) Use of Hotel Unit Allocations for Development.
(a) Local Hotel Unit Allocation Program. A local government in possession of Hotel
Unit Allocations may award those Hotel Unit Allocations to a Recipient for
development of hotel units. Prior to any award to a Recipient, the local government
shall establish a Hotel Unit Allocation Program that:
1. includes application, award, tracking, and record -keeping requirements,
2. requires development of affordable housing units or, if authorized by the
local government's comprehensive plan or land development regulations,
contribution of a fee for each hotel unit built,`and
November 30, 2014, Page 18 of 21
Florida Department of Economic Opportunity
Annual Report for the Period July 1, 2013- June 30, 2014
3. requires the extinguishment of residential development rights as provided in
this rule.
(b) Conditional Use Approval; Expiration of Hotel Unit Allocation to a Recipient.
Hotel Unit Allocations shall be awarded pursuant to a conditional use approval
conditioning the award on the Recipient extinguishing development rights on three
vacant buildable environmentally sensitive platted residential lots for each one Hotel
Unit Allocation awarded. For the purpose of this rule, an environmentally sensitive
platted residential lot is a platted lot designated as Tier I or II, targeted for acquisition
by the Florida Department of Environmental Protection, or a lot that scores between
4.0 and 5.0 under the Florida Keys Wetland Identification Program and must have
been platted on or before the effective date of this rule. The lots on which
development rights are extinguished must be located within unincorporated Monroe
County, Islamorada, or Marathon exclusive of offshore islands and Mainland Monroe.
Residential development rights shall be extinguished within two years after the date of
the conditional use approval or the Hotel Unit Allocation award shall automatically
expire. Upon expiration, the Hotel Unit Allocations shall revert to the Department
for further award pursuant to its adopted Hotel Unit Allocation program. Once the
required residential development rights are extinguished in a manner consistent with
this rule, the Hotel Unit Allocations are the sole property of the Recipient.
(c) Extinguishing Residential Development Rights. Residential development rights
shall be extinguished by the Recipient recording a written instrument in the public
records of Monroe County, Florida, extinguishing such development rights. The
instrument shall be in a form acceptable to the local government in which the lots are
located. The Recipient shall provide a copy of the recorded instrument to the
Department and to the local government in which the lots are located no later than 10
days after the recording information is made available to the Recipient by the Clerk's
Office. The Recipient shall not be entitled to receive a building permit for hotel units
to be developed pursuant to a Hotel Unit Allocation award until the required
residential development rights have been extinguished.
(d) Plan Amendment Designating Lots as Conservation. The local government in
whose jurisdiction the lots on which development rights have been extinguished are
located shall amend its comprehensive plan to designate the lots as "Conservation"
on its Future Land Use Map within six months after the receipt of the recorded
written instrument extinguishing such development rights. The local government in
whose jurisdiction the lots are located may require the Recipient to apply for the plan
amendment required by this section.
(e) Land Management. For the purpose of land management, the Recipient may
convey the lots on which development rights have been extinguished to the Monroe
County Land Authority or to the local government in which they are located to
manage the lots.
November 30, 2014, Page 19 of 21
Florida Department of Economic Opportunity
Annual Report for the Period July 1, 2013- June 30, 2014
(5) Evaluation and Report to the Administration Commission. Local governments
participating in the program shall provide DEO an annual Report by July 30 of each year
indicating the status of the program and reporting the number of units that have been
transferred or acquired. Adjustments to the ten year building permit allocation shall be
reflected in a plan amendment by the donor and receiver local governments within 12
months of adoption of a resolution to transfer units to another local government.
Department of Economic Opportunity shall include in its Florida Keys annual report an
assessment of the success or failure of the program and a recommendation whether the
program should be expanded.
RulemakingAutbonp. 380.05(22)(b), FS; Laiv IVIemented 380.05, 380.0552, FS; New.
Recommendations
Staff at DEO recommend promulgation of the above rule.
November 30, 2014, Page 20 of 21