Resolution 203-2018 •
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3 MONROE COUNTY, FLORIDA
4 RESOLUTION 203 -2018
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8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, AMENDING
9 INTERIM DEVELOPMENT ORDINANCE 011 -2017 TO REDUCE ITS SCOPE, IN
10 ORDER TO ALLOW NEW APPLICATIONS, OR RECEIVED APPLICATIONS THAT
11 HAVE NOT BEEN FULLY APPROVED, TO UTILIZE MONROE COUNTY CODE
12 SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) OR SECTION
13 138 -22(B) (TRANSFER OF ROGO EXEMPTIONS) TO TRANSFER MARKET RATE
14 ROGO EXEMPTIONS TO TIER III PLATTED LOTS WITHIN THE IMPROVED
15 SUBDIVISION (IS) OR URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE
16 DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR THE
17 DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS,
18 PROVIDED THE RECEIVER SITE IS NOT A WORKING WATERFRONT, AS
19 RECOMMENDED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE
20 AND THE BOCC; PROVIDING FOR SEVERABILITY, PROVIDING FOR
21 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
22 SECRETARY OF STATE, PROVIDING FOR AN EFFECTIVE DATE.
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26 WHEREAS, the Monroe County Board of County Commissioners (BOCC) adopted Resolution
27 088 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an
28 ordinance to impose a temporary moratorium deferring the approval of new private applications or received
29 applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable
30 Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer
31 market rate units to another location; and
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33 WHEREAS, the BOCC adopted Ordinance 011 -2017 at a regular meeting on July 19, 2017 in
34 Marathon, Florida, imposing a temporary moratorium deferring the approval of new private applications or
35 received applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2
36 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to
37 transfer market rate units to another location; and
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Reso No. 203 -2018 Page 1 of 3
1 WHEREAS, on April 19, 2018, at the regularly scheduled meeting, the BOCC gave direction to
2 staff to process proposed text amendments to the Comprehensive Plan and Land Development Code to
3 incentivize the development of affordable housing by allowing the issuance of affordable housing ROGO
4 allocations to Tier I, Tier II, Tier III and Tier III -A designated parcels in order to replace market rate
5 dwelling units with a deed - restricted affordable housing dwelling units; and
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7 WHEREAS, since the adoption of Ordinance 011 -2017, there have been instances in which an
8 applicant seeks to transfer an existing market -rate ROGO exemption to an off -site location and redevelop
9 the property with a deed - restricted affordable dwelling unit; and
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11 WHEREAS, the interim development Ordinance 011 -2017 prohibits the ability to transfer the
12 market -rate ROGO exemption at this time, and therefore does not allow the owner to realize the full
13 potential of the incentives the BOCC wishes to offer for redevelopment of homes with deed restricted
14 affordable units; and
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16 WHEREAS, the BOCC seeks to reduce the scope of Ordinance 011 -2017 so that market rate ROGO
17 transfers consistent with the intent of the adopted moratorium may be allowed at this time, prior to adoption
18 of the directed land development code amendments; and
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20 WHEREAS, interim development Ordinance 011 -2017 shall remain in place notwithstanding the
21 modifications made herein; and
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23 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
24 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
25 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
26 development; and
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28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
29 MONROE COUNTY:
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31 Section 1. Reduction in Scope of Monroe County Board of County Commissioners Interim
32 Development Ordinance 011 -2017 Imposed. The Monroe County Planning and Environmental
33 Resources Department shall accept new private applications and /or process received applications that are
34 not yet approved, commencing on the effective date of this resolution, utilizing:
35 1. Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) to transfer ROGO
36 exemptions from mobile homes to another location; or
37 2. Monroe County Code Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market
38 rate units to another location;
39 Provided that the transfer of Market Rate ROGO exemptions is to receiver sites that meet all of the
40 following criteria:
41 a. receiver site is designated as Tier III; and
Reso No. 203 -2018 Page 2 of 3
1 b. receiver site is a legally platted lot; and
2 c. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
3 Residential Mobile Home (URM) Land Use District; and
4 d. receiver site is located within the same ROGO planning subarea as the sender site; and
5 e. receiver site property is not a working waterfront.
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7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
8 regular meeting of the Board held on the 18 Witty of July , 2018.
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11 Mayor David Rice, District 4 Yes
12 Mayor Pro Tem Sylvia J. Murphy, District 5 es
13 Danny L. Kolhage, District 1 Yes
14 George Neugent, District 2 Yes
15 Heather Carruthers, District 3 Yes
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17 ,t ttest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
18 OF MONROE COUNT FLORIDA
19 -AO I ' i • • 'AAri o :,
20 Deputy �� lerk By: c. s• i
21 Mayor Davi ice 73r
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Reso No 203 -2018