Item P2C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: P.2
Agenda Item Summary #4250
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida, amending interim development Ordinance 011 -2017 to reduce its scope, to
allow new applications or received applications that have not been fully approved, to utilize Monroe
County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer
of ROGO exemptions) to transfer Market Rate ROGO exemptions only to Tier III platted lots within
the Improved Subdivision (IS) or 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 site shall not be a working waterfront, as recommended by the Affordable
Housing Advisory Committee and the BOCC; 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 July 17, 2017, the BOCC adopted Ordinance Olt -2017, to defer applications and approvals of
requests to transfer market rate ROGOs to other locations for a period of 365 days, or 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 IS and URM zoning districts, within the same ROGO
subarea, for development of single family detached dwelling units only, provided the receiver
property is not a working waterfront; based on recommendations from the Affordable Housing
Advisory Committee (discussed by the BOCC at a special meeting on December 6, 2016, during
which the BOCC provided direction to staff on specific recommendations). Ordinance Olt -2017 is
due to expire on October 27, 2018.
Working waterfront definition:
Recreational and Coninrercial Tt or•14ing Pfateifiront means a parcel or parcels of real property
that provide access for water - dependent conunercial activities, including hotels and motels as
defined in the Florida Statutes, or provide access for the public to the navigable waters of the
state. Recreational and commercial working waterfronts require direct access to or a location on,
over, or adjacent to a navigable body of water. The term includes water - dependent facilities that
are open to the public and offer public access by vessels to the waters of the state or that are
support facilities for recreational, coimimercial, research, or governmental vessels. These facilities
include public lodging establishments, docks, wharfs, lifts, vet and dry marinas, boat ramps,
boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and
other support structures over the water. As used in this definition, the term "vessel" has the same
meaning as in the Florida Statutes. Seaports are excluded from the definition.
On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage
occurred to the housing stock, particularly in areas with lower cost housing options for members of
the local workforce. Due to the need to rebuild a substantial number of homes throughout the
County, and the objective to maintain affordability while rebuilding a resilient housing stock, both
private and public agencies and property owners are engaged in redevelopment activities that may
require or benefit from the transfer of market rate ROGO exemptions. Potential motivation to
transfer market rate ROGO exemptions includes, but is not limited to: vulnerability of sender sites to
future storm damage; overcrowding of dwelling units on pre -storm housing sites; availability of
funding for specific project types and locations; opportunities to replace market rate housing with
deed restricted affordable housing to maintain workforce housing stock; and the potential to leverage
market rate ROGO transfers in order to fund efforts to reconstruct affordable units.
Additionally, on April 19, 2018, at the regularly scheduled Board of County Commissioners
meeting, the BOCC gave direction to staff to process proposed text amendments to the
Comprehensive Plan and Land Development Code to incentivize the development of affordable
housing by allowing the issuance of affordable housing ROGO allocations to Tier I, Tier II, Tier III
and Tier III -A designated parcels in order to replace market rate dwelling units with a deed - restricted
affordable housing dwelling units.
Since the adoption of Ordinance 011 -2017, there have been instances in which an applicant seeks to
transfer an existing market -rate unit to an off -site location and redevelop the property with a deed -
restricted affordable dwelling unit. However, the interim development Ordinance 011 -2017 prohibits
the ability to transfer the market -rate unit at this time, and therefore does not allow the owner to
realize the full potential of the incentives the BOCC wishes to offer for redevelopment of homes
with deed restricted affordable units.
Staff is recommending approval of a resolution of the BOCC to amend the Interim Development
Ordinance adopted by Ordinance 011 -2017 to narrow its scope so that market rate ROGO transfers
consistent with the intent of the adopted moratorium may be allowed at this time, prior to adoption
of the directed land development code amendments.
The proposed amendment to Ordinance 011 -2017 would allow the transfer of Market Rate ROGO
exemptions pursuant to Section 139 -2 (Affordable Housing Incentive Program) and /or Section 138 -
22(b) (Transfer of ROGO Exemptions Off -Site) only to receiver properties that meet all of the
following criteria:
I . receiver site is designated as Tier I11; and
2. receiver site is a legally platted lot; and
3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
4. receiver site is located within the same ROGO planning subarea as the sender site;
and
5. receiver site property is not a working waterfront.
Staff will continue to work on BOCC directed amendments related to the transfer of ROGO exempt
market -rate units to platted lots consistent with direction received at the April 19, 2018 BOCC
Meeting. Staff will be seeking an extension to the interim development Ordinance 011 -2017
consistent with the reduction in scope described above.
PREVIOUS RELEVANT BOCC ACTION:
On February 15, 2017, the BOCC 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.
On March 15, 2017, the BOCC adopted Resolution 088 -2017, directing 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.
On July 19, 2017, the BOCC adopted interim development Ordinance 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 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 the interim development
ordinance or when the land development code amendments become effective, whichever comes first.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Ordinance 011 -2017
AHAC_Reso.01 -2016
CHART of AHAC RECOMMENDATIONS 12.6.16 BOCC direction 10.9.17
Resolution — CA_signed
STAFF REORT
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:
Emily Schemper
Completed
Assistant County Administrator Christine
Hurley
06/29/2018 12:52 PM
Steve Williams
Completed
Jaclyn Carnago
Skipped
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
06/28/2018 1:23 PM
Completed
07/02/2018 10:02 AM
07/02/2018 9:19 AM
07/02/2018 5:11 PM
07/03/2018 7:23 AM
07/03/2018 11:34 AM
07/18/2018 9:00 AM
MONROE 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
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Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY
Mayor George Neugent
AVT IN MADOK, CLERK
DEPUTY CLERK
MONK E COUNTY ATTO NEY
APFjRTVE S TO W
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2017 -054 Page 5 of 5
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Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller _ Monroe County, Florida
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 Km Florida K070
305 Packet Pg. 2368
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 Pacl
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,
i5
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
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.
1
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
2
Packet Pg. 2371
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.
3
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
4
No. 01 -2016
A RESOLUTION OF THE MONROE COUNTY AFFORDABLE
HOUSING ADVISORY COMMITTEE PROVIDING
RECOMMENDATIONS TO THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, ON THE TASKS
ASSIGNED TO THE COMMITTEE FOR THE DEVELOPMENT OF A
WORKFORCE HOSUING DEVELOPMENT PLAN.
WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted
Ordinance 014 -2008, which amended the Monroe County Code to 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 20 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 20 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 20 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 10 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 17 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 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 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;
WHEREAS, the Monroe County Affordable Housing Advisory Committee has held meetings on
August 21, 2015, September 18, 2015, October 16, 2015, November 20, 2015, December 18, 2015,
January 22, 2016, February 19, 2016, March 18, 2016, April 22, 2016, May 20, 2016, June 17, 2016, and
July 22, 2016 to produce consensus recommendations to the BOCC on the issues included in their
charge;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY AFFORDABLE
HOUSING ADVISORY COMMITTEE:
The Monroe County Affordable Housing Advisory Committee provides recommendations to the BOCC,
attached as Exhibit 1 and incorporated herein.
PASSED AND ADOPTED by the Monroe County Affordable Housing Advisory Committee at
a meeting held on the 22 day of July, 2016.
X
Jim Cameron
X
Capt. Ed Davidson
_absentHana
Eskra
X
Bill Hunter
X
Warren Leamard
X
Kurt Lewin
X
Ken Naylor
absent Tim Root
X
Jim Saunders
X
Stephanie Scuderi
X
Ed Swift III
X
Randy Wall
absent
Jodi Weinhofer
_absent
William Wiatt
2
EXHIBIT 1
TASK # 1 & 2 WORKFORCE AND WORKFORCE HOUSING DEFINITIONS AND NEED
OcTOBER 2015AHAC CoNsENsus REcommENDA TioNs
/. The BOCC should review the Committee's recommended definitions for "Workforce" and "Workforce
Housing." If the BOCC accepts the Committee's recommendation, it should direct staff to propose any
Land Development Code amendments needed to incorporate them.
2. Workforce means individuals or families who are gainfully employed supplying goods and /or services to
Monroe County residents or visitors.
3. Workforce Housing means dwelling units for those who derive at least 70% of their income as members
of the Workforce in Monroe County and who meet the affordable housing income categories of the
Monroe County Code.
4. Based on the current, available data, the Committee believes there is an unmet Workforce Housing need
throughout Monroe County, specifically near employment centers. It recommends the BOCC recognize
that Monroe County continues to experience a critical Workforce Housing need. The need and demand
for Workforce Housing appears most critical for those households at the median, low and very low -
income levels and is most severe in the middle and lower Keys.
TASK # 3 QUALIFYING & MONITORING DEED RESTRICTED AFFORDABLE HOUSING
OCTOBER 2015AHAC UNANIMOUS CONSENSUS RECOMMENDATIONS
The bold language for recommendation #7 below were rug erted refinements that were agreed to by the AHAC at the June 17 meeting.
The Committee recommends the BOCC take action to strengthen the County's ability to qualify and
monitor deed restricted affordable housing in unincorporated Monroe County.
5. The BOCC should direct staff to continue to build its database of deed - restricted units.
6. The Committee strongly recommends staff coordinate, collaborate and share information with the
Monroe County Housing Authority, municipalities, nonprofit entities, and the real estate sector to create
a dynamic countywide database, inventory for existing affordable housing.
7. By October 2016, County staff should develop proactive mechanisms including code requirements
and fines based on HUD guidelines to enhance the monitoring of affordable housing including
consideration of securing the services of the Monroe County Housing Authority, additional County staff
or 3rd party monitoring services or some combination thereof. Funding estimates for such a program
should be developed and evaluated by staff and the Monroe County Housing Authority and should be
considered in deciding how to develop the most cost effective monitoring and qualifying approach.
8. The Committee strongly recommends staff coordinate and share information with the municipalities in
developing these options, with a goal of developing a countywide monitoring mechanism program.
9. The Committee strongly recommends that the County identify and fund an enhanced enforcement
program as an essential element for maintaining affordable workforce housing in the County. This
program should address compliance and enforcement of deed restricted property to maintain our
3
available housing stock.
a) Authorize Code Compliance and /or the Monroe County Tax Collector's Office to more
aggressively pursue illegal rentals.
b) Require that owner- occupied units be homesteaded.
TASK #4 DEVELOP SOLUTIONS FOR RENTAL WORKFORCE HOUSING
90. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land
development code amendments to create a workforce housing overlay which can be applied to
properties (through a map amendment) to provide additional density bonuses for workforce
developments that offer only workforce housing rentals in perpetuity on Tier III designated lands.
(fomle7l 4 a.)
11. The AHAC recommends the BOCC direct staff to evaluate and recommend a proactive approach to
enhance the enforcement against illegal vacation rentals; tourist housing and vacation rentals of
affordable housing units; including additional code compliance staff to focus on short -term rentals and
continued partnership with the Monroe County Tax Collector. (fomle7 y 4 b.)
92. The AHAC recommends the BOCC direct the Land Authority to evaluate and provide
recommendations to the BOCC on utilizing Land Authority funds to buy back expiring deed
restrictions in order to preserve rental affordable housing. The Land Authority should consider
remaining deed restriction timeframes and make recommendations on potential monetary offers to
provide for a range of additional deed restriction years, including a priority for perpetual deed
restrictions in order to preserve existing affordable housing. (fomle7y 4 c.)
93. The AHAC recommends the BOCC direct staff to evaluate and provide recommendations to the
BOCC on strategies and best practices for engagement, outreach, public awareness and education to
address the NIMBY ( "Not in my backyard ") sentiment to workforce housing and collaborate with the
developers, municipalities, the private and non- profit sectors. (fomle7l 4 d.)
TASKS #5 & #6 DEVELOP INCENTIVES FOR WORKFORCE HOUSING ON TIER 3
PROPERTIES, INCLUDING STRATEGIES FOR INCREASING
DENSITY.
94. The AHAC recommends the BOCC consider issuing requests for proposals (RFP) for the development
of workforce housing on county -owned land as a key priority. The AHAC recommends the BOCC
direct staff to collaborate with other public entities which own land in the county and recommend how
best to increase and target incentives for leasing back the properties to workforce housing developers.
The AHAC also recommends the BOCC direct the Land Authority to prioritize the purchase of
additional Tier 3 lands for the development of workforce housing. The BOCC may also consider future
RFPs for the development of affordable housing. (fomle7y 516 a.)
95. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and legislative issues and
develop recommendations on the development of a property tax incentive for homeowners that rent a
lawfully established existing market rate unit to a member of the workforce in any Tier within the very
low, low and median affordable housing income limits and rental rates. (fomle7 y 516 b.)
M
16. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and legislative issues and
develop recommendations on the creation of a 10 -year tax incentive for the development of only
workforce housing. (fomle7y 516 c.)
97. The AHAC recommends the BOCC direct staff to maintain and update the inventory of County owned
land that can be used for affordable housing development. (fomle7y 516 d.)
98. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land
development code amendments to allow property owners of Tier 3 designated lands with an existing
market rate dwelling unit to add an accessory workforce housing residential unit which will require the
use of an affordable ROGO. Staff should evaluate residential zoning districts, density standards, income
levels, maximum size of the accessory workforce housing residential unit and the minimum property size
for the development of an accessory residential workforce housing unit. This can be a method to
incentivize the development of smaller "starter units" for the workforce. (fomle7y 516 e.)
19. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land
development code amendments to create a Workforce Housing overlay for the Planning Commission to
recommend and Board of County Commissioners to approve an extra story for the development of an
exclusive workforce housing project, up to maximum of 40 feet. (fomle7y 516f.)
20. The AHAC recommends the BOCC direct staff to revise existing Land Development Code Section 130-
161.1 to provide another incentive for the preservation of affordable housing and the development of
market rate housing on Improved Subdivision (IS), Tier III properties as follows:
"ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis
to Tier III. single- family residential lots within the
Improved Subdivision aS) land use district and the same ROGO planning subarea for the development of
single family detached dwelling units llewetmef, Wk efe fffttsf ffe Te be ffi ele fe eeffiffief
" (fomle7l
516 g.)
21. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land
development code amendments to create an additional workforce housing density bonus in the Mixed
Use Zoning District to provide additional density only for the development of workforce rental housing
in the median, low and very low income categories which is deed restricted in perpetuity and located on
Tier 3 designated lands. (fomle7y 516 h.)
TASK # 7 DEVELOP STRATEGIES TO INCREASE THE MONROE COUNTY HOUSING
AUTHORITY'S ROLE IN WORKFORCE HOUSING, SPECIFICALLY AS A
MANAGEMENT ENTITY FOR RENTAL WORKFORCE HOUSING
See Task 3, Recommendations 7 -9 that address this Task.
TASK # 8 EXPLORE AND PROPOSE LOCAL FUNDING SOURCES TO HELP EXPAND
WORKFORCE HOUSING IN MONROE COUNTY
Unquestionably these recommendations will be costly, in developing these recommendations, the AHAC
believes from the past 12 months of discussions that the Commission should set a 10 -year target of raising
at least $10 million annually from local funding sources to help expand workforce housing in Monroe
County and address the unmet Workforce Housing need throughout Monroe County, specifically near
employment centers.
22. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and operational issues
and make recommendations on whether and how to establish an annual fee on non - primary residences
that are not utilized as long -term rentals (6 month rentals or greater) to be dedicated to supporting
workforce housing and the enforcement of regulations. (fomle7y 8.a.1)
23. The AHAC recommends the BOCC direct staff to evaluate the legal, statutory, financial and operational
issues and make recommendations on whether and how to establish a property tax exemption for non -
primary residences that rent their residence for not less than 6 months (long term) to a member of the
Monroe County workforce. Every property owner claiming the additional reduction in assessed value
must annually file an application with the Monroe County Property Appraiser, including documentation
and affidavit regarding the qualifying workforce housing occupant of the residence for the year in which
the reduction is sought. (fomle7y 8.a.2)
24. The AHAC recommends the BOCC direct staff to evaluate the legislative, economic and financial
issues, including and take the necessary steps and make recommendations on whether and how to
propose to statutory amendments to increase by 1 penny the Tourist Impact Tax to provide additional
dedicated funding for the acquisition of land for workforce housing and construction of workforce
housing in Monroe County. Evaluate including a sunset date of 10 years_ (Forlve7/ 8 -b 9)
25. The AHAC recommends the BOCC direct staff to engage with the Community Foundation of the
Florida Keys(CFFK), municipalities, and the business and tourist sector in Monroe County to establish a
community workforce housing fund administered by the FKCF that can provide additional dedicated
funding for workforce housing in Monroe County and rental assistance loans. (ForIve7I 8 d.)
26. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and
make recommendations on whether and how to increase the ad valorem tax on residential /commercial
properties and commercial properties that are not rented at affordable rates in order to provide in order
to provide additional dedicated funding for the acquisition of land for workforce housing and
construction of workforce housing in Monroe County. .(For1) y 8 -e)
27. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and
make recommendations on whether and how to create a tax incentive for commercial properties that
include workforce housing on the same site._(For1) y 8 -e. 9)
TASK # 9 REVIEW AND RECOMMEND WORKFORCE HOUSING STRATEGIES AS
AMENDMENTS TO STATE STATUTES (TASKS A -D)
28. The AHAC recommends the BOCC direct the Land Authority to evaluate and provide
recommendations to the BOCC on utilizing Land Authority funds to buy back expiring deed restrictions
in order to preserve rental workforce housing. The Land Authority should consider remaining deed
D
restriction timeframes and make recommendations on potential monetary offers to provide for a range
of additional deed restriction years, including a priority for perpetual deed restrictions in order to
preserve existing workforce housing. (Formerly 9 -a.)
Note: LandAuthorzty staff has stated that statutog amendments would not be needed for draft recommendation.
29. In light of theworkforce housing crisis in Monroe County, theAHAC recommends the BOCC continue
to support 4 the provision of Sadowski Trust funding and the dedicated tax credit project for the
Florida Keys as a key legislative priority. (Former y 9 -b.)
TASK 10 DEVELOP STRATEGIES FOR DEVELOPING INCLUSIONARY HOUSING
REQUIREMENTS FOR HOSPITALITY AND COMMERCIAL DEVELOPMENTS
TO SUPPORT BUILDING WORKFORCE HOUSING.
30. "The AHAC recommends that the Board of County Commission support and fund a nexus study as
the first step in the expansion of the current County residential inclusionary housing program to cover
transient and commercial development in the County." AHACJanuag 2096 Resolution to the BOCC
March 2096 AHAC Meeting. The Committee emphasized with staff and the BOCC the urgency of
completing the nexus study as soon as possible in order to advance policy recommendations on
establishing an inclusionary housing program for transient and commercial development in the County.
39. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and
make recommendations on whether and how to amend the land development code to not allow
inclusionary requirements to be satisfied through `linkage' under Sec. 130 -161 (c) with affordable
housing units built in proportion of the government investment. (Former y 90 -a.)
32. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and
make recommendations on whether and how to amend land development code to not allow inclusionary
requirements to be satisfied through `linkage' under Sec. 130 -161 (c) with affordable housing units
already -existing /built._(Fo7 -#aerly 90 -b.)
Note: linkage should not be available for existing affordable projects as they do not address the need for additional
affordable housing.
TASK 11. OPPORTUNITIES FOR INTERGOVERNMENTAL COOPERATION ON
WORKFORCE HOUSING
33. Building on the February 2016 Workforce Housing Intergovernmental Roundtable and the continuing
participation of municipal planning directors in the AHAC process, the AHAC recommends each
jurisdiction pass a resolution to commit their respective Planning Director's meet to discuss at least
twice a year to explore and implement consistent strategies for closer intergovernmental cooperation and
collaboration on workforce housing. (fomlerlg 99 a)
Note: At the March 2096 AHAC meeting the Committee agreed that * ter cooperation is a "very important" element
of the AHAC's work and tasks on workforce housing. There was agreement that the planning directors review the potential areas that
have been identified for cooperation at the Intergovernmental Roundtable and report back to their respective governing boards and the
AHAC with any recommendations or suggestions for the Committees consideration.
7
Below are the potential intergovernmental cooperation opportunities identified * the Februag 2016 Intergovernmental i�orkforce
Housing Roundtable:
A. Collaborate on monit oring and qualifying Affordable Housing (AHAC Recommendation on Task 3)
B. Seek to develop consistent affordable housing terminology
C. Develop a more consistent intergovernmental approach to deed restrictions
D. Identify county and municipal Funding Sources for Affordable Housing
E. Purchase land to Address the Growing Vorkforce Housing Crisis.
F. Support inclusionag Housing and Redevelopment
G. Provide incentives for Building Vorkforce Housing
H. Vork together on Homeowners and Flood Insurance Costs
L Take a new look at the Hurricane Evacuation Formula
J. Reviewpolicies on backyard houses and workforce housing
K Communicating with the public on the workforce housing need & solutions
P -2 -c
AHAC tasks assigned by BOCC
Implementation
BOCC
October 2017
AHAC Recommendations to BOCC
Resolution 189 -2015
timeframe
Direction
status
TASK 1:
Workforce definition mirrors the
Propose a definition for "Workforce" and
The BOCC should reviewthe Committee's recommended definitions for "Workforce" and "Workforce Housing." If the BOCC accepts
existing " employee housing"
definition which was part ofthe
the need within and where (geographically
the Committee's recommendation, it should direct staff to propose any Land Development Code amendments needed to incorporate them.
Cohen case challenge (earning
in unincorporated Monroe County) for
70% of income in the County).
providing housing for various income
Workforce means individuals or families who are gainfully employed supplying goods and /or services to Monroe County residents or visitors.
CP & Code Amendments
levels (very low, low, median and
Can move forward with defntion
moderate)
Workforce Housing means dwelling units for those who derive at least 70% of their income as members of the Workforce in Monroe County
Staff can process amendments in
or use "employee housing"
and who meet the affordable housing income categories of the Monroe County Code.
a and in 6 months to adopt definitions
and ncorporate into the affordable
passed
definition?
housing code sections and land use
will need:
Based on the current, available data, the Committee believes there is an unmet Workforce Housing need throughout Monroe County,
districts.
Community Meeting
TASK 2:
specifically near employment centers. It recommends the BOCC recognize that Monroe County continues to experience a critical
DRC
Evaluate and define the workforce housing
Workforce Housing need. The need and demand for Workforce Housing appears most critical for those households at the median, low
PC
need in unincorporated Monroe County
and very low- income levels and is most severe in the middle and lower Keys.
BOCC transmittal
state review
BOCC adoption
The bold language for recommendation #3 below were suggested refinements thatwere agreed to by the AHAC at the June 17 meeting.
The Committee recommends the BOCC take action to strengthen the County's ability to qualify and monitor deed restricted affordable
housing in unincorporated Monroe County.
1. The BOCC should direct staff to continue to build its database of deed - restricted units.
1. database ongoing
1. in progress & ongoing
2.
2. The Committee strongly recommends staff coordinate, collaborate and share information with the Monroe County Housing Authority,
coordination ongoing
municipalities, nonprofit entities, and the real estate sector to create a dynamic countywide database, inventory for existing affordable
2. in progress & ongoing
3. County staff cordinating
TASK 3:
housing.
3. staff has requested assistance from
monitoring. Have not identified
Evaluate and propose additional
Florida Housing on reviewng current
a 3rd party yet.
mechanism to qualify and monitor the
3. By October County staff should develop proactive mechanisms including code requirements and fines based on HUD
procedures and enhancing monitoring .
occupants of deed restricted affordable
guidelines to enhance ante the monitoring of affordable housing including consideration of securing the services of the Monroe County Housing
passed
4. County staff coordinating with
housing to ensure the units are preserved
Authority, additional County staff or 3rd party monitoring services or some combination thereof. Funding estimates for such a program
4. in p ongoing g g ress & on
the Cities, including a new
should be developed and evaluated by staff and the Monroe County Housing Authority and should be considered in deciding how to develop
Emergency Temporary Housing
and maintained as affordable
the most cost effective monitoring nd qualifying approach.
9 q Y 9 pp
5.a) in progress &ongoing
Task Force
4. The Committee strongly recommends staff coordinate and share information with the municipalities in developing these options, with a
5.1b) Staff can process amendments in
5. County entered into a
contract with Host Compliance
goal of developing a countywide monitoring mechanism program.
a pp 6 months
approx.
to enhance enforcement
abilities.
5. The Committee strongly recommends that the County identify and fund an enhanced enforcement program as an essential element for
maintaining affordable workforce housing in the County. This program should address compliance and enforcement of deed restricted
property to maintain our available housing stock.
a) Authorize Code Compliance and /or the Monroe County Tax Collector's Office to more aggressively pursue illegal rentals.
b) Require that owner - occupied units be homesteaded.
0
R
10/92017 1
P.2.c
AHAC tasks assigned by BOCC
Implementation
BOCC
October 2017
AHAC Recommendations to BOCC
Resolution 189 -2015
timeframe
Direction
status
Staff can draft overlay concept
to present to BOCC.
The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments
CP and Code Amendments
staff to research &
will need:
to create a workforce housing overlay which can be applied to properties (through a map amendment) to provide additional density
discuss with BOCC
Community Meeting
bonuses for workforce developments that offer only workforce housing rentals in perpetuity on Tier 111 designated /ands.
Staff can process amendments in
approx. 1 year
(use market rate
ROGOs ?)
DRC
PC
BOCC transmittal
state review
BOCC adoption
The AHAC recommends the BOCC direct staff to evaluate and recommend a proactive approach to enhance the enforcement against
Two additional staff approved
illegal vacation rentals, tourist housing and vacation rentals of affordable housing units, including additional code compliance staff to
enforcement in progress & ongoing
keep workign on it
and entered into a contract with
Host Compliance on enhanced
TASK 4:
focus on short-term rentals and continued partnership with the Monroe County Tax Collector.
enforcement.
Develop solutions for rental housing
The AHAC recommends the BOCC direct the Land Authority to evaluate and provide recommendations to the BOCC on utilizing Land
Authority funds to buy back expiring deed restrictions in order to preserve rental affordable housing. The Land Authority should
BOCC previously stated to hold
consider remaining deed restriction timeframes and make recommendations on potential monetary offers to provide for a range of additional
Land Authority
HOLD
on the Land Authority
on AFH buy uy bacack
deed restriction years, including a priority for perpetual deed restrictions in order to preserve existing affordable housing.
The AHAC recommends the BOCC direct staff to evaluate and provide recommendations to the BOCC on strategies and best practices for
engagement, outreach, public awareness and education to address the NIMBY ( "Not in my backyard ") sentiment to workforce housing and
ongoing
passed
collaborate with the developers, municipalities, the private and non- profit sectors.
0
10/92017 z
P -2 -t
AHAC tasks assigned by BOCC
Implementation
BOCC
October 2017
AHAC Recommendations to BOCC
Resolution 189 -2015
timeframe
Direction
status
The AHAC recommends the BOCC consider issuing requests for proposals (RFP) for the development of workforce housing on
Staff discussed issuing an RFP in
RFP not needed.
county -owned land as a key priority. The AHAC recommends the BOCC direct staff to collaborate with other public entities which own land
August with BOCC. Ofthe 7 properties
No land available. 3
in the county and recommend how best to increase and target incentives for leasing back the properties to workforce housing developers.
discussed with BOCC, 2 parcels are
lots provided to
BOCC did not direct the Land
being utilized bythe Sheriff. Remaining
Habitat.
Authority to prioritize the
parcels have a development potential
purchase of additional Tier 3
of 14 units combined. RFP may no
lands for the development of
longer be worthwhile with low unit
workforce housing
The AHAC also recommends the BOCC direct the Land Authority to prioritize the purchase of additional Tier 3 lands for the
potential. Would need to work with legal
development of workforce housing. The BOCC may also consider future RFPs for the development of affordable housing.
on title searches.
Not passed
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and legislative issues and develop recommendations on the
development of a property tax incentive for homeowners that rent a lawfully established existing market rate unit to a member of the
continue research
legislative - not complete
workforce in any Tier within the very low, low and median affordable housing income limits and rental rates.
passed
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and legislative issues and develop recommendations on the
creation of a 10 -year tax incentive for the development of only workforce housing.
staff to research
legislative - not complete
The AHAC recommends the BOCC direct staff to maintain and update the inventory of County owned land that can be used for affordable
developed and ongoing
done
will update when additional
housing development.
lands are purchased for AFH
TASK 5:
Develop incentives for development of
ongoing
workforce housing on Tier III properties
The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments
research - bring
will need:
to allow property owners of Tier 3 designated lands with an existing market rate dwelling unit to add an accessory workforce housing
CP and Code Amendments
back after
Community Meeting
residential unit which will require the use of an affordable ROGO. Staff should evaluate residential zoning districts, density standards,
Staff in
developing a way to
DRC
TASK 6:
income levels, maximum size of the accessory workforce housing residential unit and the minimum property size for the development of an
can process amendments
approx. 1
use market rate
PC
Develop strategies for increasing density
accessory residential workforce housing unit. This can be a method to incentivize the development of smaller "starter units" for the workforce.
year
ROGOs
BOCC transmittal
to encourage workforce housing
development, such as micro housing and
state review
BOCC adoption
dormitories
The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments
CP and Code Amendments
research - develop
In the initial height amendment
to create a Workforce Housing overlay for the Planning Commission to recommend and Board of County Commissioners to approve an
Staff can amendments in
criteria & more
specifics - discuss
drafts there was a proposal for
AFH which was opposed by the
extra story for the development of an exclusive workforce housing project, up to maximum of 40 feet.
process
approx. 1+ year
with BOCC
community.
The AHAC recommends the BOCC direct staff to revise existing Land Development Code Section 130 -161.1 to provide another incentive for
the preservation of affordable housing and the development of market rate housing on Improved Subdivision (IS), Tier III properties as
follows
Code Amendment
drafted - have not started public
ROGO exemptions transferred under this program may be L on a 1 for 1 basis w4ere the 8869 a;rempaaas are to be 'r - :, -�„s e'Feo
process
to Tier III, single - family residential lots er parse/ within the Improved Subdivision (IS) land use disL and the same ROGO planning
Staff can process amendments in
passed
subarea for the development of si ngle family detached dwelling units. Mgwe.er, w4ere *a- e;,sfers are to be 99ad to ^99999ers;a; er
approx. 6 months
will need:
werkiag 9,at9lfFGro fag defi% byFlerida Statutes } er to ^g••'*,,,o,tianw4 ryrejests is 999 S 6IA6ti4Gt &, 44e fF@,rofer s4@f r -RFF ir+ae
Community Meeting
#ender thaw twe deedo�- �astr;sted afterda W. er uderkferse bedsing e,94 rengaining ep as eNgible seader fer eash market rate 8869
DRC
PC
BOCC transmittal
The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments
CP &Code Amendment
state review
to create an additional workforce housing density bonus in the Mixed Use Zoning District to provide additional density only for the
BOCC adoption
development of workforce rental housing in the median, low and very low income categories which is deed restricted in perpetuity and
Staff can process amendments in
passed
located on Tier 3 designated lands.
approx. 6 months
0
10/9/2017 3
P -2 -c
AHAC tasks assigned by BOCC
Implementation
BOCC
October 2017
AHAC Recommendations to BOCC
Resolution 189 -2015
timeframe
Direction
status
TASK 7:
Develop strategies to increase the Monroe
County Housing Authority's role in
See Task 3 AHAC October 2015 recommendations that address this Task.
Staff has requested assistance from
Florida Housing on reviewng current
ongoing
workforce housing, specifically as a
procedures and enhancing monitoring
management entity for rental workforce
housing
Unquestionably these recommendations will be costly, in developing these recommendations, the AHAC believes from the past 12 months of
discussions that the Commission should set a 10 -year target of raising at least $10 million annually from local funding sources to help
n/a
expand workforce housing in Monroe County and address the unmet Workforce Housing need throughout Monroe County, specifically near
employment centers.
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and operational issues and make recommendations on whether
and how to establish an annual fee on non - primary residences that are not utilized as long -term rentals (6 month rentals or greater)
No
to be dedicated to supporting workforce housing and the enforcement of regulations.
The AHAC recommends the BOCC direct staff to evaluate the legal, statutory, financial and operational issues and make recommendations
on whether and how to establish a property tax exemption for non - primary residences that rent their residence for not less than 6
months (long term) to a member of the Monroe County workforce. Every property owner claiming the additional reduction in assessed
passed
legislative - not complete
value must annually file an application with the Monroe County Property Appraiser, including documentation and affidavit regarding the
TASK 8:
qualifying workforce housing occupant of the residence for the year in which the reduction is sought.
Explore and propose expanding local
funding sources (local government,
private /public partnerships,
The AHAC recommends the BOCC direct staff to evaluate the legislative, economic and financial issues, including and take the necessary
community /charitable organizations) to
steps and make recommendations on whether and how to propose to statutory amendments to increase by 1 penny the Tourist Impact
No
help expand workforce housing in Monroe
Tax to provide additional dedicated funding for the acquisition of land for workforce housing and construction of workforce housing in Monroe
County
County. Evaluate including a sunset date of 10 years.
The AHAC recommends the BOCC direct staff to engage with the Community Foundation of the Florida Keys (CFFK), municipalities, and the
business and tourist sector in Monroe County to establish a community workforce housing fund administered by the CFFK that can
passed
not initiated yet
provide additional dedicated funding for workforce housing in Monroe County and rental assistance loans.
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether
and how to increase the ad valorem tax on residential /commercial properties and commercial properties that are not rented at
No
affordable rates in order to provide additional dedicated funding for the acquisition of land for workforce housing and construction of
workforce housing in Monroe County.
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether
not initiated
and how to create a tax incentive for commercial properties that include workforce housing on the same site.
passed
yet
The AHAC recommends the BOCC direct the Land Authority to evaluate and provide recommendations to the BOCC on utilizing Land
Authority funds to buy back expiring deed restrictions in order to preserve rental workforce housing. The Land Authority should
Land Authority has authority to do with
n/a
TASK 9:
consider remaining deed restriction timeframes and make recommendations on potential monetary offers to provide for a range of additional
existing statute
Review and consider recommendations to
deed restriction years, including a priority for perpetual deed restrictions in order to preserve existing workforce housing.
the BOCC for amendments to statutes to
address:a, b, c, & d
In light of the workforce housing crisis in Monroe County, the AHAC recommends the BOCC continue to support of the provision of Sadowski
ongoing
support
Trust funding and the dedicated tax credit project for the Florida Keys as a key legislative priority.
0
10/92017 4
P -2 -c
AHAC tasks assigned by BOCC
Implementation
BOCC
October 2017
AHAC Recommendations to BOCC
Resolution 189 -2015
timeframe
Direction
status
in progress
Studies complete.
surveys developed and sent to 3,000
Consultant was going to present
employers
findings at the September
"The AHAC recommends that the Board of County Commission support and fund a nexus study as the first step in the expansion of the
BOCC which has been delayed
current County residential inclusionary housing program to cover transient and commercial development in the County." AHAC January
data collection & analysis on going
passed
due to the storm.
2016 Resolution to the BOCC
Clarion Associates here today to inform
the public and County officials about
This item in an incentive but a
t
TASK 10:
the project, its schedule, and general
requirement t provide AFH for
Develop strategies to assist in developing
goals, and to receive input and
expansion creation of
nonresidential uses.
inclusionary housing requirements for
feedback.
hospitality and commercial sector to build
workforce housing
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether
Code Amendment
and how to amend the land development code to not allow inclusionary requirements to be satisfied through 'linkage' under Sec. 130
Staff in
passed
ongoing
161 (c) with affordable housing units built in proportion of the government investment.
can process amendments
approx. 6 months
The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether
Code Amendment
and how to amend land development code to not allow inclusionary requirements to be satisfied through 'linkage' under Sec. 130-
Staff in
passed
ongoing
161 (c) with affordable housing units already existing /built.
can process amendments
approx.6 months
Building on the February 2016 Workforce Housing Intergovernmental Roundtable and the continuing participation of municipal planning
directors in the AHAC process, the AHAC recommends each jurisdiction pass a resolution to commit their respective Planning
Director's meet to discuss at least twice a year to explore and implement consistent strategies for closer intergovernmental cooperation
and collaboration on workforce housing.
Note: At the March 2016 AHAC meeting the Committee agreed that intergovernmental cooperation is a "very important" element of the
AHAC's work and tasks on workforce housing. There was agreement that the planning directors review the potential areas that have been
identified for cooperation at the Intergovernmental Roundtable and report back to their respective governing boards and the AHAC with any
Below are the potential intergovernmental cooperation opportunities identified in the February 2016 Intergovernmental Workforce Housing
Task 11:
Roundtable:
BOCC Resolution 393 -2015
A. Collaborate on monitoring and qualifying Affordable Housing (AHAC Recommendation on Task 3)
supporting & encouraging collaboration
B. Seek to develop consistent affordable housing terminology
passed
with cities
C. Develop a more consistent intergovernmental approach to deed restrictions
D. Identify county and municipal Funding Sources for Affordable Housing
E. Purchase land to Address the Growing Workforce Housing Crisis.
F. Support inclusionary Housing and Redevelopment
G. Provide incentives for Building Workforce Housing
H. Work together on Homeowners and Flood Insurance Costs
I. Take a new look at the Hurricane Evacuation Formula
J. Review policies on backyard houses and work force housing
K. Communicating with the public on the workforce housing need & solutions
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MONROE COUNTY, FLORIDA
RESOLUTION -2018
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, AMENDING
INTERIM DEVELOPMENT ORDINANCE 011-2017 TO REDUCE ITS SCOPE, IN
ORDER TO ALLOW NEW APPLICATIONS, OR RECEIVED APPLICATIONS THAT
HAVE NOT BEEN FULLY APPROVED, TO UTILIZE MONROE COUNTY CODE
SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) OR SECTION
138 -22(B) (TRANSFER OF ROGO EXEMPTIONS) TO TRANSFER MARKET RATE
ROGO EXEMPTIONS TO TIER III PLATTED LOTS WITHIN THE IMPROVED
SUBDIVISION (IS) OR URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE
DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR THE
DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS,
PROVIDED THE RECEIVER SITE IS NOT A WORKING WATERFRONT, AS
RECOMMENDED BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE
AND THE BOCC; 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 (BOCC) adopted Resolution
088 -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 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
33 WHEREAS, the BOCC adopted Ordinance Olt -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
38
Reso No. -2018 Page 1 of 3
I 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 HI -A designated parcels in order to replace market rate
5 dwelling units with a deed - restricted affordable housing dwelling units; and
6
7 WHEREAS, since the adoption of Ordinance Olt -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
10
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
15
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
19
20 WHEREAS, interim development Ordinance 011 -2017 shall remain in place notwithstanding the
21 modifications made herein; and
22
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
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
29 MONROE COUNTY:
30
31 Section 1. Reduction in Scone of Monroe Countv Board of Countv 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. -2018 Page 2 of 3
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b. receiver site is a legally platted lot; and
c. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
d. receiver site is located within the same ROGO planning subarea as the sender site; and
e. receiver site property is not a working waterfront.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the _day of , 2018.
Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
(SEAL)
Mayor David Rice
�90N OE COUNTY OI�MEY
A Z-
ASSIS;A: ,4 i , " TT0RNEY
09to - �� -
Reso No. -2018
Page 3 of 3
To: Monroe County Planning Commission
Through: Emily Schemper, AICP, CFM
Acting Senior Director of Planning & Environmental Resources
From: Cheryl Cioffari, AICP
Principal Planner
Date: July 3, 2018
Subject: A resolution of the Board of County Commissioners, amending interim development
Ordinance Olt -2017 to reduce its scope, in order to allow new applications, or received
applications that have not been fully approved, to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO
exemptions) to transfer Market Rate ROGO exemptions to Tier III platted lots within the
Improved Subdivision (IS) or Urban Residential Mobile -Home (URM) Land Use District
and within the same ROGO planning subarea for the development of single family detached
dwelling units, provided the receiver site is not a working waterfront, as recommended by
the Affordable Housing Advisory Committee and the BOCC; providing for severability,
providing for transmittal to the State Land Planning Agency and the Secretary of State,
providing for an effective date.
Meeting: July 18, 2018
L REQUEST
The Monroe County Planning & Environmental Resources Department is proposing a resolution to
reduce the scope of interim development ordinance (IDO) 011 -2017 to allow for the transfer of market -
rate units utilizing Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or
Section 138 -22(b) (Transfer of ROGO exemptions off site) in certain limited situations.
II. BACKGROUND INFORMATION
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.
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 and inclusionary housing requirement to cover transient and commercial development as well
as requested staff to schedule a special meeting to discuss the remaining recommendations.
Page I of 4
¢ 4
M1A DUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Planning Commission
Through: Emily Schemper, AICP, CFM
Acting Senior Director of Planning & Environmental Resources
From: Cheryl Cioffari, AICP
Principal Planner
Date: July 3, 2018
Subject: A resolution of the Board of County Commissioners, amending interim development
Ordinance Olt -2017 to reduce its scope, in order to allow new applications, or received
applications that have not been fully approved, to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO
exemptions) to transfer Market Rate ROGO exemptions to Tier III platted lots within the
Improved Subdivision (IS) or Urban Residential Mobile -Home (URM) Land Use District
and within the same ROGO planning subarea for the development of single family detached
dwelling units, provided the receiver site is not a working waterfront, as recommended by
the Affordable Housing Advisory Committee and the BOCC; providing for severability,
providing for transmittal to the State Land Planning Agency and the Secretary of State,
providing for an effective date.
Meeting: July 18, 2018
L REQUEST
The Monroe County Planning & Environmental Resources Department is proposing a resolution to
reduce the scope of interim development ordinance (IDO) 011 -2017 to allow for the transfer of market -
rate units utilizing Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or
Section 138 -22(b) (Transfer of ROGO exemptions off site) in certain limited situations.
II. BACKGROUND INFORMATION
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.
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 and inclusionary housing requirement to cover transient and commercial development as well
as requested staff to schedule a special meeting to discuss the remaining recommendations.
Page I of 4
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.
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.
On April 13, 2016, at a special public meeting, the BOCC adopted the Land Development Code to be
consistent with the Monroe County Year 2030 Comprehensive Plan. On July 26, 2016, DEO published
Final Order DEO -16 -130 in the Florida Administrative Register approve the Monroe County Land
Development Code (Ordinance 006 - 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 developed code became effective on February
3, 2017.
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.
The Monroe County Board of County Commissioners adopted Resolution 088 -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 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.
On July 19, 2017, the BOCC adopted interim development Ordinance 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 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 the interim development ordinance or when the land development code amendments become effective,
whichever comes first. Ordinance 011 -2017 is due to expire on October 27, 2018. Staff is continuing to
work on the necessary text amendments.
On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage occurred
to the housing stock, particularly in areas with lower cost housing options for members of the local
workforce. Due to the need to rebuild a substantial number of homes throughout the County, and the
objective to maintain affordability while rebuilding a resilient housing stock, both private and public
Page 2 of 4
agencies and property owners are engaged in redevelopment activities that may require or benefit from the
transfer of market rate ROGO exemptions. Potential motivation to transfer market rate ROGO exemptions
includes, but is not limited to: vulnerability of sender sites to future storm damage; overcrowding of
dwelling units on pre -storm housing sites; availability of funding for specific project types and locations;
opportunities to replace market rate housing with deed restricted affordable housing to maintain workforce
housing stock; and the potential to leverage market rate ROGO transfers in order to fund efforts to
reconstruct affordable units.
Additionally, on April 19, 2018 at the regularly scheduled Board of County Commissioners meeting, the
BOCC gave direction to staff to process proposed text amendments to the Comprehensive Plan and Land
Development Code to incentivize the development of affordable housing by allowing the issuance of
affordable housing ROGO allocations to Tier 1, Tier II, Tier III and Tier III -A designated parcels in order
to replace market rate dwelling units with a deed - restricted affordable housing dwelling units.
Since the adoption of Ordinance Olt -2017, there have been instances in which an applicant seeks to
transfer an existing market -rate unit to an off -site location and redevelop the property with a deed -
restricted affordable dwelling unit. However, the interim development Ordinance 011 -2017 prohibits the
ability to transfer the market -rate unit at this time, and therefore does not allow the owner to realize the
full potential of the incentives the BOCC wishes to offer for redevelopment of homes with deed restricted
affordable units.
Staff is recommending approval of a resolution of the BOCC to amend the Interim Development
Ordinance adopted by Ordinance Olt -2017 to narrow its scope so that market rate ROGO transfers
consistent with the intent of the adopted moratorium may be allowed at this time, prior to adoption of
the directed land development code amendments.
The proposed amendment to Ordinance 011 -2017 would allow the transfer of Market Rate ROGO
exemptions pursuant to Section 139 -2 (Affordable Housing Incentive Program) and /or Section 138 -
22(b) (Transfer of ROGO Exemptions Off -Site) only to receiver properties that meet all of the following
criteria:
1. receiver site is designated as Tier III; and
2. receiver site is a legally platted lot; and
3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
4. receiver site is located within the same ROGO planning subarea as the sender site; and
5. receiver site property is not a working waterfront.
Staff will continue to work on BOCC directed amendments related to the transfer of ROGO exempt
market -rate units to platted lots consistent with direction received at the April 19, 2018 BOCC Meeting.
Staff will be seeking an extension to the interim development Ordinance 011 -2017 consistent with
the reduction in scope described above.
III. STAFF RECOMMENDATION
Staff recommends approval of the reduction in scope of the existing moratorium established through
interim development Ordinance 011 -2017.
IV. EXHIBITS
Page 3 of 4
1. Ordinance 011 -2017
t,
Page 4 of 4