Item R4C 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
August 15, 2018
Agenda Item Number: R.4
Agenda Item Summary #4251
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: An ordinance by the Monroe County Board of County
Commissioners extending an interim development ordinance for an additional 365 days to defer the
approval of new applications or received applications that have not been fully approved them
regarding "lock -out" units commencing October 27, 2018, until the BOCC can review and possibly
amend the comprehensive plan and land development code regarding the definitions of dwelling
unit; household; family and the undefined term "lock -out" of a dwelling unit; providing for
expiration within 365 days of the effective date of an interim development ordinance or when the
comprehensive plan and land development code amendments become effective, whichever comes
first; providing for severability; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for an effective date.
ITEM BACKGROUND:
The Monroe County Board of County Commissioners adopted Resolution 087 -2017, at a regular
meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to
impose a temporary moratorium deferring the approval of new applications or received application
that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land
development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing only
affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications
utilizing the term "lock- out."
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 012 -2017 implementing the moratorium described above. This ordinance is due to expire
on October 27, 2018, if the relevant Comprehensive Plan and Land Development Code amendments
are not adopted and effective before that date.
Staff is working on BOCC directed amendments related to the development of dwelling units
utilizing the term "lock- out ". However, due to the impacts of Hurricane Irma and the prioritization
of hurricane impact related building permits and development orders, an extension to the interim
development order is appropriate.
At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the
proposed interim development Ordinance and recommended approval through Resolution P20 -18.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC on February 15, 2017, directed staff to impose a temporary moratorium upon certain
development applications proposing occupancy by "three unrelated people" or "two unrelated people
and any children related to either of them" of a dwelling unit or utilizing the term "lock- out," due to
pending legislation.
The BOCC adopted Resolution 087 -2017, on March 15, 2017, directing staff to process an ordinance
to impose a temporary moratorium deferring the approval of new applications or received
application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
or land development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing only
affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications
utilizing the term "lock- out."
The BOCC adopted interim development Ordinance 012 -2017 on July 19, 2017.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2018- 090_Staff Report
EX.1.Ord -012 -2017
Ex.2 Reso P.20 -18
Stamped_Ordinance
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:
h]X TA1 IHIlt -Is
Emily Schemper
Completed
Steve Williams
Completed
Jaclyn Carnago
Completed
Assistant County Administrator Christine
Hurley
07/30/2018 3:55 PM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
07/27/2018 10:38 AM
07/27/2018 3:16 PM
07/30/2018 11:28 AM
Completed
07/30/2018 5:04 PM
07/31/2018 7:28 AM
07/31/2018 8:24 AM
08/15/2018 9:00 AM
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
Resources
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
Date: July 24, 2018
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS
INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 012 -2017
FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW
APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY
APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE
AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380
DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE
PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE
HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE
UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN
RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS
UTILIZING THE TERM "LOCK- OUT," COMMENCING OCTOBER 27, 2018, UNTIL
THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN
AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF
DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-
OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR
WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING
FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE. (File 2018 -090)
Meeting: August 15, 2018
L REQUEST
The Monroe County Planning & Environmental Resources is proposing an extension to the interim
development ordinance (IDO) to defer the approval of new applications or received applications
File No. 2018 -090 Page 1 of 3
that have not been fully approved, commencing October 27, 2018, for comprehensive plan or land
development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing
only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or
"two unrelated people and any children related to either of them" of a dwelling unit, and
applications utilizing the term "lock- out."
On July 19, 2017, the BOCC adopted interim development Ordinance 012 -2017. Staff is seeking
an extension to the IDO.
II. BACKGROUND INFORMATION
On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan
and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
Plan.
Ordinance 005 -2016 was the adoption ordinance for the Monroe County Year 2030
Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity
(DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment
transmittal was complete and issued a notice of intent to find the amendment "in compliance" on
June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the
posting of the Notice of Intent on the DEO Website on June 20, 2016.
Ordinance 006 -2016 was the adoption ordinance for the Monroe County Land Development Code.
This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24,
2016. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative
Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). The Final
Order would have become effective 21 days after publication in the Florida Administrative Register
unless a petition was timely filed. The Land Development Code would have become effective on
August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the
DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130-
165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated
settlement agreement and allowing the Monroe County Land Development Code to become
effective. The County's updated land development code became effective on February 3, 2017.
The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land
Development Code included definitions which were amended with the adoption of the new code in
April 2016. Neither document includes a definition of "lock- out."
The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017
in Key West, Florida, directed staff to impose a temporary moratorium upon certain development
applications proposing occupancy by "three unrelated people" or "two unrelated people and any
children related to either of them" of a dwelling unit or utilizing the term "lock- out," due to
pending legislation.
The Monroe County Board of County Commissioners adopted Resolution 087 -2017, at a regular
meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to
impose a temporary moratorium deferring the approval of new applications or received application
File No. 2018 -090 Page 2 of 3
that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land
development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing only
affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications
utilizing the term "lock- out."
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 012 -2017 implementing the moratorium described above. This ordinance is due to expire
on October 27, 2018, if the relevant Comprehensive Plan and Land Development Code amendments
are not adopted and effective before that date.
Staff is working on BOCC directed amendments related to the development of dwelling units
utilizing the term "lock- out ". However, due to the impacts of Hurricane Irma and the prioritization
of hurricane impact related building permits and development orders, an extension to the interim
development order is appropriate.
Development Review Committee and Public Input
At a regular meeting held on June 26, 2018, the Development Review Committee (DRC) considered
the proposed interim development Ordinance and provided for public comment.
Planning Commission
At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the
proposed interim development Ordinance and recommended approval through Resolution P20 -18.
III. STAFF RECOMMENDATION
Staff recommends approval of the proposed extension to the interim development ordinance
The interim development ordinance provides a period of time between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and /or other code requirements] to ensure that the amendments are fully evaluated to
ensure public health, safety, and welfare of the citizens of unincorporated Monroe County,
including the provision of public participation in the planning process.
Staff is working on BOCC directed amendments related to the development of dwelling units
utilizing the term "lock- out ". However, due to the impacts of Hurricane Irma and the prioritization
of hurricane impact related building permits and development orders, an extension to the interim
development order is appropriate.
IV. EXHIBITS
1. Ordinance 012 -2017
2. Planning Commission Resolution P20 -18
File No. 2018 -090 Page 3 of 3
Tt Exhibit 1 to PC Staff Re
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. 012 -2017 to defer the approval of new
private applications or received applications that have not been fully approved for
Comprehensive Plan or Land Development Code amendments, Development Agreements
(including 380 Development Agreements), and minor and major conditional use permits
(excluding applications proposing only affordable housing dwelling units), with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to
either of them" of a dwelling unit, and applications utilizing the term "lock- out ", commencing
March 15, 2017, until the BOCC can review and possibly amend the Comprehensive Plan and
Land Development Code regarding the definitions of dwelling unit; household; family and the
undefined term "lock -out" of a dwelling unit; providing for the expiration with 365 days of the
effective date of this interim development Ordinance or when the when the Comprehensive Plan
and Land Development Code amendments become effective, whichever comes first; providing
for severability; providing for transmittal to the State Land Planning Agency and the Secretary of
State; providing for an effective date.
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
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- Packet Pg. 2072
MONROE COUNTY, FLORIDA
ORDINANCE 012 -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS
OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY
APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT
CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380
DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR
CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING
ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED
OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED
PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A
DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK-
OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW
AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK -OUT"
OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE
OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
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 applications or received
application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
or land development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing only
affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications
utilizing the term "lock- out;" and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary
moratorium upon certain development applications proposing occupancy by "three unrelated people"
or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the
term "lock- out," due to pending legislation; and
2017 -053 Page 1 of 3
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, the Monroe County BOCC has identified and discusses concerns with the
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of "lock- out;" and
WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are. silent
on use of "lock- outs" and this use was not discussed during the update process and further edits are
needed to specifically address "lock- outs;" and
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
unincorporated Monroe County, including the provision of public participation in the planning process;
and
WHEREAS, staff has been directed to process an interim development ordinance to impose a
temporary moratorium deferring the approval of new applications or received application that have not
been fully approved, commencing March 15, 2017, for comprehensive plan or land development code
amendments, development agreements (including 380 development agreements), and minor and major
conditional use permits (excluding applications proposing only affordable housing dwelling units);
with proposed occupancy by "three unrelated people" or "two unrelated people and any children
related to either of them" of a dwelling unit, and applications utilizing the term "lock- out;"
commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan
and land development code regarding the definitions of dwelling unit; household; family and the
undefined term "lock- out," providing for expiration within 365 days of the effective date of an interim
development ordinance or when the comprehensive plan and land development code amendments
become effective, whichever comes first;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new applications or received application that have not been fully approved,
commencing March 15, 2017, for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits (excluding applications proposing only affordable housing dwelling units); with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit, and applications utilizing the term "lock- out;" commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a
dwelling unit; providing for expiration within 365 days of the effective date of an interim development
ordinance or when the comprehensive plan and land development code amendments become effective,
whichever comes first.
2017 -053 Page 2 of 3
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. - --
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.
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Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Yes
Yes
Yes
Yes
Yes
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DEPUTY CLERK
2017 -053
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY 1 5
Mayor George Neugent
MON OE COUNTY A A V $ TQ
AS818'1 ^NT CO NTY ATTORNEY
Date Gy1 - 7 �17
Page 3 of 3
I Exhibit 2
2?
3 114E Y� iI
4 1
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8 MONROE COUNTY, FLORIDA
9 PLANNING COMMISSION RESOLUTION NO. P 18
10
11
12 A RESOLUTION BY THE MONROE COUNTY PLANNING
13 COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE BY
14 THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
15 EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS
16 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE
17 012 -2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL
18 OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE
19 NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR
20 LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT
21 AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS),
22 AND MINOR AND MAJOR CONDITIONAL USE PERMITS
23 (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE
24 HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY
25 "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE
26 AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A
27 DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM
28 "LOCK- OUT," COMMENCING OCTOBER 27, 2018, UNTIL THE BOCC
29 CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN
30 AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS
31 OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED
32 TERM "LOCK -OUT" OF A DWELLING UNIT; PROVIDING FOR
33 EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS
34 INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
35 COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
36 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
37 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL
38 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY
39 OF STATE; PROVIDING FOR AN EFFECTIVE DATE. (File 2018 -090)
40
41
42
43 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution
44 087 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to
45 process an ordinance to impose a temporary moratorium deferring the approval of new
46 applications or received application that have not been fully approved, commencing March 15,
Resolution #Pa 8 Page 1 of 3
File #2018 -090
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2017, for comprehensive plan or land development code amendments, development
agreements (including 380 development agreements), and minor and major conditional use
permits (excluding applications proposing only affordable housing dwelling units); with
proposed occupancy by "three unrelated people" or "two unrelated people and any children
related to either of them" of a dwelling unit, and applications utilizing the term "lock- out "; and
WHEREAS, at a regular meeting on July 19, 2017, in Marathon, the BOCC adopted
interim development Ordinance 012 -2017 implementing the moratorium described above; and
WHEREAS, the Ordinance 012 -2017 is due to expire on October 27, 2018, if the
relevant Comprehensive Plan and Land Development Code amendments are not adopted and
effective before that date; and
WHEREAS, the Staff is working on BOCC directed amendments related to the
development of dwelling units utilizing the term "lock- out "; and
WHEREAS, an extension to the interim development ordinance for 365 days or until an
ordinance amending the Comprehensive Plan and Land Development Code to add such County
regulations is adopted and becomes effective, whichever comes first, is necessary; and
WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendments at a regularly scheduled meeting held on the 26 day of June, 2018;
and
WHEREAS, on June 26, 2018, the Monroe County Development Review Committee
(DRC) reviewed the proposed amendment; and
WHEREAS, staff is recommending approval of extension to the interim development
ordinance for 365 days or until an ordinance amending the Comprehensive Plan and Land
Development Code to add such County regulations is adopted and becomes effective, whichever
comes first; and
WHEREAS, the Monroe County Planning Commission held a public hearing on the 25`
day of July, 2018, for review and recommendation on the proposed amendment; and
WHEREAS, the Planning Commission was presented with the following documents and
other information relevant to the request, which by reference is hereby incorporated as part of the
record of said hearing:
1. Staff report prepared by Cheryl Cioffari, Principal Planner, dated July 11, 2018;
2. Sworn testimony of Monroe County Planning & Environmental Resources
Department staff, and
3. Advice and counsel of Steve Williams, Assistant County Attorney, and Thomas
Wright, Planning Commission Counsel; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusions of Law:
Resolution #PW18 Page 2 of 3
File #2018 -090
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1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statute;
and
4. The proposed amendment is necessary due to new issues, as required by Section 102-
158 of the Monroe County Code.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
approval of the proposed extension to the interim development ordinance for 365 days or until an
ordinance amending the Comprehensive Plan and Land Development Code to add such County
regulations is adopted and becomes effective, whichever comes first.
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 25 day of July, 2018.
Denise Werling, Chair
William Wiatt, Commissioner
yes
Beth Ramsey - Vickrey, Commissioner
'A
Teri Johnston, Commissioner
Ron Miller, Commissioner
PLANNING
By
F MONROE COUNTY, FLORIDA
Denise Werling, Chair
Signed this day of
Monroe County Planning Commission Attorney
Approved s To Form
Date: V- ��Z 2d9l �.,
Resolution #Mt, 18
File #2018 -090
2015
Page 3 of 3
fig'
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3 MONROE COUNTY, FLORIDA
4 ORDINANCE NO. -2018
5
6
7 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
9 AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 012-
10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW
11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND
13 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS
14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
15 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
16 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
17 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO
18 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF
19 THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM
20 "LOCK- OUT," COMMENCING OCTOBER 27, 2018, UNTIL THE BOCC CAN
21 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND
22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING
23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK -OUT"
24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
25 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE
26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
28 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018 -090)
31
32
33
34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
36 ordinance to impose a temporary moratorium deferring the approval of new applications or received
37 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
38 or land development code amendments, development agreements (including 380 development
File 2018 -090 Page 1 of 4
1 agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
3 unrelated people and any children related to either of them" of a dwelling unit, and applications
4 utilizing the term "lock- out;" and
5
6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
7 February 5, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium
8 upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated
9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock- out," due
10 to pending legislation; and
11
12 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 19`
13 day of July, 2017 in Marathon, Florida adopted Ordinance 012 -2017 imposing a temporary moratorium
14 upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated
15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock- out," due
16 to pending legislation; and
17
18 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
19 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
20 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
21 development; and
22
23 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
24 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the
25 undefined term of "lock- out;" and
26
27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on
28 use of "lock- outs" and this use was not discussed during the update process and further edits are needed
29 to specifically address "lock- outs;" and
30
31 WHEREAS, an ordinance addressing the interim time period between the current adopted
32 comprehensive plan and land development code and the adoption of any new amendment(s) [new
33 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
34 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
35 unincorporated Monroe County, including the provision of public participation in the planning process;
36 and
37
38 WHEREAS, an extension to the temporary moratorium deferring the approval of new
39 applications or received application that have not been fully approved, commencing October 27, 2018,
40 for comprehensive plan or land development code amendments, development agreements (including
41 380 development agreements), and minor and major conditional use permits (excluding applications
42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
File 2018 -090 Page 2 of 4
1 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
2 and applications utilizing the term "lock- out;" will allow time to review, study, hold public hearings,
3 and prepare and adopt an amendment or amendments to the Land Development Code and the
4 Comprehensive Plan; and
5
6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC)
7 reviewed the proposed interim development ordinance; and
8
9 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County Planning
10 Commission held a public hearing for the purpose of considering the proposed interim development
11 ordinance and provided for public comment; and
12
13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20 -18
14 recommending approval of the proposed interim development ordinance; and
15
16 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
17 of Monroe County.
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
20 OF MONROE COUNTY:
21
22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
23
24 SECTION 2. MORATORIUM IMPOSED Monroe County Planning and Environmental
25 Resource Department shall defer the approval of new applications or received applications that have not
26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code
27 amendments, development agreements (including 380 development agreements), and minor and major
28 conditional use permits (excluding applications proposing only affordable housing dwelling units); with
29 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to
30 either of them" of a dwelling unit, and applications utilizing the term "lock- out;" commencing October
31 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development
32 code regarding the definitions of dwelling unit; household; family and the undefined term "lock -out" of a
33 dwelling unit; providing for expiration within 365 days of the effective date of an interim development
34 ordinance or when the comprehensive plan and land development code amendments become effective,
35 whichever comes first.
36 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless
37 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption
38 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
39 Ordinance extend beyond 365 days from the effective date of this ordinance.
40
File 2018 -090 Page 3 of 4
1 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance
4 invalid or unconstitutional.
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SECTION 5: 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 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon
filing with the Florida Department of State.
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)
LE
Mayor David Rice
MON COUNTY ATT NEY
A TO F . ,
AS81 T T CO ATTORNEY
File 2018 -090 Page 4 of 4