Item S4S.4
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: S.4
Agenda Item Summary #4889
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: A public hearing regarding Transmittal to the State Land Planning
Agency of an Ordinance by the Monroe County Board of County Commissioners amending Policy
101.3.3 of the Monroe County Year 2030 Comprehensive Plan to allow for the award of ROGO
allocations to Tier I and III-A for the redevelopment of lawfully existing ROGO exempt dwelling
units with a replacement affordable dwelling unit. (File 2018-107)
ITEM BACKGROUND:
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 away from storm-damaged
sites, and the award of affordable ROGO allocations onto Tier I and III-A designated parcels for the
purpose of rebuilding damaged homes. The need to replace market rate ROGO exemptions with
affordable ROGO allocations, regardless of Tier designation, may include, but is not limited to:
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. The ability to replace a lawfully established dwelling unit with a deed restricted affordable
dwelling unit that has secured an affordable ROGO allocation award bolsters efforts to maintain
affordability while rebuilding resilient housing stock. Current policies within the Comprehensive
Plan do not allow for the award of affordable ROGO allocations to Tier I or Tier III-A designated
parcels. Affordable ROGO allocation awards are currently restricted to land with Tier II and III
designations.
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 and Tier III-A designated parcels in order to replace
Packet Pg. 1975
S.4
market rate dwelling units with a deed-restricted affordable housing dwelling units.
At a regular meeting held on September 26, 2018, the Planning Commission (PC) recommended
approval of the proposed text amendment through PC Resolution P29-18 and provided for public
comment.
PREVIOUS RELEVANT BOCC ACTION:
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 Committeeadopted
Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contractsfor
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.
At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33
recommendations provided by the Affordable Housing Advisory Committee and directedstaff 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.
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.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed amendment.
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S.4
DOCUMENTATION:
Staff Report - BOCC 11-20-2018
Ex.1_P29-18_Resolution
Transmittal_Reso
Exhibit A to Resolution - Draft 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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Emily Schemper Completed 10/31/2018 1:24 PM
Steve Williams Completed 10/31/2018 1:32 PM
Maureen Proffitt Completed 10/31/2018 2:04 PM
Budget and Finance Completed 11/01/2018 9:53 AM
Maria Slavik Completed 11/01/2018 10:02 AM
Assistant County Administrator Christine Hurley Completed
11/01/2018 11:34 AM
Emily Schemper Completed 11/01/2018 11:53 AM
Kathy Peters Completed 11/01/2018 12:48 PM
Board of County Commissioners Pending 11/20/2018 9:00 AM
Packet Pg. 1977
S.4.a
1
2
3
4MEMORANDUM
5M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
6We strive to be caring, professional and fair
7
8To: Monroe County Board of County Commissioners
9
10Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
11Resources
12
13From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
14
15Date: October 26, 2018
16
17Subject: An Ordinance by the Monroe County Board of County Commissioners amending Policy
18101.3.3 of the Monroe County Year 2030 Comprehensive Plan to allow for the award of
19ROGO allocations to Tier I and III-A for the redevelopment of lawfully existing ROGO
20exempt dwelling units with a replacement affordable dwelling unit. (File 2018-107)
21
22Meeting: November 20, 2018
23
24I. REQUEST
25
26The Monroe County Planning & Environmental Resources Department is proposing a text amendment to
27Comprehensive Plan Policy 101.3.3 to allow for the award of ROGO allocations to Tier I and III-A for
28the redevelopment of lawfully existing ROGO exempt dwelling units with a replacement affordable
29dwelling unit.
30
31
32II. BACKGROUND INFORMATION
33
34On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage occurred
35to the housing stock, particularly in areas with lower cost housing options for members of the local
36workforce. Due to the need to rebuild a substantial number of homes throughout the County, and the
37objective to maintain affordability while rebuilding a resilient housing stock, both private and public
38agencies and property owners are engaged in redevelopment activities that may require or benefit from
39the transfer of market rate ROGO exemptions away from storm-damaged sites, and the award of affordable
40ROGO allocations onto Tier I and III-A designated parcels for the purpose of rebuilding damaged homes.
41The need to replace market rate ROGO exemptions with affordable ROGO allocations, regardless of Tier
42designation, may include, but is not limited to: availability of funding for specific project types and
43locations; opportunities to replace market rate housing with deed restricted affordable housing to maintain
44workforce housing stock; and the potential to leverage market rate ROGO transfers in order to fund efforts
45to reconstruct affordable units. The ability to replace a lawfully established dwelling unit with a deed
46restricted affordable dwelling unit that has secured an affordable ROGO allocation award bolsters efforts
File No. 2018-107 Page 1 of 16
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S.4.a
1to maintain affordability while rebuilding resilient housing stock. Current policies within the
2Comprehensive Plan do not allow for the award of affordable ROGO allocations to Tier I or Tier III-A
3designated parcels. Affordable ROGO allocation awards are currently restricted to land with Tier II and
4III designations.
5
6On April 19, 2018, at the regularly scheduled Board of County Commissioners meeting, the BOCC gave
7direction to staff to process proposed text amendments to the Comprehensive Plan and Land Development
8Code to incentivize the development of affordable housing by allowing the issuance of affordable housing
9ROGO allocations to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units
10with a deed-restricted affordable housing dwelling units.
11
12Community Meeting and Public Participation
13In accordance with LDC Section 102-159(b), a community meeting was held on June 26, 2018 at 5:30
14PM to discuss the proposed Comprehensive Plan and Land Development text amendments, and to provide
15for public participation.
16
17Development Review Committee and Public Input
18At a regular meeting held on July 24, 2018, the Development Review Committee (DRC) considered the
19proposed Comprehensive Plan text amendment and corresponding Land Development text amendment,
20and provided for public comment.
21
22Planning Commission and Public Input
23At a regular meeting held on September 26, 2018, the Planning Commission (PC) recommended approval
24of the proposed text amendment through PC Resolution P29-18 and provided for public comment.
25
26PREVIOUS RELEVANT BOCC ACTION:
27On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016 providing
2833 recommendations to the Board of County Commissioners on the issues included in their charge.
29
30On August 17, 2016, staff presented the Affordable Housing Advisory Committeeadopted Resolution
3101-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support
32and inclusionary housing requirement to cover transient and commercial development as well as
33requested staff to schedule a special meeting to discuss the remaining recommendations.
34
35At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations
36provided by the Affordable Housing Advisory Committee and directed staff to research certain items,
37implement certain items and process amendments to the land development code.
38
39On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe
40County Code Section 139-2 (affordable housing incentive program), as recommended by the Affordable
41Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only
42tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same
43ROGO planning subarea for the development of single family detached dwelling units.
44
45The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key
46West, Florida, directed staff to impose a temporary moratorium upon certain development applications
Attachment: Staff Report - BOCC 11-20-2018 (Comp Plan Amendment Transmittal - Replacement of existing market-rate with affordable ROGO)
File No. 2018-107 Page 2 of 16
Packet Pg. 1979
S.4.a
1proposing to utilize Monroe County Code Section 139-2 (affordable housing incentive program) to
2transfer ROGO exemptions from mobile homes to another location.
3
4The Monroe County Board of County Commissioners adopted Resolution 088-2017, at a regular meeting
5on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary
6moratorium deferring the approval of new private applications or received applications that are not yet
7approved, proposing to utilize Monroe County Code Section 139-2 (Affordable Housing Incentive
8Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to
9another location.
10
11On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017, to defer the approval of
12new private applications or received applications that have not been fully approved utilizing Monroe
13County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from
14mobile homes to another location, or Section 138-22(b) to transfer off-site market rate units to another
15location, commencing March 15, 2017, until the Land Development Code is amended to limit the transfer
16of ROGO exemptions from mobile homes to only Tier III designated platted lots within the Improved
17Subdivision (IS) land use district or the Urban Residential Mobile- Home (URM) land use district and
18within the same ROGO planning subarea for the development of single family detached dwelling units
19and the receiver property shall not be a working waterfront; as recommended of the Affordable Housing
20Advisory Committee and the BOCC; providing for expiration within 365 days of the effective date
21ofthe interim development ordinance or when the land development code amendments become effective,
22whichever comes first. Ordinance 011-2017 is due to expire on October 27, 2018.
23
24At the July 18, 2018 regularly scheduled BOCC meeting in Marathon, the BOCC adopted Resolution
25203-2018 that reduced the scope of interim development Ordinance 011-2017 to allow the transfer of
26market rate ROGO allocations to single family properties with IS or URM zoning only.
27
28The award of an Affordable ROGO allocation under the currently proposed amendment, when combined
29with the transfer of a market rate ROGO allocation, may incentivize the development of affordable
30housing (on redeveloping properties) by allowing the issuance of affordable housing ROGO allocations
31to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units with a deed-
32restricted affordable housing dwelling units and allow the transfer of the market rate ROGO for use
33elsewhere.
34
35
36III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
37
38Proposed Amendment (deletions are stricken through; additions are shown in underlined):
39
40Policy 101.3.3
41Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
42the State of Florida, pursuant to Administration Commission Rules, to affordable housing units
43as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained
44and be made available for affordable housing from ROGO year to ROGO year. Affordable
45housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4
46and the Land Development Code, but shall not be subject to the competitive Residential Permit
Attachment: Staff Report - BOCC 11-20-2018 (Comp Plan Amendment Transmittal - Replacement of existing market-rate with affordable ROGO)
File No. 2018-107 Page 3 of 16
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S.4.a
1Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall
2not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier
3III-A Special Protection Area as set forth in Policy 205.1.1.
4
5Notwithstanding the foregoing, and notwithstanding Policy 101.6.2, affordable housing ROGO
6allocations may be awarded to Tier I or Tier III-A properties which meet all of the following
7criteria:
81. The property contains an existing market rate dwelling unit that meets the criteria in LDC
9Section 138-22(a) and is determined to be exempt from ROGO;
102. The proposed replacement affordable dwelling unit meets current Florida Building Code
11and is not a mobile home;
123. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
13years as affordable housing pursuant to the standards of the Land Development Code; and
144. The proposed site plan for the replacement affordable dwelling unit does not propose any
15additional clearing of habitat.
16
17Policy 101.6.2
18In order to encourage a compact form of residential growth that results in infill development in
19platted, improved subdivisions, the Point System shall be primarily based on the Tier system of
20land classification as set forth under Goal 105. To discourage and limit further growth in Tier I
21designated areas, the annual maximum number of residential permit allocations that may be
22awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas.
23Other criteria and corresponding points are allocated to encourage development to the most
24appropriate locations and discourage development from inappropriate locations.
25
26In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit
27allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This
28provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and
29amended Habitat Conservation Plan (HCP)/Livable CommuniKeys Plan (LCP) to cover the
30properties within CBRS system units in the subarea; as well as an amended FEMA Biological
31Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the
32ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his
33property may be granted an allocation through the ROGO process that may be used once that
34property owner obtains all required permits and authorizations required under the Endangered
35Species Act and other applicable federal and state laws. The allocation will remain valid so long
36as the applicant diligently and in good faith continues to work with USFWS to conclude the
37coordination and pick up a building permit.
38
39The BOCC will be balancing the demonstrated need for affordable and resilient housing while minimizing
40impacts to environmental resources as they consider the proposed amendment. The proposed policy
41language includes criteria for qualifying parcels that seek to minimize any secondary impacts to
42environmental resources.
Attachment: Staff Report - BOCC 11-20-2018 (Comp Plan Amendment Transmittal - Replacement of existing market-rate with affordable ROGO)
File No. 2018-107 Page 4 of 16
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S.4.a
1IV. CONSISTENCY WITH THE MONROE COUNTY 2030 COMPREHENSIVE PLAN, THE
2PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
3
4A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
5County 2030 Comprehensive Plan. Specifically, it furthers:
6
7Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
8safety of County residents and visitors, and protect valuable natural resources.
9
10Objective 101.2: As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and
11Rule 28-20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County
12shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate
13with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has
14been adopted between the County and all the municipalities and the State agencies.
15
16Objective 101.3: Monroe County shall regulate new residential development based upon the finite
17carrying capacity of the natural and man-made systems and the growth capacity while maintaining
18a maximum hurricane evacuation clearance time of 24 hours.
19
20Policy 101.3.3: Monroe County shall allocate at least 20% of the annual allocation, or as may be
21established by the State of Florida, pursuant to Administration Commission Rules, to affordable
22housing units as part of ROGO. Any portion of the allocations not used for affordable housing
23shall be retained and be made available for affordable housing from ROGO year to ROGO year.
24Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy
25601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential
26Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing
27shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier
28III-A Special Protection Area as set forth in Policy 205.1.1.
29
30Policy 101.3.10: Notwithstanding any other provision of the Plan, ROGO allocations utilized for
31affordable housing projects may be pooled and transferred between ROGO subareas, excluding
32the Big Pine/No Name Keys ROGO subarea, and between local government jurisdictions within
33the Florida Keys Area of Critical State Concern (ACSC). Any such transfer between local
34government jurisdictions must be accomplished through an interlocal agreement between the
35sending and receiving local governments.
36
37Policy 101.5.25
38Monroe County hereby adopts the following density and intensity standards for the future land
39use categories, which are shown on the FLUM and described in Policies 101.5.1101.5.20.
40\[F.S. § 163.3177(6)(a)1.\]
41
42
43
44
45
Attachment: Staff Report - BOCC 11-20-2018 (Comp Plan Amendment Transmittal - Replacement of existing market-rate with affordable ROGO)
File No. 2018-107 Page 5 of 16
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S.4.a
Future Land Use Densities and Intensities
(l)
Residential Nonresidential
Minimum
Maximum Net
Open Space
Future Land Use Category and
Maximum
Allocated Density
(a)(b)
(c)
Density
Ratio
(a)
Corresponding Zoning
Intensity
(per buildable
(per upland acre)
(floor area ratio)
acre)
Agriculture/Aquaculture Per
0 du N/A
(d)
(A) 0.25 underlying
0 rooms/spaces N/A
(no directly corresponding zoning) zoning
Airport (AD) 0 du N/A
0.10 0.20
(AD zoning) 0 rooms/spaces N/A
Commercial (COMM) 0 du N/A
0.150.50 0.20
(C1 and C2 zoning) 0 rooms/spaces N/A
Conservation (C) 0 du N/A
0.05 0.90
(CD zoning) 0 rooms/spaces N/A
(d)
Education (E) 0 du N/A Per underlying
0.30
(no directly corresponding zoning) 0 rooms/spaces N/A zoning
Industrial (I) 1 du 2 du
0.250.60 0.20
(I and MI zoning) 0 rooms/spaces N/A
(d)
Institutional (INS) 0 du N/A Per underlying
0.30
(no directly corresponding zoning) 15 rooms/spaces 24 rooms/spaces zoning
Mainland Native (MN) 0.01 du N/A
0.950.99
(e)
(MN zoning) 2 spaces N/A 0.03
Military (M) 6 du 12 du
0.300.50 0.20
(MF zoning) 10 rooms/spaces 20 rooms/spaces
1 du
(DR, MU, MI) 2 du (MI)
0.100.45
(k)
3 du (SC) 6-18 du (SC)
(SC, UC, DR,
6 du (UC) 12 du (UC)
Mixed Use/Commercial MU)
(k)
Commercial 1218 du (MU)
(f)(g)
(MC)
Apartments 18 du (DR)
(SC, UC, DR, RV, MU and MI zoning) <2,500 SF (RV)
(h)
(RV) 0.20
1025
0.300.60 (MI)
515 rooms/spaces
rooms/spaces
1 du
12 du (CFA,
(i)
(CFSD-20)
CFSD)
3 du (CFA, all
(f)
Mixed Use/Commercial Fishing (MCF)
other CFSD)
(CFA, CFV, CFSD zoning) N/A (CFV)
1 du/lot (CFV) 0.250.40 0.20
N/A
0 rooms/spaces
(d)
Preservation (P) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00
Public Buildings/Lands 0 du N/A
Per underlying
(d)
(PB) 0.30
zoning
(no directly corresponding zoning) 0 rooms/spaces N/A
(d)
Public Facilities (PF) 0 du N/A Per underlying
0.30
(no directly corresponding zoning) 0 rooms/spaces N/A zoning
Recreation (R) 0 du N/A
0.20 0.90
(PR zoning) 2 rooms/spaces N/A
Attachment: Staff Report - BOCC 11-20-2018 (Comp Plan Amendment Transmittal - Replacement of existing market-rate with affordable ROGO)
File No. 2018-107 Page 6 of 16
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S.4.a
00.10 du (OS)
Residential Conservation (RC) N/A
0.25 du (NA) 00.20 0.95
(OS and NA zoning) N/A
0 rooms/spaces
3 du (SR-L)
0.50 du 5 du (SR)
or 0.50 (SR, SR-
Residential Low (RL)
(m)
1 du/lot (SR) 0.25 L)
(SS, SR, and SR-L zoning)
N/A (SS) 0.80 (SS)
0 rooms/spaces
N/A
1 du/lot (IS, IS-V, N/A
Residential Medium (RM) IS-M)
(j)
(IS, IS-V, IS-M and IS-D zoning) 2 du/lot (IS-D)
0 rooms/spaces N/A 0 0.20
6 du (UR)
(k)
1225 du (UR)
1du/lot (URM,
N/A (IS-D, URM,
URM-L)
Residential High (RH) URM-L)
2 du/lot (IS-D)
(j)
(IS-D , URM, URM-L and UR zoning)
020 0 0.20
010
rooms/spaces
rooms/spaces
Notes:
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density
without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres
means the portion of a parcel of land that is developable and is not required open space.
(c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most
restrictive requirement shall apply.
(d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public
Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing
zoning districts as appropriate.
(e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be
permitted for educational, research or sanitary purposes.
(f) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and
Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future
land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat
building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property,
adjacent to the shoreline, pursuant to Policy 101.5.6.
(h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or
in existence on the site, whichever is less.
(i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1
dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net
density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential
uses and intensity (i.e., density and intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future
land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
Attachment: Staff Report - BOCC 11-20-2018 (Comp Plan Amendment Transmittal - Replacement of existing market-rate with affordable ROGO)
File No. 2018-107 Page 7 of 16
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S.4.a
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable
acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units.
For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project
with a maximum net density not exceeding 18 du/buildable acre.
(l) Vessels, including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count
when calculating density.
(m) Within the Residential Low future land use category, the maximum net density for platted lots of less than 0.40
gross acres within the SR zoning district shall be 1 dwelling unit per platted lot, provided all of the following
conditions are met:
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January
2, 1996;
2) The platted lot may not be identified for any other use or purpose on the plat (e.g., "park," "common area," etc.);
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2, the maximum net density may only be reached with the transfer of one (1) full
TDR to the SR lot, regardless of the size of the lot and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land
Development Code;
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
7) The subject parcel must comply with
Policy 301.2.5 regarding legal access.
1
2Policy 101.6.2
3In order to encourage a compact form of residential growth that results in infill development in
4platted, improved subdivisions, the Point System shall be primarily based on the Tier system of
5land classification as set forth under Goal 105. To discourage and limit further growth in Tier I
6designated areas, the annual maximum number of residential permit allocations that may be
7awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas.
8Other criteria and corresponding points are allocated to encourage development to the most
9appropriate locations and discourage development from inappropriate locations.
10
11In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit
12allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This
13provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and
14amended Habitat Conservation Plan (HCP)/Livable CommuniKeys Plan (LCP) to cover the
15properties within CBRS system units in the subarea; as well as an amended FEMA Biological
16Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the
17ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his
18property may be granted an allocation through the ROGO process that may be used once that
19property owner obtains all required permits and authorizations required under the Endangered
20Species Act and other applicable federal and state laws. The allocation will remain valid so long
21as the applicant diligently and in good faith continues to work with USFWS to conclude the
22coordination and pick up a building permit.
23
24Policy 101.6.3
25In order to encourage a compact form of nonresidential growth, the Point System shall be primarily
26based on the Tier system of land classification as set forth under Goal 105. To discourage and limit
27further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new
28nonresidential development primarily to areas designated as Tier III under Goal 105, not areas
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1designated as a Special Protection Area (Tier III-A) and provide incentives for redevelopment of
2existing developed and vacant infill sites. Other criteria and corresponding points are available to
3encourage development to the most appropriate locations and discourage development from
4inappropriate locations. (See Policy 101.4.1.)
5
6Policy 101.6.8
7Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, that allows for
8the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces
9and/or mobile homes to another site in the same ROGO subarea, provided that they are
10lawfully existing and can be accounted for in the County's hurricane evacuation model.
11Dwelling units may be transferred as follows:
12a. between sites in the Upper Keys ROGO subarea;
13b. between sites in the Lower Keys ROGO subarea;
14c. between sites in the Big Pine Key and No Name Key ROGO subarea;
15i. units from the Big Pine Key and No Name Key ROGO subarea may also be
16transferred to the Lower Keys ROGO subarea.
17
18No sender units may be transferred to an area where there are inadequate facilities and
19services.
20
21Sender Site Criteria:
221. Contains a documented lawfully-established sender unit recognized by the County; and
232. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's
24Military Installation Area of Impact (MIAI) Overlay.
25
26Receiver Site Criteria:
271. The Future Land Use category and Land Use (Zoning) District must allow the requested
28use;
292. Must meet the adopted density standards;
303. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
31wastewater meeting adopted LOS, paved roads, etc.);
324. Located within a Tier III designated area; and
335. Structures are not located in a velocity (V) zone or within a CBRS unit.
34
35Policy 101.13.2
36The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not
37exceed the maximum densities established in this Plan. TDRs may be utilized to attain the density
38between the allocated density standard up to the maximum net density standard. Deed restricted
39affordable dwelling units may be developed up to the maximum net density without the use of
40TDRs. The assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other
41areas of the County shall be prohibited.
42
43
44
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1Policy 105.1.5
2Monroe County shall maintain a residential permit allocation system that directs the
3preponderance of future residential development to areas designated as Tier III in accordance
4with Policy 105.6.4.
5Objective 105.2
6Monroe County shall maintain, with assistance of the state and federal governments, a 20-year
7Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire
8development rights on privately-owned vacant lands to limit further sprawl and equitably balance
9the rights of property owners with the long-term sustainability of the Keys man-made and natural
10systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes
11the finite limits of the carrying capacity of the natural and man-made systems in the Florida Keys
12to continually accommodate further development and the need for the significant expansion of the
13public acquisition of vacant developable lands and development rights to equitably balance the
14rights and expectations of property owners. This includes the recognition that Monroe County must
15ensure public safety through the ability to maintain a 24-hour hurricane evacuation clearance time.
16
17Policy 105.2.1
18Monroe County shall designate all lands outside of mainland Monroe County, except for the
19Ocean Reef planned development, into three general categories for purposes of its Land
20Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
21205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area
22(Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes,
23general characteristics, and growth management approaches associated with each tier are as
24follows:
251. Natural Area (Tier I): Any defined geographic area where all or a significant portion of
26the land area is characterized as environmentally sensitive by the policies of this Plan
27and applicable habitat conservation plan, is to be designated as a Natural Area. New
28development on vacant land is to be severely restricted and privately owned vacant lands
29are to be acquired or development rights retired for resource conservation and passive
30recreation purposes. However, this does not preclude provisions of infrastructure for
31existing development. Within the Natural Area designation are typically found lands
32within the acquisition boundaries of federal and state resource conservation and park
33areas, including isolated platted subdivisions; and privately-owned vacant lands with
34sensitive environmental features outside these acquisition areas.
35
362. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big
37Pine Key and No Name Key, where scattered groups and fragments of environmentally
38sensitive lands, as defined by this Plan, may be found and where existing platted
39subdivisions are not predominately developed, not served by complete infrastructure
40facilities, or not within close proximity to established commercial areas, is to be
41designated as a Transition and Sprawl Reduction Area. New development is to be
42discouraged and privately owned vacant lands acquired or development rights retired to
43reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent
44further encroachment on sensitive natural resources. Within a Transition and Sprawl
45Reduction Area are typically found: scattered small nonresidential development and
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1platted subdivisions with less than 50 percent of the lots developed; incomplete
2infrastructure in terms of paved roads, potable water, or electricity; and scattered
3clusters of environmentally sensitive lands, some of which are within or in close
4proximity to existing platted subdivisions.
5
63. Infill Area (Tier III): Any defined geographic area, where a significant portion of land
7area is not characterized as environmentally sensitive as defined by this Plan, except for
8dispersed and isolated fragments of environmentally sensitive lands of less than four
9acres in area, where existing platted subdivisions are substantially developed, served by
10complete infrastructure facilities, and within close proximity to established commercial
11areas, or where a concentration of nonresidential uses exists, is to be designated as an
12Infill Area. New development and redevelopment are to be highly encouraged, except
13within tropical hardwood hammock or pineland patches of an acre or more in area,
14where development is to be discouraged. Within an Infill Area are typically found:
15platted subdivisions with 50 percent or more developed lots situated in areas with few
16sensitive environmental features; full range of available public infrastructure in terms
17of paved roads, potable water, and electricity; and concentrations of commercial and
18other nonresidential uses within close proximity. In some Infill Areas, a mix of
19nonresidential and high-density residential uses (generally 8 units or more per acre) may
20also be found that form a Community Center.
21
22Policy 205.1.1
23The County shall establish the following criteria, at a minimum, to use when designating Tiers:
24\[F.S. § 163.3177(6)d.2.d., h.\]
251. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based
26on following criteria:
27 Natural areas including old and new growth upland native vegetated areas, above 4 acres
28in area.
29 Vacant land which can be restored to connect upland native habitat patches and reduce
30further fragmentation of upland native habitat.
31 Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by
32appropriate special species studies, between natural areas and development to reduce
33secondary impacts; canals or roadways, depending on size may form a boundary that
34removes the need for the buffer or reduces its depth.
35 Lands designated for acquisition by public agencies for conservation and natural resource
36protection.
37 Known locations of threatened and endangered species.
38 Lands designated as Conservation and Residential Conservation on the Future Land Use
39Map or within a buffer/restoration area as appropriate.
40 Areas with minimal existing development and infrastructure.
412. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
42accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation
43Plan for those islands.
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13. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
2shall be designated Tier III.
34. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
4hardwood hammock or pinelands of one acre or greater in area shall be designated as
5Special Protection Areas.
65. Lands within the Ocean Reef planned development shall be excluded from any Tier
7designation.
8
9GOAL 601: Monroe County shall adopt programs and policies to facilitate access by residents to
10adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
11needs of the population based on type, tenure characteristics, unit size and individual preferences.
12
13Policy 601.1.4: All affordable housing projects which receive development benefits from Monroe
14County, including but not limited to ROGO allocation award(s) reserved for affordable housing,
15maximum net density, or donations of land, shall be required to maintain the project as affordable
16for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land
17Development Code, and administered by Monroe County or the Monroe County Housing
18Authority.
19
20Policy 601.1.8: Monroe County shall allocate at least 20% of the annual ROGO allocation, or as
21may be established by the State of Florida, pursuant to Administration Commission Rules, to
22affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for this
23separate allocation must meet the criteria established in the Land Development Code.
24
25Policy 601.1.9: Monroe County shall maintain land development regulations which may include
26density bonuses, impact fee waiver programs, and other possible regulations to encourage
27affordable housing
28
29Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of
30various types, sizes and price ranges to meet the demands of current and future residents
31
32Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard
33housing and to preserve, conserve and enhance the existing housing stock, including historic
34structures and sites.
35
36Policy 601.3.1:
37Monroe County shall coordinate with other County agencies to monitor housing conditions.
38Standards for evaluation of the structural condition of the housing stock are summarized below:
39Sound: Most housing units in this category are in good condition and have no visible defects.
40However, some structures with slight defects are also included.
41
42Deteriorating: A housing unit in this category needs more repair than would be provided in the
43course of regular maintenance, such as repainting. A housing unit is classified as deteriorating
44when its deficiencies indicate a lack of proper upkeep.
45
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1Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer
2provide safe and adequate shelter or is of inadequate original construction including being
3odplain
4Regulations.
5
6Policy 601.3.2: The County Code Compliance Office and Building Department will enforce
7building code regulations and County ordinances governing the structural condition of the housing
8stock, to ensure the provision of safe, decent and sanitary housing and stabilization of residential
9neighborhoods.
10
11B. The amendment is consistent with the Principles for Guiding Development for the Florida
12Keys Area, Section 380.0552(7), Florida Statutes.
13
14For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
15with the principles for guiding development and any amendments to the principles, the principles
16shall be construed as a whole and no specific provision shall be construed or applied in isolation
17from the other provisions.
18(a) Strengthening local government capabilities for managing land use and development so that local
19 government is able to achieve these objectives without continuing the area of critical state concern
20 designation.
21(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
22 wetlands, fish and wildlife, and their habitat.
23(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
24 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
25 their habitat.
26(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
27 development.
28(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
29(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
30 ensuring that development is compatible with the unique historic character of the Florida Keys.
31(g) Protecting the historical heritage of the Florida Keys.
32(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
33 public investments, including:
34 1. The Florida Keys Aqueduct and water supply facilities;
35 2. Sewage collection, treatment, and disposal facilities;
36 3. Solid waste treatment, collection, and disposal facilities;
37 4. Key West Naval Air Station and other military facilities;
38 5. Transportation facilities;
39 6. Federal parks, wildlife refuges, and marine sanctuaries;
40 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
41 8. City electric service and the Florida Keys Electric Co-op; and
42 9. Other utilities, as appropriate.
43(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
44 replacement of stormwater management facilities; central sewage collection; treatment and disposal
45 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
46 disposal systems.
47(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
48 wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as
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1 applicable, and by directing growth to areas served by central wastewater treatment facilities through
2 permit allocation systems.
3(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
4(l) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
5(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
6 or manmade disaster and for a postdisaster reconstruction plan.
7(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
8 Florida Keys as a unique Florida resource.
9
10Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with
11the Principles for Guiding Development as a whole.
12
13C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
14Specifically, the amendment furthers:
15
16163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve
17and enhance present advantages; encourage the most appropriate use of land, water, and
18resources, consistent with the public interest; overcome present handicaps; and deal effectively
19with future problems that may result from the use and development of land within their
20jurisdictions. Through the process of comprehensive planning, it is intended that units of local
21government can preserve, promote, protect, and improve the public health, safety, comfort,
22good order, appearance, convenience, law enforcement and fire prevention, and general
23welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
24schools, parks, recreational facilities, housing, and other requirements and services; and
25conserve, develop, utilize, and protect natural resources within their jurisdictions.
26
27163.3161(6), F.S. It is the intent of this act that adopted comprehensive plans shall have the legal
28status set out in this act and that no public or private development shall be permitted except in
29conformity with comprehensive plans, or elements or portions thereof, prepared and adopted
30in conformity with this act.
31
32163.3177(1), F.S. The comprehensive plan shall provide the principles, guidelines, standards,
33and strategies for the orderly and balanced future economic, social, physical, environmental,
34and fiscal development of the area that reflects community commitments to implement the plan
35and its elements. These principles and strategies shall guide future decisions in a consistent
36manner and shall contain programs and activities to ensure comprehensive plans are
37implemented. The sections of the comprehensive plan containing the principles and strategies,
38
39programs, activities, and land development regulations will be initiated, modified, or continued
40to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
41require the inclusion of implementing regulations in the comprehensive plan but rather to
42require identification of those programs, activities, and land development regulations that will
43be part of the strategy for implementing the comprehensive plan and the principles that
44describe how the programs, activities, and land development regulations will be carried out.
45The plan shall establish meaningful and predictable standards for the use and development of
46land and provide meaningful guidelines for the content of more detailed land development and
47use regulations.
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1
2163.3177 (6)(f) , F.S.
3
41. A housing element consisting of principles, guidelines, standards, and strategies to be
5followed in:
6a. The provision of housing for all current and anticipated future residents of the
7jurisdiction.
8b. The elimination of substandard dwelling conditions.
9c. The structural and aesthetic improvement of existing housing.
10d. The provision of adequate sites for future housing, including affordable workforce
1
11housing as defined in s. 380.0651(3)(h), housing for low-income, very low-income, and
12moderate-income families, mobile homes, and group home facilities and foster care
13facilities, with supporting infrastructure and public facilities. The element may include
14provisions that specifically address affordable housing for persons 60 years of age or
15older. Real property that is conveyed to a local government for affordable housing under
16this sub-subparagraph shall be disposed of by the local government pursuant to s.
17125.379 or s. 166.0451.
18e. Provision for relocation housing and identification of historically significant and
19other housing for purposes of conservation, rehabilitation, or replacement.
20f. The formulation of housing implementation programs.
21g. The creation or preservation of affordable housing to minimize the need for
22additional local services and avoid the concentration of affordable housing units only in
23specific areas of the jurisdiction.
242. The principles, guidelines, standards, and strategies of the housing element must be
25based on data and analysis prepared on housing needs, which shall include the number and
26distribution of dwelling units by type, tenure, age, rent, value, monthly cost of owner-
27occupied units, and rent or cost to income ratio, and shall show the number of dwelling units
28that are substandard. The data and analysis shall also include the methodology used to
29estimate the condition of housing, a projection of the anticipated number of households by
30size, income range, and age of residents derived from the population projections, and the
31minimum housing need of the current and anticipated future residents of the jurisdiction.
323. The housing element must express principles, guidelines, standards, and strategies that
33reflect, as needed, the creation and preservation of affordable housing for all current and
34anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
35adequate sites, and distribution of housing for a range of incomes and types, including mobile
36and manufactured homes. The element must provide for specific programs and actions to
37partner with private and nonprofit sectors to address housing needs in the jurisdiction,
38streamline the permitting process, and minimize costs and delays for affordable housing,
39establish standards to address the quality of housing, stabilization of neighborhoods, and
40identification and improvement of historically significant housing.
414. State and federal housing plans prepared on behalf of the local government must be
42consistent with the goals, objectives, and policies of the housing element. Local governments
43are encouraged to use job training, job creation, and economic solutions to address a portion
44of their affordable housing concerns.
45
46
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1163.3201, F.S. Relationship of comprehensive plan to exercise of land development regulatory
2authority.It is the intent of this act that adopted comprehensive plans or elements thereof
3shall be implemented, in part, by the adoption and enforcement of appropriate local regulations
4on the development of lands and waters within an area. It is the intent of this act that the
5adoption and enforcement by a governing body of regulations for the development of land or
6the adoption and enforcement by a governing body of a land development code for an area
7shall be based on, be related to, and be a means of implementation for an adopted
8comprehensive plan as required by this act.
9
10
11V. PROCESS
12
13Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
14Planning Commission, the Director of Planning, or the owner or other person having a contractual
15interest in property to be affected by a proposed amendment. The Director of Planning shall review
16and process applications as they are received and pass them onto the Development Review Committee
17and the Planning Commission.
18
19The Planning Commission shall hold at least one public hearing. The Planning Commission shall
20review the application, the reports and recommendations of the Department of Planning &
21Environmental Resources and the Development Review Committee and the testimony given at the
22public hearing. The Planning Commission shall submit its recommendations and findings to the Board
23of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of
24the proposed comprehensive plan amendment, and considers the staff report, staff recommendation,
25and the testimony given at the public hearing. The BOCC may or may not recommend transmittal to
26the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency, which
27then reviews the proposal and issues an Objections, Recommendations and Comments (ORC) Report.
28Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the
29amendments with changes or not adopt the amendment.
30
31
32VI. STAFF RECOMMENDATION
33
34Staff recommends approval of the proposed amendment.
35
36
37
38VII. EXHIBITS
39
401. PC Resolution P29-18
412. Ordinance
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1
2
3
4
5
6
7MONROE COUNTY, FLORIDA
8MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9ORDINANCE NO. __ -201_
10
11AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12COUNTY COMMISSIONERS AMENDING POLICY 101.3.3 OF
13THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN
14TO ALLOW FOR THE AWARD OF AFFORDABLE ROGO
15ALLOCATIONS TO TIER I AND III-A FOR THE
16REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT
17MARKET RATE DWELLING UNITS WITH A REPLACEMENT
18AFFORDABLE DWELLING UNIT; PROVIDING FOR
19SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING
20PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
21LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
22PROVIDING FOR INCLUSION IN THE MONROE COUNTY
23COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
24DATE.
25(FILE #2018-107)
26
27
28
29
30WHEREAS, on April 19, 2018, at the regularly scheduled Board of County
31Commissioners meeting, the BOCC gave direction to staff to process proposed text amendments
32to the Comprehensive Plan and Land Development Code to incentivize the development of
33affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and
34Tier III-A designated parcels in order to replace market rate dwelling units with deed-restricted
35affordable housing dwelling units; and
36
37WHEREAS, the Monroe County Development Review Committee (DRC) considered the
th
38proposed amendments at a regularly scheduled meeting held on the 24day of July, 2018; and
39
40WHEREAS, staff is recommending approval of the proposed amendments to
41Comprehensive Plan Policy 101.3.3 to allow for the award of affordable allocations to Tier I and
42Tier III-A for the redevelopment of lawfully existing ROGO exempt market rate dwelling units
43with a replacement affordable dwelling unit when certain criteria is met; and
Ord. ____-201_ Page 1 of 4
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S.4.d
th
1WHEREAS, the Monroe County Planning Commission held a public hearing on the 26
2day of September, 2018, for review and recommendation on the proposed Comprehensive Plan
3text amendment; and
4
5WHEREAS, the Planning Commission was presented with the following documents and
6other information relevant to the request, which by reference is hereby incorporated as part of the
7record of said hearing:
8
91. Staff report prepared by Cheryl Cioffari, AICP, Comprehensive Planning Manager,
10September 12, 2018;
112. Sworn testimony of Monroe County Planning & Environmental Resources
12Department staff; and
133. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
14Planning Commission Counsel.
15
16WHEREAS, based on discussion and public input at the hearing, the PC recommended
17revisions to the proposed amendment, to include language that if multiple redevelopments occur
18at the same time, then the income categories of the affordable housing allocations provided would
19be consistent with the ratio of the allocations available in the affordable housing allocation pool at
20that time \[moderate vs. very low, low and median\]; and
21
22WHEREAS, based upon the information and documentation submitted, the Planning
23Commission makes the following Findings of Fact and Conclusions of Law:
24
251. The proposed amendment is consistent with the Goals, Objectives and Policies of the
26Monroe County Year 2030 Comprehensive Plan; and
272. The proposed amendment is consistent with the Principles for Guiding Development
28for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
293. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
30
31WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-18
32recommending approval of the proposed amendment; and
33
th
34WHEREAS, at a regular meeting held on the 20 day of November 2018, the Monroe
35County Board of County Commissioners held a public hearing to consider the transmittal of the
36proposed text amendment, considered the staff report and provided for public comment and public
37participation in accordance with the requirements of state law and the procedures adopted for
38public participation in the planning process; and
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S.4.d
1WHEREAS, at the November 20, 2018, public hearing, the BOCC adopted Resolution
2____-201___, ______________ transmittal of the proposed text amendment to the State Land
3Planning Agency; and
4
5WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
6Objections, Recommendations and Comments (ORC) report, received by the County on
7________________; and
8
9WHEREAS, the ORC report _____________________________; and
10
11WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
12proposed amendment, adopt the amendment with changes or not adopt the amendment; and
13
th
14WHEREAS, at a regularly scheduled meeting on the __ day of ______, 201_, the BOCC
15held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
16
17NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
18COMMISSIONERS OF MONROE COUNTY, FLORIDA:
19Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
20as follows (Deletions are shown stricken through; additions are shown underlined):
21
22Policy 101.3.3
23Monroe County shall allocate at least 20% of the annual allocation, or as may be
24established by the State of Florida, pursuant to Administration Commission Rules, to
25affordable housing units as part of ROGO. Any portion of the allocations not used for
26affordable housing shall be retained and be made available for affordable housing from
27ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall
28meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall
29not be subject to the competitive Residential Permit Allocation and Point System in
30Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within
31an area designated as Tier I as set forth under Goal 105 or within a Tier III-A Special
32Protection Area as set forth in Policy 205.1.1.
33
34Notwithstanding the foregoing, and notwithstanding Policy 101.6.2, affordable housing
35ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
36the following criteria:
371. The property contains an existing market rate dwelling unit that meets the criteria
38in LDC Section 138-22(a) and is determined to be exempt from ROGO;
392. The proposed replacement affordable dwelling unit meets current Florida Building
40Code and is not a mobile home;
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S.4.d
13. The proposed replacement dwelling unit shall be deed restricted for a period of at
2least 99 years as affordable housing pursuant to the standards of the Land
3Development Code; and
44. The proposed site plan for the replacement affordable dwelling unit does not
5propose any additional clearing of habitat.
6
7Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
8provision of this ordinance is held invalid, the remainder of this ordinance shall not
9be affected by such validity.
10
11Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
12conflict with this ordinance are hereby repealed to the extent of said conflict.
13
14Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to the
15State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
16
17Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
18Secretary of the State of Florida but shall not become effective until a notice is
19issued by the State Land Planning Agency or Administration Commission finding
20the amendment in compliance with Chapter 163, Florida Statutes and after any
21applicable challenges have been resolved.
22
23Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
24in the Monroe County Comprehensive Plan. The numbering of the foregoing
25amendment may be renumbered to conform to the numbering in the Monroe County
26Comprehensive Plan.
27
28Mayor David Rice, District 4 ________
29 Mayor Pro Tem Sylvia J. Murphy, District 5 ________
30 Danny L. Kolhage, District 1 ________
31 , District 2 ________
32Heather Carruthers, District 3 ________
33
34
35Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
36 OF MONROE COUNTY, FLORIDA
37______________________
38Deputy Clerk By: ____________________________
39 Mayor David Rice
40(SEAL)
41
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