Resolution 413-2018 4 t
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8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 413 - 2018
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13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
15 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
16 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
17 POLICY 101.3.3 OF THE MONROE COUNTY YEAR 2030
18 COMPREHENSIVE PLAN TO ALLOW FOR THE AWARD OF
19 ROGO ALLOCATIONS TO TIER I AND III-A FOR THE
20 REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT
21 MARKET RATE DWELLING UNITS WITH A REPLACEMENT
22 AFFORDABLE DWELLING UNIT; PROVIDING FOR
23 SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING
24 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
25 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
26 STATE; PROVIDING FOR INCLUSION IN THE MONROE
27 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
28 EFFECTIVE DATE. (FILE#2018-107)
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31 WHEREAS, the Monroe County Board of County Commissioners conducted a public
32 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
33 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
34 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
35 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
36 Year 2030 Comprehensive Plan as described above; and
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38 WHEREAS, the Monroe County Planning Commission and the Monroe County Board
39 of County Commissioners support the requested text amendment;
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41 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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44 Section 1. The Board of County Commissioners does hereby adopt the recommendation of
45 the Planning Commission to transmit the draft ordinance, attached as Exhibit A,
46 for adoption of the proposed text amendment.
Resolution No. 413-2018 Page 1 of 2
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48 Section 2. The Board of County Commissioners does hereby transmit the proposed
49 amendment to the State Land Planning Agency for review and comment in
50 accordance with the State Coordinated Review process pursuant to Section
51 163.3184(4),Florida Statutes.
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53 Section 3. The Monroe County staff is given authority to prepare and submit the required
54 transmittal letter and supporting documents for the proposed amendment in
55 accordance with the requirements of Section 163.3184(4),Florida Statutes.
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57 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
58 resolution to the Director of Planning. -
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60 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
61 Florida, at a regular meeting of the Board held on the 20th day of November , 2018.
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64 Mayor Sylvia J. Murphy Yes
65 Mayor Pro Tern Danny L. Kolhage Yes
66 Commissioner Michelle Coldiron Yes
67 Commissioner Heather Carruthers Yes
68 Commissioner David Rice Yes
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71 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
72 r, r ,.,,, OF MONR y CO ,FLORIDA
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74' MAift§ •lerk, :. By:
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8TCVEN T. WILLIAMS
STANTQO�Ilf�,TY ATTORNEY
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Resolution No.413 -2018 Page 2 of 2
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Exhibit A
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7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -201
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING`'POLI Y 101.3.3 OF
13 THE MONROE COUNTY YEAR 2030`'COMPREHENSIVE PLAN
14 TO ALLOW FOR THE AWARD-,OF'/AFFORDABLE ROGO
15 ALLOCATIONS TO TIER . I AND HI=A,' ,FOR THE
16 REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT
17 MARKET RATE DWELLING ryUNITS WITH A REPLACEMENT
18 AFFORDABLE DWELLING .U'NIT, ,.PROVIDING.N FOR
19 SEVERABILITY, PROVIDING FOR REPEAL/OF CONFLICTING
20 PROVISIONS;PROVIDING.FOR TRANSMITTAL TO THE STATE
21 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
22 PROVIDING FOR INCLUSION 'IN THE`V:MONROE COUNTY
23 COMPREHEN SI VE PLAN.; \PROVIDING FOR AN EFFECTIVE
24 DATE. - �
25 (FILE#2018-107)26
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29
30 WHEREAS, on ~April 9, 2018, at- '.the regularly scheduled Board of County
31 Commissioners meeting, the BOCC gave,direction to staff to process proposed text amendments32 to the Comprehensive Plan 'an4 Land'''De',velopment Code to incentivize the development of
33 affordable housing by allowing the\issuance of affordable housing ROGO allocations to Tier I and
34 Tier III-A designated-parcels in order to replace market rate dwelling units with deed-restricted
35 affordable housing dwelling,units, and
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37 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
38 proposed amendments at a regularly scheduled meeting held on the 24th day of July, 2018; and
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40 WHEREAS, staff is recommending approval of the proposed amendments to
41 Comprehensive Plan Policy 101.3.3 to allow for the award of affordable allocations to Tier I and
42 Tier III-A for the redevelopment Of lawfully existing ROGO exempt market rate dwelling units
43 with a replacement affordable dwelling unit when certain criteria is met; and
Ord. -201_ Page 1 of 4
File 2018-107
1 WHEREAS, the Monroe County Planning Commission held a public hearing on the 26th
2 day of September, 2018, for review and recommendation on the proposed Comprehensive Plan
3 text amendment; and
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5 WHEREAS, the Planning Commission was presented with the following documents and
6 other information relevant to the request, which by reference is hereby incorporated as part of the
7 record of said hearing:
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9 1. Staff report prepared by Cheryl Cioffari, AICP, Comprehensive Planning Manager,
10 September 12, 2018;
11 2. Sworn testimony of Monroe County Planning"&Environmental Resources
12 Department staff; and
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13 3. Advice and counsel of Steve Williams,"Assistant County Attorney, and John Wolfe,
14 Planning Commission Counsel.
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16 WHEREAS, based on discussion and public input,at the hearing, the PC recommended
17 revisions to the proposed amendment, to,include language that if multiple redevelopments occur
18 at the same time,then the income categories of the affordable housing allocations provided would
19 be consistent with the ratio of the allocations available in the,affordable housing allocation pool at
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20 that time [moderate vs. very low, low and,median]; arid
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22 WHEREAS, based upon the information and documentation submitted, the Planning
23 Commission makes the,following Findings of Fact and Conclusions of Law:
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25 1.-;:The.proposed amendment is consistent with the Goals, Objectives and Policies of the
26 Monroe County Year,203.0 Comprehensive Plan; and
27 2>.., The proposed amendment is`consistent with the Principles for Guiding Development
28 ) for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
29 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
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31 WHEREAS, the.Monroe''County Planning Commission adopted Resolution No. P29-18
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32 recommending approval of the proposed amendment; and
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34 WHEREAS, at a regular meeting held on the 20th day of November 2018, the Monroe
35 County Board of County Commissioners held a public hearing to consider the transmittal of the
36 proposed text amendment, considered the staff report and provided for public comment and public
37 participation in accordance with the requirements of state law and the procedures adopted for
38 public participation in the planning process; and
Ord. -201_ Page 2 of 4
File 2018-107
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1 WHEREAS, at the November 20, 2018, public hearing, the BOCC adopted Resolution
2 -201 , transmittal of the proposed text amendment to the State Land
3 Planning Agency; and
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5 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
6 Objections, Recommendations and Comments (ORC) report, received by the County on
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9 WHEREAS,the ORC report ; and
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11 WHEREAS, the County has 180 4ys from the date of receipt of the ORC to adopt the
12 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
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14 WHEREAS, at a regularly scheduled meeting on the_th day or ,201_,the BOCC
15 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
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17 NOW, THEREFORE, BE IT -ORDAINED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
19 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
20 as follows(Deletions are shown stricken through; additions are shown underlined):
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22 Policy 101.3..3
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23 Monroe County shall allocate at least_20% of the annual allocation, or as may be
24 established by the State of Florida, pursuant to Administration Commission Rules, to
25 affordable housing units"as;part_of-ROGO. Any portion of the allocations not used for
26 affordable housing shall be retained and•.be made available for affordable housing from
27 ,,.RQGO year to ROGO year. Affordable.housing eligible for this separate allocation shall
28 Ineetthe criteria Specified in Policy 601.1.4 and the Land Development Code, but shall
29 not.be subject to the;competitive-Residential Permit Allocation and Point System in
30 Policy'101..6.4. Any parcel proposed for affordable housing shall not be located within
31 an area designated as Tier\I as set forth under Goal 105 or within a Tier III-A Special
32 Protection Area.,as set forth in Policy 205.1.1.
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34 Notwithstanding the:foregoing, and notwithstanding Policy 101.6.2, affordable housing
35 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
36 the following criteria:
37 1. The property contains an existing market rate dwelling unit that meets the criteria
38 in LDC Section 138-22(a) and is determined to be exempt from ROGO;
39 2. The proposed replacement affordable dwelling unit meets current Florida Building
40 Code and is not a mobile home;
Ord. -201_ Page 3 of 4
File 2018-107
1 3. The proposed replacement dwelling unit shall be deed restricted for a period of at
2 least 99 years as affordable housing pursuant to the standards of the Land
3 Development Code; and
4 4. The proposed site plan'•for the replacement affordable dwelling unit does not
5 propose any additional clearing of habitat.
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7 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
8 provision of this ordinance is held invalid,the remainder of this ordinance shall not
9 be affected by such validity.
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11 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
12 conflict with this ordinance are hereby repealed--to the extent of said conflict.
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14 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
15 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
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17 Section 5. Filing and Effective Date. This ordinance shall be filed in the, Office of the
18 Secretary of the State of Florida but shall riot become effective until a notice is
19 issued by the State Land Planning Agency or'.Administration Commission finding
20 the amendment in compliance with Chapter 163,''Florida Statutes and after any
21 applicable challenges have been resolved.
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23 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
24 in the Monroe County Comprehensive Plan. The numbering of the foregoing
25 amendment may be renumbered to conform to the numbering in the Monroe County
26 . Comprehensive Plan..
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28 Mayor David Ric District 4
29 Mayor Prdjem Sylvia J. Murphy, District 5
30 Danny L. Kblhage, District 1
31 i , District 2
32 Heather Carruthers, District 3
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35 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
36 OF MONROE COUNTY, FLORIDA
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38 Deputy Clerk By:
39 Mayor David Rice
40 (SEAL)
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Ord. -201_ Page 4 of 4
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