Item B2 I
qOr, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys Mayor Pro Tern Danny Kolhage,District 1
Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 5
County Commission Meeting
January 30, 2019
Agenda Item Number: B.2
Agenda Item Summary #5158
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
No
AGENDA ITEM WORDING: Discussion and direction regarding the initiative by the State of
Florida Administrative Commission to be administered through the Department of Economic
Opportunity (DEO) for the Keys Workforce Housing Initiative to allow up to 1300 additional
affordable housing allocations (up to 300 for unincorporated Monroe County) in Rate of Growth
Ordinance Allocations (ROGO) for rental workforce housing, with a condition that developments
that receive these ROGO allocations have a rental management agreement in place that requires
rental occupants to evacuate in the early phase (48 hours in advance of tropical storm winds reaching
the shore of the Florida Keys) of a hurricane evacuation. Currently transient units (hotels) and
mobile home occupants are required to evacuate in the early phase of evacuation.
ITEM BACKGROUND:
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative. The
proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of
a hurricane evacuation. Any development receiving the units would be required to sign a rental
management agreement indicating they would be required to assure the evacuation of all occupants
of the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of
these units. The BOCC only has permitting authority and jurisdiction over the unincorporated areas
of the County so its decision is limited to up to 300 allocations for those areas.
On June 13, 2018 at the State Cabinet meeting, the Florida Administration Commission approved the
Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the
initiative will work with DEO to amend their respective comprehensive plans to allow for additional
building permits for rental workforce housing with the condition of early evacuation.
DEO has provided County staff with preliminary draft language based on the minimum requirements
established in the initiative to use as a starting point. The County should consider the language
provided and make modifications as necessary to ensure the Workforce Housing Initiative is locally
driven.
The City of Marathon, the City of Key West and Islamorada, Village of Islands have all transmitted
comprehensive plan amendments, consistent with accepting 300 units, to DEO and are currently
under review. The City of Marathon's proposed amendment has been challenged. That case is
scheduled to be heard on April 30 through May 3`d, 2019, in Marathon.
The Florida Keys Area Protection Act requires that amendments to each local government's
comprehensive plan to include "goals, objectives, and policies to protect public safety and welfare in
the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent
residents of no more than 24 hours." F.S. 380.0552(9)(a)2. In order to achieve this hurricane
evacuation clearance time, the State Administration Commission modified the County's
comprehensive plan,via administrative rule, to set an annual cap on ROGO allocations at 197 (71 of
which must be used for affordable housing). F.A.C. 28-20.140(2)(b). Individual cities also received
allocations.
Consistent with the discussion item presented to the BOCC on September 19, 2018, staff drafted
options to accept the 300 units. Options 2 and 3 include moving 300 existing market-rate allocations
into the administrative relief pool to settle potential takings cases. If the BOCC directs staff to work
on this, several other polices and code provisions may need amendment.
Staff has drafted three (3)options for consideration by the BOCC:
1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations
through 2026;
2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until
2026; and
3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
The tables below show the annual allocation, as well as, the breakdown for each subarea. For the
purposes of discussion, staff has is presenting the options for both the Comprehensive Plan and LDC
together.
Current Tables for CP Policy 101.3.2 and Land Development Code Section 138-24:
The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
Current Table for CP Policy 101.3.2:
Annual Allocation
ROGO Year Market rate Affordable
568 total AFH (total available
immediately)
July 13, 2018- July 12, 2019 126
July 13, 2019- July 12, 2020 126
July 13, 2020- July 12, 2021 126
July 13, 2021- July 12, 2022 126
July 13, 2022- July 12, 2023 126
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea.
Sec. 138-24. Residential ROGO Allocations.
(a)Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the
total number of affordable residential ROGO allocations available countywide shall be as
follows:
Subarea Number of Dwelling Units
Upper Keys 61
Lower Keys 57
Big Pine and No Name Keys 8
Total market rate 126
Affordable Dwelling Units
Very Low, Low, and Median Incomes 360*
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2013- July 126 71
12, 2014 U: 61, L:57, BPK/NNK: 8
July 13, 2014- July 126 71
12, 2015 U: 61, L:57, BPK/NNK: 8
July 13, 2015- July 126 71
12, 2016 U: 61, L:57, BPK/NNK: 8
July 13, 2016- July 126
12, 2017 U: 61, L:57, BPK/NNK: 8
July 13, 2017- July 126 497 total AFH
12, 2018 U: 61, L:57, BPK/NNK: 8 (total available immediately)
July 13, 2018- July 126
12, 2019 U: 61, L:57, BPK/NNK: 8
•
July 13, 2019- July 126
12,2020 U: 61, L:57, BPK/NNK: 8
July 13, 2020- July 126
12,2021 U: 61, L:57, BPK/NNK: 8
July 13, 2021- July 126
12, 2022 U: 61, L:57, BPK/NNK: 8
July 13, 2022- July 126
12, 2023 U: 61, L:57, BPK/NNK: 8
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea
Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations
through 2026.
CP Policy 101.3.2
Annual Allocation
ROGO Year Market rate Affordable
July 13, 2018-July 12, 2019 126
July 13,2019-July 12, 2020 126
568 total AFH(total available
July 13,2020-July 12, 2021 4 64
immediately)
July 13, 2021-July 12, 2022 64
July 13, 2022-July 12, 2023 64
July 13, 2023-July 12, 2024 62
July 13, 2024- July 12, 2025 62
July 13, 2025-July 12, 2026 62
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea through the Incidental Take Permit (1TP) ending in 2023.
Sec. 138-24. Residential ROGO Allocations.
(a)Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the total
number of affordable residential ROGO allocations available countywide shall be as follows:
Number of Dwelling_Units
Subarea ROGO Years: ROGO Years:
July 13, 2020-July 12, 2021 July 13, 2023-July 12, 2024
July 13, 2021-July 12, 2022 July 13, 2024-July 12, 2025
July 13, 2022-July 12, 2023 July 13, 2025-July 12, 2026
Upper Keys 6-1-31 30
Lower Keys 5-7 29 28
Big Pine and No Name Keys S 4 4
Total market rate 4-26 64 62
Affordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2019- July 126
12,2020 U: 61, L:57, BPK/NNK: 8 497 total AFH
July 13, 2020- July 4-6 64 (total available
12,2021 U:64-31, L:$7 29, BPK/NNK:8 4 immediately)
July 13, 2021- July 426 64
12,2022 U:64-31, L:3-7 29, BPK/NNK:8 4
July 13, 2022- July 426 64
12,2023 U:64-31, L: 29, BPK/NNK:8 4
July 13, 2023- July 62
12, 2024 U: 30, L:28, BPK/NNK: 4
Jule 13. 2024- July 62
12, 2025 U: 30, L:28, BPK/NNK: 4
July 13, 2025- July 62
12, 2026 U: 30, L:28, BPK/NNK: 4
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea through the Incidental Take Permit (1TP)ending in 2023.
***
Option 2: Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations
until 2026.
CP Policy 101.3.2
Annual Allocation
ROGO Year Affordable Phase One Affordable
Market Rate
Housing Housing
July 13, 2013- July 126 71 0
12, 2014
July 13, 2014- July 126 71 0
12, 2015 _
July 13, 2015- July 126 0
12, 2016 _
July 13, 2016- July 126
12,2017 --
July 13, 2017- July ,,
12,2018 1_6 ()
July 13, 2018- July
12, 2019 26
July 13, 2019- July 126
12, 2020 568 total AFH
July 13, 2020- July 116 14_ (total available
12, 2021 immediately)
July 13, 2021- July 126 14
12,2022
July 13, 2022- July 426 13 300**
12,2023
July 13, 2023- July 13
12, 2024
July 13, 2024- July 13
12, 2025
July 13, 2025- July 11
12, 2026
Total 47260 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
•
subarea through the Incidental Take Permit(ITP) ending in 2023.
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC
Section 138-24. POA allocations shall be reserved and utilized for any development with two
(2) or more affordable units and shall require a Development Agreement pursuant to Chapter
110, Article V Development Agreement Authorization.
Sec. 138-24. Residential ROGO Allocations.
(a)Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the total
number of affordable residential ROGO allocations available countywide shall be as follows:
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020-July ROGO Years. July 13, 2025-July
12, 2021 July 13, 2022-July 12, 2023 12, 2026
July 13, 2023-July 12, 2024
July 13, 2021-July July 13, 2024- July 12, 2025
12, 2022
Upper Keys 64-7 6 6
Lower Keys 3-7 6 6 5
Big Pine and No 0$ 1
Name Keys —
Total market rate 4-26 14 13 1 1
Affordable
Dwelling Units
Very Low, Low,
and Median 360*
Incomes
Moderate 350*
Incomes
*Includes one annually for Big Pine Key and No Name Key through the Incidental Take
Permit (ITP)ending in 2023.
Phase One 300**
Affordable
Dwelling Units
**Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138-
24.
Annual Allocation
ROGO Year Affordable Phase One
Market Rate Housing Affordable
Housing
0
O
()
O
O
July 13, 2018- July 126
12, 2019 U: 61, L:57, BPK/NNK: 8 ()
July 13, 2019- July 126
12,2020 U: 61, L:57, BPK/NNK: 8 (1
July 13, 2020- July 4 14
12,2021 U:64-7, L:6-7 6,
BPK/NNK:8 1 497 total AFH
July 13, 2021- July 4-26 14 (total available
12, 2022 U:64-7, L:3-7 6, immediately)
BPK/NNK:8 1
July 13, 2022- July 4-2613
12, 2023 U:64-6, L:3-7 6,
BPK/NNK:8 1
July 13, 2023- July 13
12, 2024 U: 6, L:6, BPK/NNK: 1 300 total POA
July 13, 2024- July 13 AFH (total
12, 2025 U: 6, L:6, BPK/NNK: 1 available
July 13, 2025- July 11 immediately)
12, 2026 U: 6,L:5,BPK/NNK: 0
Total 47260 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea through the Incidental Take Permit (lTP) ending in 2023.
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and
herein. POA allocations shall be reserved and utilized for any development with two (2) or
more affordable units and shall require a Development Agreement pursuant to Chapter 110,
Article V Development Agreement Authorization.
The POA workforce-affordable housing units built under this program shall:
1. be multifamily structures consisting of attached dwellingunits;
2. be rental units:,
3. require a Development Agreement pursuant to Chapter 110, Article V Development
Agreement Authorization;
not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
6. require on-site property management;
t
8. incorporate sustainable and resilient design principles into the overall site design;
9. ensure accessibility to employment centers and amenities;
10. require deed-restrictions ensuring:
a. the property remains workforce-affordable housing in perpetuity;
b. tenants evacuate during the period in which transient units are required to
evacuate.
l` rental agreements contain a separate disclosure requiring renters to acknowledge
that failure to adhere to the evacuation requirement could result in severe
penalties, including eviction,to the resident; and
d. onsite property managers are formally trained in evacuation procedures.
***
Option 3: Accept the 300 early evacuation affordable ROGOs and do not extend ROGO
beyond 2023.
CP Policy 101.3.2
Annual Allocation
ROGO Year Affordable Phase One Affordable
Market Rate
Housing Housing
0
0
II
July 13, 2018- July 126 568 total AFH
12, 2019
July 13, 2019- July (total available
12,2020 126 immediately)
July 13, 2020- July 126 27
12, 2021
July 13, 2021- July 126 27 300**
12,2022
July 13, 2022- July 126 24
12,2023
Total 47260 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC
Section 138-24. POA allocations shall be reserved and utilized for any development with two
I (2) or more affordable units and shall require a Development Agreement pursuant to Chapter
110, Article V Development Agreement Authorization.
Sec. 138-24. Residential ROGO Allocations.
(a)Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the total
number of affordable residential ROGO allocations available countywide shall be as follows:
Number of Dwelling Units
ROGO Years: ROGO Years:
July 13,2020-July 12, 2021_ July 13, 2022-July 12, 2023
July 13, 2021- July 12, 2022
Subarea
Upper Keys 64- 13 12
Lower Keys 12 I I
Big Pine and No Name $2 I
Keys —
Total market rate -1- 6 27 24
Affordable Dwelling Units
Very Low, Low, and 360*
Median Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key,
Phase One Affordable
Dwelling Units 300**
**Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138-
2-1.
Annual Allocation
ROGO Year Affordable Phase One
Market Rate Housing Affordable
Housing_
0
0
0
497 total AFH 0
(total available —
immediately) 0
July 13, 2018- July 126 0
12,2019 U: 61, L:57, BPK/NNK: 8 —
July 13, 2019- July 126 0
12,2020 U: 61, L:57, BPK/NNK: 8
July 13, 2020- July 4-26 27
12,2021 U:64- 13, L:3-7 12,
BPK/NNK:8 2 300 total POA
July 13, 2021- July 426 27 AFH (total
12, 2022 U:64- 13, L:3-7 12, available
BPK/NNK: 8 2 immediately)
July 13, 2022- July 426 24
12, 2023 U:64- l 2, L: 11,
BPK/NNK:8 1
Total 472644 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key
subarea through the Incidental Take Permit (ITP) ending in 2023.
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and
herein. POA allocations shall be reserved and utilized for any development with two (2) or
more affordable units and shall require a Development Agreement pursuant to Chapter 110,
Article V Development Agreement Authorization.
The POA workforce-affordable housing units built under this program shall:
11. be multifamily structures consisting of attached dwelling units;
12. be rental units;
13. require a Development Agreement pursuant to Chapter 1 10, Article V Development
Agreement Authorization;
15. not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
16. require on-site property management;
housing-nits;
18. incorporate sustainable and resilient design principles into the overall site design;
19. ensure accessibility to employment centers and amenities;
20. require deed-restrictions ensuring:
g: the property remains workforce-affordable housing in perpetuity;
• tenants evacuate during the period in which transient units are required to
evacuate;
• rental agreements contain a separate disclosure requiring renters to acknowledge
that failure to adhere to the evacuation requirement could result in severe
penalties, including eviction,to the resident; and
• onsite property managers are formally trained in evacuation procedures.
***
Additionally, Staff has drafted preliminary proposed language for a text amendment to the
Comprehensive Plan and Land Development Regulations that would be required if the County
chooses to accept the 300 units in the attached document.
Blue underline shows language that is currently in process as a text amendment to the
Comprehensive Plan and Land Development Code, some of which is has been considered by the
BOCC.
Purple underline text shows indicates additions to existing text in the CP and LDC based on DEO
recommended language. Purple wavy underline indicates modifications to DEO recommended
language.
PREVIOUS RELEVANT BOCC ACTION:
Mayor Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At
the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss concerns
identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018.
On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC
meeting.
On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
state's initiative that address several concerns raised related to the enforceability of the evacuation
provisions. Additionally, the BOCC asked the County Attorney to research whether the state's
Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent that
would require the state to award as many as 10,000 additional units in the future.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Staff recommends Option 2 presented in this agenda item:
extend the Rate of Growth Ordinance (ROGO)Allocation Distribution Schedule through 2026, and
continue to pursue accepting 300 Workforce Housing ROGOs offered by the State; staff also
recommends that the BOCC direct staff to not process the required Comprehensive Plan
amendments until any challenges to local municipalities' Comprehensive Plan amendments are
completed, so that the County can further study the issues raised.
DOCUMENTATION:
300_units_Policies_strikethrough_01.1 5.1 9
WHITE PAPER build out land_acquisition_strategies_7_11_13
land acquisition request WHITE PAPER 10-17-13
acquisition table_v2
Military Buffer Acquisition_FINAL 10-22-13
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 01/16/2019 3:03 PM
Assistant County Administrator Christine Hurley Completed
01/16/2019 5:07 PM
Bob Shillinger Completed 01/16/2019 6:35 PM
Maureen Proffitt Skipped 01/16/2019 4:18 PM
Steve Williams Skipped 01/16/2019 4:19 PM
Budget and Finance Completed 01/17/2019 8:35 AM
Maria Slavik Completed 01/17/2019 9:15 AM
Kathy Peters Completed 01/17/2019 9:41 AM
Board of County Commissioners Pending 01/30/2019 10:00 AM
300 Early Evacuation Workforce/Affordable ROGO Units
Blue underline shows language that is currently in process as a text amendment to the
Comprehensive Plan and Land Development Code, some of which is has been considered by the
BOCC.
Purple underline text shows indicates additions to existing text in the CP and LDC based on DEO
recommended language. Purple wavy underline indicates_modifications to DEO recommended
language..
***
Objective 101.2
As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a
maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land
Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted
between the County and all the municipalities and the State agencies.
Policy 101.2.1
Monroe County shall maintain a memorandum of understanding with the State Land Planning
Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
variables and assumptions, including regional considerations, for utilizing the Florida Division of
Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
Model to accurately depict evacuation clearance times for the population of the Florida Keys.
Policy 101.2.2
Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and
Division of Emergency Management to update the variables and assumptions for the evacuation
clearance time modeling and analyses of the build-out capacity of the Florida Keys Area of Critical
State Concern based upon the release of the decennial Census data.Pursuant to the 2012 completed
hurricane evacuation clearance time modeling by the State Land Planning Agency, which
incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10
= 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year
2023,while maintaining an evacuation clearance time of 24 hours.The County will adopt a slower
rate of annual allocations for market rate development to extend the allocation timeframe to 2033
without exceeding the total of 1,970 allocations(see Policy 101.3.2). The County shall reevaluate
the annual ROGO allocation rate based on: 1)statutory changes for hurricane evacuation clearance
time requirement standards; 2) new hurricane evacuation modeling by the State Land Planning
Agency and Division of Emergency Management; and 3) a new or revised memorandum of
understanding with the State Land Planning Agency, Division of Emergency Management,
Marathon, Islamorada, Key West, Key Colony Beach and Layton (see Policy 101.2.1).
Notwithstanding the foregoing and Policy 101.3.2, Monroe County shall establish a new limited
category(Phase One Affordable"POA")for 300 workforce-affordable building permit allocations
to participate in the Workforce-Affordable Housing Initiative pursuant to Goal 109. These POA
300 Units StfilfethettWunderline Page 1 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
allocations are in addition to the maximum allocations identified in Rules 28-18, Florida
Administrative Code.
***
Objective 101.3
Monroe County shall regulate new residential development based upon the finite carrying capacity
of the natural and man-made systems and the growth capacity while maintaining a maximum
hurricane evacuation clearance time of 24 hours.
Policy 101.3.1
Monroe County shall maintain a Permit Allocation System for new residential development known
as the Residential Rate of Growth Ordinance(ROGO) System.The Permit Allocation System shall
limit the number of permits issued for new residential dwelling units The ROGO allocation system
shall apply within the unincorporated area of the county, excluding areas within the county
mainland and within the Ocean Reef planned development(Future development in the Ocean Reef
planned development is based upon the December 2010 Ocean Reef Club Vested Development
Rights Letter recognized and issued by the Department of Community Affairs). New residential
dwelling units included in the ROGO allocation system include the following: affordable housing
units;market rate dwelling units;mobile homes;and institutional residential units(except hospital
rooms).
Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
location,and therefore cannot be accounted for in the County's hurricane evacuation model.Under
no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be
transferred upland or converted to a dwelling unit of any other type.Vessels or associated wet slips
are not considered ROGO allocation awards, and may not be used as the basis for any type of
ROGO exemption or THE (Transfer of ROGO Exemption). ROGO Allocations for rooms, hotel
or motel; campground spaces; transient residential units; and seasonal residential units are subject
to Policy 101.3.5.
Policy 101.3.2
The number of permits issued for residential dwelling units under the Rate of Growth Ordinance
shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July
12, 2023, plus any available unused ROGO allocations from a previous ROGO year. A ROGO
year means the twelve-month period beginning on July 13. Market rate allocations shall not to
exceed 126 residential units per year. Unused allocations for market rate shall be available for
Administrative Relief.
In 2012,pursuant to Rule 28-20.140,F.A.C.,the Department of Economic Opportunity completed
the hurricane evacuation clearance time modeling task and found that with 10 years' worth of
building permits,the Florida Keys would be at a 24 hour evacuation clearance time. This creates
challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant
parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No Tier(ORCA,
etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately held vacant
parcels at risk of not obtaining permits in the future.
300 Units StrikethettWunderline Page 2 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
In recognition of the possibility that the inventory of vacant parcels exceeds the total number of
allocations which the State will allow the County to award, the County will consider adopting an
extended timeframe for distribution of the ROGO allocations through 2033 with committed
financial support from its State and Federal partners. This timeframe can provide a safety net to
the County and provide additional time to implement land acquisition and other strategies to reduce
the demand for ROGO allocations and help transition land into public ownership.
The County is actively engaged in acquisitions and is requesting its State and Federal partners for
assistance with implementing land acquisitions in Monroe County. The County will allocate the
1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support is
provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule
and consider an extended timeframe for the distribution of market rate allocations (through a
comprehensive plan amendment).Further,the State and County shall develop a mutually agreeable
position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights
Protection Act cases, with the State having an active role both directly and financially in the
defense of such cases.
Notwithstanding the foregoing and Policy 101.2.2, Monroe County shall establish a new limited
category(Phase One Affordable"POA")for 300 workforce-affordable building permit allocations
to participate in the Workforce-Affordable Housing Initiative pursuant to Goal 109. These POA
allocations are in addition to the maximum allocations identified in Rules 28-18, Florida
Administrative Code.
The POA workforce-affordable housing units built under this program shall:
1. be multifamily structures consisting of attAched dwelling units;
2. be rental units;
3. require,a Development Agreement_pursuant to Chapter, 1.10, Article._.V Development
4grcement Authorisation.;
5. not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
6. require on-site property management;
trait;
8. incorporate sustainable and resilient design principles into the overall site design;
9. ensure accessibility to employment centers and amenities:
10. require deed-restrictions ensuring:
a. the property remains workforce-affordable housing in perpetuity;
b. tenants evacuate during the period in which transient units are required to evacuate
c. rental agreements contain a separate disclosure requiring renters to acknowledge
that failure to adhere to the evacuation requirement could result in severe penalties,
including eviction,to the resident; and
d. onsite property managers are formally trained in evacuation procedures.
300 Units Str-iketheu+gh/underline Page 3 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
Current Table for CP Policy 101.3.2:
Annual Allocation
ROGO Year Market rate Affordable
July 13,2018-July 12,2019 126 568 total AFH (total available
July 13, 2019-July 12,2020 126 immediately)
July 13,2020-July 12, 2021 126
July 13, 2021-July 12, 2022 126
July 13,2022-July 12, 2023 126
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea.
Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO
allocations through 2026.
Annual Allocation
ROGO Year Market rate Affordable
568 total AFH (total available
July 13,2018-July 12, 2019 126
immediately)
July 13, 2019-July 12, 2020 126
July 13, 2020-July 12, 2021 426 64
July 13, 2021-July 12, 2022 -1-6 64
300 Units Stfikethettgh/underline Page 4 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13,2022-July 12, 2023 64
July 13, 2023-July 12, 2024 62
July 13, 2024- July 12, 2025 62
July 13, 2025-July 12, 2026 62
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
through the Incidental Take Permit (ITP) ending in 2023.
Option 2: Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until
2026.
Annual Allocation
ROGO Year Affordable Phase One Affordable
Market Rate
Housing 1 sousing
July 13, 2013- July
12,2014 126 7 I 0
July 13, 2014- July 126 71 0
12,2015 —
July 13, 2015- July
12,2016 126
July 13, 2016- July
12, 2017 126
July 13, 2017- July
12,2018 126
July 13, 2018- July
12,2019 126
July 13, 2019- July 568 total AFH
12, 2020 126 (total available
July 13, 2020- July immediately)
12,2021 1 14
July 13, 2021- July 4-26 1 1 300**
12, 2022
July 13, 2022- July 4-26 13
12, 2023
July 13, 2023- July 13
12, 2024
300 Units Stfiketheugh/underline Page 5 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13, 2024- July
12, 2025
July 13, 2025- July 11
12,2026
Total -1,260 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
through the Incidental Take Permit(ITP)ending in 2023.
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC
Section 138-24. POA allocations shall be reserved and utilized for any development with two
(2) or more affordable units and shall require a Development Agreement pursuant to Chapter
110, Article V Development Agreement Authorizuiiuir.
***
Option 3: Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond
2023.
Annual Allocation
ROGO Year Affordable Phase One Affordable
Market Rate
Housing Housing
0
0
0
0
0
July 13, 2018- July 568 total AFH
12,2019 126 (total available 0
July 13, 2019- July immediately)
12, 2020 126 0
July 13, 2020- July
INN
12,2021 300**
July 13, 2021- July
12, 2022
300 Units Stfiketheugh/underline Page 6 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13, 2022- July
12,2023 126 l
Total 47260 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC
Section 138-24. POA allocations shall be reserved and utilized for any development with two
(2) or more affordable units and shall require a Development Agreement pursuant to Chapter
110, Article V Development Agreement Authorization.
The State of Florida, pursuant to Administration Commission Rules, may modify the annual
allocation rate. Monroe County will request a Rule change from the Administration Commission
to authorize the above allocation timeframe and rate.
Policy 101.3.3
Monroe County shall allocate at least 20% of the annual allocation, or as may be established by
the State of Florida,pursuant to Administration Commission Rules,to affordable housing units as
part of ROGO.Any portion of the allocations not used for affordable housing shall be retained and
be made available for affordable housing from ROGO year to ROGO year. Affordable housing
eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land
Development Code, but shall not be subject to the competitive Residential Permit Allocation and
Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located
within an area designated as Tier I as set forth under Goal 105 or within a Tier III A Special
Protection Area as set forth in Policy 205.1.1.
Notwithstanding the foregoing. and notwithstanding Policy 101.6.2, affordable housing
ROGO allocations ma\ be awarded to Tier 1 or Tier Ill-A properties which meet all of
the following criteria:
I. The property contains an existing market rate dwelling unit that meets the criteria
in LDC Section 138-22(a) and is determined to be exempt from ROGO;
2. "l he proposed replacement affordable dwelling unit meets current Florida Building
Code and is not a mobile home:,
3. The proposed replacement dwelling unit shall be deed restricted for a period of at
least 99 years as affordable housing pursuant to the standards of the Land
Development Code; and
4. The proposed site plan for the replacement affordable dwelling unit does not
propose any additional clearing of habitat.
Policy 101.3.4
The Permit Allocation System (or Rate of Growth Ordinance) for new residential development
shall specify procedures for:
1. establishing the annual number of permits for new residential units to be issued during the
next ROGO year based upon, but not limited to the following:
300 Units Str-iketheugh/underline Page 7 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year;
c. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by Administration Commission Rules;
f. modifications required or provided by this plan or agreement pursuant to Chapter
380, Florida Statutes; and
g. receipt or transfer of affordable housing allocations by intergovernmental
agreement; and
h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
Clearance Time Memorandum of Understanding;
2. allocation of affordable and market rate housing units in accordance with Policy 101.3.3
and Goal 109; and
3. timing of the acceptance of applications, evaluation and scoring of applications, and
issuance of permits for new residential development during the calendar year.
Policy 101.3.5
Due to the limited number of allocations and the State's requirement that the County maintain a
maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
transient residential allocations for hotel or motel rooms,campground spaces,or spaces for parking
a recreational vehicle or travel trailer until May 2022. Lawfully established transient units shall be
entitled ROGO exemption. (Ordinance 024-2011)
Policy 101.3.6
All public and institutional uses (except hospital rooms) that predominately serve the County's
non-transient population and which house temporary residents shall be subject to the Permit
Allocation System for residential development, except upon factual demonstration that such
transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
clearance time of Monroe County.
Policy 101.3.7
Monroe County may permit temporary emergency housing, not subject to the Permit Allocation
System, for temporary occupancy by residents displaced by natural or manmade disaster damage;
or for relief workers involved in reconstruction activities.
Temporary emergency housing may be permitted subject to the following:
• Temporary emergency housing means recreational vehicles (or similar approved
sheltering units) used for temporary occupancy in response to natural or manmade
disasters, including, but not limited to, hurricanes and tropical storms, where such units
are provided to residents and relief workers as part of emergency relief efforts.
• Building permits for temporary emergency housing for displaced residents on single
family parcels shall be limited to one recreational vehicle(or similar approved sheltering
unit) per lot, and occupancy shall not exceed 180 days, unless an extension of up to an
additional 180 days is granted by the building official.
300 Units 1etlietigli/underline Page 8 of 21
Discussion and Direction: BOCC 01.30.19
•
300 Early Evacuation Workforce/Affordable ROGO Units
• Building permits for temporary emergency housing for displaced residents on
nonresidential or mixed use sites shall not exceed 180 days, unless an extension of up to
an additional 180 days is granted by the building official.
•Approval by the Board of County Commissioners(BOCC) of a resolution authorizing the
placement and duration of temporary emergency housing for relief workers shall be
required. Occupancy of temporary emergency housing for relief workers shall not exceed
the duration specified by the BOCC resolution,but may only be extended at the discretion
of the BOCC by an additional resolution.
Policy 101.3.8
Monroe County may permit temporary non-emergency housing, not subject to the Permit
Allocation System, for temporary occupancy by workers undertaking a long-term capital
improvement project to provide site security for the capital improvement project site; or to avoid
delay in completing ongoing or future airport safety and capacity improvements on county airport
properties.
Temporary non-emergency housing may be permitted subject to the following:
• Temporary non-emergency housing means recreational vehicles (or similar approved
sheltering units) used for temporary occupancy by employees in order to provide project
site security for a long-term capital improvement project or to avoid delay in completing
ongoing or future airport safety and capacity improvements.
•Approval by the Board of County Commissioners(BOCC)of a resolution authorizing the
placement of a temporary non-emergency housing unit to provide site security for a
capital improvement project shall be required. The BOCC resolution shall specify the
location (placement of the unit at.the project site) and the duration of the temporary
housing unit, not to exceed 180 days. No more than one (1) temporary non-emergency
housing unit shall be approved per project site. Occupancy may only be extended at the
discretion of the BOCC by an additional resolution. When considering such placement,
the BOCC shall take into account the number of times a parcel has been used for
temporary non-emergency housing purposes for capital improvement projects and shall
consider compatibility,complications,public comment and other circumstances that may
require a site to be utilized for more than 365 consecutive days.
• Occupancy of temporary non-emergency housing necessary to avoid delay in completing
ongoing or future airport safety and capacity improvements on county airport properties
shall not exceed 30 days after the completion of the associated project, unless an
extension is granted by the BOCC.
For all permitted temporary housing, upon expiration of relevant approvals and timeframes
expressly set forth in the relevant authorization,the temporary housing shall be removed.
Policy 101.3.9
For those ROGO applications and properties which have not received a ROGO award for four
consecutive years and have applied for administrative relief, which are designated Tier I, II, or
300 Units Strikethough/underline Page 9 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
IIIA, the County or the State shall offer to purchase the property if funding for such is available.
Refusal of the purchase offer shall not be grounds for granting a ROGO award.
Policy 101.3.10
Notwithstanding any other provision of the Plan,ROGO allocations utilized for affordable housing
projects may be pooled and transferred between ROGO subareas,excluding the Big Pine/No Name
Keys ROGO subarea,and between local government jurisdictions within the Florida Keys Area of
Critical State Concern(ACSC).Any such transfer between local government jurisdictions must be
accomplished through an interlocal agreement between the sending and receiving
• local governments.
Policy 101.3.11
Monroe County may receive additional building permit allocations pursuant to the 2012 completed
hurricane evacuation clearance time modeling and allocation recommendations by the State Land
Planning Agency and the Administration Commission's direction that the City of Key West would
transfer annually(by July 15th)any remaining unused allocations for that year to the other Florida
Keys' local governments based upon the local governments' ratio of vacant land.
Any transferred allocations from the City of Key West to Monroe County shall be made available
for Administrative Relief.
***
Goal 110—Workforce-Affordable Housing Initiative.
To support Monroe County's workforce by alleviating constraints on affordable housing the
County shall participate in the Workforce-Affordable Housing Initiative, as approved during the
June 13, 2018 meeting of the Administration Commission. The Workforce-Affordable Housing
Initiative will require new construction that participates to commit to evacuating renters in the 48-
hour window of evacuation.
Objective 110.1 — Provide Workforce-Affordable Housing Building Permit
Allocations.
The County shall establish a new limited category(Phase One Affordable"POA")for 300
workforce-affordable building permit allocations to participate in the Workforce-
Affordable Housing Initiative. These allocations are in addition to the maximum
allocations identified in Rules 28-18, Florida Administrative Code. The County shall be
responsible for the management, distribution,and enforcement of requirements associated
with the POA allocations. Monroe County shall ensure adherence to these requirements
through implementing the policies of this objective.
Policy 110.1.1 —Distribution of Workforce-Affordable Housing Allocations.
Workforce-affordable housing allocations shall be evaluated and_distributed in
accordance with Land Development Code Chapter 138, Article II Residential Rate
Gr�rnth I imitation (ROGO)._('
,i,;.,,. . cedures cifc t„ nnn 1
300 Units Stfiketheuglh/underline Page 10 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
Policy 110.1.2 - Specific Standards and Requirements for Workforce-
Affordable Housing.
Workforce-affordable housing units built under this program shall:
1. be multifamily structures consisting of aachoddwelling units;
2. be rental units;
3. require, at a minimum, adherence to the latest edition of the Florida
Building Code as published by the Florida Building Commission;
4. not be placed in the V-Zone or within the Coastal Barrier Resource
Systems;
5. require on-site property management;
6. comply with applicable locational criteria and densities for multifamily
affordable housing units;
7. incorporate sustainable and resilient design principles into the overall
site design;
8. ensure accessibility to employment centers and amenities;
9. require deed-restrictions ensuring:
a. the property remains workforce-affordable housing in
perpetuity;
b. tenants evacuate during the period in which transient units are
required to evacuate;
c. rental agreements contain a separate disclosure requiring renters
to acknowledge that failure to adhere to the evacuation
requirement could result in severe penalties, including eviction,
to the resident; and
d. onsite property managers are formally trained in evacuation
procedures.
Policy 110.1.3—Evacuation exemptions.
Persons living in workforce-affordable housing who are exempt from evacuation
requirements of Policy 109.1.2.9.b include all first responders, correction officers,
health care professionals, or other first-response workers required to remain during
an emergency, provided the person claiming exemption under this policy has
faithfully certified their status with on-site_property management.
Policy 110.1.4—ADA Compliance.
All workforce-affordable housing developments must demonstrate compliance
ith all applicable federal standards for accessibility for persons with disabilities.
Policy 110.1.4-Evaluation and Report. Monroe County shall Le
participatinge in the program shall provide to the state land planning agency an
Annual Report by July 1 (or January 1???) of each year indicating the number of
workforce-affordable units built, occupancy rates, and compliance with the
requirement to evacuate the units in the Phase I evacuation.
***
300 Units Strip/underline Page 11 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
Land Development Code
Current Code
Sec. 138-24. Residential ROGO Allocations.
(a)Number of available annual residential ROGO allocations. The number of market rate
residential ROGO allocations available in each subarea of the unincorporated county and the
total number of affordable residential ROGO allocations available countywide shall be as
follows:
Subarea Number of Dwelling Units
Upper Keys 61
Lower Keys 57
Big Pine and No Name Keys 8
Total market rate 126
Affordable Dwelling Units
Very Low, Low, and Median Incomes 360*
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
ROGO Year Annual Allocation
Market Rate Affordable Housing
July 13, 2013- July 126 71
12,2014 U: 61, L:57, BPK/NNK: 8
July 13, 2014- July 126 71
12,2015 U: 61, L:57, BPK/NNK: 8
July 13, 2015- July 126 71
12, 2016 U: 61. L:57, BPK/NNK: 8
July 13, 2016- July 126
12,2017 U: 61. L:57, BPK/NNK: 8
July 13, 2017- July 126
12, 2018 U: 61, L:57, BPK/NNK: 8
July 13, 2018- July 126
12, 2019 U: 61, L:57, BPK/NNK: 8 497 total AFH
July 13, 2019- July 126 (total available immediately)
12, 2020 U: 61, L:57, BPK/NNK: 8
July 13, 2020- July 126
12, 2021 U: 61, L:57, BPK/NNK: 8
July 13, 2021- July 126
12,2022 U: 61, L:57, BPK/NNK: 8
300 Units Str-+leugk/underline Page 12 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13, 2022- July 126
12,2023 U: 61, L:57, BPK/NNK: 8
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
****
Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO
allocations through 2026.
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020-July 12, 2021 July 13, 2023-July 12,2024
July 13, 2021-July 12, 2022 Jul\ 13, 2024-July 12,2025
July 13, 2022-July 12, 2023 July 13. 2025- July 12, 2026
Upper Keys 64-3 I 30
Lower Keys 29 28
Big Pine and No Name Keys $4 4
Total market rate 64 62
Affordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 3 5 0*
*Includes one annually for Big Pine Key and No Name Key
ROGO Year Annual Allocation
Market Rate Affordable Housing
497 total AFH
(total available
immediately)
300 Units Stfikethettgh/underline Page 13 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13, 2019- July 126
12,2020 U: 61, L:57, BPK/NNK: 8
July 13, 2020- July 4-26 64
12,2021 U:64-31, L:57 29, BPK/NNK:8 4
July 13, 2021- July 4-26 64
12, 2022 U:64-31, L:57 29, BPK/NNK:8 4
July 13, 2022- July 6 64
12,2023 U:611.31, L:67 29, BPK/NNK:8 4
July 13, 2023- July 62
12, 2024 U: 30, L:28, BPK/NNK: 4
July 13, 2024- July 62
12, 2025 U: 30, L:28, BPK/NNK: 4
July 13, 2025- July 62
12, 2026 U: 30, L:28, BPK/NNK: 4
Total 1,260 710*
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
through the Incidental Take Permit(ITP) ending in 2023.
Option 2: Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until
2026.
Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13, 2020- July ROGO Years: July 13, 2025-July
12, 2021 July 13,2022-July 12, 2023 12, 2026
July 13, 2023- July 12, 2024
July 13, 2021- July
12, 2022 July 13, 2024-July 12, 2025
Upper Keys 64-7 6 6
Lower Keys 5-7 6 6 5
Big Pine and No 1 I 0
Name Keys -
Total market rate6 14 13 11
Affordable
Dwelling Units
Very Low, Low,
and Median 360*
Incomes
Moderate 350*
Incomes
300 Units Striketheogh/underline Page 14 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
*includes one annually for Big Pine Key and No Name Key through the Incidental Take
Permit (ITP) endin1 in 2023.
Phase One 300**
Affordable
Dwelling Units
**Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138-
24.
Annual Allocation
ROGO Year Affordable Phase One
Market Rate Housing Affordable
Housing
0
(1
(1
()
()
July 13, 2018- July 126
O
12, 2019 U: 61, L:57, BPK/NNK: 8
July 13, 2019- July 126
12,2020 U: 61. L:57, BPK/NNK: 8 O
July 13, 2020- July 4-26 14 497 total AFH
12,2021 U: 61-7, L:3-7 6. (total available
BPK/NNK:8 I immediately)
July 13, 2021- July 4-26 14
12, 2022 U:61-7, L:3-7 6,
BPK/NNK:8 I
July 13, 2022- July 4-2-6 13 300 total POA
12, 2023 U:61-6, L:3-7 6. AFH (total
BPK/NNK:8 I available
July 13, 2023- July 13 immediately)
12,2024 U: 6, L:6, BPK/NNK: I
300 Units Str-ilietho ugh/underline Page 15 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13, 2024- July 13
12, 2025 U: 6, L:6, BPK/NNK: 1
July 13, 2025- July 11
12,2026 U: 6, L:5, BPK/NNK: 0
Total 4460 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
through the Incidental Take Permit(ITP)ending in 2023.
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein.
POA allocations shall be reserved and utilized for any development with two (2) or more
affordable units and shall require a Development Agreement pursuant to Chapter 110, Article V
Development Agreement Authorization.
The POA workforce-affordable housing units built under this program shall:
1. be multifamily structures consisting of attached dwelling units;
2. be rental units;
3. require,a Development Agreement pursuant to Chapter 110, Article V Development
Agreement Authorization
5. not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
6. require on-site property management:
7. comply with applicable locational criteria and densities for multifamily affordable
i
8. incorporate sustainable and resilient design principles into the overall site design;
9. ensure accessibility to employment centers and amenities;
10. require deed-restrictions ensuring:
the property remains workforce-affordable housing in perpetuity;
b tenants evacuate during the period in which transient units are required to
evacuate:
c. rental agreements contain a separate disclosure requiring renters to acknowledge
that failure to adhere to the evacuation requirement could result in severe
penalties, including eviction,to the resident; and
d. onsite property managers are formally trained in evacuation procedures.
Option 3: Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond
2023.
Number of Dwelling Units
ROGO Years: ROGO Years:
July 13, 2020- July 12, 2021 July 13, 2022-July 12, 2023
300 Units Stfi ougk/underline Page 16 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
July 13, 2021-July 12, 2022
Subarea
Upper Keys 64- 13 12
Lower Keys 3-7 12 11
Big Pine and No Name Keys 8 2 1
Total market rate 27 24
Affordable Dwelling Units _
Very Low,Low,and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key,
Phase One Affordable 300**
Dwelling Units
**Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138-
24.
Annual Allocation
ROGO Year Affordable Phase One
Market Rate Housing Affordable
Housing
0
0
0
0
0
July 13, 2018- July 126
0
12,2019 U: 61, L:57, BPK/NNK: 8 497 total AFH
July 13, 2019- July 126 (total available 0
12, 2020 U: 61, L:57, BPK/NNK: 8 immediately)
July 13, 2020- July 4-26 27 300 total POA
12, 2021 U:6-1. 13, L:64 12, AFH (total
BPK/NNK:8 2 available
July 13, 2021- July 27 immediately)
12, 2022 —
300 Units Strikes/underline Page 17 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
U: 64- 13, L:3-7 12,
BPK/NNK: 8 2
July 13, 2022- July 24
12, 2023 U:64- 12, L:$7 11,
BPK/NNK:8 1
Total 47-260 960 710* 300**
*Includes two annual affordable ROGO allocation for the Big Pine Key/No Name Key subarea
through the Incidental Take Permit(ITP)ending in 2023.
** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein.
POA allocations shall be reserved and utilized for any development with two (2) or more
affordable units and shall require a Development Agreement pursuant to Chapter 110,Article V
Development Agreement Authorization.
The POA workforce-affordable housing units built under this program shall:
1. be multifamily structures consisting of attached dwelling units;
2. be rental units;
3. require, a Development Agreement pursuant to Chapter 1 10, Article,V Develo ment
Agreement Authorization;
1. require, at a minimum, adherence to the latest edition of the Florida Building Code as
5. not be placed in the V-Zone or within the Coastal Barrier Resource Systems;
6. require on-site property management;
7. comply with applicable locational criteria and densities for multifamily affordable
heusingttftitst
8. incorporate sustainable and resilient design principles into the overall site design;
9. ensure accessibility to employment centers and amenities;
10. require deed-restrictions ensuring:
a. the property remains workforce-affordable housing in perpetuity;
b. tenants evacuate during the period in which transient units are required to
evacuate;
c. rental agreements contain a separate disclosure requiring renters to acknowledge
that failure to adhere to the evacuation requirement could result in severe
penalties, including eviction,to the resident; and
d. onsite property managers are formally trained in evacuation procedures.
The State of Florida, pursuant to Administration Commission Rules, may modify the annual
allocation rate. By July 12, 2018, if substantial financial support is provided by State and Federal
partners, the County may reevaluate the ROGO distribution allocation schedule and consider an
extended timeframe for the distribution of market rate allocations. If necessary, Monroe County
will request a Rule change from the Administration Commission to authorize an alternative
allocation timeframe and rate.
300 Units Strikethettgh/underline Page 18 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
(1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
rate residential ROGO allocations available per ROGO year.Affordable ROGO allocations
and Phase One Affordable (POA) ROGO allocations shall be available for countywide
allocation except for Big Pine Key and No Name Key. The allocations for Big Pine Key
and No Name Key shall be limited to maximums established in Big Pine Key/No Name
Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat Conservation Plan.
(2) Quarterly residential ROGO allocation ratio.Each subarea shall have its number of market
rate housing residential ROGO allocations available per ROGO quarter determined by the
following formula:
a. Market rate residential ROGO allocations available in each subarea per quarter is
equal to the market rate residential ROGO allocations available in each subarea
divided by four.
b. Affordable housing residential ROGO for all four ROGO quarters, including the
allocations available for Big Pine Key, shall be made available at the beginning of
the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
remaining affordable housing residential ROGO allocations shall be made available
for award.
c. Phase One Affordable(POA) ROGO Allocations shall be made available for award
beginning on July 13, 2020. Phase One Affordable (POA) Allocations shall not be
available for Big Pine Key and No Name Key.
(3) Ratio of very low income, low income, and median income allocations to moderate income
allocations. The Planning Commission may amend these proportions for affordable
housing during any ROGO quarter.
(4) Big Pine Key and No Name Key.
a. All allocation awards on Big Pine Key and No Name Key are subject to the
provisions of the Incidental Take Permit (ITP), the Habitat Conservation Plan
(HCP) and Livable CommuniKeys Plan(LCP) for the Florida Key Deer and other
covered species, which may affect ROGO allocations under this article.
b. In the Big Pine Key/No Name Key sub-area the annual maximum number of
residential permit allocations that may be awarded in Tier I shall be no more than
one (1) every 2 years. Until the ITP, HCP, Biological Opinion, and LCP are
amended, a property owner attempting to develop his property may be granted an
allocation through the ROGO process that may be used once that property owner
obtains all required permits and authorizations required under the Endangered
Species Act and other applicable federal and state laws. The allocation will remain
valid so long as the applicant diligently and in good faith continues to work with
USFWS to conclude the coordination and pick up a building permit.
(5)Limit on number of allocation awards in Tier I.
a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I
shall be no more than one (1)every two (2)years.
b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
more than three(3).
300 Units Stfifetheugh/underline Page 19 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
more than three (3).
(b)Reservation of affordable housing allocations.Notwithstanding the provisions of Section 138-
26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or
all of the available affordable housing allocations for award to certain sponsoring agencies or
specific housing programs consistent with all other requirements of this chapter. Building permits
for these reserved allocations shall be picked up within six months of the effective reservation
date,unless otherwise authorized by the BOCC in its resolution.The BOCC may, at its discretion,
place conditions on any reservation as it deems appropriate. These reservations may be authorized
by the BOCC for:
(1) The county housing authority, nonprofit community development organizations,
pursuant to Section 139-1(e),and other public entities established to provide affordable
housing by entering into a memorandum of understanding with one or more of these
agencies;
(2)Specific affordable or employee housing projects participating in a federal/state housing
financial assistance or tax credit program or-receiving some form of direct financial
assistance from the county upon written request from the project sponsor and approved
by resolution of the BOCC;
(3) Specific affordable or employee housing projects sponsored by nongovernmental not-
for profit organizations above upon written request from the project sponsor and
approved by resolution of the BOCC;
(4) Specific affordable or employee housing programs sponsored by the county pursuant
to procedures and guidelines as may be established from time to time by the BOCC;
(5)Specific affordable or employee housing projects by any entity,organization,or person,
contingent upon transfer of ownership of the underlying land for the affordable housing
project to the county, a not-for-profit community development organization, or any
other entity approved by the BOCC, upon written request from the project sponsor and
approved by resolution of the BOCC; or
(6) Rental employee housing projects situated on the same parcel of land as the
nonresidential workplace for the tenants of these projects, upon written request from
the property owner and approved by resolution of the BOCC.
(c)Affordable housing allocation awards and eligibility.
(1)The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
(2)Any portion of the affordable housing allocation not used for affordable housing at the
end of a ROGO year shall be made available for affordable housing for the next ROGO
year.
(3)No affordable housing allocation shall be awarded to applicants located within a Tier I
designated area, within a V-zone on the county's flood insurance rating map, or within
a Tier III-A (special protection area) designated area.
300 Units ketheugk/underline Page 20 of 21
Discussion and Direction: BOCC 01.30.19
300 Early Evacuation Workforce/Affordable ROGO Units
Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
housing ROGO allocations may be awarded to Tier I, Tier II, Tier III or Tier III-A
properties which meet all of the following criteria:
a. The property contains an existing market rate dwelling unit that meets the
criteria in LDC Section 138-22(a)and is determined to be exempt from ROGO;
b. The proposed replacement affordable dwelling unit meets current Florida
Building Code and is not a mobile home;
c. The proposed replacement dwelling unit shall be deed restricted for a period of
at least 99 years as affordable housing pursuant to the standards of the Land
Development Code; and
d. The proposed site plan for the replacement affordable dx\ellinu unit does not
propose any additional clearing of habitat.
(4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.
No affordable housing allocation may be used on No Name Key.
(d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
unit unless such dwelling unit:
(1)Has a dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is
deemed vested pursuant to Section 138-22.
***
300 Units Stril eugk/underline Page 21 of 21
Discussion and Direction: BOCC 01.30.19
MONROE COUNTY ?
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN
BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS
Ike PotentaalPrice of Preserving Paradise...
The Florida Keys are designated as an Area of Critical State Concern(ACSC)by the State Legislature. A Rate
of Growth Ordinance (ROGO) was implemented in order to provide for the safety of residents in the event of a
hurricane evacuation and to protect the significant natural resources of Monroe County(MC), as required by the
State of Florida. ROGO established a competitive permit allocation system whereby those applications with the
highest scores are awarded building permits. The State of Florida allows issuance of 197 building permits per
year for new residential development(Rule 28-20.140, F.A.C.),within unincorporated MC.
In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) completed the
hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits,the
Florida Keys would be at a 24 hour evacuation clearance. A Memorandum of Understanding (MOU) [see
Exhibit 1] was entered into by and between DEO,the Florida Division of Emergency Management, MC and the
municipalities to stipulate the input variables and assumptions for the hurricane model. Based upon the MOU
and the resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys
(3,550 additional permits countywide).
In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the
recommendation to allocate 10 years' worth of growth (197 x 10 = 1,970 permits)to MC while maintaining an
evacuation clearance time of 24 hours, through the year 2023. Table 1 demonstrates the challenges
unincorporated MC may face, as there are 8,168 privately owned vacant parcels (minimum value of
$248,314,487). With just 197 permits per year, it would take over 41 years' worth of annual allocations(at the
current rate of 197)to absorb these parcels. This may result in a balance of 6,198 privately held vacant parcels
at risk of not obtaining permits in the future (minimum value of$188,424,716). This deficit of building permit
allocations could trigger takings suits against both the State and MC, if no additional permits are allowed
beyond the year 2023.
Table 1: Analysis of Vacant Parcels in Unincorporated Monroe County, Florida
NUMBER OF YEARS TO THEORETICAL
TIER VACANT PARCELS ALLOCATE MAXIMUM
PERMITS DENSITY**
No Tier(ORCA,etc.) 235 766
Tier 1 3,979 4,806
Tier II 393 590
Tier III-A 260 553
Tier III 3,301 5,048
TOTAL 8,168* 41.5 11,763
TOTAL ALLOCATIONS 1,970
POTENTIAL LIABILITY 6,198*
*Assumes one(1) unit per parcel and does not take into account additional density potential.
**Theoretical density analysis is based on acreage multiplied by the maximum allocated residential density
for each FLUM category. This data is provided for illustrative purposes only;conditions specific to the
individual parcel, including physical size, environmental sensitivity,zoning and tier designation and other
regulatory constraints, such as ROGO are the final determinant of development potential.
11Page BOCC July 18 . 2 (11
In recognition of the possibility that the inventory of vacant parcels exceeds the permits MC can award, the
BOCC has already adopted some strategies to help transition land into public ownership to reduce the potential
takings claims,and address the future build out of the Florida Keys by incentivizing development that eliminates
privately owned vacant parcels. These strategies include:
ADOPTED COUNTY STRATEGIES
• Incentivize Dedication of Land — the BOCC adopted an amendment to encourage additional land
dedication by providing additional points in ROGO/NROGO.
• Discouragement Policy—the BOCC adopted an amendment to discourage private applications for FLUM
amendments that increase density and intensity, as required by Rule 28-20.140, F.A.C., unless mitigated
by providing land(acreage or Improved Subdivision[IS] parcels)to MC.
• Created Commercial FLUM category (no residential component) - the BOCC adopted an amendment to
provide options to re-designate property for other nonresidential uses (Provides alternative uses of
property).
• Revised NROGO to make the process simpler and encourage nonresidential redevelopment and
development.
While these adopted strategies, if utilized,help off-set the costs for direct acquisition of land,the projected costs
outlined in Table 2 (below) suggest that these efforts will not serve to completely close the gap between the
number of vacant parcels that may seek a permit and the number of permits the County is currently authorized
by the State to issue,based on ROGO.
Current Land Acquisition Strate¢v
At present,there are two recurring dedicated funding sources for purchasing land within the County. The first is
through half of a 1 cent Tourist Impact tax(pursuant to § 125.0108, F.S.), which provides an annual revenue for
the Florida Keys ACSC of approximately $1.2 million. This tax also generates approximately $1.6 million
annually for the Key West ACSC. The second recurring revenue is provided through a State Park surcharge that
generates approximately$400,000 annually. For the total revenue(on average$1.6 million) in the Florida Keys
ACSC, the Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of
conservation land, with the remainder going towards purchase of parcels for affordable housing, or occasionally
for active recreation areas. These funding sources alone will not be sufficient to meet the land acquisition needs
of MC in the future.
As demonstrated in Table 2, at current funding levels and with the State discontinuing its aggressive land
acquisition in the Florida Keys, adding 3,550 allocations for dwelling units through the year 2023, it would take
approximately 272 years to generate the funds equal to the tax assessed value and offer to purchase the
remaining inventory of private,vacant parcels in the Florida Keys(unincorporated and incorporated).
Note: The analysis in this paper is limited to tax assessed value of parcels and does not consider: the future
willingness of owners to sell; if the value assumed will be equal to the acquisition price; sufficiency of funds; if
the parcels have a marketable title; the suitability of public ownership of certain parcels; the feasibility and
costs of managing parcels;etc.
2IPage BOCC Jule 18 . 2013
Table 2: Inventory of Vacant Parcels in Florida Keys and Approximate Land Value
ESTIMATED YEARS TO
APPROXIMATE FUNDING GENERATE
NO. AVERAGE LAND VALUE Based on Historic THE FUNDS
AREA VACANT PARCEL (December 2012 Rates For EQUAL TO
PARCELS VALUE*** MC Property Acquisition of THE TAX
Appraiser data) Conservation ASSESSED
Lands VALUE
Key West ACSC* 104 $355,045 $ 36,924,754 $ 270.000 137
Unincorporated MC 8,168 $ 30,400 $248,314,487 276
Marathon 1,680 $ 49,845 $ 83,740,226 93
Layton 34 $ 51,080 $ 1,736,724 $900,000 2 4'
Key Colony Beach 109 $129,746 $ 14,142,347 16
Islamorada 1,269 $ 60,877 $77,253,680 86 m
TOTAL PARCELS 11,364141IF $40,664 $462,112,21.
TOTAL 3,550 3,550 County wide including cities,with 1,970 units for unincorporated MC
ALLOCATIONS
PARCELS TO
PURCHASE 7,814 $40,664*** $317,748,496 $ 1,170,000 272**
(COUNTYWIDE)**
* The Monroe County Lund Authority has historically allocated approximately 18% (S270,000,yr) ej the ALl !best
ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands. The remainder
of Key West ACSC tourist impact tax revenue has been allocated for the purchase of affordable housing sites.
** The total vacant parcels (11,364) less the 3,550 allocations available results in 7,814 parcels to purchase. At an
average cost of$40,664 it will take MC 272 years to acquire these parcels utilizing$1.17M(900,000+270,000).
*** This analysis assumes no growth in property value over time. Note property values could change exponentially.
Land values for each jurisdiction are divided by the$900,000 estimated funding figure.
The County staff recognizes the need for ADDITIONAL STRATEGIES aimed at reducing the total inventory of
privately owned vacant land. To that end, MC staff is currently evaluating the potential for future policy and
program strategies that could apply within the unincorporated and incorporated areas of the Florida Keys,
including:
ADDITIONAL STATE & FEDERAL LAND ACQUISITION STRATEGIES
1. Request the State of Florida Division of State Lands to continue to aggressively acquire vacant,
privately owned land as a State partner in the ACSC program. The County should encourage the state
government to target the acquisition of Tier I land within their acquisition boundaries.
- 7,589 Tier I parcels within the State's Florida Forever Boundary are owned by public and nonprofit
agencies. 3,351 Tier I parcels within the State's Florida Forever Boundary remain privately owned and
vacant. The 3,351 Tier I privately owned vacant parcels have an approximate value of$14,731,730.
2. Request the Federal Government to continue to aggressively acquire vacant, privately owned land. The
County should encourage the federal government to target the acquisition of lands containing suitable
habitat for and known populations of federally-designated wildlife species(Endangered Species Act).
- 12,147 parcels within the Federal Species Focus Area and Buffer Areas are owned by public and
nonprofit agencies. 7,193 parcels within remain privately owned and vacant. The 7,193 privately
owned vacant parcels have an approximate value of$240,088,014.
Wage BOCC July 18 . 2013
Table 3: Past State of Florida Division of State Lands Acquisition Strategy in Monroe County
State of Florida Total Total
Land Acquisition Programs Years Number of Acres Total Cost
Transactions
Land Acquisition Trust Fund 1966- 1979 100 1623.42 $ 12,097,641
Conservation& Recreation Land(CARL) 1982- 1993 143 3028.64 $ 74,669,999
Trust Fund
Save Our Coast Trust Fund 1983 - 1993 4 39.03 $ 2,400,000
Preservation 2000(P-2000)Trust Fund 1993 -2002 798 3689.1 $ 73,687,905
Florida Forever Trust Fund 2002-2009 808 1192.45 5 77,502,431
1853 9572.64 S 240,357,976
Since 2009, funding has not been available for the Division of State Lands to continue its partnership with Monroe
County and purchase additional conservation lands(see Exhibit 2 -maps of the current Monroe County lands owned
by public and nonprofit agencies).
ADDITIONAL COUNTY POLICY STRATEGIES
3. Reduce the current yearly allocation rate of 197 units per year with a MC Comprehensive Plan amendment,
thereby extending the timeframe of the recently awarded allocations (3,550 County wide including cities,
with 1,970 units for unincorporated MC).This would provide additional time to implement other strategies,
such as land acquisition.
4. Further Incentivize Lot Aggregation by encouraging additional aggregation by increasing points awarded
in ROGO. Currently, 3 positive points are awarded for each vacant, legally platted lot which is aggregated
in a designated Tier II or III area on BPK/NNK, and 4 positive points are awarded for each vacant, legally
platted lot which is aggregated in a designated Tier III area in the Upper or Lower Keys (not BPK/NNK).
These also require a legally binding restrictive covenant limiting the number of dwelling units on the
aggregated lots. This policy could be revised to encourage the aggregation of additional lots from any Tier
designation.
5. If no additional permits are authorized after 2023, allow the transfer of dwelling units (market rate,
affordable and transient) so that property owners with more than one lawfully established unit can move
the additional units to another location. The County could consider allowing transfers from:
a)site to site within a subarea in MC(Upper to Upper, Lower to Lower, BPK/NNK to BPK/NNK);
b)between ROGO sub-areas;(Upper to Lower or Lower to Upper; BPK/NNK to BPK/NNK,Lower or
Upper; BPK/NNK to BPK/NNK and Lower);and/or
c)between jurisdictions(MC and cities).
For example,a parcel owner with 2 or 3 lawfully established residential units may transfer l or 2 units to
another vacant parcel,thereby reducing the need for a new ROGO allocation for those vacant parcels.
6. Re-designate and/or rezone land to commercial categories that do not allow residential use.
The County could review existing mapping inconsistencies and consider re-designating certain lands,
particularly along U.S.1, within a commercial category.
7. Continue land acquisition programs to purchase additional undeveloped parcels and re-evaluate land
acquisition priorities to balance growth management, habitat protection, retirement of development rights,
reduction of density & intensity, future build-out of the Florida Keys, climate change, sea level rise,
affordable housing,etc.
8. Seek federal legislation to prohibit subsidized flood insurance for new development on vacant land
containing suitable/critical habitat for federally listed species within Monroe County.
9. Exercise the power of eminent domain and directly condemn parcels to avoid acquisition costs or payment
of takings compensation.
10. Purchase the tax certificates and tax deeds on property with delinquent real estate taxes. Requires
coordination with the Monroe County Property Appraiser's Office and the Monroe County Tax Collector.
4IPage BOCC July 18 . 2013
ADDITIONAL COUNTY LAND ACQUISITION FUNDING STRATEGIES
These strategies assume there ure willing sellers.
11. Increase the 1 cent Tourist Impact Tax.Currently 50%of the 1 cent tax is dedicated to land acquisition
within the areas from which it is derived and used by MC Land Authority to purchase land for conservation
or affordable housing. This tax is collected on hotel rooms rentals and other transient accommodations.
12. Dedicate 10% of current 1 cent infrastructure sales surtax (§ 212.055(2)(03., F.S.). Currently the
County may designate 10%of this tax for"other purposes,"which could be for land acquisition.
13. Increase sales tax. Currently at 7.5%and dedicate 100%of the revenue generated by the increase to land
acquisition. This tax is collected on all qualifying sales at the time of purchase.
14. Establish a special taxing authority, a dedicated revenue stream and corresponding bond issue, by
referendum for an ad-valorem tax to be dedicated to land acquisition.
15. Explore a toll on US 1 with a portion of the funds generated to be used to fund acquisition, restoration
and maintenance of conservation lands(similar to Alligator Alley toll for Everglade's restoration).
16. Work with non-governmental organizations, such as the Trust for Public Lands and the Nature
Conservancy,to supplement governmental acquisition efforts.
Further Details on County Land Acquisition FUNDING Strategies (#11-15 Above)
Increasing Tourist Impact Tax—(Strategy#11)
Currently, the 1 cent Tourist Impact Tax yields approximately $5.6 million annually. This amount is split
between the general fund($2.8M) and the County Land Authority ($2.8M). Of the $2.8M that goes to the Land
Authority,$1.2M is for MC outside Key West(along with$400,000 from state park surcharges)equaling$1.6M
for MC,excluding Key West, and$1.6M goes to Key West.
Of the approximate total revenue($1.6M)in the Florida Keys ACSC:
• MC Land Authority has historically allocated 60% (approximately $900,000) to the acquisition of
conservation land, with the remainder going towards purchase of parcels for affordable housing, or
occasionally for active recreation areas in areas outside Key West.
Of the approximate total revenue($1.6M)in Key West ACSC:
• MC Land Authority has historically allocated 17% (approximately $270,000) to the acquisition of
conservation land,with the remainder going toward affordable housing.
If the County passed by referendum, after amending State legislation, an additional 0.5%to the Tourist Impact
Tax and dedicated the full amount to land acquisition, this would yield an additional $2.8 million which could
be split as follows:
• The Florida Keys ACSC($602,000 [43%] additional);and
• Key West ACSC($798,000 [57%]additional)
[NOTE: An additional amendment to the state legislation would be needed in order to allow the additional
0.5%to be spent within the entire County,rather than the area from which the tax is derived.]
TOTAL additional funds available of$2.8M, in addition to the$1.17M (900,000+270,000 historically allocated
for the acquisition of conservation lands), equals$3.9M. If this was accomplished,the Land Authority would be
able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 80 years (see
Table 3).
Note: The overall tourist tax revenues collected on a tourist unit currently consist of a total tax of 12.5%(7.5%sales tax and 5%
tourist impact tax) and if this strategy is implemented with an increase of 0.5% to the tourist impact tax, the total tax would be
13%(7.5%sales tax and 5.5%tourist impact tax).
5jPaee BOCC July 18 . 2013
Table 3: Vacant Parcels and Years to Acquire with an Increase to Tourist Impact Tax
APPROXIMATE YEARS TO
ANNUAL GENERATE THE
NO. AVERAGE LAND VALUE BUDGET FOR FUNDS EQUAL
AREA VACANT PARCEL
(December 2012 LAND TO THE TAX
PARCELS VALUE MC Property ACQUISITION ASSESSED
Appraiser data) VALUE
PARCELS TO $40,664
PURCHASE 7,814 (analysis assumes no $317,748,496 S 3,970,000
(COUNTYWIDE)* growth in propertyvalue
over time)
* The total vacant parcels (11,364) less the 3,550 allocations available results in 7,814 poi eels to purchase. At an average
cost of$40,664 it will take MC 80 years to acquire these parcels utilizing $1.17M (900,000+270,000) + an additional
$2.8M from 0.5%additional tourist tax if passed by referendum, after State Legislature authorization to hold a referendum,
for a total of$3.9711 annually.
Dedicating 10% of Current Infrastructure Sales Surtax (Strategy #12)
One cent of sales tax produces the following revenue for the various entities:
• $16,500,000—Unincorporated Monroe County(60%)
• $ 1,700,000—Islamorada(6%)
• $ 200,000—Key Colony Beach(0.72%)
• $ 6,800,000—Key West(25%)
• $ 50,000—Layton(0.18%)
• $ 2,300,000—Marathon(8%)
• $27,550,000—Entire county
The BOCC can make a policy decision to allocate 10% of the amount of sales tax received for unincorporated
Monroe County for land acquisition without a referendum or state authorization. This would result in an
additional $1.65M annually toward this program. If this was accomplished, MC would be able to generate the
funds equal to the tax assessed value for the remaining 7,814 parcels within 81 years(see Table 4).
Table 4: Vacant Parcels and Years to Acquire with a Dedication of 10%of Infrastructure Sales Surtax
APPROXIMATE YEARS TO
ANNUAL GENERATE
NO. AVERAGE LAND VALUE BUDGET FOR THE FUNDS
AREA VACANT PARCEL
(December 2012 LAND EQUAL TO THE
PARCELS VALUE MC Property ACQUISITION TAX ASSESSED
Appraiser data) VALUE
PARCELS TO $40,664
PURCHASE 7,814 (analysis assumes no $317,748,496 $3,925,000 81*
(COUNTYWIDE)* growth in property value
over time)
MC PARCELS TO $30,400
PURCHASE 6,198 (analysis assumes no $ 188,419,200 $2,550,001 74**
growth in property value - -- - • -
(UNICORPORATED)**
over time)
* The total vacant parcels(11,364)less the 3,550 allocations available results in 7,814 parcels to purchase. At an average
cost of$40,664 it will take MC 81 years to acquire these parcels utilizing 1.17M (900,000+270,000) + an additional
$2.755M from 10%of sales tax if authorized by Board of County Commissioners for a total of$3.925M.
** The total vacant parcels(8,168)less the 1,970 allocations available results in 6,198 parcels to purchase. At an average
cost of$30,400 it will take MC 74 years to acquire these parcels utilizing $900,000 + an additional$1.65Mfrom 10%of
sales surtax if authorized by Board of County Commissioners for a total of$2.55M.
Wage BOCC July 18 . 2013
•
Increasing Sales Tax (Strategy #13)
One cent of sales tax produces the following revenue for the various entities:
• $16,500,000—Unincorporated Monroe County(60%)
• $ 1,700,000—Islamorada(6%)
• $ 200,000—Key Colony Beach(0.72%)
• $ 6,800,000—Key West(25%)
• $ 50,000—Layton(0.18%)
• $ 2,300,000—Marathon(8%)
• $27,550,000—Entire county
If the County passed by referendum, after legislative authorization, adding an additional 1 cent sales tax, an
additional $27,550,000 could be available County-wide toward this program. If this was accomplished, MC
would be able to generate the funds equal to the tax assessed value for the remaining 7,814 parcels within 11
years(see Table 3).
Table 5: Vacant Parcels and Years to Acquire with an Increase in the Sales Tax
YEARS TO
APPROXIMATE ANNUAL GENERATE
NO. AVERAGE LAND VALUE BUDGET FOR THE FUNDS
AREA VACANT PARCEL (December 2012 LAND EQUAL TO
PARCELS VALUE MC Property ACQUISITION THE TAX
Appraiser data) ASSESSED
VA LUE
PARCELS TO $40,664
PURCHASE 7,814 (analysis assumes no $317,748,496 $28,720,000 1 1*
(COUNTYWIDE)* growth v property value
over time)
MC PARCELS TO $30,400
PURCHASE 6,198 (analysis assumes no $ 188,419,200 $ 17,400,000 11**
(UNICORPORATED)** growth inproperly)value
overrtime)
* The total vacant parcels(11,36.1)less the 3,550 allocations available results in 7,814 parcels to mollusc .it an average
cost of$40,664 it will take MC 11 years to acquire these parcels utilizing $1.17M (900,000+270,000) + an additional
$27.5M from additional I cent sales tax if authorized by Board of County Commissioners and State of Florida and passed
by voters for a total of$28,720,000.
** The total vacant parcels(8,168)less the 1,970 allocations available results in 6,198 parcels to purchase. At an average
cost of$30,400 it will take MC 11 years to acquire these parcels utilizing $900,000 + an additional$16.5Mfrom 10%of
sales tax if authorized by Board of County Commissioners for a total of$17.4M.
Special Taxing Authority(Strategy#14)
Establishing a County-wide Environmental Land Acquisition Ordinance contingent upon adopting an ad
valorem tax designated specifically for the purchase and management of conservation lands would generate
additional revenue for land acquisition. This option has had wide application in Florida, with 20+ Counties and
20+municipalities adopting an environmental lands program based on this model. Each community has adopted
programs tailored to their specific needs and voter preferences. As can be seen in Table 6 below, some have
established specific revenue caps, while others have established a time frame with no revenue cap. In addition,
some of the Counties elected to bond the cap amount(Osceola, Lee and Volusia)and use the tax to pay for the
bonds.
71Page BOCC July 18 . 2013
Table 6: Summary of Ad Valorem Tax Initiatives
COUNTY YEAR ADOPTED MILLAGE RATE TOTAL REVENUE TERM
LAKE 2004 0.33 $36 MILLION(cap) 5 YRS(bond issue)
LEE 1996 0.5 $400 MILLION ANNUAL RENEWAL
MIAMI-DADE 1990 0.75 $90 MILLION 2 YRS
OSCEOLA 2004 0.25 $60 MILLION(cap) 20 YRS(bond issue)
VOLUSIA 2000 0.20 $40 MILLION(cap) 20 YRS(bond issue)
Process for Establishing Countywide Taxing Authority by County
Although the enabling legislation and implementation may vary, in general, the process followed by the
majority of jurisdictions researched has been:
1) Formation of a grass-roots citizens group to highlight and support the issues, initiated by residents or by
the County(for example:via contracting with an organization such as The Trust for Public Lands,etc.)
2) BOCC passes enabling legislation purchase program and proposed tax
3) Voter approval referendum for ad valorem tax for purchases or bond issue
4) BOCC adopts conservation land selection standards
5) BOCC approves funding for either or both
a) A bond issue to borrow funds for purchase
b) Establishing a Conservation Land Fund to purchase as revenue is collected
Approximate Annual Revenue from Special Taxing Authority
According to data from the Monroe County Property Appraiser (MCPA), the total taxable value for real
property in the Florida Keys (unincorporated and incorporated) in 2012 was approximately $18,691,323,445.
Using this value, the table below depicts approximate annual revenues associated with a range of millage rates
and the time in years to acquire all privately owned vacant parcels, after ROGO allocation through the year
2023.
Table 7: Summary of Potential Revenue Generation&Acquisition Timeframe
ANNUAL REVENUES
TOTAL TAXABLE VALUE(MCPA-2012)
0.75 MIL 0.50 MIL 0.25 M I L
$ 18,691,323,445 $ 14,018,492 $9,345,661 $4,672,830
POTENTIAL LIABILITY AFTER YEARS TO GENERATE THE FUNDS EQUAL TO
ALLOCATIONS THE TAX ASSESSED VALUE
$317,748,496 23 34 6:
Toll on US 1 (Strategy#15)
Seek and support Federal and State legislation that would authorize the imposition of a toll on U.S. 1. This
strategy would require a change to existing legislation that authorizes the expenditure of tolls paid for use of
Alligator Alley for acquisition, restoration, and maintenance of conservation lands in the Everglades to include
an authorization for land acquisition in the Keys. Alternatively, entirely new legislation could be sought. Prior
discussions with state and federal officials exploring the possibility of imposing a toll on U.S. 1 as a means of
raising money to fund wastewater have conclusively demonstrated that any such effort would require state and
federal legislation.
Wage BOCC July 18 . 2013
Summary of Additional County Land Acquisition Funding Strategies
In summary, with the 3,550 ROGO allocations recently awarded by the State of Florida, it may take
MC up to 272 years to generate the funds equal to the tax assessed value for the remaining 7,814
privately owned vacant parcels in the Florida Keys (Cities and County - Table 2, Page 3), based upon
the average 2012 property values and the current funding levels.
To continue to preserve the County's quality of life and reduce the potential takings claims against the
State and the County, which would ultimately be paid by the taxpayers, the remaining vacant, privately
owned parcels (7,814), at a total value of$317,748,496 (based on average 2012 parcel value)may need
to be addressed by a combination of policy and funding strategies.
Staff has outlined five (5) possible funding strategies (from the above list of strategies) that would
create additional revenues to pursue land acquisition. Each one has pros and cons and requires
extensive administrative achievements, including changing state law and/or approval by voter
referenda. The following table highlights the various time periods it would take to generate revenue,
based on today's dollars, given revenue estimates that could be achieved.
Table 8: Summary of Potential Revenue Generation of Various Strategies&Acquisition Timeframe
Annual Revenue Toward Land Based Upon Today's Dollars
Strategy Acquisition
Years To Generate The
(Countywide) Funds Equal To The Tax
Assessed Value
Historic Status Quo (50% of tourist
impact tax and revenue from park entrances— $ 1,170,000
allocated at the historic rates for the (estimated based on historic rates) 272
acquisition of conservation lands)
Additional revenue Total revenue
11. Increase the Tourist Impact tax $ 2,800,000 $ 3,970,000 80
12.Dedicate 10%of current $ 2,755,000 $ 3,925,000 81
infrastructure sales tax
13. Increase sales tax $27,550,000 $28,720,000 11 ,
14. Establish a taxing authority
0.75 MIL $ 14,018,492 $15,188,492 21
0.50 MIL $ 9,345,661 $10,515,661 30
0.25 MIL $ 4,672,830 $ 5,842,830 54
15.Toll on US 1 TBD TBD TBD
Note:
.
The analysis in this paper
is limited to lox assessed q �„
value of parcels and does J
not consider:the future 0
willingness of owners to ,.r. \'1 I
sell;if the value assumed _______________________
�y 1 • ..
will he equal to the
acquisition price; �� .. _l•.. -
sufciencyoffunds;if the ' '
parcels have a ' .
marketable title;the • _.0:..—.
suitability gf public
ownership for certain r ft` r , r ..,_ -? • _.'d w .—
parcels:the feasibility
and costs of-managing -
parcels;etc. ; .
46.
4.11
9IPage BOCC July 18 . 2013
MONROE COUNTY #,
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN
BUILD-OUT CHALLENGES FACING THE FLORIDA KEYS
the Potential-Price el-Preserving Paradise...
ISSUE
The State of Florida and Monroe County could face significant legal liability due to the large number of
undeveloped privately owned parcels in the Florida Keys Area of Critical State Concern(ACSC)as compared to
the 10-year allocation of new residential building permits approved by the State.
REQUEST
To reduce this potential liability, Monroe County, as a State designated ACSC, is requesting the Board of
Trustees of the Internal Improvement Trust Fund to:
• Fully fund the Florida Keys Ecosystem project ($38M) within the Acquisition and Restoration Council
(ARC)2013-2014 Interim Work Plan.
• Add the Coupon Bight/Florida Key Deer project ($9M) and the North Key Largo Hammocks project
($5M)to the ARC 2014-2015 Interim Work Plan.
• Evaluate additional parcels in the Keys for inclusion in the Florida Forever Program. Total funding
request of$248M for unincorporated County and$462M Countywide(County and municipalities).
The Florida Keys are designated as an Area of Critical State Concern(ACSC) by the State Legislature in 1979,
in part of the State's recognition of the unique habitats of the Keys and the need for their protection, and
designated the Florida Keys. As required by the State of Florida, Monroe County (MC) implemented a Rate of
Growth Ordinance(ROGO) in order to provide for the safety of residents in the event of a hurricane evacuation
and to protect the significant natural resources of the Florida Keys. ROGO established a competitive permit
allocation system whereby those applications with the highest scores are awarded building permits. The State of
Florida allows issuance of 197 building permits per year for new residential development (Rule 28-20.140,
F.A.C.), within unincorporated MC.
In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO) completed the
hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits,the
Florida Keys would be at a 24 hour evacuation clearance. Based upon the resulting 24 hour evacuation
clearance, DEO determined the remaining allocations for the Florida Keys (3,550 additional permits
countywide).
In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the
recommendation to allocate 10 years' worth of growth (197 x 10 = 1,970 permits)to MC while maintaining an
evacuation clearance time of 24 hours, through the year 2023. There are 8,168 privately owned vacant parcels
(minimum value of$248,314,487) in unincorporated Monroe County. With just 197 permits per year, it would
take over 41 years' worth of annual allocations (at the current rate of 197) to absorb these parcels. On the
current projected path without any policy changes, this may result in a balance of 6,198 privately held vacant
parcels at risk of not obtaining permits in the future (minimum value of $188,424,716). When factoring in
parcels located within the incorporated municipalities, the potential future balance of vacant parcels is 7,814
with an estimated assessed value of over $317M. This deficit of building permit allocations could trigger
takings suits against both the State and MC, if no additional permits are allowed beyond the year 2023.
Monroe County is seeking assistance from the State to re-initiate a long term acquisition strategy in the
Florida Keys aimed at preserving conservation land and reducing the total inventory of privately owned
vacant land.
11Page Monroe County —October 2013
Inventory of Vacant Parcels in Florida Keys and Approximate Land Value
APPROXIMATE ESTIMATED YEARS TO
AVERAGE
LAND VALUE FUNDING GENERATE
( AREA NO.VACANT PARCEL (December 2012 Based on Historic FUNDS EQUAL
PARCELS VALUE*** MC Property Rates For Acquisition TO THE TAX
Appraiser data) of Conservation Lands ASSESSED VALUE
Key West ACSC* 104 $355,045 $ 36,924,754 $270,000 137
Unincorporated MC 8,168 $ 30,400 $248,314,487 276$
Marathon 1,680 $ 49,845 $ 83,740,226 93$
Layton 34 $ 51,080 $ 1,736,724 $900,000 2 4)
Key Colony Beach 109 $129,746 $ 14,142,347 16$
Islamorada 1,269 $ 60,877 $77,253,680 86$
TOTAL PARCELS 11,364- $40,664 $462,112,218
TOTAL 3,550 3,550 County wide including cities,with 1,970 units for unincorporated MC
ALLOCATIONS
PARCELS TO
PURCHASE 7,814 $40,664*** $317,748,496 $ 1,170,000 272**
(COUNTYWIDE)**
* The Monroe County Land Authority has historically allocated approximately 18% ($270,000/yr) of the Key West
ACSC portion of tourist impact tax revenue to the purchase of conservation and recreation lands. The remainder of
Key West ACSC tourist impact tax revenue has been allocated for the purchase of affordable housing sites.
** The total vacant parcels(11,364)less the 3,550 allocations available results in 7,814 parcels to purchase. At an
average cost of$40,664 it will take MC 272 years to acquire these parcels utilizing$1.17M(900,000+270,000).
*** This analysis assumes no growth in property value over time. Note property values could change exponentially.
Land values for each jurisdiction are divided by the$900,000 estimated funding figure.
STATE OF FLORIDA LAND ACQUISITION PAST & PRESENT
In recognition of its unique environment, public agencies at all levels (Federal, State and Local) have
aggressively pursued acquisition of conservation land throughout the Keys (Exhibit 1). The State of Florida
has invested significant resources in MC throughout the past 45 years. Unfortunately, State funding has not
been available for the Division of State Lands to continue its partnership with MC and purchase additional
preservation and conservation lands in the Keys since 2009.
Past State of Florida Division of State Lands Acquisition Strategy in Monroe County
State of Florida Total Total
Land Acquisition Programs Years Number of Acres Total Cost
Transactions
Land Acquisition Trust Fund 1966- 1979 100 1623.42 $ 12,097,641
Conservation&Recreation Land(CARL) 1982 - 1993 143 3028.64 $ 74,669,999
Trust Fund
Save Our Coast Trust Fund 1983 - 1993 4 39.03 $ 2,400,000
Preservation 2000(P-2000)Trust Fund 1993 -2002 798 3689.1 $ 73,687,905
Florida Forever Trust Fund 2002-2009 808 1192.45 $ 77,502,431 !
1853 9572.64 $ 240,357,976 j
Note: The analysis in this paper is limited to tax assessed value of parcels (December 2012 MC Property Appraiser data)and does not
consider:the future willingness of owners to sell; if the value assumed will be equal to the acquisition price;sufficiency of funds;if the
parcels have a marketable title;the suitability of public ownership of certain parcels;the feasibility and costs of managing parcels;etc.
2IPage Monroe County —October 2013
MC has developed maps and data which depict private, vacant parcels within the three Florida Keys Florida
Forever project boundaries (Exhibit 1). We are requesting several actions as a designated Area of Critical State
Concern to revitalize and maintain our partnership with the State of Florida in the area of land acquisition for
preservation, conservation and growth management to ensure the 24 hour hurricane evacuation clearance time is
maintained.
In April 2012, the Board of Trustees of the Internal Improvement Trust Fund approved the Florida Forever
Priority list for land acquisition projects. Three of the approved Climate Change Lands (CCL) Projects are in
the Florida Keys, including the top-ranked project in the category, the Florida Keys Ecosystem project. Also
within the CCL Projects are the 3rd and 6th ranked projects, the North Key Largo Hammocks project and the
Coupon Bight/Key Deer project. Both the Florida Keys Ecosystem Project and the Coupon Bight/Key Deer
project remain on the 2013 ARC recommended acquisition list and are ranked 1st and 5th respectively; however,
ARC did not include these two projects in the 2013-2014 Interim work Plan.
As originally adopted,these three Florida Keys CCL Projects(Exhibit 2)consisted of over 147,780 acres. In the
2012 Florida Forever project update, the Division of State Lands showed 11,076 acres remaining to be
purchased with a cumulative tax assessed value of$52,675,638.
Specifically,MC requests assistance and support in items outlined below:
1. Florida Forever Land Acquisition
Monroe County recognizes there are Florida Keys lands listed in the Board of Trustees Florida Forever list that
was approved on April 24, 2012. Existing Florida Forever projects in the Florida Keys consist of the following
Climate Change Lands(CCL)projects:
Florida Forever Projects in the Florida Keys(DEP data)
PROJECT NAME CATEGORY REMAINING ASSESSED
[RANK] ACRES* VALUE*
Florida Keys Ecosystem CCL [1] 8,571 $38,187,008
Coupon Bight/Key Deer CCL [5] 1,641 $9,142,863
North Key Largo Hammocks** CCL [3] 864 $5,345,767
Total $52,675,638
*As listed in the ARC Final Recommended 2013 Priority list December,2012
**The North Key Largo Hammocks project data is from the April 2012 Five Year Plan. This project was not included
in the ARC recommended priority list or the Interim Work Plan for 2013-2014.
As the importance of acquiring these lands for conservation has already been established, MC is requesting the
following actions:
a) Based on the established ecological significance and the role of these ecosystems in response to Climate
Change, we are requesting the Board of Trustees to fully fund the Florida Keys Ecosystem project in the
2013-2014 Interim Work Plan.
b) Request for ARC to add the Coupon Bight/Key Deer and North Key Largo Hammocks projects to their
Interim 2014-2015 Florida Forever Work Plan for Land Acquisition.
c) ARC and the Department of Environmental Protection evaluate additional Monroe County lands for
inclusion in the Florida Forever. The County is willing to attend the December 12 & 13 ARC meeting to
formally request the inclusion of these projects. Monroe County is home to 10 federally endangered
species with eight additional species being proposed for listing under the Endangered Species Act over the
next 2 years.
d) The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund,
approval of the list of priorities with the inclusion of the Monroe County lands in the 2013-2014 list.
3IPage Monroe County —October 2013
AVERAGE PARCEL APPROXIMATE LAND VALUE
AREA NO. VACANT PARCELS VALUE*** (December 2012
MC Property Appraiser data)
Key West ACSC* 104 $355,045 $ 36,924,754
Marathon 1,680 $ 49,845 $ 83,740,226
Layton 34 $ 51,080 $ 1,736,724
Key Colony Beach 109 $129,746 $ 14,142,347
Islamorada 1,269 $ 60,877 $ 77,253,680
Unincorporated MC 8,168
No Tier(ORCA, etc.) 235
oo ` Tier 1 3,979 $ 30,400 $ 248,314,487
Tier II 393
2, Tier III-A 260
Tier 111 3,301
TOTAL PARCELS 11,364 $40,664 $ 462,112,218
TOTAL ALLOCATIONS 3,550 3,550 County wide including cities, with 1,970 units for
unincorporated MC
PARCELS TO PURCHASE
(COUNTYWIDE)** 7,814 $40,664*** $317,748,496
APPROXIMATE ESTIMATED YEARS TO
NO. VACANT AVERAGE LAND VALUE FUNDING GENERATE THE
AREA PARCELS PARCEL (December 2012 Based on Historic Rates FUNDS EQUAL TO
VALUE*** MC Property Appraiser For Acquisition of THE TAX
data) Conservation Lands ASSESSED VALUE
Key West ACSC* 104 $355,045 $ 36,924,754 $ 270,000 137
Marathon 1,680 $ 49,845 $ 83,740,226 93 4)
Layton 34 $ 51,080 $ 1,736,724 2 +
Key Colony Beach 109 $129,746 $ 14,142,347 16 4'
Islamorada 1,269 $ 60,877 $ 77,253,680 $ 900,000 86 4'
Unincorporated MC 8,168
No Tier(ORCA, etc.) 235
oo r 42 Tier! 3,979 $ 30,400 $ 248,314,487 276 4'
e a ?)' Tier 1I 393
. a a. Tier 111-A 260
Tier III 3,301
TOTAL PARCELS 11,364 $40,664 $ 462,112,218
TOTAL ALLOCATIONS 3,550 3,550 County wide including cities, with 1,970 units for unincorporated MC
PARCELS TO
PURCHASE 7,814 $40,664*** $317,748,496 $ 1,170,000 272**
(COUNTYWIDE)**
* The Monroe County Land Authority has historically allocated approximately 18%($270,000/yr) of the Key West ACSC portion of tourist impact tax revenue to
the purchase of conservation and recreation lands. The remainder of Key West ACSC tourist impact tax revenue has been allocated for the purchase of
affordable housing sites.
** The total vacant parcels(11,364) less the 3,550 allocations available results in 7,814 parcels to purchase. At an average cost of$40,664 it will take MC 272
years to acquire these parcels utilizing$1.17M(900,000+270,000).
*** This analysis assumes no growth in property value over time. Note property values could change exponentially.
4 Land values for each jurisdiction are divided by the$900,000 estimated funding figure.
MONROE COUNTY '
9-
THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN
ISSUE
As a State of Florida designated Area of Critical Concern, Monroe County must follow and be consistent with
the Principles for Guiding Development(PGD) in Section 380.0552(7), F.S., including PGD(h)"Protecting the
value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments,
including: Key West Naval Air Station and other military facilities." To implement this PGD, there is need to
aggressively acquire vacant privately owned land to address critical growth management issues and to eliminate
potential encroachment threats to Naval Air Station Key West(NASKW).
REQUEST
Monroe County (MC) requests that the Florida Defense Task Force work with the County to develop an
acquisition list of private vacant land within the County's NASKW Military Installation Area of Impact(MIAI)
overlay that is not included within a Florida Forever project, for coordination for the exact buffer land to be
acquired. MC also requests DEO include private,vacant parcels within the NASKW MIAI on the annual list for
submittal to the Board of Trustees of the Internal Improvement Trust Fund.
Land Acquisition within NASKW Military Buffer Lands
In May 2012, the County adopted Military Compatibility criteria in the Comprehensive Plan, as required by
Sections 163.3177 and 163.3175, F.S., to address the compatibility of lands adjacent to or closely proximate to
military installations after working closely with NASKW (DEO issued a Notice of Intent to find the
amendments in compliance"). In summary,the Comprehensive Plan includes:
• Recognize existing property rights (density, intensity and land use established by the Future Land Use
Element and Future Land Use Map based upon the standards existing on the effective date of these
amendments)within the newly created Military Installation Area of Impact(MIAI)overlay to the FLUM
• Facilitate the exchange of information between Monroe County and Naval Air Station Key West
(NASKW).
• Demonstrate areas where development within those areas may create encroachment/compatibility issues
with the NASKW
On June 27, 2013, Governor Scott approved Senate Bill 1784 (Ch. 2013-222, L.O.F.) which amended Section
253.025 F.S., authorizing the Board of Trustees to acquire non-conservation lands to eliminate encroachment
threats to military installations. Senate Bill 1784 also amended §288.980 F.S., allowing the DEO to annually
submit a list of non-conservation lands to the Board of Trustees.
There are approximately 519 privately owned,vacant parcels(with an assessed value of$36,065,090)within the
County's adopted MIAI area (Table 1) which are not included within the project limits of the Florida Keys
Florida Forever Projects(see Exhibit 1). MC requests that the Department of Economic Opportunity(DEO)and
the Florida Defense Support Task Force assist in identifying the appropriate parcels for acquisition and
recommend to the Board of Trustees the prioritization and acquisition of vacant, privately owned lands within
the MIAI,for the purpose of buffering the NASKW Military Installation in accordance with §253.025 F.S..
All Florida Forever MIAI
& MIAI (Outside FF)
Private Vacant Parcels 8,168 45 519
Private Vacant Parcels(Acres) 8,722.73 420.72 532.17
Private Vacant Parcels $248,314,487 $109,854 $36,065,090
(2012 Assessed Value)
Alicia Roemmele-Putney
2150 No Name Drive
No Name Key, FL 330+3-5202
(305) 872-8888 — Home
(305) 30+-9212 — Cell
January 30, 2019 BOCC Special Meeting
Marathon,Florida,Agenda Items B-1,B-2 and B-3
ROGO Workshop -Direction to Staff
Background:
The 1986 Comprehensive Plan addressed the great potential for loss of life and property
damage from hurricanes and the difficulties of evacuation to safe shelters. The 1986 Plan
reported that evacuation to adequate shelters in Dade County would require a clearance time
of 34 hours.
In 1991,while we were writing our second Comprehensive Land Use Plan, an Interim
Development Agreement was passed by the BOCC as an emergency measure to slow down
growth until the County could get a handle on this life-threatening situation.
In 1992, after a series of workshops,the BOCC passed what became known as the Rate of
Growth Ordinance,which was based on public input, staff recommendations and the
direction of the County's Consultants WRT.
The 300 Units:
The 1992 Rate of Growth Ordinance is the backbone of growth management in the Keys and
needs to be protected.Accepting 300 additional ROGO allocations will open the door to
uncontrolled growth by destroying the heretofore legally defensible position of the Rate of
Growth Ordinance and will worsen the current tenuous safe evacuation of the Florida Keys.
The concept that all visitors, mobile home dwellers and the military will have 48 hours of
notice of a major storm is a far too dangerous policy to begin with, and,the concept of
expanding this early evacuation policy with newly created ROGO units flies in the face of
reason and logic.Why do something that will decrease the safety of resident and visitors of
the Florida Keys? It is simply a bad idea,which should be rejected.
Extension of ROGO Allocations:
The Rate of Growth Ordinance is a known entity. But,what happens when we reach build-
out is a completely unknown situation? The only prudent choice is to extend the ROGO
allocations we have for as long as it is feasible.
The 1992 Rate of Growth Ordinance reduced the historic rate of growth in Monroe County by
a little more than half(from 552 single family residential units per year to 255 single family
residential units per year). We could make an even more drastic reduction right now in 2019.
A reduction greater than fifty percent would extend the ROGO beyond 2026 and give the
County even more time to work out the necessary funding and acquisition schedules with all
three levels of government. Please give serious thought to this concept. Thank you.
4
i_
l�
744
LAST
STAND
protecting t e keys
Last Stand Comments to BOCC about ROGO Allocations, January 30, 2019
Last Stand urges you to not accept the 300 additional ROGOs and to extend the
present ROGO allocations to 2026.
Last Stand believes the existing ROGO system is reasonable, fair, and legally
defensible. However, we believe accepting the offered additional 300 ROGO units
would jeopardize public safety, exceed carrying capacity levels, and expose the County
to a barrage of legal challenges.
The foundation of the ROGO system is safe evacuation of permanent residents in the
event of an approaching hurricane. There is well-documented, scientific basis for the
established numbers, providing safe evacuation for all permanent residents.
In contrast, the offered 300 ROGO units sound good, but there is no scientific basis for
their acceptance. The offer comes with a requirement which cannot be enforced:
namely, early evacuation. Our recent experiences with Hurricane Michael in 2018 and
Hurricane Harvey in 2017 have shown very clearly that we cannot depend on a
prediction window of 48 hours prior to landfall of a big storm. And this disturbing fact
means many lives could be lost, should the BOCC decide to ignore established
development limits connected to safe hurricane evacuation as reflected in our current
ROGO.
For almost three decades, the BOCC has worked to craft Growth Management
regulations and programs to support reasonable development in our islands, all while
honoring private property rights, keeping legal challenges at bay, and protecting our
unique environment (which is essential to maintaining quality of life for residents and
sustaining the tourism economy).
Last Stand believes acceptance of the 300 ROGO units would result in three adverse
situations:
Placing existing residents at risk for hurricane evacuation;
Placing additional stress on already-burdened infrastructure and our fragile
environment; and
Opening the County to a barrage of legal challenges.
PO Box 146, Key West, FL 33041-0146
www.keyslaststand.org info@keyslaststand.org
,$
Last Stand Comments to BOCC about ROGO Allocations, January 30, 2019
Page 2
Shifting to the critical issue of making our existing ROGO allocations last longer, Last
Stand supports the proposal to extend the current ROGO allocations by three years to
2026. To do so would demonstrate good faith with the state and provide more time to
establish trust and negotiate an effective, comprehensive land acquisition funding
partnership.
Last Stand urges you to reject the offer of 300 additional ROGO units and to extend the
allocation window for current ROGOs to 2026.
Thank you for the opportunity to present our position.
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NEWS OF THE NEAR FUTURE
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HUNDREDS DIE AND THOUSANDS About NEWS OF THE NEAR FUTURE
This is not an actual news report. It is,
STRANDED AS HURRICANE SALLY (however.a realistic scenario based t)r on
reports by hurricane forecasting
SURPRISES THE FLORIDA KEYS experts about their inability to reliably
forecast rapid intensification of tropical
storms, and(2)expert computer
Thursday, 8 2022 modeling of the Florida Keys 48-hour,
Septembertwo phase evacuation plan. It was
BY SAMUEL DORIGHT prepared for illustrative purposes on
behalf of
At 3:00 a.m.on Labor Day,Hurricane Sally walloped the Villages of Islamorada in Friends of the Lower Keys(FOLKs).
the Florida Keys with 150 mph winds and a 6-foot storm surge. Making landfall only
24 hours after the first warning of a major hurricane,324 persons died as they were
swept from their stalled cars on portions of the roadway only 1 foot above sea level.
US I was clogged with cars and passengers for 80 miles while most of those
.
evacuating were forced to ride out the storm in their cars. With the washout of several
low lying bridges,emergency food,water,and fuel for generators are being flown in.
The humanitarian effort to serve the tens of thousands of people who could not
evacuate is unprecedented in the US.
"I'm devastated,"said County Commissioner Ostrich."Just like Harvey and Michael,Sally ' •
was only a tropical storm 48 hours before she hit. Why did we ignore all of the warnings • ': _
about the perils of counting on 48 hours'notice to implement our phased evacuation plan?" _r
1 .,
"It couldn't have come at a worse time,"said County Mayor Manatee. "This is the busiest
weekend of the hurricane season with 95% occupancy in the hotels and many second
homeowners in town." _
"48 hours ago we had no idea this was coming. Given our full hotels and only 24 hours' 1.J. 4
notice that this was going to be another big one,we told our guests to stay in their rooms, i ---at {
not to try to evacuate,because we knew the roads wouldn't handle them. For now we have
food and fuel for the generators,but what happens in a few days?" said Resilient Key West
Innkeeper. -
`"Atlantic Council Village Hospital Medical Director, Isabelle Importanto, told
RAPID INTENSIFICATION OF HURRICANES NNF, "Nobody listened when experts told the County
WINDSPE Commission that we couldn't bring more housing units to the
lb. (MPH Keys because we couldn't get that many more people out in
time."
Cf►T+ ,.
2c "We still have significant difficulty in forecasting rapidly
CAT 3 intensifying and rapidly weakening storms," observed Dan
C.AT 2 Brown,Meteorologist in charge of Warning Coordination at the
B° NHC.*\\
— MICHAEL(2018) "It's a forecaster's worst nightmare,"say Dr.Kerry Emanuel,a
—MARIA 1 '0
HARVEY professor of atmospheric sciences at the Massachusetts Institute
(20(2017) P
— SANDY(2012) of Technology,"to go to bed one evening with a tropical storm
—KATRINA(200S)
0 somewhere in the Gulf of Mexico and wake up the next morning
'°' uo % " LANDFALL 24 with a Category-4 storm just about to make landfall."**
HOURS UNTIL/AFTER LANDFALL
'Page 29 https://www.nhc.noaa.gov/outreachbresentations/NHC2017 IntensityChallenges.odt
htips://www.atlanticcouncif orgaIogs new-atlantiCistkap i intensification-of-hurricanes athreat-that-re res-resit ent-resp°nse&r•https//www sciencemap.org/news/2018/10/why-scientists-had-Vouble-oredicting.
hurricane-michael-s-rapid-intensification
Help stop this dangerous scenario
Email your County Commissioners and tell them Just Say NO to 1300 more ROGOs!
More info and BOCC email contacts at: www.friendsofthelowerkeys..org B