Item P4 P.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
June 19, 2019
Agenda Item Number: P.4
Agenda Item Summary #5606
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of an Ordinance by the
Monroe County Board of County Commissioners amending the Monroe County Land Development
Code Sections 138-24 and 139-1(a)(6)c. to allow for the award of affordable ROGO allocations to
Tier I, Tier II, Tier III and III-A for the redevelopment of lawfully existing ROGO exempt dwelling
units with a replacement affordable dwelling unit.
ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is
proposing a text amendment to Monroe County Land Development Code Sections 138-24 and 139-
1(a)(6)c. to allow for the award of ROGO allocations to Tier I, II and III-A for the redevelopment of
lawfully existing ROGO exempt dwelling units with a replacement affordable dwelling unit.
On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage
occurred to the housing stock, particularly in areas with lower cost housing options for members of
the local workforce. Due to the need to rebuild a substantial number of homes throughout the
County, and the objective to maintain affordability while rebuilding a resilient housing stock, both
private and public agencies and property owners are engaged in redevelopment activities that may
require or benefit from the transfer of market rate ROGO exemptions away from storm-damaged
sites, and the award of affordable ROGO allocations onto Tier I and III-A designated parcels for the
purpose of rebuilding damaged homes. Potential motivation to transfer market rate ROGO
exemptions includes, but is not limited to: The need to replace market rate ROGO exemptions with
affordable ROGO allocations, regardless of Tier designation, may include, but is not limited to:
availability of funding for specific project types and locations; opportunities to replace market rate
housing with deed restricted affordable housing to maintain workforce housing stock; and the
potential to leverage market rate ROGO transfers in order to fund efforts to reconstruct affordable
units. The ability to replace a lawfully established dwelling unit with a deed restricted affordable
dwelling unit that has secured an affordable ROGO allocation award bolsters efforts to maintain
affordability while rebuilding resilient housing stock. Current policies within the Land Development
Code do not allow for the award of affordable ROGO allocations to Tier I, II or Tier III-A
designated parcels. Affordable ROGO allocation awards are currently restricted to land with Tier II
and III designations.
Packet Pg. 1509
P.4
On April 19, 2018, at the regularly scheduled Board of County Commissioners meeting, the BOCC
gave direction to staff to process proposed text amendments to the Comprehensive Plan and Land
Development Code to incentivize the development of affordable housing by allowing the issuance of
affordable housing ROGO allocations to Tier I and Tier III-A designated parcels in order to replace
market rate dwelling units with a deed-restricted affordable housing dwelling units.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b), a community meeting was held on June 26, 2018 at
5:30 PM to discuss the proposed Comprehensive Plan and Land Development text amendments, and
to provide for public participation.
Development Review Committee and Public Input
At a regular meeting held on July 24, 2018, the Development Review Committee (DRC) considered
the proposed Comprehensive Plan text amendment and corresponding Land Development text
amendment, and provided for public comment.
Planning Commission and Public Input
At a regular meeting held on September 26, 2018, the Planning Commission (PC) recommended
approval of the proposed text amendment through PC Resolution P30-18 and provided for public
comment.
PREVIOUS RELEVANT BOCC ACTION:
On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016
providing 33 recommendations to the Board of County Commissioners on the issues included in
their charge.
On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted
Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
studies to support and inclusionary housing requirement to cover transient and commercial
development as well as requested staff to schedule a special meeting to discuss the remaining
recommendations.
At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33
recommendations provided by the Affordable Housing Advisory Committee and directed staff to
research certain items, implement certain items and process amendments to the land development
code.
On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe
County Code Section 139-2 (affordable housing incentive program), as recommended by the
Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile
homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district
and within the same ROGO planning subarea for the development of single family detached
dwelling units.
On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017, to defer the
Packet Pg. 1510
P.4
approval of new private applications or received applications that have not been fully approved
utilizing Monroe County Code Section 139-2 (affordable housing incentive program) to transfer
ROGO exemptions from mobile homes to another location, or Section 138-22(b) to transfer off-site
market rate units to another location, commencing March 15, 2017, until the Land Development
Code is amended to limit the transfer of ROGO exemptions from mobile homes to only Tier III
designated platted lots within the Improved Subdivision (IS) land use district or the Urban
Residential Mobile- Home (URM) land use district and within the same ROGO planning subarea for
the development of single family detached dwelling units and the receiver property shall not be a
working waterfront; as recommended of the Affordable Housing Advisory Committee and the
BOCC; providing for expiration within 365 days of the effective date of the interim development
ordinance or when the land development code amendments become effective, whichever comes first.
Ordinance 011-2017 is due to expire on October 27, 2018.
At the July 18, 2018 regularly scheduled BOCC meeting in Marathon, the BOCC adopted
Resolution 203-2018 that reduced the scope of interim development Ordinance 011-2017 to allow
the transfer of market rate ROGO allocations to single family properties with IS or URM zoning
only. The currently proposed amendment, when combined with the transfer of a market rate ROGO
allocation, may incentivize the development of affordable housing by allowing the issuance of
affordable housing ROGO allocations to Tier I and Tier III-A designated parcels in order to replace
market rate dwelling units with a deed-restricted affordable housing dwelling units and allow the
transfer of the market rate ROGO for use elsewhere.
The award of an Affordable ROGO allocation under the currently proposed amendment, when
combined with the transfer of a market rate ROGO allocation, may incentivize the development of
affordable housing (on redeveloping properties) by allowing the issuance of affordable housing
ROGO allocations to Tier I and Tier III-A designated parcels in order to replace market rate
dwelling units with a deed-restricted affordable housing dwelling units and allow the transfer of the
market rate ROGO for use elsewhere.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2018-108_Staff Report_BOCC_06.19.19
PC Resolution P30-18
Ordinance
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Packet Pg. 1511
P.4
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 05/31/2019 12:17 AM
Assistant County Administrator Christine Hurley Completed
05/31/2019 10:33 AM
Steve Williams Completed 06/03/2019 4:03 PM
Maureen Proffitt Completed 06/03/2019 4:09 PM
Budget and Finance Completed 06/03/2019 4:17 PM
Maria Slavik Completed 06/04/2019 7:48 AM
Kathy Peters Completed 06/04/2019 9:30 AM
Board of County Commissioners Pending 06/19/2019 9:00 AM
Packet Pg. 1512
P.4.a
3 "
4 MEMORANDUM 'G
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
ILI
7 3
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources °'
11
12 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
13
14 Date: May 28, 2019 X
15 0
16 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the
17 Monroe County Land Development Code Sections 138-24 and 139-1(a)(6)c. to allow for E
18 the award of ROGO allocations to Tier I, Tier II, Tier III and III-A for the redevelopment
19 of lawfully existing ROGO exempt dwelling units with a replacement affordable dwelling
20 unit. (File 2018-108)
e
21
0
22 Meeting: June 19, 2019
CL
23 '0
24 I. REQUEST
25 a
26 The Monroe County Planning & Environmental Resources Department is proposing a text amendment to
27 Monroe County Land Development Code Sections 138-24 and 139-1(a)(6)c. to allow for the award of
28 ROGO allocations to Tier I, II and III-A for the redevelopment of lawfully existing ROGO exempt .2
29 dwelling units with a replacement affordable dwelling unit.
30
31 IL BACKGROUND INFORMATION
CD
32
33 On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage occurred CD 1
34 to the housing stock, particularly in areas with lower cost housing options for members of the local U
35 workforce. Due to the need to rebuild a substantial number of homes throughout the County, and the 0
36 objective to maintain affordability while rebuilding a resilient housing stock, both private and public
37 agencies and property owners are engaged in redevelopment activities that may require or benefit from 0
38 the transfer of market rate ROGO exemptions away from storm-damaged sites,and the award of affordable W
39 ROGO allocations onto Tier I and III-A designated parcels for the purpose of rebuilding damaged homes.
40 Potential motivation to transfer market rate ROGO exemptions includes,but is not limited to: The need to co
41 replace market rate ROGO exemptions with affordable ROGO allocations,regardless of Tier designation, Go
42 may include, but is not limited to: availability of funding for specific project types and locations;
Go
43 opportunities to replace market rate housing with deed restricted affordable housing to maintain workforce CD
44 housing stock; and the potential to leverage market rate ROGO transfers in order to fund efforts to
45 reconstruct affordable units. The ability to replace a lawfully established dwelling unit with a deed a)
46 restricted affordable dwelling unit that has secured an affordable ROGO allocation award bolsters efforts
BOCC SR 06.19.19 Page 1 of 18
File No. 2018-108
Packet Pg. 1513
P.4.a
1 to maintain affordability while rebuilding resilient housing stock. Current policies within the Land
2 Development Code do not allow for the award of affordable ROGO allocations to Tier I, II or Tier III-A
3 designated parcels. Affordable ROGO allocation awards are currently restricted to land with Tier II and
4 III designations.
5
6 On April 19, 2018, at the regularly scheduled Board of County Commissioners meeting, the BOCC gave
7 direction to staff to process proposed text amendments to the Comprehensive Plan and Land Development
8 Code to incentivize the development of affordable housing by allowing the issuance of affordable housing 2
9 ROGO allocations to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units
10 with a deed-restricted affordable housing dwelling units. 0
11 �
12 Community Meeting and Public Participation 0
13 In accordance with LDC Section 102-159(b), a community meeting was held on June 26, 2018 at 5:30
14 PM to discuss the proposed Comprehensive Plan and Land Development text amendments, and to provide X
15 for public participation. -
16
17 Development Review Committee and Public Input E
18 At a regular meeting held on July 24, 2018, the Development Review Committee (DRC) considered the
19 proposed Comprehensive Plan text amendment and corresponding Land Development text amendment,
20 and provided for public comment.
21
22 Planning Commission and Public Input g
23 At a regular meeting held on September 26, 2018,the Planning Commission(PC)recommended approval 0
24 of the proposed text amendment, with changes, through PC Resolution P30-18 and provided for public
25 comment.
26
27 The Planning Commission recommended that if the provisions of this text amendment are used for
28 multiple units on one site, the income categories for the replacement affordable units should maintain
29 consistency of the ratio of moderate income to very low,low and median income that are available within
30 the affordable ROGO pool at that time. Staff understands the Planning Commission's desire to encourage W
31 the development of affordable housing within all income categories; however, given administrative
32 challenges and the fact that the current Code allows the Planning Commission to adjust the ratio within
33 the affordable ROGO pool at any time, staff does not recommend adding this condition.
34
35 PREVIOUS RELEVANT BOCC ACTION:
36 On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016 providing i
37 33 recommendations to the Board of County Commissioners on the issues included in their charge.
38
39 On August 17,2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution
40 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support
41 and inclusionary housing requirement to cover transient and commercial development as well as 001
42 requested staff to schedule a special meeting to discuss the remaining recommendations.
4300
44 At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations N
45 provided by the Affordable Housing Advisory Committee and directed staff to research certain items,
46 implement certain items and process amendments to the land development code. E
c�
BOCC SR 06.19.19 Page 2 of 18
File No. 2018-108
Packet Pg. 1514
P.4.a
1
2 On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe
3 County Code Section 139-2(affordable housing incentive program), as recommended by the Affordable
4 Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only
5 tier III designated platted lots within the Improved Subdivision (IS)land use district and within the same c
6 ROGO planning subarea for the development of single family detached dwelling units.
7
8 On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017,to defer the approval of
9 new private applications or received applications that have not been fully approved utilizing Monroe
10 County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from 0
11 mobile homes to another location, or Section 138-22(b) to transfer off-site market rate units to another
12 location,commencing March 15,2017,until the Land Development Code is amended to limit the transfer
13 of ROGO exemptions from mobile homes to only Tier III designated platted lots within the Improved
14 Subdivision (IS) land use district or the Urban Residential Mobile- Home (URM) land use district and X
15 within the same ROGO planning subarea for the development of single family detached dwelling units
16 and the receiver property shall not be a working waterfront; as recommended of the Affordable Housing
17 Advisory Committee and the BOCC; providing for expiration within 365 days of the effective date E
18 of the interim development ordinance or when the land development code amendments become effective,
19 whichever comes first. Ordinance 011-2017 is due to expire on October 27, 2018.
20
21 At the July 18, 2018 regularly scheduled BOCC meeting in Marathon, the BOCC adopted Resolution
22 203-2018 that reduced the scope of interim development Ordinance 011-2017 to allow the transfer of 2
23 market rate ROGO allocations to single family properties with IS or URM zoning only. The currently 0
24 proposed amendment, when combined with the transfer of a market rate ROGO allocation, may
25 incentivize the development of affordable housing by allowing the issuance of affordable housing ROGO
26 allocations to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units with
27 a deed-restricted affordable housing dwelling units and allow the transfer of the market rate ROGO for
28 use elsewhere.
29
30 The award of an Affordable ROGO allocation under the currently proposed amendment, when combined a�
31 with the transfer of a market rate ROGO allocation, may incentivize the development of affordable
32 housing (on redeveloping properties) by allowing the issuance of affordable housing ROGO allocations
33 to Tier I and Tier III-A designated parcels in order to replace market rate dwelling units with a deed- 6
34 restricted affordable housing dwelling units and allow the transfer of the market rate ROGO for use
35 elsewhere.
0
36 co 1
37 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT 1�
0
38
39 Proposed Amendment(deletions are sekeii �ht:eeo; additions are shown in underlined):
40
41 Sec. 138-24. Residential ROGO Allocations. 0�
42 ***** 17
00
43 (a) Number of available annual residential ROGO allocations. The number of market rate residential
44 ROGO allocations available in each subarea of the unincorporated county and the total number of N
45 affordable residential ROGO allocations available countywide shall be as follows:
46 E
BOCC SR 06.19.19 Page 3 of 18
File No. 2018-108
Packet Pg. 1515
P.4.a
2 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate
3 residential ROGO allocations available per ROGO year. Affordable ROGO allocations shall be
4 available for countywide allocation except for Big Pine Key and No Name Key. The allocations
5 for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine Key/No
6 Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat Conservation Plan.
7
8 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market 2
9 rate housing residential ROGO allocations available per ROGO quarter determined by the
10 following formula: 0
11 a. Market rate residential ROGO allocations available in each subarea per quarter is equal
CD
12 to the market rate residential ROGO allocations available in each subarea divided by four. S
A
13 b. Affordable housing residential ROGO for all four ROGO quarters, including the 0
4-
14 allocations available for Big Pine Key, shall be made available at the beginning of the first c
15 quarter for a ROGO year. Beginning July 13, 2016, the balance of all remaining affordable a
16 housing residential ROGO allocations shall be made available for award.
17
18 *****
19 (4)Big Pine Key and No Name Key.
20 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
21 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable
22 CommuniKeys Plan(LCP)for the Florida Key Deer and other covered species,which may
23 affect ROGO allocations under this article.
24
25 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
26 permit allocations that may be awarded in Tier I shall be no more than one (1) every 2 .2
27 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner
28 attempting to develop his property may be granted an allocation through the ROGO process
29 that may be used once that property owner obtains all required permits and authorizations
30 required under the Endangered Species Act and other applicable federal and state laws.
31 The allocation will remain valid so long as the applicant diligently and in good faith
32 continues to work with USFWS to conclude the coordination and pick up a building permit.
33 0
34 (5)Limit on number of allocation awards in Tier L �i
0
0.
35 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall 0
36 be no more than one(1) every two (2) years.
37 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more i
00
38 than three(3). CD
00
39 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more
40 than three(3).
41 *****
42
BOCC SR 06.19.19 Page 4 of 18
File No. 2018-108
Packet Pg. 1516
P.4.a
1 (c)Affordable housing allocation awards and eligibility.
2 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
3 (2) Any portion of the affordable housing allocation not used for affordable housing at the end of
4 a ROGO year shall be made available for affordable housing for the next ROGO year.
5 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
6 designated area, within a V-zone on the county's flood insurance rating map, or within a Tier III-
7 A (special protection area) designated area.
8 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable housing
9 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of the
10 following criteria: A
11 X
4-
12 a. The property contains an existing market rate dwelling unit that meets the criteria in
r-
13 LDC Section 138-22(a) and is determined to be exempt from ROGO; 0
14 b. The proposed replacement affordable dwelling unit meets current Florida Building
15 Code and is not a mobile home;
a�
16 c. The proposed replacement dwelling unit shall be deed restricted for a period of at
17 least 99 years as affordable housing pursuant to the standards of the Land
18 Development Code,
19 d. The proposed site plan for the replacement affordable dwelling unit does not propose
20 any additional clearing of habitat; and
21 e. The structure is not proposed to be within a V-zone on the county's flood insurance
22 rating map
23
24 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
25 affordable housing allocation may be used on No Name Key.
26
27 *****
28 Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
29 Sec. 139-1. Affordable and Employee Housing; Administration.
0
30 (a) Generally.
31 ***** c
32 (6) In order for the owner of a parcel of land to be entitled to the incentives for affordable or
33 employee housing outlined in this section and Chapter 138, Articles II and III, the owner must
34 ensure that: Wi
00
35 ***** 17
00
36 e. The parcel of land proposed for development of affordable or employee housing shall
37 only be located within a tier III designated area of = ,its if a Tief Tr ^ (special r teet o c"
38
39 habitat patehfone aefe of gfeallef in afea.
BOCC SR 06.19.19 Page 5 of 18
File No. 2018-108
Packet Pg. 1517
P.4.a
1
2 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
3 housing ROGO allocations may be awarded to properties within any tier, provided all of
4 the following criteria is met:
5
6 a. The property contains an existing market rate dwelling unit that meets the criteria in
7 LDC Section 138-22(a) and is determined to be exempt from ROGO;
8 b. The proposed replacement affordable dwelling unit meets current Florida Building
9 Code and is not a mobile home,
10 c. The proposed replacement dwelling unit shall be deed restricted for a period of at E
11 least 99 years as affordable housing pursuant to the standards of the Land
12 Development Code, A
X
13 d. The proposed site plan for the replacement affordable dwelling unit does not propose 40
14 any additional clearing of habitat, and
15 e. The structure is not proposed to be within a V-zone on the county's flood insurance E
16 rating maw
17
18 The BOCC will be balancing the demonstrated need for affordable and resilient housing while minimizing
19 impacts to environmental resources as they consider the proposed amendment.
20
21 IV.CONSISTENCY WITH THE MONROE COUNTY 2030 COMPREHENSIVE PLAN, THE
22 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
23
24 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
25 County 2030 Comprehensive Plan. Specifically,it furthers:
26 U)
27 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 0
28 safety of County residents and visitors, and protect valuable natural resources.
29
30 Objective 101.2: As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and
31 Rule 28-20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County i
32 shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate
�s
33 with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has
34 been adopted between the County and all the municipalities and the State agencies.
35
36 Objective 101.3: Monroe County shall regulate new residential development based upon the finite a�
37 carrying capacity of the natural and man-made systems and the growth capacity while maintaining
38 a maximum hurricane evacuation clearance time of 24 hours.
39 Q
40 Policy 101.3.3: Monroe County shall allocate at least 20% of the annual allocation, or as may be 00
41 established by the State of Florida, pursuant to Administration Commission Rules, to affordable Q
42 housing units as part of ROGO. Any portion of the allocations not used for affordable housing
43 shall be retained and be made available for affordable housing from ROGO year to ROGO year. 0
44 Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy
BOCC SR 06.19.19 Page 6 of 18
File No. 2018-108
Packet Pg. 1518
P.4.a
1 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential
2 Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing
3 shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier
4 III-A Special Protection Area as set forth in Policy 205.1.1.
5
6 Policy 101.3.10: Notwithstanding any other provision of the Plan, ROGO allocations utilized for
7 affordable housing projects may be pooled and transferred between ROGO subareas, excluding
8 the Big Pine/No Name Keys ROGO subarea, and between local government jurisdictions within
9 the Florida Keys Area of Critical State Concern (ACSC). Any such transfer between local
10 government jurisdictions must be accomplished through an interlocal agreement between the 0
11 sending and receiving local governments.
12 E,
13 Policy 101.5.25
14 Monroe County hereby adopts the following density and intensity standards for the future land X
15 use categories, which are shown on the FLUM and described in Policies 101.5.1 101.5.20. -
16 [F.S. § 163.3177(6)(a)l.]
17 E
18
19
20
Future Land Use Densities and Intensities 2
Residential Nonresidential Minimum 0
Future Land Use Category and Maximum Net OpenDensityMaximum Open Space
Corresponding Zoning (a) Density(a)@) Intensity Ratio W
(per upland acre) (her buildable (floor area ratio) `J
acre)
griculture/Aquaculture Per 0
(A)(a) 0 du N/A 0.25 underlying T
0 rooms/spaces N/A >
(no directly corresponding zoning) zoning
Airport(AD) 0 du N/A 0.10 0.20
(AD zoning) 0 rooms/spaces N/A
Commercial(COMM) 0 du N/A
(C1 and C2 zoning) 0 rooms/spaces N/A 0.15-0.50 0.20
Conservation(C) 0 du N/A
0.05 0.90
(CD zoning) 0 rooms/spaces N/A
Education(E)(a) 0 du N/A 030 Per underlying
. o00�
(no directly corresponding zoning) 0 rooms/spaces N/A zoning
Industrial(I) 1 du 2 du 0.25-0.60 0.20 C
(I and MI zoning) 0 rooms/spaces N/A
Institutional(INS)(a) 0 du N/A 0.30 Per underlying
(no directly corresponding zoning) 15 rooms/spaces 24 rooms/spaces zoning
Mainland Native(MN) 0.01 du N/A 0.95 0.99 00
(MN zoning) 2 spaces(e) N/A 0.03
00
Military(M) 6 du 12 du 0.30-0.50 0.20 CD
(MF zoning) 10 rooms/spaces 20 rooms/spaces C14
Mixed Use/Commercial 1 du 2 du(MI) 0.10 0.45
(MC)0(g) (DR,MU,MI) 6-18 du(SC)(k) (SC,UC,DR,
E
(SC,UC,DR,RV,MU and MI zoning) 3 du(SC) 12 du(UC) MU) ca
BOCC SR 06.19.19 Page 7 of 18
File No. 2018-108
Packet Pg. 1519
P.4.a
6 du(UC) 12-18 du(MU)
Commercial 18 du(DR) <2,500 SF(RV) 0.20
Apartments
(RV)N 10-25 0.30-0.60(MI)
rooms/spaces
5-15
rooms/spaces
1 du 12 du(CFA,
(CFSD-20)(1) CFSD)
Mixed Use/Commercial Fishing(MCF) 3 du(CFA all
(CFA CFV CFSD zoning) other CFSD) N/A(CFV)
1 du/lot(CFV) 0.25-0.40 0.20
cm
0 rooms/spaces
N/A E
Preservation(P)(a) 0 du N/A
(P zoning) 0 rooms/spaces N/A 0 1.00 X
Public Buildings/Lands 0 du N/A -
(PB)(a) 0.30 Per underlying 0
(no directly corresponding zoning) 0 rooms/spaces N/A zoning
E
Public Facilities(PF)(a) 0 du N/A 0.30 Per underlying 0
(no directly corresponding zoning) 0 rooms/spaces N/A zoning 2
CL
Recreation(R) 0 du N/A 0.20 0.90
(PR zoning) 2 rooms/spaces N/A
0-0.10 du(OS)
Residential Conservation(RC) 0.25 du(NA) N/A 0-0.20 0.95 0.
(OS and NA zoning) 0 rooms/spaces N/A 0
3 du(SR-L)
0.50 du 5 du(SR)
Residential Low(RL) or 0.50(SR, SR-
1 du/lot(SR) 0.25 L)
(SS, SR and SR-L zoning) N/A(SS) 0.80(SS)
0 rooms/spaces �s
N/A >
1 du/lot(IS,IS-V, N/A
Residential Medium(RM) IS-M)
(IS,IS-V,IS-M and IS-D 0)zoning) 2 du/lot(IS-D)
0 rooms/spaces N/A 0 0.20
6 du(UR)
12-25 du(UR)
ld U ot(URM,RM-L) N/A(IS-D,URM, 0
Residential High(RH) URM-L)
(IS-D 0),URM,URM-L and UR zoning) 2 du/lot(IS-D)
0
0 10 0 20 0 0.20 C
rooms/spaces rooms/spaces
Notes:
cis
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the 0�
maximum net density bonuses shall not be available.
(b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable 00
housing development. TDRs can be utilized to attain the density between the allocated density standard up to the
maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density 4i
without the use of TDRs. "N/A"means that maximum net density bonuses shall not be available. Buildable acres
,means the portion of a parcel of land that is developable and is not required open space. E
ca
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(c) Additional open space requirements may apply based on environmental protection criteria;in these cases,the most
restrictive requirement shall apply. W
(d) Future land use categories of Agriculture/Aquaculture,Education,Institutional,Preservation,Public 2
Buildings/Lands, and Public Facilities,which have no directly corresponding zoning,may be used with new or existing M
zoning districts as appropriate.
(e) Within the Mainland Native future land use district,campground spaces and nonresidential buildings shall only be
ermitted for educational,research or sanitary purposes.
(f) For properties consisting of hammocks,pinelands or disturbed wetlands within the Mixed Use/Commercial and
Mixed Use/Commercial Fishing future land use categories,the maximum floor area ratio shall be 0.10 and the
maximum net density bonuses shall not be available.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future 0
land use category. Working waterfront and water dependent uses, such as marina, fish house/market,boat repair,boat
wilding,boat storage, or other similar uses, shall comprise a minimum of 35%of the upland area of the property, E
adjacent to the shoreline,pursuant to Policy 101.5.6.
(h) In the RV zoning district,commercial apartments shall be allowed,not to exceed 10% of total spaces allowed or A
in existence on the site,whichever is less. 0
(i) The allocated density for the CFSD-20 zoning district(Little Torch Key)shall be 1 dwelling unit per acre, or 1 0
dwelling unit per parcel for those parcels existing as of September 15, 1986,whichever is less, and the maximum net r_
density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential E
uses and intensity(i.e., density and intensity shall not be counted cumulatively).
(j) Within IS subdivisions with primarily single family residential units,IS-D zoning may be used with a RM future
CL
land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986.
(k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable
acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. g
For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project C
with a maximum net density not exceeding 18 du/buildable acre.
(1) Vessels,including live-aboard vessels, or associated wet slips are not considered dwelling units and do not count
when calculating density.
(m) Within the Residential Low future land use category,the maximum net density for platted lots of less than 0.40 .�
gross acres within the SR zoning district shall be 1 dwelling unit per platted lot,provided all of the following
conditions are met: .2
1) c
1) The parcel must be one full platted lot shown on a plat approved by the County and duly recorded prior to January A
2, 1996; 0
2) The platted lot may not be identified for any other use or purpose on the plat(e.g., "park," "common area," etc.);
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Policy 101.13.2,the maximum net density may only be reached with the transfer of one (1) full
TDR to the SR lot,regardless of the size of the lot and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Policy 101.13.3 and Section 130-160 of the Land
Development Code;
0
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or greater; and
7) The subject parcel must comply with
Policy 301.2.5 regarding legal access.
1
2 Policy 101.6.2
3 In order to encourage a compact form of residential growth that results in infill development in 001
CD
4 platted, improved subdivisions, the Point System shall be primarily based on the Tier system of 17
00
5 land classification as set forth under Goal 105. To discourage and limit further growth in Tier I
CD
6 designated areas, the annual maximum number of residential permit allocations that may be
7 awarded in Tier I shall be no more than three (3) each in the Upper and Lower ROGO subareas.
E
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1 Other criteria and corresponding points are allocated to encourage development to the most
2 appropriate locations and discourage development from inappropriate locations.
3
4 In the Big Pine Key/No Name Key subarea the annual maximum number of residential permit
5 allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This
6 provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and
7 amended Habitat Conservation Plan (HCP)/Livable CommuniKeys Plan (LCP) to cover the
8 properties within CBRS system units in the subarea; as well as an amended FEMA Biological 2
9 Opinion by USFWS to cover properties outside the CBRS system units in the subarea. Until the
10 ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his 0
11 property may be granted an allocation through the ROGO process that may be used once that
12 property owner obtains all required permits and authorizations required under the Endangered E,
13 Species Act and other applicable federal and state laws. The allocation will remain valid so long
14 as the applicant diligently and in good faith continues to work with USFWS to conclude the X
15 coordination and pick up a building permit. -
16
17 Policy 101.6.3 E
18 In order to encourage a compact form of nonresidential growth,the Point System shall be primarily
19 based on the Tier system of land classification as set forth under Goal 105. To discourage and limit
20 further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new W
21 nonresidential development primarily to areas designated as Tier III under Goal 105, not areas
22 designated as a Special Protection Area (Tier III-A) and provide incentives for redevelopment of 2
23 existing developed and vacant infill sites. Other criteria and corresponding points are available to 0
24 encourage development to the most appropriate locations and discourage development from
25 inappropriate locations. (See Policy 101.4.1.)
26
27 Policy 101.6.8
28 Monroe County shall maintain a Transfer of ROGO Exemption (TRE)program, that allows for
29 the transfer off-site of dwelling units, hotel rooms, campground/recreational vehicle spaces
30 and/or mobile homes to another site in the same ROGO subarea, provided that they are
31 lawfully existing and can be accounted for in the County's hurricane evacuation model.
32 Dwelling units may be transferred as follows:
33 a. between sites in the Upper Keys ROGO subarea;
34 b. between sites in the Lower Keys ROGO subarea; �s
35 c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i
36 i. units from the Big Pine Key and No Name Key ROGO subarea may also be
37 transferred to the Lower Keys ROGO subarea.
38
39 No sender units may be transferred to an area where there are inadequate facilities and
40 services. 001
41 17
00
42 Sender Site Criteria:
N
43 1. Contains a documented lawfully-established sender unit recognized by the County; and
44 2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's E
45 Military Installation Area of Impact (MIAI) Overlay.
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1
2 Receiver Site Criteria:
as
3 1. The Future Land Use category and Land Use (Zoning) District must allow the requested
4 use;
5 2. Must meet the adopted density standards;
6 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
7 wastewater meeting adopted LOS, paved roads, etc.);
8 4. Located within a Tier III designated area; and
9 5. Structures are not located in a velocity (V) zone or within a CBRS unit. a�
10
11 Policy 101.13.2 0
12 The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not
13 exceed the maximum densities established in this Plan. TDRs may be utilized to attain the density X
14 between the allocated density standard up to the maximum net density standard. Deed restricted
15 affordable dwelling units may be developed up to the maximum net density without the use of
16 TDRs. The assignment of TDRs to Big Pine Key,No Name Key, and North Key Largo from other 0
E
17 areas of the County shall be prohibited.
18
19 Policy 105.1.5
20 Monroe County shall maintain a residential permit allocation system that directs the
21 preponderance of future residential development to areas designated as Tier III in accordance
22 with Policy 105.6.4. 0
23 Objective 105.2
24 Monroe County shall maintain, with assistance of the state and federal governments, a 20-year
25 Land Acquisition Program to: 1) secure funding for environmentally sensitive lands; 2) retire
26 development rights on privately-owned vacant lands to limit further sprawl and equitably balance
27 the rights of property owners with the long-term sustainability of the Keys man-made and natural
28 systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes
29 the finite limits of the carrying capacity of the natural and man-made systems in the Florida Keys
30 to continually accommodate further development and the need for the significant expansion of the
31 public acquisition of vacant developable lands and development rights to equitably balance the
32 rights and expectations of property owners. This includes the recognition that Monroe County must
33 ensure public safety through the ability to maintain a 24-hour hurricane evacuation clearance time.
34 0
35 Policy 105.2.1
36 Monroe County shall designate all lands outside of mainland Monroe County, except for the
37 Ocean Reef planned development, into three general categories for purposes of its Land
38 Acquisition Program and smart growth initiatives in accordance with the criteria in Policy
39 205.1.1. These three categories are: Natural Area(Tier 1); Transition and Sprawl Reduction Area
40 (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, Q
41 general characteristics, and growth management approaches associated with each tier are as 00
42 follows:
43 1. Natural Area(Tier I): Any defined geographic area where all or a significant portion of
44 the land area is characterized as environmentally sensitive by the policies of this Plan
c�
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1 and applicable habitat conservation plan, is to be designated as a Natural Area. New
2 development on vacant land is to be severely restricted and privately owned vacant lands
3 are to be acquired or development rights retired for resource conservation and passive
4 recreation purposes. However, this does not preclude provisions of infrastructure for
5 existing development. Within the Natural Area designation are typically found lands
6 within the acquisition boundaries of federal and state resource conservation and park
7 areas, including isolated platted subdivisions; and privately-owned vacant lands with
8 sensitive environmental features outside these acquisition areas. 2
9
10 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big
11 Pine Key and No Name Key, where scattered groups and fragments of environmentally E
12 sensitive lands, as defined by this Plan, may be found and where existing platted
13 subdivisions are not predominately developed, not served by complete infrastructure ,
14 facilities, or not within close proximity to established commercial areas, is to be 0
15 designated as a Transition and Sprawl Reduction Area. New development is to be 0
16 discouraged and privately owned vacant lands acquired or development rights retired to
17 reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent E
18 further encroachment on sensitive natural resources. Within a Transition and Sprawl
19 Reduction Area are typically found: scattered small nonresidential development and
20 platted subdivisions with less than 50 percent of the lots developed; incomplete
21 infrastructure in terms of paved roads, potable water, or electricity; and scattered
22 clusters of environmentally sensitive lands, some of which are within or in close
23 proximity to existing platted subdivisions.
24 �s
25 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land
26 area is not characterized as environmentally sensitive as defined by this Plan, except for
27 dispersed and isolated fragments of environmentally sensitive lands of less than four
28 acres in area, where existing platted subdivisions are substantially developed, served by
29 complete infrastructure facilities, and within close proximity to established commercial
30 areas, or where a concentration of nonresidential uses exists, is to be designated as an
31 Infill Area. New development and redevelopment are to be highly encouraged, except
32 within tropical hardwood hammock or pineland patches of an acre or more in area,
33 where development is to be discouraged. Within an Infill Area are typically found: �i
34 platted subdivisions with 50 percent or more developed lots situated in areas with few �s
35 sensitive environmental features; full range of available public infrastructure in terms CO
36 of paved roads, potable water, and electricity; and concentrations of commercial and 1�
37 other nonresidential uses within close proximity. In some Infill Areas, a mix of
38 nonresidential and high-density residential uses (generally 8 units or more per acre)may
39 also be found that form a Community Center.
4000
41 Policy 205.1.1CD
42 The County shall establish the following criteria, at a minimum, to use when designating Tiers: Ir-
00
CD
43 [F.S. § 163.3177(6)d.2.d., h.] N
44 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based
45 on following criteria:
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1 • Natural areas including old and new growth upland native vegetated areas, above 4 acres
2 in area.
3 • Vacant land which can be restored to connect upland native habitat patches and reduce
4 further fragmentation of upland native habitat.
5 • Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by
6 appropriate special species studies, between natural areas and development to reduce
7 secondary impacts; canals or roadways, depending on size may form a boundary that
8 removes the need for the buffer or reduces its depth. 2
9 • Lands designated for acquisition by public agencies for conservation and natural resource
a�
10 protection.
11 • Known locations of threatened and endangered species. E
12 • Lands designated as Conservation and Residential Conservation on the Future Land Use
13 Map or within a buffer/restoration area as appropriate. ,
14 • Areas with minimal existing development and infrastructure. 0
4-
0
15 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in
16 accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation E
17 Plan for those islands.
18 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
19 shall be designated Tier III.
20 4. Designated Tier III lands located outside of Big Pine Key and No Name Key with tropical
21 hardwood hammock or pinelands of one acre or greater in area shall be designated as
0.
22 Special Protection Areas.
23 5. Lands within the Ocean Reef planned development shall be excluded from any Tier
24 designation.
25
26 GOAL 601: Monroe County shall adopt programs and policies to facilitate access by residents to
27 adequate and affordable housing that is safe, decent, and structurally sound, and that meets the .2
28 needs of the population based on type, tenure characteristics, unit size and individual preferences.
29
30 Policy 601.1.4: All affordable housing projects which receive development benefits from Monroe
31 County, including but not limited to ROGO allocation award(s) reserved for affordable housing,
32 maximum net density, or donations of land, shall be required to maintain the project as affordable
33 for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land
34 Development Code, and administered by Monroe County or the Monroe County Housing 0
35 Authority. i
36
37 Policy 601.1.8: Monroe County shall allocate at least 20% of the annual ROGO allocation, or as
38 may be established by the State of Florida, pursuant to Administration Commission Rules, to tt:
39 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for this (i
40 separate allocation must meet the criteria established in the Land Development Code. 00
41
00
42 Policy 601.1.9: Monroe County shall maintain land development regulations which may include
43 density bonuses, impact fee waiver programs, and other possible regulations to encourage
44 affordable housing
45
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P.4.a
1 Objective 601.2: Monroe County shall adopt programs and policies to encourage housing of
2 various types, sizes and price ranges to meet the demands of current and future residents
3
4 Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard
5 housing and to preserve, conserve and enhance the existing housing stock, including historic
6 structures and sites.
7
8 Policy 601.3.1:
9 Monroe County shall coordinate with other County agencies to monitor housing conditions.
10 Standards for evaluation of the structural condition of the housing stock are summarized below: 0
11 Sound: Most housing units in this category are in good condition and have no visible defects.
12 However, some structures with slight defects are also included. E,
13
14 Deteriorating: A housing unit in this category needs more repair than would be provided in the X
15 course of regular maintenance, such as repainting. A housing unit is classified as deteriorating -
16 when its deficiencies indicate a lack of proper upkeep.
17 E
18 Dilapidated(Substandard): A housing unit in this category indicates that the unit can no longer 0
19 provide safe and adequate shelter or is of inadequate original construction including being 0.
20 constructed below the minimum required elevation by FEMA or the County's Floodplain W
21 Regulations.
22
23 Policy 601.3.2: The County Code Compliance Office and Building Department will enforce 0
24 building code regulations and County ordinances governing the structural condition of the housing
25 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of residential a
26 neighborhoods.
27
28 B. The amendment is consistent with the Principles for Guiding Development for the Florida 2
29 Keys Area, Section 380.0552(7), Florida Statutes.
30
31 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
32 with the principles for guiding development and any amendments to the principles, the principles
33 shall be construed as a whole and no specific provision shall be construed or applied in isolation
34 from the other provisions.
35 (a) Strengthening local government capabilities for managing land use and development so that local
36 government is able to achieve these objectives without continuing the area of critical state concern cool
37 designation. �
38 (b) Protecting shoreline and benthic resources,including mangroves, coral reef formations, seagrass beds, 0
39 wetlands, fish and wildlife, and their habitat.
40 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
41 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
42 their habitat. 00
Q
Ir-
43 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
00
44 development.
45 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
46 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
47 ensuring that development is compatible with the unique historic character of the Florida Keys. E
48 (g) Protecting the historical heritage of the Florida Keys.
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1 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
2 public investments,including:
3 1. The Florida Keys Aqueduct and water supply facilities;
4 2. Sewage collection, treatment, and disposal facilities;
5 3. Solid waste treatment, collection, and disposal facilities;
6 4. Key West Naval Air Station and other military facilities;
7 5. Transportation facilities;
8 6. Federal parks,wildlife refuges, and marine sanctuaries; 3
9 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
10 8. City electric service and the Florida Keys Electric Co-op; and
11 9. Other utilities, as appropriate.
12 (i) Protecting and improving water quality by providing for the construction, operation,maintenance, and
13 replacement of stormwater management facilities; central sewage collection; treatment and disposal
14 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
15 disposal systems. A
16 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 40
17 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
18 applicable, and by directing growth to areas served by central wastewater treatment facilities through 0
19 permit allocation systems. E
20 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
21 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
22 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
23 or manmade disaster and for a postdisaster reconstruction plan.
24 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
25 Florida Keys as a unique Florida resource. 0
26
27 Pursuant to Section 380.0552(7)Florida Statutes,the proposed amendment is not inconsistent with
28 the Principles for Guiding Development as a whole.
29
30 C. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statute(F.S.).
31 Specifically, the amendment furthers: A
32
33 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve C)
34 and enhance present advantages; encourage the most appropriate use of land, water, and C)
35 resources,consistent with the public interest;overcome present handicaps;and deal effectively
36 with future problems that may result from the use and development of land within their
37 jurisdictions. Through the process of comprehensive planning, it is intended that units of local
38 government can preserve, promote, protect, and improve the public health, safety, comfort, coi
39 good order, appearance, convenience, law enforcement and fire prevention, and general �
40 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage,
41 schools, parks, recreational facilities, housing, and other requirements and services; and
42 conserve, develop, utilize, and protect natural resources within their jurisdictions.
4300
44 163.3161(6),F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal 17
45 status set out in this act and that no public or private development shall be permitted except in00
46 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted N
47 in conformity with this act.
48 E
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1 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards
2 and strategies for the orderly and balanced future economic, social, physical, environmental,
3 and fiscal development of the area that reflects community commitments to implement the plan
4 and its elements. These principles and strategies shall guide future decisions in a consistent
5 manner and shall contain programs and activities to ensure comprehensive plans are
6 implemented. The sections of the comprehensive plan containing the principles and strategies,
7 generally provided as goals, objectives, and policies, shall describe how the local government's
8 programs, activities, and land development regulations will be initiated,modified, or continued
9 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to
10 require the inclusion of implementing regulations in the comprehensive plan but rather to 0
11 require identification of those programs, activities, and land development regulations that will
12 be part of the strategy for implementing the comprehensive plan and the principles that E,
13 describe how the programs, activities, and land development regulations will be carried out.
14 The plan shall establish meaningful and predictable standards for the use and development of X
15 land and provide meaningful guidelines for the content of more detailed land development and -
16 use regulations.
17 E
18 163.3177 (6)(f) , F.S. —
19
20 1. A housing element consisting of principles, guidelines, standards, and strategies to be
21 followed in: C
22 a. The provision of housing for all current and anticipated future residents of the
23 jurisdiction. 0
24 b. The elimination of substandard dwelling conditions.
25 c. The structural and aesthetic improvement of existing housing.
26 d. The provision of adequate sites for future housing, including affordable workforce
27 housing as defined in is. 380.0651(3)(h), housing for low-income, very low-income, and
28 moderate-income families, mobile homes, and group home facilities and foster care
29 facilities, with supporting infrastructure and public facilities. The element may include
30 provisions that specifically address affordable housing for persons 60 years of age or
31 older. Real property that is conveyed to a local government for affordable housing under
32 this sub-subparagraph shall be disposed of by the local government pursuant to s.
33 125.379 or s. 166.0451.
34 e. Provision for relocation housing and identification of historically significant and
35 other housing for purposes of conservation, rehabilitation, or replacement.
36 f. The formulation of housing implementation programs. CO
37 g. The creation or preservation of affordable housing to minimize the need for �
0.
38 additional local services and avoid the concentration of affordable housing units only in
39 specific areas of the jurisdiction.
40 2. The principles, guidelines, standards, and strategies of the housing element must be
41 based on data and analysis prepared on housing needs, which shall include the number and 001
42 distribution of dwelling units by type, tenure, age, rent, value, monthly cost of owner-
00
43 occupied units, and rent or cost to income ratio, and shall show the number of dwelling units
CD
44 that are substandard. The data and analysis shall also include the methodology used to
45 estimate the condition of housing, a projection of the anticipated number of households by a
E
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P.4.a
1 size, income range, and age of residents derived from the population projections, and the
2 minimum housing need of the current and anticipated future residents of the jurisdiction.
3 3. The housing element must express principles, guidelines, standards, and strategies that
4 reflect, as needed, the creation and preservation of affordable housing for all current and
5 anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
6 adequate sites, and distribution of housing for a range of incomes and types, including mobile
7 and manufactured homes. The element must provide for specific programs and actions to
8 partner with private and nonprofit sectors to address housing needs in the jurisdiction,
9 streamline the permitting process, and minimize costs and delays for affordable housing
10 establish standards to address the quality of housing, stabilization of neighborhoods, and 0
11 identification and improvement of historically significant housing.
12 4. State and federal housing plans prepared on behalf of the local government must be E,
13 consistent with the goals, objectives, and policies of the housing element. Local governments
14 are encouraged to use job training,job creation, and economic solutions to address a portion X
15 of their affordable housing concerns. -
16
17 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory E
18 authority. It is the intent of this act that adopted comprehensive plans or elements thereof
19 shall be implemented,in part,by the adoption and enforcement of appropriate local regulations
20 on the development of lands and waters within an area. It is the intent of this act that the
21 adoption and enforcement by a governing body of regulations for the development of land or
22 the adoption and enforcement by a governing body of a land development code for an area
23 shall be based on, be related to, and be a means of implementation for an adopted 0
24 comprehensive plan as required by this act.
25
26 V. PROCESS ~�~
27
28 Land Development Code Amendments may be proposed by the Board of County Commissioners, the .2
29 Planning Commission, the Director of Planning, private application, or the owner or other person
30 having a contractual interest in property to be affected by a proposed amendment. The Director of
31 Planning shall review and process applications as they are received and pass them onto the
32 Development Review Committee and the Planning Commission.
33
34 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
35 review the application, the reports and recommendations of the Department of Planning & 0
36 Environmental Resources and the Development Review Committee and the testimony given at the 00i
37 public hearing. The Planning Commission shall submit its recommendations and findings to the Board 0
38 of County Commissioners (BOCC). The BOCC holds a public hearing to consider the adoption of the
39 proposed amendment, and considers the staff report, staff recommendation, Planning Commission
40 recommendation and the testimony given at the public hearing. The BOCC may adopt the proposed
41 amendment based on one or more of the factors established in LDC Section 102-158(d)(7). 0�
42
00
43 VI.STAFF RECOMMENDATION
44 N
45 Staff recommends approval of the proposed amendment, contingent on adoption and effectiveness of
46 the corresponding Comprehensive Plan amendments.
c�
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P.4.a
1
2
3 VIL EXHIBITS
4
5 1. Planning Commission Resolution P30-18 c
6 2. Ordinance
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BOCC SR 06.19.19 Page 18 of 18
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2
00
3 Q
4 00
5
C14
6
7
8 MONROE COUNTY, FLORIDA 0
9 PLANNING COMMISSION' RESOLUTION NO. P30-18 0
10
Z
11 A RESOLUTION BY THE MONROE COUNTY PLANNING
12 COMMISSION RECOMMENDING APPROVAL OF AN 0
13 ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS AMENDING MONROE COUNTY LAND
15 DEVELOPMENT CODE SECTIONS 138-24 AND 139-1(A)(6)C. TO
16 ALLOW FOR THE AWARD OF ROG'O ALLOCATIONS TO TIER
17 1, TIER 11, TIER III AND 111-A FOR THE REDEVELOPMENT OF
18 LAWFULLY EXISTING ROGO EXEMPT DWELLING UNITS
19 WITH A REPLACEMENT AFFORDABLE DWELLING UNIT;
A
20 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL X
0
21 OF CONFLICTING PROVISIONS; PROVIDING FOR 4-
0
22 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
23 AND THE SECRETARY OF STATE; PROVIDING FOR E
24 INCLUSION INTHE MONROE COUNTY LAND DEVELOPMENT
25 CODE; PROVIDIN(..T FOR AN EFFECTIVE DATE. (File#2018-108)
26
27
0
28
29 WHEREAS, on April 19, 2018, at the regularly scheduled Board of County
30 Commissioners meeting, the BOCC gave direction to staff to process proposed text. amendments
31 to the Comprehensive Plan and Land Development Code to incentivize the development of 00
32 affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and
33 Tier 111-A designated parcels in order to replace market rate dwelling units with deed-restricted
34 affordable housing dwelling units; and
35 0
U)
36 WHEREAS, the Monroe County Development Review Committee (DRC) considered the
37 proposed amendments at a regularly scheduled meeting held on the 24"'day Of.lUly, 2018; and
38
39 WHEREAS, staff'is recommending approval of the proposed amendments to LDC Code
40 Sections 138-24 and 139-1(a)(6)c. to allow for the award of allocations to Tier I and Tier 111-A for
41 the redevelopment of lawfully existing ROGO exempt market rate dwelling units with a <
42 replacement affordable dwelling unit ROGO allocation when certain criteria is met.; and
Resolution#P30-1 8 Page 143
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I WHEREAS, the Planning Commission was presented with the following documents and
2 other information relevant to the request, which by reference is hereby incorporated as part of the
63,
3 record of'said hearing: CD
00
4 Ir-
5 1. Staff report prepared by Cheryl (.7ioffari, AICP, Comprehensive Planning Manager, C14
6 September 12, 2018;
7 2, Sworn testimony of Monroe County Planning & Environmental Resources
8 Department staff; and 0
9 1 Advice and Counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
10 Planning Commission Counsel.
0
11
12 WHEREAS, based on discussion and public input at the hearing, the PC recommended
13 revisions to the proposed amendment, to include language that if multiple transfers occur at the
14 same time,then the allocations provided for the affordable housing allocations would be consistent
15 with the ratio of the allocations available in the affordable housing allocation pool [moderate VS.
16 very low, low and rnedian]; and
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17
18 WHEREAS, based upon the information and documentation submitted, the Planning
A
19 Commission makes the following Findings of Fact and C Xonclusions of Law: 0
4-
20 0
21 1. The proposed amendment, with changes as directed by the Planning Commission, is
E
22 consistent with the Goals, Objectives an(] Policies of the Monroe County Year 2030
23 Comprehensive Plan; and
24 1 The proposed amendment, with changes as directed by the Planning Commission, is
25 consistent with the Principles for Guiding Development for the Florida Keys Area of
26 Critical State Concern, Sec. 380.0552(7), F.S.-I
0
27 1 The proposed amendment, with changes as directed by the Planning Commission, is
28 consistent with Part 11 of Chapter 163, Florida Statute; and
29 4. The proposed amendment, with changes as directed by the Planning Commission, is zz�
00
30 necessary due to changed projections,changed assumptions, new issues, recognition of 17
31 a need for additional detail or comprehensiveness, and data updates, as required by
32 Section 102-158 of the Monroe County Code;
33
0
34 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF U)
35 MONROE COUNTY, FI.,ORIDA, the Monroe County Planning Commission approval with
36 changes as discussed during the hearing to the Board Of County Commissioners of an amendment
37 to the Monroe County Land Development Code Sections 138-24 and 139-1(a)(6)c. to allow for
38 the award of allocations to Tier I and Tier 111-A for the redevelopment of lawfully existing ROGO
39 exempt market rate dwelling units with a replacement affordable dwelling unit ROGO allocation
40 when certain criteria is rnet; and
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I PASSED AND ADOIYFED BY THE PLANNING COMMISSION of Monroe County,
2 Florida, at a regular meeting held on the 26"' day of"September, 2018.
00
3 Q
00
4 Denise Werling, Chair ABSENT
5 William Wiatt, Commissioner YES C14
6 Kristen Livengood, Commissioner YES
7 Ron Millet-, Commissioner YES 0
8 0
PI,ANNIN(j'O S'SIO 9 �0 F�O �)UN Z
�/s cu
10 l3v
0
11 William Wiatt, Chair
12
13 Signed this day of Lekiewe- NY
14
15
16 Monroe County Planning Commi,>s0on Attorney
17 A )roved As To form
18
19
A
20 Date: x
21 4-
0
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(L
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P.4.c
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3
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16
MONROE COUNTY, FLORIDA 00
Ir-
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Q
2
ORDINANCE NO. -2 1'
10
11
1.2 AN ORDINANCE THE 1 E COUNTY BOARD OF �
13 COUNTY COMMISSIONERS AMENDING O O COUNTY
14 LAND DEVELOPMENT CODE SECTIONS 138-24 AND 13 -
1.5 I(A)(6)C. TO ALLOW FOR THE AWARD OF ROGO
16 ALLOCATIONS TO TIER I,TIER II,TIER III AND III-A FOR TITF
17 REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT
18 DWELLING UNITS WITH A REPLACEMENT AFFORDABLE
1.9 DWELLING UNIT; PROVIDING FOR S V AIIIL,ITY; �
20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
21 PROVIDING FOR TRANSMITTAL S IT'TAL TO THE STATE LAND
22 PLANNING AGENCY AND THE SECRETARY OF STATE;
23 PROVIDING FOR INCLUSION LUSI N IN THE MONROE COUNTY LAND
24 DEVELOPMENT COIF; PROVIDING FOR AN EFFECTIVE �
25 DATE.
26 �
27
28
29 WHEREAS, our April 19, 2018, at the regularly scheduled Board of County
30 Commissioners meeting, the :BOCC gave direction to staff to process proposed text amendments
31 to the Comprehensive Plan and Land Developrnent Code to incentivize the development of �s
32 affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and .�
33 Tier III-A designated parcels in order to replace market rate dwelling; units with deed-restricted
34 affordable housing dwelling units; and
35
36 WHEREAS, the Monroe County Development review Committee (DRC) considered the
37 proposed amendments at a regularly scheduled meeting held on the 24"'day of July, 2018; and �
38
39 WHEREAS, staff is :recommending approval of the proposed amendments to LDC Code
40 Sections 1.38-24 and 139-1(a)(6)c. to allow for the award of allocations to Tier I and Tier III-A for
Ordinance No. -201.9 Labe 1 of 6
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I the redevelopment of lawfully existing ROGO exempt market rate dwelling units with a
2 replacement affordable dwelling unit ROGO allocation when certain criteria is met; and
3
4 WHEREAS, the Monroe County Planning Commission held a public hearing on
5 September 26, 2018, for review and recommendation on the proposed amendment, and 17
00
6 recommended approval with changes through Resolution P30-18;
7
8 WHE REAS, at regularly scheduled meeting I 91h held on the day of June, 2019, the
9 Monroe County Board of County Commissioners held a public hearing, considered the staff report,
10 and provided for public comment and public participation in accordance with the requirements of 0
11 state law and the procedures adopted for public participation in the planning process;
12
13 WHEREAS, based upon the documentation submitted and information provided in the
0
14 accompanying staff report, the BOCC makes the following Conclusions of Law: tt:
15
16 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
17 Monroe County Year 2030 Comprehensive Plan; and
18 2. The proposed amendment is consistent with the Principles for Guiding Development
19 for the Florida Keys Area of Critical State Concern, Sec, 380.0552(7), F.S.; and
20 3. The proposed amendment is consistent with Part 11 of Chapter 163,Florida Statute; and E
21 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan
22 and the principles for guiding development, as required by Section 102-158 of the
A
23 Monroe Cou Xnty Code. 0
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24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
25 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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26
27 Section 1. The Monroe County Land Development Code is hereby amended as follows:
28
Proposed Arnelldi-nent (deletions are stfi k n through; additions are shown in underlined).
.2
29
30 Sec, 1.38-24. Residential ROGO Allocations. 0
31
32 (a) Number (if available anntial residential ROGO allocations. The number of market rate
33 residential ROGO allocations available in each subarea of the unincorporated county and the total zz�
34 number of affordable residential ROGO allocations available countywide shall be as follows:
35
36
37 (1) Yearly residenlial ROGO allocation ratio. Each subarea shall have its number of market 0
38 rate residential ROGO allocations available per ROGO year. Affordable ROGO allocations
39 shall be available for countywide allocation except for Big Pine Key and No Narne Key, E
40 The allocations for Big Pirie Key and No Name Key shall be limited to maximums
41 established in Big Pine Key/No Name Key Livable CommuniKeys Plan, Incidental Take <
42 Permit and Habitat Conservation Plan.
43
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1 (2) Quarterly residential ROGO allocation ratio, Each subarea shall have its number of
2 market rate housing residential ROGO allocations available per ROGO quarter determined
3 by the following formula:
00
4 a. Market rate residential ROGO allocations available in each subarea per quarter CD
5 is equal to the market rate residential ROGO allocations available in each subarea 00
T-
6 divided by four.
cv
7 b. Affordable housing residential ROGO for all four ROGO quarters, including the
8 allocations available for Big Pine Key, shall be made available at the beginning of 0
9 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all 0
10 remaining affordable housing residential ROGO allocations shall be made available
11 for award.
12,
0
13
14 (4) Big Pine Key and No CaineN Key.
15 a. All. allocation awards on Big Pine Key and No Name Key are subject to the
16 provisions of the Incidental Take Permit (ITP), the Habitat Conservation Plan
17 (HCP) and Livable CommuniKeys Plan (LCP) for the Flori,da Key Deer and other
18 covered species, which may affect ROGO allocations Linder this article.
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19
20 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of
21 residential permit allocations that may be awarded in Tier I shall be no more than x
4)
22 one (1) every 2 years,. Until the ITP, HCP, Biological Opinion, and I-CP are 4-
0
23 amended, a property owner attempting to develop his property may be granted an C
24 allocation through the ROC GO process that may be used once that property owner E
25 obtains, all required permits and authorizations required under the Endangered
26 Species Act and other applicable federal, and state laws. The allocation will remain
27 valid so long as the applicant diligently and in good faith continues to work with
28 USFWS to conclude the coordination and pick up a building permit. C
29
30 (5) Lin it on number qfallocation awards, in Tier I. 0
'a
3 1!1 a, Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier
32 1 shall be no more than one (1) every two (2) years.
33 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be C
34 no more than three (3).
0
35 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be 4i
C
36 no more than three (3). 0
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37
38
39 (c) Affin-dable housing allocalion, ai,vards and eligibilio�,.
40 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1,
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1, (2) Any portion of the affordable housing allocation not used for affordable housing at the
2 end of a ROGO year shall be made available for affordable housing for the next ROGO
3 year.
4 (3) No affordable housing allocation shall be awarded to applicants located within a Tier 1 00
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5 designated area, within a V-zone on the county's flood insurance rating map, or within a I
00
6 Tier 111-A (special protection area) designated area,
N
.2
7 Notwithstandin, the fore oing, and notwithstanding Section 138-24(a)(5), affordable
8 housing ROGO allocations may be awarded to Tier I or Tier Ill-A properties which meet
9 all of the following criteria: 0
W
10 a. The-property contains an existing market rate dwelling unit that meets the
11 criteria in LDC Section 138-22(a) and is determined to be exem t from R4� t��
0
12 b, The proposed replacement affordable dwelling unit meets current Florida
13 Building Code and is not a mobile home-
14 c. The Proposed renlacement dwelling unit shall be deed restricted fora criedo '
15 at least 99 years as affordable housing ursuan.
t to the standards of the Land.
16 Development Code;
d, The pitUm)osedd site plan for the replacement affordable dwelling unit does not
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18 propose any additional clearing of habitat_; and
19 e. The structure is not proposed to be within a V-zone on the cognty,s flood
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X
20 insurance rating snap. 0
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21 0
22 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.
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23 No affordable housing allocation may be used on No Name Key,
24
25
26 Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
27 Sec. 139-1. Affordable and Employee Housing; Administration.
0
28 (a) Generally.
29
30 (6) In order for the owner of a parcel of land to be entitled to the incentives for affordable zz�
31 or employee housing outlined in this section and Chapter 138, Articles 11 and 111, the owner
32 must ensure that:
33
0
34 e. The parcel of land proposed for development of affordable or employee housing
35 shall only be located within a tier III designated area 4mt-,-
E
36 pFeteetien afeal desi......- f-111-11 -11 ejeafifl.&- 1-441-Y -FoFti0fl
37 of an, UPI—A - 1,al-faf pafel- ef ene aei,e Of gfeatef-��.
md ve
38
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I Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5),
2 affordable housing ROGO allocations may be awarded to properties within any
3 tier, provided all of the following-criteria is :uxiet:
4 00
CD
5 a. The Drovertv contains an existing market rate dwelling unit that meets the
00
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6 criteria in LDC Section 138-22(a) and is determined to be exempt from
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7 ROQD�
8 b. The proposed replacement affordable dwelling Unit meets current Florida
0
9 Building Code and is not a mobile horne- a
0
10 c. The propused replacement dwelling unit shall be deed restricted fgLA-peEiod.
11 of at least 99 vears as affordable housing pursuant to the standards of the Land
12 Development Code,•
0
13 d. The prowsed site plan for the replacement affordable dwelling unit does not
14 propose any additional clearim,, of habitat; and
15 e. The structure is riot proposed to be within a V-zone on the county's flood
16 insurance rating reap.
1.7
18
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19 Section 2. Sejtra ilit o if any section, paragraph, subdivision, clause, sentence or
20 provision of this ordinance shall be adjudged by any court of competent„jurisdiction to be invalid,
A
21 such judgn-ient shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but X
0
22 the effect thereof shall be confined to the section, paragraph, Subdivision, clause, sentence, or 4-
0
23 provision immediately involved in the controversy in which such judgment or decree shall be
24 rendered. E
25
26 Section 3. Conflictine Provisions. All ordinances or parts of ordinances in conflict with
27 this ordinance are hereby repealed to the extent of said conflict,
28
29 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
30 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 0
31
32 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
33 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
34 to F.S. 3W05(6) by the Florida State Land Planning Agency or Administration Commission
35 approving the ordinance, and if the final order is challenged,, until the challenge to the order is
36 resolved pursuant to F.S. Chapter 120.
37 0
38 Section 6. Inclusion in the Monroe C2!!�Co�de. The provisions of this Ordinance shall
E
39 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
0
40 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
41 marking system of the Code. <
42
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I Section 7. Effective Date. This ordinance shall become effective contingent on
2 effectiveness of the corresponding amendments to the Monroe County Year 2030 Cornprehensive
3 Plan and as provided by law and stated above.
4
00
Q
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on the day of 00
7 C14
8 Mayor Sylvia Murphy .2
9 Mayor Pro Teen Danny L. Kolhage 0
10 Coi-rimi ssioner Heather Carruthers a
0
11 Commissioner Michelle Coldiron
12 Commissioner David Rice
13
14 BOARD OF COUNTY COMMISSIONERS 0
15 OF MONROE COUNTY, FLORIDA
16
17 BY
18 MAYOR SYLVIA MURPHY
19 (SEAL) 0
20
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21 ATTEST: KEVIN MADOK, CLERK cm
M0 CIOUNK A
2,2 A OVED
23 DEPUTY CLERK L
WILLIAMS, 4-
0
A881STANYGOUNTY ATTORNEY
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