Ordinance 018-2019 1
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7 MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 018 -2019
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING POLICY 101.3.3 OF
13 THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN
14 TO ALLOW FOR THE AWARD OF AFFORDABLE ROGO
15 ALLOCATIONS TO TIER I AND III-A FOR THE
16 REDEVELOPMENT OF LAWFULLY EXISTING ROGO EXEMPT
17 MARKET RATE DWELLING UNITS WITH A REPLACEMENT
18 AFFORDABLE DWELLING UNIT; PROVIDING FOR
19 SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING
20 PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE
21 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
22 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
23 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
24 DATE.
25
26
27 WHEREAS, on April 19, 2018, at the regularly scheduled Board of County
28 Commissioners meeting, the BOCC gave direction to staff to process proposed text amendments
29 to the Comprehensive Plan and Land Development Code to incentivize the development of
30 affordable housing by allowing the issuance of affordable housing ROGO allocations to Tier I and
31 Tier III-A designated parcels in order to replace market rate dwelling units with deed-restricted
32 affordable housing dwelling units; and
33
34 WHEREAS,the Monroe County Development Review Committee (DRC) considered the
35 proposed amendments at a regularly scheduled meeting held on the 24th day of July, 2018; and
36
37 WHEREAS, staff is recommending approval of the proposed amendments to
38 Comprehensive Plan Policy 101.3.3 to allow for the award of affordable allocations to Tier I and
39 Tier III-A for the redevelopment of lawfully existing ROGO exempt market rate dwelling units
40 with a replacement affordable dwelling unit when certain criteria is met; and
41
42 WHEREAS, the Monroe County Planning Commission held a public hearing on the 26th
43 day of September, 2018, for review and recommendation on the proposed Comprehensive Plan
44 text amendment; and
Ord. 018 -2019 Page.1 of 4
File 2018-107
•
1 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
3 record of said hearing:
4
5 1. Staff report prepared by Cheryl Cioffari, AICP, Comprehensive Planning Manager,
6 September 12, 2018;
7 2. Sworn testimony of Monroe County Planning &Environmental Resources
8 Department staff; and
9 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
10 Planning Commission Counsel.
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 redevelopments occur
14 at the same time, then the income categories of the affordable housing allocations provided would
15 be consistent with the ratio of the allocations available in the affordable housing allocation pool at
16 that time [moderate vs. very low, low and median]; and
17
18 WHEREAS, based upon the information and documentation submitted, the Planning
19 Commission makes the following Findings of Fact and Conclusions of Law:
20
21 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
22 Monroe County Year 2030 Comprehensive Plan; and
23 2. The proposed amendment is consistent with the Principles for Guiding Development
24 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
25 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
26
27 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-18
28 recommending approval of the proposed amendment; and
29
30 WHEREAS, at a regular meeting held on the 20th day of November 2018, the Monroe
31 County Board of County Commissioners held a public hearing to consider the transmittal of the
32 proposed text amendment, considered the staff report and provided for public comment and public
33 participation in accordance with the requirements of state law and the procedures adopted for
34 public participation in the planning process; and
35 WHEREAS, at the November 20, 2018, public hearing, the BOCC adopted Resolution
36 413-2018, approving transmittal of the proposed text amendment to the State Land Planning
37 Agency; and
38
Ord. 018-2019 Page 2 of 4
File 2018-107
1 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
2 Objections, Recommendations and Comments (ORC) report, received by the County on May 6,
3 2019; and
4
5 WHEREAS, the ORC report did not identify any objections, recommendations or
6 comments; and
7
8 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
9 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
10
11 WHEREAS, at a regularly scheduled meeting on the 19th day of June, 2019, the BOCC
12 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
13
14 NOW, THEREFORE, BE' IT ORDAINED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
16 Section 1. The text of the Monroe County Year 2030 Comprehensive Plan is hereby amended
17 as follows (Deletions are shown stricken through; additions are shown underlined):
18
19 Policy 101.3.3
20 Monroe County shall allocate at least 20% of the annual allocation, or as may be
21 established by the State of Florida, pursuant to Administration Commission Rules, to
22 affordable housing units as part of ROGO. Any portion of the allocations not used for
23 affordable housing shall be retained and be made available for affordable housing from
24 ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall
25 meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall
26 not be subject to the competitive Residential Permit Allocation and Point System in
27 Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within
28 an area designated as Tier I as set forth under Goal 105 or within a Tier III-A Special
29 Protection Area as set forth in Policy 205.1.1.
30
31 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2, affordable housing
32 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
33 the following criteria:
34 1. The property contains an existing market rate dwelling unit that meets the criteria
35 in LDC Section 138-22(a) and is determined to be exempt from ROGO;
36 2. The proposed replacement affordable dwelling unit meets current Florida Building
37 Code and is not a mobile home;
38 3. The proposed replacement dwelling unit shall be deed restricted for a period of at
39 least 99 years as affordable housing pursuant to the standards of the Land
40 Development Code; and
41 4. The proposed site plan for the replacement affordable dwelling unit does not
42 propose any additional clearing of habitat.
Ord. 018-2019 Page 3 of 4
File 2018-107
1 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
2 provision of this ordinance is held invalid,the remainder of this ordinance shall not
3 be affected by such validity.
4
5 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
6 conflict with this ordinance are hereby repealed to the extent of said conflict.
7
8 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
9 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
10
11 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the
12 Secretary of the State of Florida but shall not become effective until a notice is
13 issued by the State Land Planning Agency or Administration Commission finding
14 the amendment in compliance with Chapter 163, Florida Statutes and after any
15 applicable challenges have been resolved.
16
17 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
18 in the Monroe County Comprehensive Plan. The numbering of the foregoing
19 amendment may be renumbered to conform to the numbering in the Monroe County
20 Comprehensive Plan.
21
22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe.County,
23 Florida, at a regular meeting held on the 19 th day of Juner _,2019 .
24
3 .
25 Mayor Sylvia Murphy, District 5 = -:-
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26 Mayor Pro Tern Danny L. Kolhage, District 1
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27 Commissioner Michelle Coldiron, District 2 c- _cy,
28 Commissioner Heather Carruthers, District 3 `
29 Commissioner David Rice, District 4
30 --(.-;
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32 _,� ° BOARD OF COUNTY COMMISSIONERS ,
3 t;-. OF MONRO`�COU:'6►, FLORIDA
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3• ` t ,�1 BY
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36 { f--` Ma or Sylvia Murphy
38
39 ATTEST: KEVIN MADOK, CLERK M ONE- NTM
40 G74.04.,....,„et_
.I',41STET WILLIAMS
ASSISTANT TTORNET
42 DEPUTY CLERK
Outs /J
43
Ord. 018 -2019 Page 4 of 4
File 2018-107
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KEY1WEST
liiillik MEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
• 4
Account: 138694 Ticket: 296779
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Oli&\14 rralleS ,who on oath says that he or she is
an 0(,.., of the Key West Citizen, a daily
newspaper publish d in K West, in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:/
Sunday, June 2, 2019”
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day,and
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he or she has
neither paid nor promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said newspaper.
(Si n. a of Affiant) ID-------------
Aff •-• a ••-tub •:rbefore me this 3rd day of June 2019
IF
(11:'-• ''blic .ture) '
Lid. 'xi, /M1 /
(Notary ' blic 'anted Name)
(Notary Seal)
My commission expires c77(520—.
Personally Known X Produced Identification
Type of Identification Produced OS y Suelynn Stamper
.c ,. )COMMISSIONS GG232802
:` ::''-, :a EXPIRES:June 27,2022
---'"44%%%'% Banded 11nru Aaron Notar
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MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO MONROE
COUNTY FUTURE LAND USE MAP
NOTICE OF AMENDMENT TO THE
MONROE COUNTY
LAND USE DISTRICT (ZONING) MAP
NOTICE OF CHANGE TO
COMPREHENSIVE PLAN
NOTICE OF CHANGE TO LAND
DEVELOPMENT REGULATIONS
June 19, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, June 19, 2019, the Monroe County Board of
County Commissioners will hold a Public Meeting at the Nelson Government Center, 102050
Overseas Highway,Key Largo,Monroe County,Florida,to review and receive public comment
for the following items:
PUBLIC HEARINGS:3:00 PM(or as soon thereafter may be heard):
1. AN ORDINANCE BY THE MONROE COUNTY BOARD OF CO' NTY COMMISSIONERS AMENDING THE
MONROE COUNTY FUTURE LAND USE MAP FROM MIXED USE/COMMERCIAL(MC),RECREATION(R)
AND CONSERVATION(C)TO COMMERCIAL(COMM),FOR A PORTION OF PROPERTY LOCATED AT 100
ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS 00572797-003600
AND 00572797-003603;AS PROPOSED BY OCEAN REEF CLUB INC.; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE
MONROE COUNTY COMPREHENSIVE PLAN AND FOR AMENDMENT TO THE FUTURE LAND USE MAP;
PROVIDING FOR AN EFFECTIVE DATE.(File 2018-075). See Map 1 Below
2. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE
MONROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM NATIVE AREA(NA),PARKS AND REFUGE
(PR)AND SUBURBAN COMMERCIAL(SC)TO COMMERCIAL 1 (C1), FOR A PORTION OF PROPERTY
LOCATED AT 100 ANCHOR DRIVE,KEY LARGO,OCEAN REEF CLUB,HAVING REAL ESTATE NUMBERS
00572797-003600 AND 00572797-003603; AS PROPOSED BY OCEAN REEF CLUB INC.; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING
FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP;PROVIDING FOR AN EFFECTIVE DATE.
(File 2018-076)See Map 2 Below
Map 1 Map 2
FLUM LUD
C,R&MC to COMM I NA,PR&SC to Cl
.wn ,
Ocean Reef! [Ocean Reef
3. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
POLICY 101.3.3 OF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN TO ALLOW FOR
THE AWARD OF AFFORDABLE ROGO ALLOCATIONS TO TIER I AND III-A FOR THE REDEVELOPMENT
OF LAWFULLY EXISTING ROGO EXEMPT MARKET RATE DWELLING UNITS WITH A REPLACEMENT
AFFORDABLE DWELLING UNIT; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY
COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-107)
4. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
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,TIER II,TIER III AND III-A FOR THE REDEVELOPMENT
OF LAWFULLY EXISTING ROGO EXEMPT DWELLING UNITS WITH A REPLACEMENT AFFORDABLE
DWELLING UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT
CODE;PROVIDING FOR AN EFFECTIVE DATE.(File#2018-108)
5. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
POLICY 101.3.7 OF THE 2030 MONROE COUNTY COMPREHENSIVE PLAN REGARDING TEMPORARY
EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY RESIDENTS DISPLACED BY A NATURAL
DISASTER TO ALLOW FOR THE BOARD OF COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION
AN EXTENSION OF THE DURATION OF TEMPORARY EMERGENCY HOUSING AFTER A NATURAL
DISASTER;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
FOR AN EFFECTIVE DATE.(File#2018-042)
6. AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY CODE SECTION 103-1, TEMPORARY HOUSING TO ALLOW FOR THE BOARD OF
COUNTY COMMISSIONERS TO APPROVE BY RESOLUTION AN EXTENSION OF THE DURATION OF
TEMPORARY EMERGENCY HOUSING FOR TEMPORARY OCCUPANCY BY COUNTY RESIDENTS AFTER
A NATURAL DISASTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;PROVIDING FOR
AN EFFECTIVE DATE.(File#2018-043)
7. A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING
AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-
OF-WAY OF GARDEN STATE LANE, AS SHOWN ON THE PLAT OF CROSS KEY WATERWAY ESTATES
SECTION THREE,PLAT BOOK 6, PAGE 61,BOUNDED ON THE NORTH AND WEST BY BLOCK 8 LOTS
17 AND 18;BOUNDED ON THE EAST BY BLOCK 8 LOTS 15 AND 16;AND BOUNDED ON THE SOUTH
BY GARDEN STATE LANE; SECTION 14,TOWNSHIP 61, RANGE 39, KEY LARGO, MONROE COUNTY,
FLORIDA.(File#2018-231)
Copies of the above are available at the Monroe County Planning Department offices in Marathon and Key Largo
during normal business hours and online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of County
Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a record of
the proceedings,and that,for such purpose,he or she may need to insure a verbatim record of the proceedings
is made,which record includes the testimony&evidence upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-
4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled
meeting;if you are hearing or voice impaired,call"711." June 1,2019 Key West Citizen
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FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 26, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
replacement electronic copy of Monroe County Ordinance No. 018-2019, which was filed in this office on
June 26, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.ft.us
4,0R6 URIC c:11
Kevin Madok, CPA
,I % vb v
h;o ..-: . 1: Clerk of the Circuit Court&Comptroller—Monroe County, Florida
June 25, 2019
Department of State
Administrative Code&Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 018-2019 amending Policy 101.3.3 of the
Monroe County Year 2030 Comprehensive Plan to allow for the award of Affordable ROGO
Allocations to Tier I and III-A for the redevelopment of lawfully existing ROGO exempt market
rate dwelling units with a replacement affordable dwelling unit;providing for severability,
providing for repeal of conflicting provisions;providing for transmittal to the State Land Planning
Agency and the Secretary of State;providing for inclusion in the Monroe County Comprehensive
Plan;providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting,held in formal session, on June 19, 2019. Should you have any questions,
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning&Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145