Ordinance 026-2019 1
2
3
4
5 MONROE COUNTY, FLORIDA
6 ORDINANCE 026 -2019
7
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
11 AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE
12 011-2017, AND EXTENDED THROUGH ORDINANCE 020-2018, FOR AN
13 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW PRIVATE
14 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
15 FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139-2
16 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO
17 EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR
18 SECTION 138-22(B) TO TRANSFER OFF-SITE MARKET RATE UNITS TO
19 ANOTHER LOCATION, COMMENCING OCTOBER 27, 2019, UNTIL THE
20 LAND DEVELOPMENT CODE IS AMENDED TO LIMIT THE TRANSFER OF
21 ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER III
22 DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS)
23 LAND USE DISTRICT OR THE URBAN RESIDENTIAL MOBILE-HOME
24 (URM) LAND USE DISTRICT AND WITHIN THE SAME ROGO PLANNING
25 SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED
26 DWELLING UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A
27 WORKING WATERFRONT; EXCEPT TO ALLOW NEW APPLICATIONS, OR
28 RECEIVED APPLICATIONS THAT HAVE NOT FULLY BEEN APPROVED,
29 PURSUANT TO RESOLUTION 203-2018, TO UTILIZE MONROE COUNTY
30 CODE SECTION 139-2 (AFFORDABLE HOUSING INCENTIVE PROGRAM)
31 OR SECTION 138-22(B) (TRANSFER OF ROGO EXEMPTIONS) TO
32 TRANSFER MARKET RATE ROGO EXEMPTIONS TO TIER III PLATTED
33 LOTS WITHIN THE IMPROVED SUBDIVISION (IS) OR URBAN
34 RESIDENTIAL MOBILE-HOME (URM) LAND USE DISTRICT AND WITHIN
35 THE SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF
36 SINGLE FAMILY DETACHED DWELLING UNITS PROVIDED THE
37 RECEIVER SITE IS NOT A WORKING WATERFRONT; AS RECOMMENDED
38 BY THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE
39 BOCC; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
Ordinance No. 026 -2019 Page 1 of 7
File 2019-082
1 EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR
2 WHEN THE LAND DEVELOPMENT CODE AMENDMENTS BECOME
3 EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR
4 SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
5 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
6 AN EFFECTIVE DATE. (FILE 2019-082)
7
8
9
10 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-2017,
11 at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to
12 impose a temporary moratorium deferring the approval of new private applications or received
13 applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2
14 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to
15 transfer market rate units to another location; and
16
17 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
18 February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
19 development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing
20 incentive program) to transfer ROGO exemptions from mobile homes to another location; and
21
22 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
23 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
24 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
25 development; and
26
27 WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted
28 Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable Housing
29 Advisory Committee, includingits assigned duties; and
30
31 WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the Affordable
32 Housing Advisory Committee; and
33
34 WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
35 August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board
36 of County Commissioners for professional services on Affordable Workforce Housing Stakeholder
37 Assessment; and
38
39 WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
40 Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment
41 Report generated by FCRC Consensus Center, FSU, dated April 2015; and
42
Ordinance No. 026 - 2019 Page 2 of 7
File 2019-082
1 WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
2 Commissioners adopted Resolution 139-2015 assigning additional duties to the Affordable Housing
3 Advisory Committee; and
4
5 WHEREAS, at a regular meeting held on the 10th of June, 2015, the Board of County
6 Commissioners adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to
7 establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend
8 Resolution 139-2015 to add one additional duty to the committee; and
9
10 WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted
11 Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for the
12 development of a workforce housing development plan; and
13
14 WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County
15 Commissioners adopted Resolution 393-2015, supporting and encouraging collaboration between the
16 County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
17 affordable and workforce housing; and
18
19 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted
20 Resolution 02-2015, recommending to the Board of County Commissioners an amendment to the Local
21 Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and
22
23 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403-
24 2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State
. 25 Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance
26 Corporation; and
27
28 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended
29 to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and
30 provided an inventory of county-owned real property which may be appropriate for affordable housing;
31 and
32
33 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-
34 2015, approving the inventory of county-owned real property which may be appropriate for affordable
35 housing; and
36
37 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted
38 Resolution 03-2015, recommending that the Board of County Commissioners support and fund a nexus
39 study as the first step in considering the expansion of the County residential inclusionary housing program
40 to cover transient and commercial development in the County; and
41
42 WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution
Ordinance No. 026 - 2019 Page 3 of 7
File 2019-082
•
1 01-2016, providing 33 recommendations to the Board of County Commissioners on the issues included in
2 their charge; and
3
4 WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's
5 adopted Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
6 studies to support an inclusionary housing requirement to cover transient and commercial development as
7 weIl as requested staff to schedule a special meeting to discuss the remaining recommendations; and
8
9 WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the
10 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to
11 research certain items, implement certain items and process amendments to the land development code;
12 and
13
14 WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to
15 amend Monroe County Code Section 139-2 (affordable housing incentive program), as recommended by
16 the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile
17 homes to only Tier III designated platted lots within the Improved Subdivision (IS) land use district and
18 within the same ROGO planning subarea for the development of single family detached dwelling units;
19 and
20
21 WHEREAS, the County's updated land development code became effective on February 3, 2017;
22 and
23
24 WHEREAS, an ordinance addressing the interim time period between the current adopted land
25 development code and the adoption of the amendment to Section139-2 as recommended of the Affordable
26 Housing Advisory Committee and the BOCC, is necessary to ensure that the new code requirements are
27 fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe
28 County, including the provision of public participation in the planning process; and
29
30 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
31 February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
32 development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing
33 incentive program) to transfer ROGO exemptions from mobile homes to another location; and
34
35 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-2017,
36 at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to
37 impose a temporary moratorium deferring the approval of new private applications or received
38 applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2
39 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to
40 transfer market rate units to another location; and
41
42 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance 011-2017
Ordinance No. 026- 2019 Page 4 of 7
File 2019-082
•
1 at a regular meeting on July 19, 2017 in Marathon, Florida, imposing a temporary moratorium deferring
2 the approval of new private applications or received applications that are not yet approved, proposing to
3 utilize Monroe County Code Section 139-2 (Affordable Housing Incentive Program) or Section 138-22(b)
4 (Transfer of ROGO exemptions off site) to transfer market rate units to another location; and
5
6 WHEREAS, on April 19, 2018, at the regularly scheduled meeting, the BOCC gave direction to
7 staff to process proposed text amendments to the Comprehensive Plan and Land Development Code to
8 incentivize the development of affordable housing by allowing the issuance of affordable housing ROGO
9 allocations to Tier I, Tier II, Tier III and Tier III-A designated parcels in order to replace market rate
10 dwelling units with a deed-restricted affordable housing dwelling units; and
11
12 WHEREAS, since the adoption of Ordinance 011-2017, there have been instances in which an
13 applicant seeks to transfer an existing market-rate ROGO exemption to an off-site location and redevelop
14 the property with a deed-restricted affordable dwelling unit; and
15
16 WHEREAS, the interim development Ordinance 011-2017 prohibited the ability to transfer the
17 market-rate ROGO exemption at this time, and therefore does not allow the owner to realize the full
18 potential of the incentives the BOCC wishes to offer for redevelopment of homes with deed restricted
19 affordable units; and
20
21 WHEREAS, the BOCC reduced the scope of Ordinance 011-2017 so that market rate ROGO
22 transfers consistent with the intent of the adopted moratorium may be allowed at this time, prior to
23 adoption of the directed land development code amendments through Resolution 203-2018 adopted on
24 July 18, 2018; and
25
26 WHEREAS, at a regular meeting on August 15, 2018, in Marathon, the BOCC adopted interim
27 development Ordinance 020-2018 extending the moratorium described above with the reduction in scope
28 as approved through Resolution 203-2018; and
29 WHEREAS, Ordinance 020-2018 is due to expire on October 27, 2019, if the relevant
30 Comprehensive Plan and Land Development Code amendments are not adopted and effective before that
31 date; and
32
33 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC)
34 reviewed the proposed interim development ordinance; and
35
36 WHEREAS, at a regularly scheduled meeting held on June 26, 2019 , 2019 the Monroe
37 County Planning Commission held a public hearing for the purpose of considering the proposed interim
38 development ordinance and provided for public comment; and
39
40 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 26 -19
41 recommending approval of the proposed interim development ordinance; and
Ordinance No. 026 - 2019 Page 5 of 7
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•
1 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
2 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
3 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
4 development; and
5
6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
7 OF MONROE COUNTY:
8
9 Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resources Department
10 shall defer the approval of new private applications or received applications that are not yet approved,
11 commencing October 28, 2018, utilizing:
12 1. Monroe County Code Section 139-2 (Affordable Housing Incentive Program) to transfer ROGO
13 exemptions from mobile homes to another location; or
14 2. Monroe County Code Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer
15 market rate units after an affordable housing unit has been awarded to another location until the
16 Land Development Code is amended to:
17
18 a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the
19 following criteria:
20 i. receiver site is a Tier III designated platted lot; and
21 ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District
22 or the Urban Residential Mobile Home (URM) Land Use District; and
23 iii. receiver site is a platted lot located within the same ROGO planning subarea; and
24 iv. receiver site property is not a working waterfront;
25 as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for
26 expiration within 365 days of the effective date of an interim development ordinance or when the Land
27 Development Code amendments become effective, whichever comes first.
28
29 Notwithstanding the foregoing, Monroe County Planning and Environmental Resources Department shall
30 accept and consider new private applications or received applications that are not yet approved,
31 commencing upon the effective date of Resolution 203-2018 utilizing either (1) Land Development Code
32 Section 139-2 (Affordable Housing Incentive Program) to transfer lawfully established market rate ROGO
33 exemptions from mobile homes to another location; or (2) Land Development Code Section 138-22(b)
34 (Transfer of ROGO exemptions off site) to transfer lawfully established market rate units to an eligible
35 receiver site when the following criteria is met:
36
37 1. receiver site is designated as Tier HI; and
38 2. receiver site is a legally platted lot; and
39 3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
40 Residential Mobile Home (URM) Land Use District; and
41 4. receiver site is located within the same ROGO planning subarea as the sender site; and
Ordinance No. 026 - 2019 Page 6 of 7
File 2019-082
1 5. receiver site property is not a working waterfront.
2
3 Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved
4 earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land
5 Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance
6 extend beyond 365 days from the effective date of this ordinance.
7
8 Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any
9 section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
10 unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses,
11 and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this
12 Ordinance shall stand notwithstanding the invalidity of any part.
13
14 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
15 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
16
17 Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
18 development regulation" as State law defines that term. This ordinance shall be filed in the Office of the
19 Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land
20 Planning Agency or Administration Commission finding the amendment in compliance, and if challenged
21 until such challenge is resolved pursuant to Chapter 120, F.S.
22
23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
24 at a regular meeting held on the 17th day of July , 2019.
25
26 Mayor Sylvia Murphy Yes ,
27 Mayor Pro Tern Danny L. Kolhage Yge
28 Commissioner Heather Carruthers Yge; 4.12. -.7
29 Commissioner Michelle Coldiron If7 '"
30 Commissioner David Rice Q
N ''7
31 `�*'a, �- G
32 `•'`i ,1 BOARD OF COUNTY COMMISSIOI I -a
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OF MONROE ID 36likt,
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38
39 A ST: VIN MADOK, CLERK A _4, COUNTY T+O
40 S1I'y\,..r,^..i I. VAi.Li.1S
41 DEPUTY CLERK oI$TAN•Y . 13 YAT IO
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Ordinance No. 026 - 7019 Page 7 of 7
File 2019-082
f
KEY' WEST
ILN4 ITIZEN
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
Account: 138694 Ticket: 301032.,.;.,
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [Iegal.teXt]
B f e e undersigned a ority personally appeared
,who on oath says that he or she is
of the Key West Citizen, a daily
newspaper published' Key W , 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 30,2019
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 t id wspape.
(Signature of Affiant)
A m d d su sc' d before me this 30th day of June 2019
( of ublic atu e)
(Notary P blic Printed Name) (Notary Seal)
My commission expires 6'.27p2�
Personally Known X Produced Identification
•
�� •11 Sue nn
Type of Identification Produced •• •� Sta
y, .
=COMMISSION#GG2 280
EXPIRES:
,,-'; � %%% June27,2022
Bonded nuts Aaron Notary
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
July 17, 2019
NOTICE IS HEREBY GIVEN that on Wednesday, July 19, 2019, the Monroe County Board of County
Commissioners will hold a Public Meeting at the Marathon Government Center,2798 Overseas Highway,
Marathon,Monroe County,Florida,to review and receive public comment for the following items:
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
MONROE COUNTY LAND DEVELOPMENT CODE SECTION 139-1, AFFORDABLE AND EMPLOYEE
HOUSING; ADMINISTRATION, TO SPECIFY THAT WHEN CALCULATING DENSITY, AFFORDABLE
HOUSING DENSITY SHALL BE EXCLUDED FROM CALCULATIONS OF CUMULATIVE HOTEL/MOTEL
DENSITY ON A PARCEL(OPERATING AS A DENSITY BONUS FOR THE DEVELOPMENT OF AFFORDABLE/
' EMPLOYEE HOUSING ON PROPERTIES WITH A HOTEL/MOTEL); AS PROPOSED BY LONGSTOCK
II, LLC; 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 2017-075)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 15,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136970-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
TRUST; PROVIDINir FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
I STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE,(FILE 2018-238)See Map 1 below:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
THE MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER I TO TIER III, FOR PROPERTY
LOCATED AT MILE MARKER 5,LEGALLY DESCRIBED AS BLOCK 3,LOT 16,KEY HAVEN ESTATES,SIXTH
ADDITION, RACCOON KEY PLAT BOOK 5, PAGE 18, RACCOON KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NO.00136980-000000,AS PROPOSED BY ROBERTO LOPEZ AND MARGO REV
" TRUST; 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.TIER OVERLAY DISTRICT MAP; PROVIDING FOR AN
EFFECTIVE DATE.(FILE 2018-238)See Map 2 below:
Map 1 Map 2 ,
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AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 010-2017 AND EXTENDED 365 DAYS THROUGH ORDINANCE 019-2018, FOR AN
ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND APPROVAL OF NEW APPLICATIONS FOR
THE ESTABLISHMENT OF MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING FACILITIES
COMMENCING OCTOBER 27, 2019, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND
DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA
TREATMENT CENTERS DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF
THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST;PROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-061)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 012-2017,AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT
BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS,
DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE
HOUSING DWELLING UNITS),WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR
"TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM"OF A DWELLING UNIT,
AND APPLICATIONS UTILIZING THE TERM"LOCK-OUT,"COMMENCING OCTOBER 27,2019,UNTIL THE
BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE REGARDING THE DEFINITIONS OF DWELLING UNIT;HOUSEHOLD;FAMILY AND THE UNDEFINED
TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST;PROVIDING FOR SEVERABILITY;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(File 2019-081)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING
AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 011-2017,AND EXTENDED THROUGH ORDINANCE 020-2018, FOR AN ADDITIONAL 365
DAYS TO DEFER THE 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 OCTOBER 27,2019, 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;EXCEPT TO ALLOW NEW
APPLICATIONS,OR RECEIVED APPLICATIONS THAT HAVE NOT FULLY BEEN APPROVED, PURSUANT
TO RESOLUTION 203-2018, TO UTILIZE MONROE COUNTY CODE SECTION 139-2 (AFFORDABLE
HOUSING INCENTIVE PROGRAM) OR SECTION 138-22(B) (TRANSFER OF ROGO EXEMPTIONS) TO
TRANSFER MARKET RATE ROGO EXEMPTIONS TO TIER III PLATTED LOTS WITHIN THE IMPROVED
SUBDIVISION(IS)OR URBAN RESIDENTIAL MOBILE-HOME(URM)LAND USE DISTRICT AND WITHIN THE
SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING
UNITS PROVIDED THE RECEIVER SITE IS NOT A WORKING WATERFRONT; AS RECOMMENDED BY
THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION
WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN
THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST;
PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-082)
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 29,2019 Key West Citizen
..%-e0 Kevin Madok, CPA
i ...7(1
t.= Clerk of the Circuit Court& Comptroller— Monroe County, Florida
July 24, 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.026-2019 extending an Interim Development
Ordinance as initially established on July 19,2017 through Ordinance 011-2017,and extended through
Ordinance 020-2018, for an additional 365 days to defer the 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
October 27,2019,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; except to allow new applications,or received
applications that have not fully been approved,pursuant to Resolution 203-2018,to utilize Monroe
County Code Section 139-2(Affordable Housing Incentive Program)or Section 138-22(b)(transfer of
ROGO exemptions)to transfer market rate ROGO exemptions to Tier III platted lots within the Improved
Subdivision(IS)or Urban Residential Mobile-Home(URM)Land Use District and within the same
ROGO planning subarea for the development of single family detached dwelling units provided the
receiver site is not a working waterfront; as recommended by the Affordable Housing Advisory
Committee and the BOCC; providing for expiration within 365 days of the effective date of this Interim
Development Ordinance or when the Land Development Code amendments become effective, whichever
comes first; providing for severability;providing for transmittal to the State Land Planning Agency and
the Secretary of State; providing for an effective date. (File 2019-082).
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular
meeting,held in formal session,on July 17, 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
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FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
July 24, 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. 026-2019, which was filed in this office on
July 24, 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
Final Order No. DEO-19-041
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY o
ter- rn
cJ r-r; C=7
In re: A LAND DEVELOPMENT REGULATION r, N
ADOPTED BY MONROE COUNTY, FLORIDA, ;=p am. m
ORDINANCE NO. 026-2019 �� - 9
r-
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 026-2019
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 026-2019 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 17, 2019, and rendered to
the Department on August 19, 2019.
3. The Ordinance provides for an additional 365-day extension to a previously
approved interim development ordinance, Ordinance 011-2017, which was approved by
Department's Final Order DEO 17-144. Ordinance 011-2017 provided for deferring the processing
of applications submitted to Monroe County pursuant to section 139-2 of the Monroe County
Code,concerning the Affordable Housing Incentive Program,and section 138-22(b)of the Monroe
County Code, concerning the transfer of off-site market rate units to another location. Ordinance
020-2018, which was approved by Department's Final Order DEO 19-026,previously provided a
365-day extension for Ordinance 011-2017.
1
Final Order No. DEO-19-041
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Objective
101.5 and Policy 601.1.9.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 026-2019 is consistent with the Monroe County Comprehensive Plan and Principles
2
Final Order No. DEO-19-041
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
'This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
J es D. Stansbury, Chief
reau of Community Planning and Growth
epartment of Economic Opportunity
3
Final Order No. DEO-19-041
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE DATE OF FILING
OF THE FINAL ORDER AS INDICATED ON THE CERTIFICATE OF SERVICE. A
PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
DATE OF THE FILING OF THE FINAL ORDER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL. BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-19-041
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this WV� day of %O\NOW , 2019.
Jay lerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway
Suite 234
Key Largo, Florida 33037
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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