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
July 17, 2019
Agenda Item Number: P.4
Agenda Item Summary #5720
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance extending
interim development ordinance 011-2017, for 365 days, to defer the transfer of market rate ROGO
exemptions, until the Land Development Code is amended to limit the transfer of market rate ROGO
exemptions to platted lots within the Improved Subdivision (IS) or Urban Residential Mobile-Home
(URM) land use districts, not within a working waterfront, for the development of single family
detached dwelling units.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources is proposing a 365-day extension to an
approved interim development ordinance (IDO), Ordinance 011-2017, which imposed a temporary
moratorium deferring the approval of new private applications or received applications that are not
yet approved, proposing to utilize Monroe County Code Section 139-2 (Affordable Housing
Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market
rate units to another location except as permitted through Resolution 203-2018 adopted on July 18,
2018 (File 2018-082).
On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017. On July 18, 2018
the BOCC reduced the scope of interim development Ordinance 011-2017 through Resolution 203-
2018. On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018 extending
the moratorium for an additional 365 days. Staff is seeking an extension to the IDO.
The proposed amendment to Ordinance 011-2017 would maintain the moratorium except to allow
the transfer of market rate ROGO exemptions pursuant to Section 139-2 (Affordable Housing
Incentive Program) and/or Section 138-22(b) (Transfer of ROGO Exemptions Off-Site) only to
receiver properties that meet all of the following criteria:
1. receiver site is designated as Tier III; and
2. receiver site is a legally platted lot; and
3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
4. receiver site is located within the same ROGO planning subarea as the sender site; and
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P.4
5. receiver site property is not a working waterfront.
At a regular meeting held on June 26, 2019, the Monroe County Planning Commission reviewed the
proposed interim development Ordinance and provided for public input.
PREVIOUS RELEVANT BOCC ACTION:
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 011-2017 implementing the moratorium described above.
On July 18, 2018 the BOCC reduced the scope of interim development Ordinance 011-2017 through
Resolution 203-2018
On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018, extending the
moratorium described above.
Interim Development Ordinance 020-2018 is due to expire on October 27, 2019, if the relevant
Comprehensive Plan and Land Development Code amendments are not adopted and effective before
that date.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2019-082 BOCC SR 07.17.19
Ex.l_Ordinance 011-2017
Reso.203-2018_Reduce_Scope_IDO_MR_Transfers
Ordinance 020-2018
2019-082 Ordinance DRAFT
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
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P.4
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Cheryl Cioffari Completed 06/23/2019 3:41 PM
Steve Williams Completed 06/24/2019 1:32 PM
Maureen Proffitt Completed 06/24/2019 1:47 PM
Assistant County Administrator Christine Hurley Completed
06/25/2019 10:20 AM
Budget and Finance Completed 06/25/2019 10:29 AM
Maria Slavik Completed 06/25/2019 11:21 AM
Kathy Peters Completed 06/25/2019 11:35 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring,professional and fair
8 co
9
10
11 To: Monroe County Board of County Commissioners
12
13 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources
14
15 Date: June 21, 2019
16
17 Subject: An ordinance by Monroe County Board of County Commissioners (BOCC) extending a
18 temporary moratorium deferring the approval of new private applications or received E
19 applications that are not yet approved, proposing to utilize Monroe County Code Section I-
0
20 139-2 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO
21 exemptions off site) to transfer market rate units to another location, except as permitted o
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22 through Resolution 203-2018 adopted on July 18, 2018 (File 2018-082).
23
24 Meeting: July 17, 2019 E
25
26 I. REQUEST
27
28 The Monroe County Planning & Environmental Resources is proposing a 365-day extension to an =
0
29 approved interim development ordinance (IDO), Ordinance 011-2017, which imposed a temporary M
30 moratorium deferring the approval of new private applications or received applications that are not 0
31 yet approved, proposing to utilize Monroe County Code Section 139-2 (Affordable Housing �
32 Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site)to transfer market
33 rate units to another location except as permitted through Resolution 203-2018 adopted on July 18,
34 2018 (File 2018-082). i
35 co
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36 On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017. On July 18, 2018 tag
37 the BOCC reduced the scope of interim development Ordinance 011-2017 through Resolution 203- 0
38 2018. On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018 extending °°i
39 the moratorium for an additional 365 days. Staff is seeking an extension to the IDO. 00
40
41 II. BACKGROUND INFORMATION
42
43 On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016
44 providing 33 recommendations to the Board of County Commissioners on the issues included in
45 their charge.
46
47 On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted
48 Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
PC SR 06.26.19 Page 1 of 5
File No. 2019-082
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I studies to support and inclusionary housing requirement to cover transient and commercial
2 development as well as requested staff to schedule a special meeting to discuss the remaining
3 recommendations.
4
5 At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33
6 recommendations provided by the Affordable Housing Advisory Committee and directed staff to
7 research certain items, implement certain items and process amendments to the land development cm
8 code. C?
9
10 At a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe
11 County Code Section 139-2 (affordable housing incentive program), as recommended by the
12 Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile
13 homes to only tier III designated platted lots within the Improved Subdivision (IS)land use district
14 and within the same ROGO planning subarea for the development of single family detached
15 dwelling units.
16
17 On April 13, 2016, at a special public meeting, the BOCC adopted the Land Development Code to
18 be consistent with the Monroe County Year 2030 Comprehensive Plan. On July 26, 2016, DEO .2
19 published Final Order DEO-16-130 in the Florida Administrative Register approve the Monroe
20 County Land Development Code (Ordinance 006-2016). On August 10,2016, the Petitioners filed a 0
21 Petition with DEO challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an E
22 ordinance amending Section 130-165 to resolve the Petition challenging the DEO issued Final Order, 2
23 satisfying a stipulated settlement agreement and allowing the Monroe County Land Development a
24 Code to become effective. The County's updated land developed code became effective on February E
25 3, 2017. 0
26
27 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in
28 Key West, Florida, directed staff to impose a temporary moratorium upon certain development
29 applications proposing to utilize Monroe County Code Section 139-2 (affordable housing incentive
30 program) to transfer ROGO exemptions from mobile homes to another location.
31
32 The Monroe County Board of County Commissioners adopted Resolution 088-2017, at a regular
33 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose r
34 a temporary moratorium deferring the approval of new private applications or received applications
35 that are not yet approved, proposing to utilize Monroe County Code Section 139-2 (Affordable co
36 Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to
37 transfer market rate units to another location. 0
38
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39 On July 19, 2017, the BOCC adopted interim development Ordinance Olt-2017, to defer the co
40 approval of new private applications or received applications that have not been fully approved
41 utilizing Monroe County Code Section 139-2 (affordable housing incentive program) to transfer
42 ROGO exemptions from mobile homes to another location, or Section 138-22(b)to transfer off-site
43 market rate units to another location, commencing March 15, 2017, until the Land Development
44 Code is amended to limit the transfer of ROGO exemptions from mobile homes to only Tier III
45 designated platted lots within the Improved Subdivision (IS) land use district or the Urban
46 Residential Mobile-Home(URM)land use district and within the same ROGO planning subarea for
47 the development of single family detached dwelling units and the receiver property shall not be a
48 working waterfront; as recommended of the Affordable Housing Advisory Committee and the
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File No. 2019-082
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P.4.a
I BOCC; providing for expiration within 365 days of the effective date of the interim development
2 ordinance or when the land development code amendments become effective,whichever comes first.
3 Ordinance 011-2017 is due to expire on October 27, 2018. Staff is continuing to work on the
4 necessary text amendments.
5
6 On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage
7 occurred to the housing stock,particularly in areas with lower cost housing options for members of
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8 the local workforce.Due to the need to rebuild a substantial number of homes throughout the County,
9 and the objective to maintain affordability while rebuilding a resilient housing stock, both private
10 and public agencies and property owners are engaged in redevelopment activities that may require
11 or benefit from the transfer of market rate ROGO exemptions. Potential motivation to transfer
12 market rate ROGO exemptions includes, but is not limited to: vulnerability of sender sites to future
13 storm damage; overcrowding of dwelling units on pre-storm housing sites; availability of funding
14 for specific project types and locations; opportunities to replace market rate housing with deed
15 restricted affordable housing to maintain workforce housing stock; and the potential to leverage
16 market rate ROGO transfers in order to fund efforts to reconstruct affordable units.
17
18 Additionally, on April 19,2018 at the regularly scheduled Board of County Commissioners meeting, .2
19 the BOCC gave direction to staff to process proposed text amendments to the Comprehensive Plan
20 and Land Development Code to incentivize the development of affordable housing by allowing the
21 issuance of affordable housing ROGO allocations to Tier I, Tier II, Tier III and Tier III-A designated E,
22 parcels in order to replace market rate dwelling units with a deed-restricted affordable housing 2
23 dwelling units. a
24 E
25 Since the adoption of Ordinance 011-2017, there have been instances in which an applicant seeks to 0
26 transfer an existing market-rate unit to an off-site location and redevelop the property with a deed-
27 restricted affordable dwelling unit. However, the interim development Ordinance 011-2017
28 prohibits the ability to transfer the market-rate unit at this time, and therefore does not allow the
29 owner to realize the full potential of the incentives the BOCC wishes to offer for redevelopment of
30 homes with deed restricted affordable units.
31
32 On July 18, 2018 at a regularly scheduled meeting in Marathon, the Monroe County BOCC adopted
33 a resolution that reduced the scope of interim development ordinance (IDO) 011-2017 to allow for
34 the transfer of market-rate units utilizing Monroe County Code Section 139-2 (Affordable Housing i
35 Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) in certain limited co
36 situations.
37 0
38 The proposed amendment to Ordinance 011-2017 would maintain the moratorium except, as ca
39 approved through Resolution 203-2018, to allow the transfer of market rate ROGO exemptions co
40 pursuant to Section 139-2 (Affordable Housing Incentive Program) and/or Section 138-22(b)
41 (Transfer of ROGO Exemptions Off-Site) only to receiver properties that meet all of the following cm
42 criteria:
43 1. receiver site is designated as Tier III; and
44 2. receiver site is a legally platted lot; and
45 3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
46 Residential Mobile Home (URM) Land Use District; and
47 4. receiver site is located within the same ROGO planning subarea as the sender site; and
48 5. receiver site property is not a working waterfront.
PC SR 06.26.19 Page 3 of 5
File No. 2019-082
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P.4.a
1
2 Staff is continuing to work on BOCC directed amendments related to limiting the transfer of ROGO
3 exemptions from mobile homes to only Tier III designated platted lots within the Improved
4 Subdivision(IS)land use district or the Urban Residential Mobile-Home(URM)land use district and
5 within the same ROGO planning subarea for the development of single family detached dwelling
6 units where the receiver site is not be a working waterfront; as recommended of the Affordable
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7 Housing Advisory Committee and the BOCC.
8
9 Community Meeting and Public Participation
10 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019
11 in Marathon to provide for public input. There was no public in attendance.
12
13 Development Review Committee and Public Input
14 The Development Review Committee considered the proposed amendment at a regular meeting on
15 May 28, 2019 and received public input.
16
17 Planning Commission and Public Input 2
a
18 The Planning Commission considered the proposed amendment at a regular meeting on June 26,2019
19 and received public input. 0
20 E
21 Previous BOCC Action
22 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development 0
23 Ordinance 011-2017 implementing the moratorium described above. E
24
25 On July 18, 2018 the BOCC reduced the scope of interim development Ordinance 011-2017 through
26 Resolution 203-2018
27
28 On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018, extending the
29 moratorium described above.
30
31 Interim Development Ordinance 020-2018 is due to expire on October 27, 2019, if the relevant
32 Comprehensive Plan and Land Development Code amendments are not adopted and effective before
33 that date.
34
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35 III. STAFF RECOMMENDATION
36 0
37 Staff recommends approval of the extension to the IDO. ca 1
38 co
39 The IDO provides a period of time between the current adopted comprehensive plan and land
40 development code and the adoption of any new amendment(s) [new definitions and/or other code
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41 requirements] to ensure that the amendments are fully evaluated to ensure public health, safety,
42 and welfare of the citizens of unincorporated Monroe County, including the provision of public 0
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43 participation in the planning process.
44
45 IV. EXHIBITS
46
47 1. Ordinance 011-2017
PC SR 06.26.19 Page 4 of 5
File No. 2019-082
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P.4.a
1 2. Resolution 203-2018
2 3. Ordinance 020-2018
3 4. Draft Ordinance
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PC SR 06.26.19 Page 5 of 5
File No. 2019-082
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Exhibit 1
MONROE COUNTY, FLORIDA
ORDINANCE Oil -2017
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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 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 THIS _
INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND
DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
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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.
i
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an a.
ordinance to impose a temporary moratorium deferring the approval of new private applications or
received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off
site)to transfer market rate units to another location; and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing
incentive program) to transfer ROGO exemptions from mobile homes to another location; and
2017-054 Page 1 of 5
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P.4.b
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County
adopted Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable
Housing Advisory Committee, including its assigned duties; and
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WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the co
Affordable Housing Advisory Committee; and
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WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County
Board of County Commissioners for professional services on Affordable Workforce Housing
Stakeholder Assessment; and
WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder
Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and E
.
WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
Commissioners adopted Resolution 139-2015 assigning additional duties to the Affordable Housing
Advisory Committee; and
0
WHEREAS, at a regular meeting held on the loth of June, 2015, the Board of County
Commissioners adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to
establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend
Resolution 139-2015 to add one additional duty to the committee; and
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WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted
Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for
the development of a workforce housing development plan; and
WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County
Commissioners adopted Resolution 393-2015, supporting and encouraging collaboration between the 0i
County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
affordable and workforce housing; and a.
WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted
Resolution 02-2015, recommending to the Board of County Commissioners an amendment to the
Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act;
and
WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution
403-2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the
State Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing
Finance Corporation; and
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. P.4.b
WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee
recommended to the Board of County Commissioners a Review of Surplus Land Inventory and
Inventory List and provided an inventory of county-owned real property which may be appropriate for
affordable housing; and
WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution
404-2015, approving the inventory of county-owned real property which may be appropriate for
affordable housing; and
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WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted CO
Resolution 03-2015, recommending that the Board of County Commissioners support and fund a nexus
study as the first step in considering the expansion of the current County residential inclusionary
housing program to cover transient and commercial development in the County; and
WHEREAS, 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; and
WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory
Committee's adopted Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC E
approved contracts for studies to support an inclusionary housing requirement to cover transient and
commercial development as well as requested staff to schedule a special meeting to discuss the
remaining recommendations; and
WHEREAS, on 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; and
WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff
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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; and a®
i
WHEREAS, the County's updated land development code became effective on February 3,
2017; and a.
WHEREAS, an ordinance addressing the interim time period between the current adopted land
development code and the adoption of the amendment to Section139-2 as recommended of the
Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
unincorporated Monroe County, including the provision of public participation in the planning process;
and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing
incentive program) to transfer ROGO exemptions from mobile homes to another location; and
2017-054 Page 3 of 5
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P.4.b
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new private applications or
received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off
site) to transfer market rate units to another location;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY: co
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new private applications or received applications that are not yet approved,
commencing March 15, 2017, utilizing: U)
1. Monroe County Code Section 139-2 (Affordable Housing Incentive Program) to transfer ROGO
exemptions from mobile homes to another location; or
2. Monroe County Code Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer
market rate units after an affordable housing unit has been awarded to another location
a
until the Land Development Code is amended to:
0
a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the
following criteria:
i. receiver site is a Tier III designated platted lot; and
ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District or
the Urban Residential Mobile Home (URM) Land Use District; and _
iii. receiver site is a platted lot located within the same ROGO planning subarea; and
iv. receiver site property is not a working waterfront; cm
as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for
expiration within 365 days of the effective date of an interim development ordinance or when the Land
S
Development Code amendments become effective, whichever comes first. °®
i
Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless
dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the
adoption of Land Development Code amendments. In no event, however, shall the moratorium
imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
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Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
development regulation" as State law defines that term. This ordinance shall be filed in the Office of
the Secretary of State of Florida, but shall not become effective until a notice is issued by the State
Land Planning Agency or Administration Commission finding the amendment in compliance, and if
challenged until such challenge is resolved pursuant to Chapter 120, F.S.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of July , 2017.
U)
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
a
BOARD OF COUNTY COMMISSIONERS
0
OF MONROE COUNTY, FLORIDA
�•
BYti
`v Mayor George Neugent
' NR
E COUNTY ATTO NEY
AT�T Tr IN MADOK, CLERK M ap , vE S M�
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AScd:i 'r'.'ti: C�1���TyOREY
DEPUTY CLERK Dati
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2017-054 Page 5 of 5
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Kevin Madok, cPA
Clerk of the Circuit Court&Comptroller_Monroe County, Florida
C
August 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250co
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 011-2017 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 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 2
Residential Mobile-Home(URM) Land Use District and within the same ROGO planning
subarea for the development of a 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 the expiration with 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 19, 2017. Should you have any questions,please
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feel free to contact me at (305) 295-3130.
Respectfully Submitted,
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Kevin Madok, CPA, Clerk of as
the Circuit Court & Comptroller& 0i
ex-officio to the Monroe County
Board of County Commissioners a.
by: Pamela G. Hancock, D.C.
cc: Growth Management
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 Packet Pg. 3166
FLORIDA DEPARTMENT 0.f STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
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August 3, 2017
U)
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Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101 2
Key West, Florida 33040 2
0
Attention: Ms. Pam Hancock
Dear Mr. Madok:
a
0
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 011-2017, which was filed in this office on August 3,
2017.
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Sincerely,
E
Ernest L. Reddick 1
Program Administrator w
ELR/lb
E
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us Packet Pg. 3167
P.4.b
Final Order No. DEO-17-144
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY 3 0 -''
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CDC) c�i o
In re: A LAND DEVELOPMENT REGULATION Q� o
ADOPTED BY MONROE COUNTY, FLORIDA, C5E ;
ORDINANCE NO. 011-2017 4C-) s m
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 011-2017
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. 011-2017 (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.
a
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ("Code") by cm
deferring the processing of applications submitted to Monroe County pursuant to Sections 139-2
and 138-22(b), Monroe County Code, for no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
x
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. Sections 380.05(6), and
380.0552(9), Florida Statutes.
1
Packet Pg. 3168
P.4.b
Final Order No. DEO-17-144
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
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generally, and specifically, Objective 101.5 and Policy 601.1.9, as ' required by section
163.3177(1), Florida Statutes. U)
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.
Sections 380.05(6) and 380.0552(9), Florida Statutes. 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
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. cm
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
S
(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.
x
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.011-2017 is consistent with the Monroe County Comprehensive Plan and Principles
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
2
Packet Pg. 3169
P.4.b
Final Order No. DEO-17-144
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
mes D. Stansbury, Chiefcm
ureau of Community Planning and Growth
Department of Economic Opportunity
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U)
NOTICE OF ADMINISTRATIVE RIGHTS
a
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
a
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 a
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.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
S
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128 E
FAX 850-921-3230
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
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
3
Packet Pg. 3170
P.4.b
Final Order No. DEO-17-144
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 40'�-4 day of October, 2017.
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Agenc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By Certified U.S. Mail:
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980cm
Key West, Florida 33041
S
i
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4
Packet Pg. 3171
C14
00
2 Q
3 MONROE (,70UNTN", FLORIDA
4 RESOLIFTH')N 203 -2018
6
7
8 A RFSO[A YTION OF YI IF BOARD Ol" ('(,)tJN I'Y (',O)NIN4 ISSR)Nl-'RS, AN/11,,"MANO
9 INTERIM 1MVELOPMEw ORDINANCI,,J 011-2017 TO RFJ)IJCE YI C(Al', IN
E
10 0 R D E R 11) A IA ()W N 1,`,'X A 1)P 1,1 C A ll 0 N S. 0 R R I X,T I V E'D A PI)I.,I CATI 0 N S I I I I"
I) I MVE NOT BEL,N FULLY ,\PPROVFLX To U HLAZL, NIONROF.' COLWFY 0 D I,`,'
12 SECTION 139-2 (Al"FORDABLL,-, HOUSM; INCENTIVL, PROGRAM,) OR ON 0
E
13 =210) (TRANSFER M RO(K) EXEMP'llONS) TO TRANSFER MARKL,T RATF,
14 ROGO EXENIP'HONS '10 'IIER III PE,NTrF,,i) LOTS WrIMIN THE IMPROWED
15 St I B DIV IS ION (IS) OR LJRBA N RE S I Dl,�,NTIAL MOB I LE-I JOM I. (I J RM) LAND U SF' E
16 DISTRICT AND WITHIN THE SAMIR 11060 PLANNING SUBAREA FOR VIE
17 DEVELOPNIENT OF SINME FAMILY DETACFH-.'I) DWELLING UNII'S,
Is UIM)VIDHD THE RECEIVER SITE IS NOT At WORKIN('J WA'I'ERFRONT, AS
19 RECOMMENDIM BY TIFEAFF()RDABLF, HOUSING ADVISORY CONINTHTEL,
20 AND VIE BO(,',C: PROVIDING MR SEWRABILAW PROVIDING MR
21 TRANSNIFFTAL 1`0 TIE STATH LAND I'LANNING AGENCY AND
22 SECRETARY OF STAW PROVIDING 1':'0RAN L,.fTl,,,O:"H V L,' 1)AT F.
23 0
24
25 0
26 MIIJERIEAS the Monme CAmmy Board of County (Windsioners (BOCC) Mooed Remdution
27 088-21H 7, at a reguWr meeting on March 15, 2017 in Key I.,argo, Florida, directing staff to process an
28 ordinance to impose as temporary inmakwium deferring the appovM ofnew private applications car-received
29 applications that arc notyc( appmvW. proposing U) MH&c Monwe Coumy Code Section 139-2(Affordable
co
30 MY, Incentive NoWsm) or Section IM22(b) (Transli of RC) W exeniplions off' site) to transfer N
31 market rate units "u) anod-ter location; and C�
32 cm
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33 1001EIREAN. the BOCC adopted Ordinance 01 1-2017 at a regular meeting on July 19, 2017 in U)
34 Marathon, Florida. imposing as tenipornry axwMorium delerring the approw or new priNiatc applications or
r_
35 received apoicatkms tht are not yet appxoved. prwTolng to utilize N,llonroe County Code Section 139-2 E0
36 (Anbrtlabb I%sing hicentive Ilognun) or Section 13811b) (Ilatuthr of ROGO exemptions oll'site) to
37 tranxId market rate uniB w wuAkr kwadw and
38
Reno No�,..2N -2018 Page 1.of 3
1 Packet Pg. 3172
I WHEREAS, on April 19, 2018, at the NgUlarly scheduled meeting, the BOCC gave direction to
2 staff to process proposed text (imendments to the Coinprehensive Plan and Land Development Code to
3 incentivize the developtnent ofalTordable housing by 01(ming the issuance ol'affordable housing RC:, GO
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4 allocations to 'Fier 1. Tier 11, Tier M and Tier 111-A designated parcels in order to replace 111'arket rate
5 CIWCIling UllitS with a deed-restricted affordable housing &velhng units; and
6
U)
7 WHEREAS, since the adoption of Ordinance 011-2,017, there have been instances In vvilich an
U)
8 applicant seeks to transfier an existuig market-rate R060 cxcniption to an off'site location and redevelop
9 the property with as deed-restricted, affordable dwelling unit: and
10
11 WHEREAS, the interim, dcvclopnlent Ordimance 0 11-2017 prohibits the ability to transfer the 0�
12 niarket-rate IMC'10 exemption at this tin-le, awned therefore does not allow, tile owner to realize the full
13 potential of the incentives the 13OCC Nvishes to offer for redevelopnient of homes with, deed E restricted 2 C
14 affordable urins., and 0
2
15 0
16 WHEREAS,the BOCC seeks to reduce the scope of 0rdinance(it 1-201 Tso that market rate ROGO E
17 transfers Consistent with the intent ofthe adopted nioratoriLull Ill,"Iy be allo%ved at this tirric, prior tau adoption 2
0
18 ofthe directed land developillent code aniendn'lents, and Ea
19 0 r
20 WHEREAS, interim developtilent Ordinance 01 1-2017 shall renlain in place notwithstanding the 0
21 modifications made herein, and
22
U)
23 WHEREIAS, Monroe ounty, policies and re�'Ldalions adopted in the Monroe ("OUnt
24 Comprehensive Plan and Land Developir'ient C'ode are to maintain public health, safety, and welfare ofthe
25 citizens of the I'lorida Keys and to strengthen, our local governnient capability, to manage land use and
26 developinent; and 0
27
28 NOW,T HEREFORU", RE IT RES01,AIED BY THE BOARD OF COUNTV C'ONIMISSIONERS OF
0
0
29 MONIZOE COUNTV- CO
30
31 Section 1. Reduction in Scope of Monme Count Board of Count ."ommissioners Interim
32 Development Ot-dinance 011-21117 Imposed. "The Monroe County planning and L:nvironmental 0
33 Resources De partaient shall accept new private application an
d/or nd process
/or press received applications [flat a 00
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34 not yet approved, connrienCing on the CffCCti\Ie (late of this I-CS0111tiOn, UtiliZing: CM
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35 1, Monroe County, Code Section 139-2 (Affordable I lousing Incentive Prograrn) to transiler ROGO 0
36 exemptions from mobile hon-ies to another localiow. or
37 2, MOnr0e C,,OLUILY ("ode Section 138-22(b) (Frans fer of ROGO exeniptions,off site) to transfer niarker -;j
38 rate units to another location,- E
39 I)rovided that the transfer of Market I�atc ROG() cxciriptions is to receiver sites that incet all of the 2
40 following criteria,I:
41 a. receiver site is designated as Tier I 11; and
Reso No. 203 -2018 Page 2 of 3,
1 Packet Pg. 3173
4-
1 K receiver site is a le:gaily platted lot; and
2 c,e receiver site is within [lie ftnproved Sub&vk�on (B) Land Use District or the Urban
3 ResWenfial mobile Home (URM) Land Llse District; and
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4 d, receiver site is located within the saine R0(10 planning subaren as the iend site, and
51 e., receiver site property is not a working maiLerfront,
6 U)
L-
7 PASSED AND A113PTED by the Board Of' COMIty Commissioners, of Monroe County, Florida, at a 2
U)
S regular imeefing oft lie Board held on the-ILOhIly of LL,1.y _, 2018.
9
11 Mayor David Rice, District 4
-Yea,
12 Mayor Pro 'Fem Sylvia J. Murphy, District 5
E
13 Danny L. Koffiage, District I Yes
7
14 George Neu gent, District 2 Yes 0
is Heather Carrutherg, District 3 2
0
16 E
1,7 ttersw, KEVIN MADOK, CLERK BOARD oF coi-rvry COMMISSIONERS
MUNT IDA
18 OF MONROE COUNTY,FLO R 0
19 :K = a
40 E
t�y erk By: o
20 Depu
21 Mayor da�vil ice 0
22 (S EA L)
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Reno No 20.111111-2018
Packet Pg. 3174
P.4.d
1
2
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 ORDINANCE NO. 020 -2018
scm
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
12 AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE
13 011-2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF
14 NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT
15 HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE
16 SECTION 139-2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO
17 TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO ANOTHER E
18 LOCATION, OR SECTION 138-22(B) TO TRANSFER OFF-SITE MARKET
19 .RATE UNITS TO ANOTHER LOCATION, COMMENCING OCTOBER 27,
20 2018, UNTIL THE LAND DEVELOPMENT CODE IS AMENDED TO LIMIT
21 THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO
0
22 ONLY TIER III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED
23 SUBDIVISION (IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL
24 MOBILE-HOME (URM) LAND USE DISTRICT AND WITHIN THE SAME _
25 ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE co
26 FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPERTY
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27 SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED BY THE cm
28 AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC;
29 PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE
S
30 DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
31 LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
32 WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY;
33 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
34 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
35 EFFECTIVE DATE. (FILE 2018-089)
36
37 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-2017,
38 at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to
39 impose a temporary moratorium deferring the approval of new private applications or received
40 applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2
41 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to
File 2018-089 Page 1 of 7
Packet Pg. 3175
P.4.d
1 transfer market rate units to another location; and
2
3 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
4 February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
5 development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing
6 incentive program) to transfer ROGO exemptions from mobile homes to another location; and
7
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8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County co
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
10 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
11 development; and
12
13 WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted
14 Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable Housing
15 Advisory Committee, including its assigned duties; and
16
17 WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the Affordable E
°
18 Housing Advisory Committee; and
19
20 WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
cc
21 August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board
22 of County Commissioners for professional services on Affordable Workforce Housing Stakeholder
23 Assessment; and
24
25 WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County co
26 Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment cm
27 Report generated by FCRC Consensus Center, FSU, dated Apri12015; and
28
29 WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
30 Commissioners adopted Resolution 139-2015 assigning additional duties to the Affordable Housing °
31 Advisory Committee; and °.
32
33 WHEREAS, at a regular meeting_. held on the loth of June, 2015, the Board of County
34 Commissioners adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to
35 establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend
36 Resolution 139-2015 to add one additional duty to the committee; and
37
38 WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted
39 Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for the
40 development of a workforce housing development plan; and
41
File 2018-089 Page 2 of 7
Packet Pg. 3176
. P.4.d
1 WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County
2 Commissioners adopted Resolution 393-2015, supporting and encouraging collaboration between the
3 County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
4 affordable and workforce housing; and
5
6 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted
7 Resolution 02-2015, recommending to the Board of County Commissioners an amendment to the Local
8 Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and CO
9
10 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403-
11 2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State
12 Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance
13 Corporation; and
14
15 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended
16 to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and
17 provided an inventory of county-owned real property which may be appropriate for affordable housing; E
°
18 and
19
20 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-
21 2015, approving the inventory of county-owned real property which may be appropriate for affordable
22 housing; and
23
24 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted _
25 Resolution 03-2015, recommending that the Board of County Commissioners support and fund a nexus
26 study as the first step in considering the expansion of the County residential inclusionary housing program
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27 to cover transient and commercial development in the County; and
28
29 WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution
30 01-2016, providing 33 recommendations to the Board of County Commissioners on the issues included in °
31 their charge; and °.
32
.33 WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's
34 adopted Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
35 studies to support an inclusionary housing requirement to cover transient and commercial development as
36 well as requested staff to schedule a special meeting to discuss the remaining recommendations; and
37
38 WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the
39 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to
40 research certain items, implement certain items and process amendments to the land development code;
41 and
File 2018-089 Page 3 of 7
Packet Pg. 3177
I WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to
2 amend Monroe County Code Section 139-2 (affordable housing incentive program), as recommended by
3 the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile
4 homes to only Tier III designated platted lots within the Improved Subdivision (IS) land use district and
5 within the same ROGO planning subarea for the development of single family detached dwelling units;
6 and
7
8 WHEREAS, the County's updated land development code became effective on February 3, 2017; co
9 and
10
11 WHEREAS, an ordinance addressing the interim time period between the current adopted land
12 development code and the adoption of the amendment to Section 139-2 as recommended of the
13 Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code
14 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
15 unincorporated Monroe County, including the provision of public participation in the planning process;
16 and
17
°
18 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
19 February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
20 development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing
21 incentive program) to transfer ROGO exemptions from mobile homes to another location; and
22
23 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-2017,
24 at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to
25 impose a temporary moratorium deferring the approval of new private applications or received co
26 applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2 cm
27 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to
28 transfer market rate units to another location; and
29
30 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance 011-2017
31 at a regular meeting on July 19, 2017 in Marathon, Florida, imposing a temporary moratorium deferring
32 the approval of new private applications or received applications that are not yet approved, proposing to 0
33 utilize Monroe County Code Section 139-2 (Affordable Housing Incentive Program) or Section 138-22(b)
34 (Transfer of ROGO exemptions off site) to transfer market rate units to another location; and
35
36 WHEREAS, on April 19, 2018, at the regularly scheduled meeting, the BOCC gave direction to
37 staff to process proposed text amendments to the Comprehensive Plan and Land Development Code to
38 incentivize the development of affordable housing by allowing the issuance of affordable housing ROGO
39 allocations to Tier I, Tier II, Tier III and Tier III-A designated parcels in order to replace market rate
40 dwelling units with a deed-restricted affordable housing dwelling units; and
41
File 2018-089 Page 4 of 7
Packet Pg. 3178
• P.4.d
1 WHEREAS, since the adoption of Ordinance 011-2017, there have been instances in which an
2 applicant seeks to transfer an existing market-rate ROGO exemption to an off-site location and redevelop
3 the property with a deed-restricted affordable dwelling unit; and
4
5 WHEREAS, the interim development Ordinance 011-2017 prohibits the ability to transfer the
6 market-rate ROGO exemption at this time, and therefore does not allow the owner to realize the full
7 potential of the incentives the BOCC wishes to offer for redevelopment of homes with deed restricted
8 affordable units; and 00
9
10 WHEREAS, on July 18, 2018 the BOCC reduced the scope of Ordinance 011-2017 so that market
11 rate ROGO transfers consistent with the intent of the adopted moratorium may be allowed at this time,
12 prior to adoption of the directed land development code amendments through a separate adopted
13 resolution; and
14
15 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC)
16 reviewed the proposed interim development ordinance; and
17 E
18 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County Planning
19 Commission held a public hearing for the purpose of considering the proposed interim development
20 ordinance and provided for public comment; and
21
0
22 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P21-18
23 recommending approval of the proposed interim development ordinance; and
24 _
25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County co
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the oo
cm
27 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
28 development; and
29
3o NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
31 OF MONROE COUNTY:
32
33 Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resources Department
34 shall defer the approval of new private applications or received applications that are not yet approved,
35 commencing October 27, 2018, utilizing:
36 1. Monroe County Code Section 139-2 (Affordable Housing Incentive Program) to transfer ROGO
37 exemptions from mobile homes to another location; or
38 2. Monroe County Code Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer
39 market rate units after an affordable housing unit has been awarded to another location until the
40 Land Development Code is amended to:
41
File 2018-089 Page 5 of 7
Packet Pg. 3179
P.4.d
1 a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the
2 following criteria:
3 i. receiver site is a Tier III designated platted lot; and
4 ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District
5 or the Urban Residential Mobile Home (URM) Land Use District; and
6 iii. receiver site is a platted lot located within the same ROGO planning subarea; and
7 iv. receiver site property is not a working waterfront;
co
8 as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for
9 expiration within 365 days of the effective date of this ordinance or when the Land Development Code
10 amendments become effective, whichever comes first. U)
11
12 Notwithstanding the foregoing, the Monroe County Planning and Environmental Resources Department
13 shall accept and consider new private applications or received applications that are not yet approved,
14 commencing upon the effective date of this ordinance utilizing either (1) Land Development Code Section
15 139-2 (Affordable Housing Incentive Program) to transfer lawfully established market rate ROGO
16 exemptions from mobile homes to another location; or (2) Land Development Code Section 138-22(b)
17 (Transfer of ROGO exemptions off site) to transfer lawfully established market rate units to an eligible
18 receiver site when the following criteria is met:
0
19
20 1. receiver site is designated as Tier III; and
21 2. receiver site is a legally platted lot; and
22 3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
23 Residential Mobile Home (URM) Land Use District; and
24 4. receiver site is located within the same ROGO planning subarea as the sender site; and _
25 5. receiver site property is not a working waterfront. 00
26
27 Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved
28 earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land
29 Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance
30 extend beyond 365 days from the effective date of this ordinance.
31
32 Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any
33 section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
34 unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses,
35 and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this
36 Ordinance shall stand notwithstanding the invalidity of any part.
37
38 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
39 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
40
41 Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
File 2018-089 Page 6 of 7
Packet Pg. 3180
P.4.d
I development regulation" as State law defines that term. This ordinance shall be filed in the Office of the
2 Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land
3 Planning Agency or Administration Commission finding the amendment in compliance, and if challenged
4 until such challenge is resolved pursuant to Chapter 120, F.S.
5
6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
7 regular meeting of the Board held on the 15th day of August , 2018.
8 co
9
10 Mayor David Rice, District 4 Yes o
11 Mayor Pro Tem Sylvia J. Murphy, District 5 Yes ems;
12 Dann L. Kolha e, cnrn y g District 1 Yes U)
13 George Neu gent, District 2 Yes `
g g
14 Heather Carruthers, District 3 Yes ?: Mt
15
16
`,
17 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS *: iR
ei: ..
18 OF MONROE C UNT , FLORIDA
19 M�
20 Cl By:
2 Mayor Davi ice
U22
00
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Gt
,e• uH*v�t�
MONROE COUNTY ATTI'AN EY cO
ASSISTA-NT `>•'f AYTORN0
3 �
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File 2018-089 Page 7 of 7
Packet Pg. 3181
CKevin Madok, CPA
Clerk of the Circuit Court& Com troller— Monroe Count Florida
Y1
September 4, 2018
Department of State
Administrative Code & Register
500 S Bronough Street co
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 020-2018 extending an Interim Development
Ordinance as initially established on July 19,2017 through Ordinance 011-2017 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 27,2018,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 E
Improved Subdivision(IS)Land Use District or the Urban Residential Mobile Home (URM)Land Use
District and within the same ROGO Planning Area for the development of single family detached dwelling
units and the receiver property shall not be a working waterfront; as recommended by the Affordable
Housing Advisory Committee and the BOCC;providing for expiration within 365 days of the effective date E
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 0
Agency and the Secretary of State;providing for amendment to the Land Use District(Zoning)Map; E
providing for an effective date.
0
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular Z'°
co
meeting, held in formal session, on August 15, 2018. Should you have any questions,please feel free to
contact me at(305) 292-3550. C"4
Q
Respectfully Submitted,
Kevin Madok, CPA, Clerk of =
the Circuit Court& Comptroller&
ex-officio to the Monroe County 0
Board of County Commissioners
E
by:Pamela G. Hancock, D.C.
cc: Planning & Environmental
County Administrator
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 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 3182
FLORIDA DEPARTMENT E STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
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co
September 4, 2018
U)
U)
r_
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040 2
Attention: Pamela Hancock 0
E
Dear Mr. Madok
0
a
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your E
electronic copy of Monroe County Ordinance No. 2018-020, which was filed in this office on September 4,
2018.
co
Sincerely, oo
cm
cm
Ernest L. Reddick
Program Administrator 0
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us Packet Pg. 3183
P.4.e
1
2.
3
4
5 MONROE COUNTY, FI.CDR.IDA.. 00
6 ORDINANCE -2019
7
U)
9 AN ORDINANCE BY THE MONROE COUNTY T" OA OF COUNTY
TY
10 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
11 AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE
12 011-20179 AND EXTENDED THROUGH ORDINANCE 020-2018, FOR AN
13 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEWPRIVATE
14 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
15 FULLY APPROVED 13TILIZING MONROE COUNTY T CODE SECTION 139-2
16 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO
17 EXEMPTIONS FROM Cl ILE HOMES TO ANOTHER. LOCATION, O
13 SECTION 138-22( ) TOTRANSFER OFF-SITE MARKET RATE UNITS TO
19 ANOTHER LOCATION, COMMENCING OCT ER 27, 2019, UNTIL THE
20 LAND DEVELOPMENT CODE IS AMENDED TO L,I IT' T E TRANSFER OF
21 ROGO EXEMPTIONS FROM MOBILE HOMES T,' ONLY TIER III
22 DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS)
23 LAND USE DISTRICT OR THE URBAN ESIDENTIAL MOBILE-HOME
24 (U M) LAND USE DISTRICT AND WITHIN THE SAME RCDC C 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, It
28 RECEIVED APPLICATIONS THAT HAVE NOT FULLY BEEN APPROVED, 00
29 PURSUANT TO RESOLUTION 203-2018, TO UTILIZE MONROE COUNTY
1"Y
30 CODE SECTION 139-2 (AFFORDABLE HOUSING INCENTIVE PROGRAM)
31 OR SECTION 1 -22( ) (TRANSFER SFE F ROGO EXEMPTIONS) TO
32 TRANSFER MA ET RATE ROGOEXEMPTIONS I S TOTIER III PLATTED
33 LOTS WITHIN THE IMPROVED SUBDIVISION (IS) OR URBAN
34 RESIDENTIAL MOBILE-HOME (U ) LAND USE ST IC;T 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
33 BY THE AFFORDABLE OUSII ADVISORY COMMITTEE AND THE
39 BOCC; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE
Ordinance No. _ Page 1. of 7
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I 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
00
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 U)
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 E
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
0
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 0i
28 Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable Housing
29 Advisory Committee, including its assigned duties; and _
30
31 WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the Affordable
co
32 Housing Advisory Committee; and ,
33
34 WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
r_
35 August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board 0
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 201h 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. - Page 2 of 7
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Packet Pg. 3185
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1 WHEREAS, at a regular meeting held on the 20a' 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 loth 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 cm
co
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 U)
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 E
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
0
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 0
C1400
32 ,
33 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-
cm
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. - Page 3 of 7
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Packet Pg. 3186
P.4.e
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
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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 U)
13
14 WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to
15 amend Monuoe 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 E
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 0.
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
LL
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 i
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 cm
co
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. - Page 4 of 7
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P.4.e
I 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 cm
co
9 allocations to Tier I, Tier 11, 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 U)
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 E
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
0
22 transfers consistent with the intent of the adopted moratorium may be allowed at this time, prior to a
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 a
30 Comprehensive Plan and Land Development Code amendments are not adopted and effective before that 0i
31 date; and00
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 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 -19
41 recommending approval of the proposed interim development ordinance; and
Ordinance No. - 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 cm
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40
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:
U)
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
0
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 0
22 or the Urban Residential Mobile Home (URM) Land Use District; and E
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 i
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, cm
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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
cm
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 E
35 receiver site when the following criteria is met:
36
37 1. receiver site is designated as Tier Eli; 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 d. receiver site is located within the same ROGO planning subarea as the sender site; and
Ordinance No. - Page 6 of 7
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Packet Pg. 3189
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. Severati!jIL The provisions of this Ordinance are declared to be severable and if any cm
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Q
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 U)
12 Ordinance shall stand notwithstanding the invalidity of any part.
U)
r_
13 cc
14 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
15, Agency as required by RS. 380.05(l 1) and F.S. 380,0552(9).
16
17 Section 5° FiIin2 and an Effective Date. The provisions of this Ordinance constitute a "land E
18 development regulation" as State law defines that term. This ordinance shall be filed in the Office of the 0
19 Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land
0
20 Planning Agency or Administration Commission finding the amendment in compliance, and if challenged E
21 until such challenge is resolved pursuant to Chapter 120, F.S. 2
0
22 a
E
23 PASSED AND ADOPTED by the Board ofCounty Commissioners of Monroe County, Florida,
24 at a regular meeting held on the day of—, 2019. 0
25
26 Mayor Sylvia Murphy U-
27 Mayor Pro Teen Danny L. Kolhage 0�
28 Commissioner Heather Carruthers
29 Commissioner Michelle Coldiron
30 Corni-nissioner David Rice
S
31 'a
32 BOARD OF COUNTY COMMISSIONERS 0
C14
33 OF MO ROE COUNTY, FLORIDA 00
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1
34
35 BY
C14
36 MAYOR SYLVIA MURPHY
37 (SEAL)
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38 MGM COY A
39 ATTEST: KEVIN MAD W4T
OK, CLERK A —�7AR TO 7F
40
41 DEPUTY CLERK A8SJZTAWf N,ffTOPMEY
42 to L�LL
Ordinance No. Page 7 of 7
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