Item P5 P.5
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.5
Agenda Item Summary #5721
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 by the
Monroe County Board of County Commissioners extending an interim development ordinance for
an additional 365 days to defer the approval of new applications or received applications that have
not been fully approved them regarding "lock-out" units commencing October 27, 2018, 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 an 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.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources is proposing an extension to the interim
development ordinance (IDO) to defer the approval of new applications or received applications that
have not been fully approved, that initially established on July 19, 2017 through Ordinance 012-
2017 and extended through Ordinance 009-2018 for an additional 365 days 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."
On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. On August 18,
2018, the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for
an additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is
seeking an extension to the IDO.
The Planning Commission considered the proposed amendment at a regular meeting on June 26,
2019 and received public input.
Packet Pg. 3191
P.5
PREVIOUS RELEVANT BOCC ACTION:
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development
Ordinance 012-2017 implementing the moratorium described above.
On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the
moratorium described above.
Interim Development Ordinance 018-2018 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:
2019-081 BOCC SR 07.17.19
EX.1.Ord-012-2017
Ordinance 018-2018
2019-081 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:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
Packet Pg. 3192
P.5
REVIEWED BY:
Cheryl Cioffari Completed 06/23/2019 3:57 PM
Steve Williams Completed 06/24/2019 1:43 PM
Maureen Proffitt Completed 06/24/2019 1:54 PM
Assistant County Administrator Christine Hurley Completed
06/25/2019 10:20 AM
Budget and Finance Completed 06/25/2019 10:30 AM
Maria Slavik Completed 06/25/2019 11:20 AM
Kathy Peters Completed 06/25/2019 11:37 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
Packet Pg. 3193
x
4 N,;
5
6 MEMORANDUM
7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
8
9eo
10
11
12 To: Monroe County Board of County Commissioners
13
14 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources
15
16 Date: June 21, 2019
17
18 Subject: An ordinance by the Monroe County Board of County Commissioners extending an interim E
19 development ordinance as initially established on July 19, 2017 through Ordinance 012- 0
20 2017, and extended through Ordinance 009-2018, for an additional 365 days to defer the
21 approval of new applications or received applications that have not yet been fully approved E
22 for Comprehensive Plan or Land Development Code amendments, Development
23 Agreements (including 380 Development Agreements), and minor and major conditional 0
24 use permits (excluding applications proposing only affordable housing dwelling units) E
25 with proposed occupancy by "three unrelated people" or "two unrelated people and any
26 children related to either of them" of a dwelling unit, and applications utilizing the term 0
27 "lock-out," commencing October 27, 2019,until the BOCC can review and possibly amend _,
28 the Comprehensive Plan and the Land Development Code regarding the definitions of a
29 dwelling unit; household, family and the undefined term "lock-out" of a dwelling unit; 2
30 providing for expiration within 365 days of the effective date of this Interim Development
31 Ordinance or when the Comprehensive Plan and Land Development Code amendments 0�
32 become effective, whichever comes first(File 2019-081)
33
34 Meeting: July 17, 2019 i
35 co
36 I. REQUEST
C)
37
ca
38 The Monroe County Planning & Environmental Resources is proposing an extension to the interim 1
co
39 development ordinance(IDO)to defer the approval of new applications or received applications that
40 have not been fully approved, that initially established on July 19, 2017 through Ordinance 012-
41 2017 and extended through Ordinance 009-2018 for an additional 365 days for comprehensive cm
42 plan or land development code amendments, development agreements (including 380 development
43 agreements), and minor and major conditional use permits (excluding applications proposing E
44 only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or
45 "two unrelated people and any children related to either of them" of a dwelling unit, and applications
46 utilizing the term "lock-out."
47
48 On July 19,2017,the BOCC adopted interim development Ordinance 012-2017. On August 18,2018,
SR BOCC 07.17.19 Page 1 of 4
File 9 2019-081
Packet Pg. 3194
P.5.a
I the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for an
2 additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is seeking
3 an extension to the IDO.
4
5 II. BACKGROUND INFORMATION
6
7 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan
8 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive eo
9 Plan.
10
11 Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030
12 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity
13 (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment 0
14 transmittal was complete and issued a notice of intent to find the amendment "in compliance" on
15 June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the
16 posting of the Notice of Intent on the DEO Website on June 20, 2016.
17 .2
18 Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code.
19 This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 0
20 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative E
21 Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final 2
22 Order would have become effective 21 days after publication in the Florida Administrative Register 0
23 unless a petition was timely filed. The Land Development Code would have become effective on E
24 August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the
25 DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- 9
26 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement
27 agreement and allowing the Monroe County Land Development Code to become effective. The r_
28 County's updated land development code became effective on February 3, 2017.
29
30 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land
31 Development Code included definitions which were amended with the adoption of the new code in 7
32 April 2016. Neither document includes a definition of"lock-out." 7
33
34 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 co
35 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development
36 applications proposing occupancy by "three unrelated people" or "two unrelated people and any 0
37 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to
38 pending legislation. eo
39
40 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular
41 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to
42 impose a temporary moratorium deferring the approval of new applications or received application
43 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land
44 development code amendments, development agreements (including 380 development
45 agreements), and minor and major conditional use permits (excluding applications proposing only
46 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
47 unrelated people and any children related to either of them" of a dwelling unit, and applications
48 utilizing the term "lock-out."
SR BOCC 07.17.19 Page 2 of 4
File 9 2019-081
Packet Pg. 3195
P.5.a
I Staff is working on BOCC directed amendments related to the development of dwelling units
2 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization
3 of hurricane impact related building permits and development orders, an extension to the interim
4 development order is appropriate.
5
6 Community Meeting and Public Participation
7 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019
8 in Marathon to provide for public input. There were no members of the public in attendance. co
9
10 Development Review Committee and Public Input
cm
11 The Development Review Committee considered the proposed amendment at a regular meeting on
12 May 28, 2019 and received public input.
13
14 Planning Commission and Public Input
15 The Planning Commission considered the proposed amendment at a regular meeting on June 26,2019
16 and received public input.
17
18 Previous BOCC Action
19 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development I-
20 Ordinance 012-2017 implementing the moratorium described above. E
21
22 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 0
23 moratorium described above. E
24
25 Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant
26 Comprehensive Plan and Land Development Code amendments are not adopted and effective before
27 that date.
28 2
29 III. STAFF RECOMMENDATION
30
31 Staff recommends approval of the proposed extension to the interim development ordinance.
32
33 The interim development ordinance provides a period of time between the current adopted i
34 comprehensive plan and land development code and the adoption of any new amendment(s) [new co
35 definitions and/or other code requirements] to ensure that the amendments are fully evaluated to
36 ensure public health, safety, and welfare of the citizens of unincorporated Monroe County,including 0
37 the provision of public participation in the planning process.
38 eo
39 Staff is working on BOCC directed amendments related to the development of dwelling units
40 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization
cm
41 of hurricane impact related building permits and development orders, an extension to the interim
42 development order is appropriate.
43
44
45 IV. EXHIBITS
46
47 1. Ordinance 012-2017
48 2. Ordinance 018-2018
SR BOCC 07.17.19 Page 3 of 4
File 9 2019-081
Packet Pg. 3196
P.5.a
1 3. Draft Ordinance
oo
S
a
0
0
a
aA
a
0
i
Co
eo
Cm
t�
t�
i
SR BOCC 07.17.19 Page 4 of 4
File 9 2019-081
Packet Pg. 3197
Tt Exhibit 1 to PC Staff Re rt P.5.b
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 32399-0250
To Whom It May Concern, eo
Attached is an electronic copy of Ordinance No. 012-2017 to defer the approval of new
private 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
March 15, 2017, 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 the expiration with 365 days of the
effective date of this interim development Ordinance or when the 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.
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
feel free to contact me at (305) 295-3130. cm
cm
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: 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. 3198
P.5.b
MONROE COUNTY, FLORIDA
ORDINANCE 012 -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS
OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLYoo
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 MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW E
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 AN 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.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
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 applications or received
application that have not been fully approved, commencing March 15, 2017, 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 E
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;" and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary
moratorium upon certain development applications proposing occupancy by "three unrelated people"
or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the
term "lock-out," due to pending legislation; and
2017-053 Page 1 of 3
Packet Pg. 3199
P.5.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, the Monroe County BOCC has identified and discusses concerns with the
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of"lock-out;" and
WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are.silent
on use of"lock-outs" and this use was not discussed during the update process and further edits are
needed to specifically address "lock-outs;" and
eo
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
CD
unincorporated Monroe County,including the provision of public participation in the planning process;
and
WHEREAS, staff has been directed to process an interim development ordinance to impose a E
temporary moratorium deferring the approval of new applications or received application that have not
been fully approved, commencing March 15, 2017, 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 March 15, 2017, 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," providing for expiration within 365 days of the effective date of an interim
development ordinance or when the comprehensive plan and land development code amendments
cm
become effective, whichever comes first; cm
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new applications or received application that have not been fully approved,
commencing March 15, 2017, 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 March 15, 2017,
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 an interim development
ordinance or when the comprehensive plan and land development code amendments become effective,
whichever comes first.
2017-053 Page 2 of 3
Packet Pg. 3200
P.5.b
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. - --
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
eo
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, E
Florida, at a regular meeting held on the 19th day of July , 2017.
0
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
,o 0o Commissioner Danny L. Kolhage Yes
o Commissioner Heather CarrutCk: hers Yes
tij Commissioner Sylvia Murphy Yes
_�
o U �'C-> BOARD OF COUNTY COMMISSIONERS
cm
o C.0 �a OF MONROE COUNTY, FLORIDAcm
C)
BY
r.� Mayor George Neugent
L
tf E
}; A TEST KIN MADOK, CLERK MON OE�COUNTY A RNEY
A TQ M:.
ASS18'1^NT CO NTY ATTORNEY
DEPUTY CLERK Date G1Z-7/17
2017-053 Page 3 of 3
Packet Pg. 3201
P.5.c
z
3 MONROE COUNTY,FLORIDA .
4 ORDINANCE NO. 018 -2018
eo
6
7 AN ORDINANCE .BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
9 AS INITIALLY ESTABLISHED ON JULY 19,2017 THIROUGH ORDINANCE 012-
10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW ,
11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND E
13 DEVELOPMENT CODE AMENDMENTS, .DEVELOPMENT AGREEMENTS
14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
01
15 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
16 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
17 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO
18 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF 0
19 BEM"�OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM
20 "LOCK-OUT,":COMMENCING OCTOBER 27, 2018, UNTIL THE BOCC CAN
21 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LANDco
oo
22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLINGcm
co
23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT"
24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
25 OF THE'EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE
26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
28 PROVIDING 70R SEVERABILITY; PROVIDING FOR TRANSMITTAL TO �
29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018-.090)
31
32
33
34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
36 ordinance to impose a temporary moratorium deferring the approval of new applications or received
37 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
38 or land development code amendments, development agreements (including 380 development
File 2018-090 Page 1 of 4
Packet Pg. 3202
P.5.c
I agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
3 unrelated people and any children related to either of them" of a dwelling unit, and applications
4 utilizing the term"lock-out;" and
5
6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
7 February 5, 2017 in Key West,Florida, passed a motion to direct staff to impose a temporary moratorium
8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated
9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
eo
10 to pending legislation; and
11
12 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 191h
13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium
14 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated
15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
16 to pending legislation; and
17
a
18 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
19 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
20 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
21 development; and 1�
0
22
23 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
24 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the _
25 undefined term of "lock-out;" and co
26
co
27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on
28 use of "lock-outs" and this use was not discussed during the update process and further edits are needed
29 to specifically address "lock-outs;" and
E
30
31 WHEREAS, an ordinance addressing the interim time period between the current adopted a.
32 comprehensive plan and land development code and the adoption of any new amendment(s) [new
33 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
34 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
35 unincorporated Monroe County, including the provision of public participation in the planning process;
36 and
37
38 WHEREAS, an extension to the temporary moratorium deferring the approval of new
39 applications or received application that have not been fiilly approved, commencing October 27,2018,
40 for comprehensive plan or land development code amendments, development agreements (including
41 380 development agreements), and minor and major conditional use permits (excluding applications
42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
File 2018-090 Page 2 of 4
Packet Pg. 3203
1 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
2 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings,
3 and prepare and adopt an amendment or amendments to the Land Development Code and the
4 Comprehensive Plan; and
5
6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC)
7 reviewed the proposed interim development ordinance; and
8
9 WHEREAS,at a regularly scheduled meeting held on July 25,2018,the Monroe County Planning
oo
10 Commission held a public hearing for the purpose of considering the proposed interim development
11 ordinance and provided for public comment; and
12
13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-18
14 recommending approval of the proposed interim development ordinance; and CD
15 Z
16 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
17 of Monroe County. 2
a
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
20 OF MONROE COUNTY:
21
22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed.
23
24 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental
25 Resource Department shall defer the approval of new applications or received applications that have not co
26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code
co
27 amendments, development agreements (including 380 development agreements), and minor and major
28 conditional use permits (excluding applications proposing only affordable housing dwelling units); with
29 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to
30 either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing October as
31 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development
32 code regarding the definitions of dwelling unit;household; family and the undefined term "lock-out" of a
33 dwelling unit; providing for expiration within 365 days of the effective date of an interim development
34 ordinance or when the comprehensive plan and land development code amendments become effective,
35 whichever comes first.
36 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless
37 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption
38 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
39 Ordinance extend beyond 365 days from the effective date of this ordinance.
40
File 2018-090 Page 3 of 4
Packet Pg. 3204
. P.5.c
1 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance
4 invalid or unconstitutional.
5
6 SECTION 5: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land
7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
8
9 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect uponeo
10 filing with the Florida Department of State.
11
U)
12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
13 regular meeting of the Board held on the 15 th day of;.I L, August , 2018.
14
Z
15
16 Mayor David Rice, District 4 Yes
17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes
18 Danny L. Kolhage, District 1 Yes 3
19 George Neugent, District 2 Yes
20 Heather Carruthers, District 3 Yes C:)rvl
C#* r
21
i t' p.;
22 _
23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONS
E
24 OF MONROE COUNTY, FLORIDA=C -43
25
00
26 CW, By:
cm
2 : yW.
Mayor Davfilice
co
2 ) wy9
cao Jr
E
MO " COUNTY ATTQ1
a Y
APP TO
s�rr a. i MAR
ASSlS i'AM i CO s A OiiNEY
Onto /(
File 2018-090 Page 4 of 4
Packet Pg. 3205
P.5.c
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
Tallahassee FL 32399-0250 eo
To Whom It May Concern,
U)
Attached is an electronic copy of Ordinance No. 018-2018 extending an Interim Development
Ordinance as initially established on July 19,2017 through Ordinance 012-2017for 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 E
unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the
term"lock-out", commencing October 27,2018,until the BOCC can review and possibly amend the
Comprehensive Plan and Land Development Code regarding the definitions of dwelling unit;household; 0
family and the undefined term"lock-out"of a dwelling unit;providing for expiration within 365 days of the E
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; 0
providing for transmittal to the State Land Planning Agency and the Secretary of State;providing for E
amendment to the Land Use District(Zoning)Map;providing for an effective date.
0
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular �°
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.
co
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. 3206
FLORIDA DEPARTMENT E STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
oo
September 4, 2018
U)
a
Honorable Kevin Madok E
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101 E
Key West, Florida 33040
0
Attention: Pamela Hancock
Dear Mr. Madok 0
a
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 2018-018, which was filed in this office on September 4,
2018.
co
oo
cm
Sincerely
E
Ernest L. Reddick
Program Administrator
E
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. 3207
P.5.d
w,
2
3
4 ,
. r
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2019
eo
101
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF C'IClIUNT„ �
12 COMMISSIONERS EXTENDING INTERIM DEVELOPMENT ORDINANCE
13 AS INITIALLY ESTABLISHED ON JUL ' 19, 017 THROUGH ORDINANCE 012- _
14 20179 AND EXTENDED THROUGH ORDINANCE 01.8-201 , FOR AN
15 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW
16 APPLICATIONS OR RECEIVEDAPPLICATIONS THAT HAVE NOT BEEN E
a
17 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND
18 DEVELOPMENT CODE E AMENDMENTS, DEVELOPMENT AGREEMENTS
19 (INCLUDING 380 DEVELOPMENT AGREEMENTS),ENTS), AND MINOR AND E
gal MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
21 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
22 PROPOSED OCCUPANCY;ANC" "THREE REE UNRELATED PEOPLE"' OR "TWO
23 UNRELATED PEOPLE AND ANY CHILDREN EL TEE TO EITHER OF
24 THEM" OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM
25 "LOCK-OUT," COMMENCING C"ING OCTOBER 27, 2019, UNTIL THE BOC"C~ CA
26 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND i
2.7 DEVELOPMENT' CODE REGARDING THE DEFINITIONS OF DWELLING �
28 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" _
29 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN DAYS
30 OF THE EFFECTIVE DATE OF THIS INTERIM I E 'ELOP E 1T'CI Il°ANCE 1
00
31 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE40
32 AMENDMENTS CO E EFFECTIVE, WHICHEVER COMES ES FIRST;
33 PROVIDING FOR SEVE ILIT ; PROVIDING FOR TRANSMITTAL TO
34 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; E
35 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-0 1)
36
3
38
39 WHEREAS, the Monroe County Board of County Commissioners adapted. Resolution 087-
40 2017, at a regular meeting can March 1 , 2017 in l ey Largo, Florida, directed staff to process an
41 ordinance to impose a temporary moratorium deferring the approval of new applications or received
42 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
43 or land development code amendments, development agreements (including 380 development.
Ord. -2019 Page 1 of
Tile 2019-081
Packet Pg. 3208
P.5.d
1 agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
3 unrelated people and any children related to either of them" of a dwelling unit, and applications
4 utilizing the term"lock-out;" and
5
6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
7 February 5, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium
8 upon certain development applications proposing occupancy by"three unrelated people" or"two unrelated eo
9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
10 to pending legislation; and
11
12 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 191h
13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium E
14 upon certain development applications proposing occupancy by "three unrelated people" or"two unrelated
15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
16 to pending legislation; and
17
18 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 28th
19 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary
20 moratorium upon certain development applications proposing occupancy by "three unrelated people" or 0
21 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term E
22 "lock-out," due to pending legislation; and
23
24 WHEREAS, Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant
25 Comprehensive Plan and Land Development Code amendments are not adopted and effective before that
26 date; and i
27
28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 1
co
31 development; and
32
cm
33 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
34 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the E
35 undefined term of"lock-out;" and
-36
37 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on
38 use of "lock-outs" and this use was not discussed during the update process and further edits are needed
39 to specifically address "lock-outs;" and
40
41 WHEREAS, an ordinance addressing the interim time period between the current adopted
42 comprehensive plan and land development code and the adoption of any new amendment(s) [new
Ord. -2019 Page 2 of 4
File 2019-081
Packet Pg. 3209
P.5.d
1 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
2 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
3 unincorporated Monroe County, including the provision of public participation in the planning process;
4 and
5
6 WHEREAS, an extension to the temporary moratorium deferring the approval of new
7 applications or received application that have not been fully approved, commencing October 27, 2019,
oo
8 for comprehensive plan or land development code amendments, development agreements (including
9 380 development agreements), and minor and major conditional use permits (excluding applications
10 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
11 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
12 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings,
13 and prepare and adopt an amendment or amendments to the Land Development Code and the
14 Comprehensive Plan; and
15
16 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC) E
17 reviewed the proposed interim development ordinance; and
18
0
19 WHEREAS, at a regularly scheduled meeting held on 2019, the Monroe
20 County Planning Commission held a public hearing for the purpose of considering the proposed interim
0
21 development ordinance and provided for public comment; and
22
23 WHEREAS, the Monroe County Planning Commission adopted Resolution No. _
24 recommending approval of the proposed interim development ordinance; and
25
26 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 0i
27 of Monroe County.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY: oo
31
32 SECTION X: Recitals. The above recitals are true and are hereby adopted and confirmed.
cm
33
34 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental
35 Resource Department shall defer the approval of new applications or received applications that have not
36 been fully approved, commencing October 27, 2019, for comprehensive plan or land development code
37 amendments, development agreements (including 380 development agreements), and minor and major
38 conditional use permits (excluding applications proposing only affordable housing dwelling units); with
39 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to
40 either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing October
41 27, 2019, until the BOCC can review and possibly amend the comprehensive plan and land development
42 code'regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a
Ord. -2019 Page 3 of 4
File 2019-081
Packet Pg. 3210
1 dwelling unit; providing for expiration within 365 days of the effective date of an interim development
2 ordinance or when the comprehensive plan and land development code amendments become effective,
3 whichever comes first.
4 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless
5 dissolved earlier,by the Board of County Commissioners, shall automatically dissolve upon the adoption
6 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
eo
7 Ordinance extend beyond 365 days from the effective date of this ordinance.
8
U)
9 SECTION 4: SEVERABILITY, If any section, subsection, sentence, clause, phrase, or
10 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
11 Jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance
12 invalid or unconstitutional.
13 E
14 SECTION 5: 'TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by F.S. 380.05(11) and F.S. 380� 552(9). 2
0
16 E
17 SECTI : Filin2 of Ordinance and Effective Date. This Ordinance shall take effect upon
18 filing with the Florida Department of State, 0
19 E
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 0
21 at a regular meeting held on the day of , 2019,
22
LL
23 Mayor Sylvia Murphy
24 Mayor Pro Tem. Danny L. Kolhage
25 Commissioner Heather Carruthers
26 Commissioner Michelle Coldiron
27 Conn-nissioner David Rice
28 0
29 BOARD OF COUNTY COMMISSIONERS oo
3,0 OF MONROE COUNTY, FLORIDA
31
cm
32 BY
33 MAYOR SYLVIA MURPHY
E
34 (SEAL)
35
36 ATTEST: KEVIN MADOK, CLERK
37 MONROE CoUxTy oFtNey
'i UO-R:7L
11,P All
38 DEPUTY CLERK
y
Ord.. -2019 Page 4 of 4
File 201.9-081 1 Packet Pg. 3211