Item O13 0.13
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: 0.13
Agenda Item Summary #6391
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
1:30 PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider an ordinance by Monroe County
Board of County Commissioners (BOCC) adopting amendments to the Monroe County Land
Development Code to amend Section 138-22(b) and Section 139-2(b) to revise the receiver site
criteria for the transfer of market rate exemptions to another location, incorporating the BOCC
direction within interim development ordinances (IDOs) adopted via Ordinance 011-2017,
Ordinance 020-2018, Ordinance 026-2019, and clarified via Resolution 203-2018 which includes
allowing the market rate exemptions to be transferred to legally platted lots in Improved Subdivision
(IS) or Urban Residential Mobile Home (URM) Land Use Districts (zoning), within the same
subarea (except units may be transferred from Big Pine/No Name Key to the Lower Keys subarea)
and the receiver site may not be recreational and/or commercial working waterfront.
ITEM BACKGROUND: Text amendments are proposed to Section 138-22(b) (Transfer of ROGO
exemptions off site) and Section 139-2(b) (Affordable Housing Incentive Program) to revise the
receiver site criteria for the transfer of market rate exemptions to another location. The proposed
amendment incorporates BOCC direction provided within approved interim development
Ordinances (IDOs) 011-2017, 020-2018, and 026-2019, 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 or Section 138-22(b) to transfer market rate
units to another location except as permitted through Resolution 203-2018 adopted on July 18, 2018.
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. On July 17, 2019, the BOCC adopted Interim
Development Ordinance 026-2019, extending the moratorium for an additional 365 days. Interim
Development Ordinance 026-2019 is due to expire on July 17, 2020, if the relevant amendment is
not adopted and effective before that date.
The change proposed is to revise the receiver site criteria for market rate TREs as provided below:
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2. The receiver site for the market rate ROGO exemption must meet the criteria of subsection
(6) and the following
i. Receiver site is a legally platted lot; and
ii. Receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District, and
iii. Receiver site is located within the same ROGO subarea as the sender site, except
exemptions may be transferred from the Big Pine Key and No Name Key ROGO subarea
to the Lower Keys ROGO subarea; and
iv. Receiver site property is not a recreational and commercial working waterfront.
The proposed change is consistent with the BOCC adopted lDOs, as follows:
i a. Linn t (lie transfer of Market, Rate: ROGO exemptions to property that an is all of the
foIlowing criteria:
i, receiver site is a Tier l'll designated platted M and
4 ii., receiver site is a platted lost within the lrttproyed StibdivisioTi (IS) 1�and Use Mstriet
5 or the Urban Residential Mobile Horne(URM)Larod'Uw District„ and
iii. receiver site is a platter)lot located within the:samrte ROGO planning subarea;,and
iv, receiver si(e property ms not a worki ng ww aterfront;
as recorminiendr d by the Affordable Housing Advisory Conunittee and the BOCC Providing for
expiraf on within 365 days of the effective date- of this ordinance, r ww+harm the f-ai.W 0eveloprrment ("ode
1.0 arnerrdnients become effective,whichever comes first.
PREVIOUS RELEVANT BOCC ACTION:
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.
On July 17, 2019, the BOCC adopted interim development Ordinance 026-2019 extending the
moratorium for an additional 365 days.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
BOCC Ordinance_market rate THE transfers
BOCC—Staff Report market rate THE transfers
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0.13
Ex. 1 Ord. 011-2017 IDO MR Transfers
Ex. 2 Reso. 203-2018 IDO MR Transfers
Ex. 3 Ord. 020-2018 IDO MR Transfers
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: n/a
Additional Details:
n/a
REVIEWED BY:
Cheryl Cioffari Completed 12/19/2019 9:00 AM
Emily Schemper Completed 12/23/2019 3:10 PM
Assistant County Administrator Christine Hurley Completed
12/26/2019 11:13 AM
Steve Williams Completed 01/06/2020 10:46 AM
Budget and Finance Completed 01/07/2020 8:27 AM
Maria Slavik Completed 01/07/2020 9:16 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
Kathy Peters Completed 01/07/2020 2:11 PM
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2 �
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2020
9 c
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
12 COUNTY LAND DEVELOPMENT CODE TO AMEND SECTION 138-
13 22(B) AND SECTION 139-2(B) TO REVISE THE RECEIVER SITE
14 CRITERIA FOR THE TRANSFER OF MARKET RATE EXEMPTIONS
15 TO ANOTHER LOCATION, INCORPORATING THE BOCC w
16 DIRECTION WITHIN INTERIM DEVELOPMENT ORDINANCES
17 ADOPTED VIA ORDINANCE 011-2017, ORDINANCE 020-2018,
18 ORDINANCE 026-2019, AND CLARIFIED VIA RESOLUTION 203-2018;
19 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
20 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO E
21 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
22 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
23 IN THE MONROE COUNTY LAND DEVELOPMENT CODE; .2
24 PROVIDING FOR AN EFFECTIVE DATE.
25
26
27 WHEREAS, Monroe County policies and regulations adopted in the Monroe County U)
28 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
29 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
30 development; and
31
32 WHEREAS, on May 21, 2008, the Monroe County Board of County Commissioners adopted
33 Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable Housing
34 Advisory Committee, including its assigned duties; and Ei
35
36 WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the Affordable
37 Housing Advisory Committee; and
38
39 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting held on
40 the 20th of August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe
41 County Board of County Commissioners for professional services on Affordable Workforce Housing
42 Stakeholder Assessment; and
43
44 WHEREAS, at a regular meeting held on the 20 ' of May, 2015, the Board of County 2
45 Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment
46 Report generated by FCRC Consensus Center, FSU, dated April 2015; and
47
48 WHEREAS, at a regular meeting held on the 20t' of May, 2015, the Board of County
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I Commissioners adopted Resolution 139-2015 assigning additional duties to the Affordable Housing
2 Advisory Committee; and
3
4 WHEREAS, at a regular meeting held on the 101' of June, 2015, the Board of County
5 Commissioners adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to
6 establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend
7 Resolution 139-2015 to add one additional duty to the committee; and
0
8
9 WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted 0
10 Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for the
11 development of a workforce housing development plan; and
12 U)
13 WHEREAS, at a regular meeting held on the 17 ' of November, 2015, the Board of County T
14 Commissioners adopted Resolution 393-2015, supporting and encouraging collaboration between the
15 County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
16 affordable and workforce housing; and
17 as
18 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted
19 Resolution 02-2015, recommending to the Board of County Commissioners an amendment to the Local 0
20 Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and
21 E
22 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403-
23 2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State 2
24 Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance
25 Corporation; and
26
27 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended
28 to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and
29 provided an inventory of county-owned real property which may be appropriate for affordable housing; W
30 and
31
32 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-
33 2015, approving the inventory of county-owned real property which may be appropriate for affordable
34 housing; and
35
36 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted r_
37 Resolution 03-2015, recommending that the Board of County Commissioners support and fund a nexus
38 study as the first step in considering the expansion of the County residential inclusionary housing program
39 to cover transient and commercial development in the County; and �s
40 U
41 WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution
42 01-2016, providing 33 recommendations to the Board of County Commissioners on the issues included in
43 their charge; and E
44
45 WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's
46 adopted Resolution 01-2016 (33 recommendations) to the BOCC and the Board of County
47 Commissioners approved contracts for studies to support an inclusionary housing requirement to cover
48 transient and commercial development as well as requested staff to schedule a special meeting to discuss
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I the remaining recommendations; and
2
3 WHEREAS, on a special meeting on December 6, 2016, the Board of County Commissioners
4 reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory
5 Committee and directed staff to research certain items, implement certain items and process amendments
6 to the land development code; and
7 0
8 WHEREAS, on a special meeting on December 6, 2016, the Board of County Commissioners
9 specifically directed staff to amend Monroe County Code Section 139-2 (affordable housing incentive 0
10 program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of
11 ROGO exemptions from mobile homes to only Tier III designated platted lots within the Improved
12 Subdivision (IS) land use district and within the same ROGO planning subarea for the development of U)
13 single family detached dwelling units; and
U)
14
15 WHEREAS, the County's updated land development code became effective on February 3, 2017;
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 0
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 E
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 W
26 applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2
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 w
30 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance Olt-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
33 utilize Monroe County Code Section 139-2 (Affordable Housing Incentive Program) or Section 138-22(b) 39
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 Monroe County Board of r_
37 County Commissioners gave direction to staff to process proposed text amendments to the S
38 Comprehensive Plan and Land Development Code to incentivize the development of affordable housing
39 by allowing the issuance of affordable housing ROGO allocations to Tier I, Tier II, Tier III and Tier III-A U
40 designated parcels in order to replace market rate dwelling units with a deed-restricted affordable housing 0
41 dwelling units; and 00
42
43 WHEREAS, the Monroe County Board of County Commissioners reduced the scope of
44 Ordinance 011-2017 so that market rate ROGO transfers consistent with the intent of the adopted
45 moratorium may be allowed, prior to adoption of the directed land development code amendments
46 through Resolution 203-2018 adopted on July 18, 2018; and
47
48 WHEREAS, at a regular meeting on August 15, 2018, in Marathon, the Monroe County Board of
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I County Commissioners adopted interim development Ordinance 020-2018 extending the moratorium
2 described above with the reduction in scope as approved through Resolution 203-2018; and
3 WHEREAS, at a regular meeting on July 17, 2019, the Monroe County Board of County
4 Commissioners adopted interim development Ordinance 026-2019, extending the moratorium described
5 above with the reduction in scope as approved through Resolution 203-2018; and
6 WHEREAS, Ordinance 026-2019 is due to expire on July 17, 2020, if the relevant amendments
7 are not adopted and effective before that date; and
0
8 WHEREAS, on June 25, 2019, the Monroe County Development Review Committee (DRC) Wo
9 reviewed the proposed amendment; and
10 U)
11 WHEREAS, at a regularly scheduled meeting held on October 30,_2019 the Monroe County
12 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
13 provided for public comment; and
14
15 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P48-19 2
16 recommending approval for the proposed amendment; and
17
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 the
20 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
21 development; and
22 >
23 WHEREAS, the Monroe County Board of County Commissioners have expressed the goal of
24 ensuring that affordable housing opportunities are available throughout the entire community and to a
25 maintain a balanced and sustainable local economy; and U)
26
27 WHEREAS, Section 125.01055, F.S., states "Affordable housing.—Notwithstanding any other W
28 provision of law, a county may adopt and maintain in effect any law, ordinance, rule, or other measure
29 that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms
30 such as inclusionary housing ordinances;" and
as
31
32 WHEREAS, Section 125.01, F.S., provides the Monroe County Board of County Commissioners E
33 the authority to: (h) establish, coordinate, and enforce zoning and such business regulations as are 01
34 necessary for the protection of the public, and 0) Establish and administer programs of housing, slum
35 clearance, community redevelopment, conservation, flood and beach erosion control, air pollution control,
36 and navigation and drainage and cooperate with governmental agencies and private enterprises in the 0
37 development and operation of such programs; and
38 0
39 WHEREAS, at a regularly scheduled meeting held on the January 22, 2020, the Monroe County
40 Board of County Commissioners held a public hearing, considered the staff report, and provided for E
41 public comment and public participation in accordance with the requirements of state law and the
42 procedures adopted for public participation in the planning process; and
43
44 WHEREAS, based upon the documentation submitted and information provided in the
45 accompanying staff report, the Monroe County Board of County Commissioners makes the following
46 Conclusions of Law:
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1
2 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
3 County Year 2030 Comprehensive Plan; and
4 2. The proposed amendment is consistent with the Principles for Guiding Development for the
5 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
6 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
7 4. The proposed amendment is necessary due to new issues and the need for additional detail
8 or comprehensiveness, as required by Section 102-158 of the Monroe County Code.
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS U)
11 OF MONROE COUNTY, FLORIDA:
12
13 Section 1. The Monroe County Land Development Code is hereby amended as follows: U)
14
Proposed Amendment deletions are ; additions are shown in underlined).
15
16 Section 138-22.- Type of Development Not Affected.
17 The residential ROGO shall not apply to the development described below:
18
19 ***** E
20 (b) Transfer off-site. Residential dwelling units and transient units may be transferred to another site in
21 the same ROGO subarea, provided that the units lawfully exist and can be accounted for in the r_
c
22 County's hurricane evacuation model. U)
23 (1) ROGO exemptions may be transferred as follows:
24 a.between sites within the Upper Keys ROGO subarea;
25 b.between sites within the Lower Keys ROGO subarea;
26 c.between sites within the Big Pine Key and No Name Key ROGO subarea; U)
27 d. from the Big Pine Key and No Name Key ROGO subarea to the Lower Keys ROGO subarea. M
28 (2)No sender units may be transferred to an area where there are inadequate facilities and services. W
29 (3) Transfer off-site shall consist of either the demolition of a dwelling unit on a sender site or a
30 change of use of the floor area of dwelling unit on a sender site to another permitted use in the
31 applicable land use (zoning) district that does not require the ROGO exemption and the
32 development of a new dwelling unit,transient unit or affordable housing unit on a receiver site.
33 (4) Transfer of Lawfully Established Unit Types:
34 a. Transfer of a transient unit. A lawfully established hotel room, motel room, campground E�
35 space, or recreational vehicle space may be transferred off-site to another hotel, motel,
36 campground or recreational vehicle park.
37 b. Transfer of an affordable housing unit. A lawfully established permanent market rate or
38 affordable dwelling unit may be transferred to affordable housing. The receiver site shall be 0
39 developed with an affordable housing unit pursuant to Sections 101-1 and 139-1.
40 c. Transfer of a market rate unit. A lawfully established permanent market rate dwelling unit 0
41 may be transferred to a receiver site and developed as a single family detached market rate
42 dwellin&unit, subject to&n -e-the following:-
43 1. The transfer of market rate ROGO exemptions may be allowed provided that one of the E
44 following is satisfied:
45 i_4—. A 99 year deed-restricted affordable housing unit, pursuant to Sections 101-1 and
46 139-1, is retained or redeveloped on the sender site. If the existing dwelling unit is
47 proposed as the deed-restricted affordable housing unit, the unit shall pass a life
48 safety inspection conducted in a manner prescribed by the Monroe County
49 Building Department, comply with hurricane standards established by the Florida
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I Building Code, and habitability standards established under the Florida Landlord
2 and Tenant Act; or
3 ii. The sender site is dedicated to Monroe County for the development of affordable
4 housing and an in-lieu fee per unit, based on the current maximum sales price for a
5 one-bedroom affordable unit as established under Section 139-1(a), is paid to the
6 affordable housing trust fund; or
7 iii. -,2.-A 99 year deed-restricted affordable housing unit,pursuant to Sections 101-1 and
8 139-1, is developed on a Tier III property (single-family residential lots or parcels) 0
9 and the dwelling unit on the sender site is demolished and the sender site is
10 restored. 0
11 2. The receiver site for the market rate ROGO exemption must meet the criteria of
12 subsection(6) and the followings
13 i. Receiver site is a legally platted lot, and U)
14 ii. Receiver site is within the Improved Subdivision(IS) Land Use District or the Urban ,
15 Residential Mobile Home (URM) Land Use District, and
16 iii. Receiver site is located within the same ROGO subarea as the sender site, except
17 exemptions may be transferred from the Big Pine Key and No Name Key ROGO W
18 subarea to the Lower Keys ROGO subarea, and
19 iv. Receiver site property is not a recreational and commercial working waterfront.
20 (5) Sender Site Criteria:
21 a. Contains a documented lawfully-established sender dwelling unit pursuant to subsection (a)
22 and recognized by the County; and
E
23 b. Located in a Tier I, II, III-A, or III designated area; including any tier within the County'6
24 Military Installation Area of Impact(MIAI) Overlay.
25 (6) Receiver Site Criteria: 0
26 a. The Future Land Use category and Land Use (Zoning) District must allow the requested use; 2
27 b. Must meet the adopted density standards;
28 c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
29 wastewater meeting adopted LOS,paved roads, etc.); ,
30 d. Located within a Tier III designated area; and
31 e. Structures are not located in a velocity(V) zone or within a CBRS unit.
32
33 *****
34
35 Section 139-2.-Affordable Housing Incentive Programs.
36 (a) Purpose and intent. The intent of this section is to set forth a program to help incentivize affordable 0
37 housing development within Monroe County.
38 (b) Program 1: Transfer of ROGO Exemptions from Mobile Home Parks. i
39 (1)Purpose and intent.
40 The intent of this program is to establish an appropriate incentive for mobile home park owners to cu
41 maintain mobile home park sites, mobile home developments in URM and URM-L districts, and i5
42 contiguous parcels under common ownership containing mobile homes where any of the foregoing is 0
43 presently serving as a primary source of affordable housing in Monroe County (any of the foregoing
44 being an "eligible sender site") by providing an alternative development strategy to straightforward 0
45 market-rate redevelopment. This program is intended to allow the transfer of market rate ROGO
46 exemptions associated with lawfully established dwelling units now existing at an eligible sender site
47 to be transferred to another site or sites in exchange for maintaining an equal or greater number of �E
48 deed-restricted affordable dwelling units within Monroe County. This program seeks to address the
49 housing needs of the Florida Keys as a regional obligation.
50
51 This program provides an eligible sender site owner the opportunity to transfer market rate ROGO
52 exemptions currently associated with existing and lawfully established dwelling units from eligible
53 sender sites to receiver site(s) within Monroe County, provided that it involves the pooling of
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I affordable dwelling unit rights for redevelopment at donated, purchased or otherwise appropriately
2 deed-restricted sites, and transfer of ROGO exemptions or allocations for the purpose of
3 implementing and facilitating one or more affordable housing projects. The provisions of this section
4 shall control over all contrary provisions of this Land Development Code related to the transferability
5 of ROGO exemptions.
6
7 (2)Procedure.
8 a. This transfer shall require an approved development agreement.
9 b. Minor conditional use approval is required to complete the transfer.
10 c. A development agreement shall not be required for an eligible sender site containing ten or fewer 0
11 mobile homes. For the purposes of this exception, property owners shall not be permitted to
12 subdivide by deed, split ownership or otherwise divide larger contiguous parcels containing more M
13 than ten mobile homes to create parcels containing fewer than ten mobile homes. U)
14
15 (3)Development agreement requirements.
16 a. Sender site restrictions:
17 1. ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis where W
18 the ROGO exemptions are to be transferred,provided the following is satisfied:
19 i. The exemption is transferred to single-family residential legally platted lots of pafeels
20 ii. The exemption is transferred within the same ROGO pla*ning subarea,.except
21 exemptions may be transferred from the Big Pine Key and No Name Key ROGO subarea
22 to the Lower Keys ROGO subarea;:
E
23 iii. Receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
24 Residential Mobile Home (URM) Land Use District, and
25 iv. The receiver site property is not a recreational and commercial working waterfront. 0
26 .5
27
28
29
30
31
32
33 ROGO .ilae flans idea by toe , r*
34
35 Example-�: Transfer on a 1 for 1 basis.
36 Existing 100-unit mobile home park. A development agreement with the county may, if 19
37 approved, allow the owner to transfer up to 100 ROGO-exemptions to single-family platted
38 lotsApafeels as long as an equivalent number of deed-restricted affordable dwelling units E
39 remain or are created on one or more created on one or more eligible sender site(s).
40
41
42
43
44
45
46
47
48
49
50
51
52
53 efeated an ane of mefe eligible s rdef site(s)
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1 2. The eligible sender site property(ies) shall be donated or sold to Monroe County, or otherwise
2 appropriately deed-restricted for long-term affordability. Prior to acceptance of a donated or
3 purchased parcel, all units to be maintained on site shall pass a life safety inspection
4 conducted in a manner prescribed by the Monroe County Building Department. Monroe
5 County may then lease the sender site property to a party who will serve as lessee and sub-
6 lessor of the eligible sender site(s).
7 3. The number of transferred ROGO exemptions shall not exceed the number of restricted
8 affordable dwelling units maintained at the eligible sender sites. 0
9 4. The resulting development or redevelopment of affordable housing pursuant to the governing
10 development agreement will be targeted to serve as closely as possible the following 0
11 household income categories: 25 percent very low income households, 25 percent low
12 income households, 25 percent median income households, and 25 percent moderate M
13 income households (or as otherwise approved by the BOCC). U)
14 5. Lot rents and/or sales prices for resulting deed-restricted dwelling units shall be established in ,
15 accordance with restrictions outlined in Florida Statutes and/or the Monroe County Code.
16 6. All units designated by the applicable development agreement to remain as deed restricted
17 affordable housing at the donated, purchased or appropriately deed-restricted site(s) shall
18 comply with hurricane standards established by the Florida Building Code and habitability
19 standards established under the Florida Landlord and Tenant Act. Compliance shall be
20 accomplished in a manner and within a timeframe set forth in the development agreement
21 or,if applicable,in the relevant minor conditional use.
22 7. A development agreement proposed under this program shall not utilize more than 50 percent
E
23 of the existing affordable housing allocations then available to Monroe County, unless
24 otherwise approved by the BOCC.
25 8. All of the redeveloped or preserved affordable housing units, whether redeveloped or retained 0
26 at the original sender site(s), or at alternate or additional locations, shall remain in the same 2
27 ROGO sub areap'a���as the original sender site(s).
28 (4)Minor conditional use requirements.
29 a. Receiver site criteria: ,
30 1. The receiver site shall be located in a Tier III designated area.
31 2. The receiver site shall not be located in a velocity(V) zone or within a CBRS unit.
32 3. The receiver site is a legally platted lot.
33 4. The receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
34 Residential Mobile Home (URM) Land Use District, and
35 5. The receiver site property is not a recreational and commercial working waterfront.
36 64. A property owner cannot receive a certificate of occupancy for any unit constructed as a 19
37 result of a transferred ROGO exemption until all corresponding eligible sender site units are
38 completed and deed-restricted as affordable dwelling units. E
39 74. All or any portion of the redeveloped or preserved affordable housing units may be
40 redeveloped or retained at one or more alternate or additional locations donated or sold to
41 Monroe County, identified in the Development Agreement and otherwise compliant with
42 the remainder of this section, including but not limited to the requirements set forth in 0
43 subsection(b)(3)a.2.
44 8-5. Transferred ROGO-exemptions shall remain in the same ROGO subarea, except 0
45 exemptions may be transferred from the Big Pine Key and No Name Key ROGO subarea to ;,
46 the Lower Keys ROGO subarea. 0
47 9. The receiver site property includes all infrastructure (potable water, adequate wastewater
48 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.)
49 (5) Nothing herein shall preclude the county's replacement of sender site dwelling units with affordable <
50 allocations and recovery and transfer of market-rate ROGO-exemptions from the sender sites for use
51 in administrative relief programs or other like purposes.
52
53
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2 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
3 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall
4 not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
5 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the
6 controversy in which such judgment or decree shall be rendered.
7 0
8 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
9 ordinance are hereby repealed to the extent of said conflict. 0
10
as
11 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
12 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). U)
13
14 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida
15 but shall not become effective pursuant to Section 9 until a final order is issued according to F.S.
16 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
17 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
18 Chapter 120.
19 0
20 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
21 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to E
22 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
23 the Code. 2
24 >
25 Section 7. Effective Date. This ordinance shall become effective contingent on effectiveness of a�
26 the corresponding amendments to the Monroe County Year 2030 Comprehensive Plan and as provided by E
27 law and stated above. T
28
29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, W
30 at a regular meeting held on the 22nd day of January 2020.
31
32 Mayor Heather Carruthers
33 Mayor Pro Tem Michelle Coldiron
34 Commissioner Craig Cates Ei
35 Commissioner David Rice
ca
36 Commissioner Sylvia Murphy
37
38
39 BOARD OF COUNTY COMMISSIONERS
40 OF MONROE COUNTY, FLORIDA
41
42 BY
43 MAYOR HEATHER CARRUTHERS
44 (SEAL)
45
46 ATTEST: KEVIN MADOK, CLERK
47
48 DEPUTY CLERK
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring,professional and fair
0
To: Monroe County Board of County Commissioners
U)
Through: Emily Schemper, AICP, Senior Director of Planning & Environmental Resources
as
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From: Cheryl Cioffari, AICP, Assistant Director of Planning
Mayte Santamaria, Senior Planning Policy Advisor W
Date: December 9, 2019
Subject: An ordinance by Monroe County Board of County Commissioners (BOCC) adopting
amendments to the Monroe County Land Development Code to amend Section 138-22(b) ~�
and Section 139-2(b) to revise the receiver site criteria for the transfer market rate
exemptions to another location, incorporating the BOCC direction within interim 2
development ordinances (IDOs) adopted via Ordinance 011-2017, Ordinance 020-2018
and clarified via Resolution 203-2018. (File 2019 - 114)
Meeting: January 22, 2020 U)
I. REQUEST
The Monroe County Planning & Environmental Resources is proposing text amendments to 0
Section 138-22(b) (Transfer of ROGO exemptions off site) and Section 139-2(b) (Affordable
Housing Incentive Program) to revise the receiver site criteria for the transfer of market rate Ei
exemptions to another location. The proposed amendment incorporates BOCC direction provided 0
within approved interim development Ordinances 011-2017, 020-2018, and 026-2019, 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 or
Section 138-22(b) to transfer market rate units to another location except as permitted through U
Resolution 203-2018 adopted on July 18, 2018. 0
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- E
2018. On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018 extending
the moratorium for an additional 365 days. On July 17, 2019, the BOCC adopted Interim
Development Ordinance 026-2019, extending the moratorium for an additional 365 days. Interim
Development Ordinance 026-2019 is due to expire on July 17, 2020, if the relevant amendment is
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not adopted and effective before that date.
II. BACKGROUND INFORMATION
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.
a
On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted r-
Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
studies to support and inclusionary housing requirement to cover transient and commercial U)
development as well as requested staff to schedule a special meeting to discuss the remaining
recommendations. ,
U)
r-
At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33
recommendations provided by the Affordable Housing Advisory Committee and directed staff to
research certain items, implement certain items and process amendments to the land development
code.
At the special meeting on December 6, 2016, the BOCC specifically directed staff to amend
Monroe County Code Section 139-2 (affordable housing incentive program), as recommended by E
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 r-
district and within the same ROGO planning subarea for the development of single family
detached dwelling units.
On April 13, 2016, at a special public meeting, the BOCC adopted the Land Development Code to
be consistent with the Monroe County Year 2030 Comprehensive Plan. On July 26, 2016, DEO
published Final Order DEO-16-130 in the Florida Administrative Register approve the Monroe
County Land Development Code (Ordinance 006-2016). On August 10, 2016, the Petitioners filed
a Petition with DEO challenging the DEO Final Order. On November 22, 2016, the BOCC adopted 2
an ordinance amending Section 130-165 to resolve the Petition challenging the DEO issued Final
Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land
Development Code to become effective. The County's updated land developed code became
effective on February 3, 2017. E
0
On February 15, 2017, the Monroe County Board of County Commissioners, at a regular meeting
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 (n
program) to transfer ROGO exemptions from mobile homes to another location.
0
On March 15, 2017, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting in Key Largo, Florida, directing 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.
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On July 19, 2017, the BOCC adopted interim development Ordinance Olt-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 0
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 0
shall not be a working waterfront; as recommended of the Affordable Housing Advisory
Committee and the BOCC; providing for expiration within 365 days of the effective date of the
interim development ordinance or when the land development code amendments become effective,
whichever comes first. Ordinance 011-2017 was due to expire on October 27, 2018.
On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage W
occurred to the housing stock,particularly in areas with lower cost housing options for members of
the local workforce. Due to the need to rebuild a substantial number of homes throughout the
County, and the objective to maintain affordability while rebuilding a resilient housing stock, both
private and public agencies and property owners are engaged in redevelopment activities that may
require or benefit from the transfer of market rate ROGO exemptions. Potential motivation to
transfer market rate ROGO exemptions includes, but is not limited to: vulnerability of sender sites
to future storm damage; overcrowding of dwelling units on pre-storm housing sites; availability of
funding for specific project types and locations; opportunities to replace market rate housing with .2
deed restricted affordable housing to maintain workforce housing stock; and the potential to
leverage market rate ROGO exemption transfers in order to fund efforts to reconstruct affordable
units.
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On April 19, 2018, at the regularly scheduled Board of County Commissioners meeting, the BOCC
gave direction to staff to process proposed text amendments to the Comprehensive Plan and Land
Development Code to incentivize the development of affordable housing by allowing the issuance
of affordable housing ROGO allocations to Tier I, Tier II, Tier III and Tier III-A designated
parcels in order to replace market rate dwelling units with deed-restricted affordable housing
dwelling units. These amendments were adopted by the BOCC at the June 19, 2019 regular
meeting through Ordinances 018-2019 and 019-2019 . E
i
On July 18, 2018, at a regularly scheduled meeting, the Monroe County BOCC adopted Resolution c
a�
203-2018 which reduced the scope of interim development ordinance (IDO) 011-2017 to allow for
the transfer of market-rate units utilizing Monroe County Code Section 139-2 (Affordable Housing
Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) in certain limited Wi
situations. Since the adoption of Ordinance 011-2017, there have been instances in which an
applicant seeks to transfer an existing market-rate unit to an off-site location and redevelop the
property with a deed-restricted affordable dwelling unit. However, the interim development
Ordinance 011-2017 prohibited the ability to transfer the market-rate unit, and therefore did not
allow the owner to realize the full potential of the incentives the BOCC wished to offer for
redevelopment of homes with deed restricted affordable units.
On October 27, 2018, at a regularly scheduled meeting, the Monroe County BOCC adopted interim
development Ordinance 020-2018 extending the moratorium initiated with interim development
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Ordinance 011-2017 for an additional 365 days. Ordinance 020-2018 adopted the exception
permitted through Resolution 203-2018.
On July 17, 2019, at a regularly scheduled meeting, the Monroe County BOCC adopted interim
development Ordinance 026-2019 extending the moratorium for an additional 365 days, and again
including the exception permitted through Resolution 203-2018. Interim Development Ordinance
026-2019 is due to expire on July 17, 2020, if the relevant Comprehensive Plan and/or Land 0
Development Code amendments are not adopted and effective before that date.
0
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on July 30, 2019,
in Marathon to provide for public input. No public attended the meeting.
U)
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
June 25, 2019 and received public input.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on October
30, 2019,provided for public input and recommended approval.
Previous BOCC Action
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development 2
a�
Ordinance 011-2017 implementing the moratorium described above.
On July 18, 2018, the BOCC reduced the scope of interim development Ordinance 011-2017 a
through Resolution 203-2018 U)
On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018, extending the W
moratorium described above.
a�
On July 17, 2019, the BOCC adopted interim development Ordinance 026-2019 extending the
moratorium for an additional 365 days.
Interim Development Ordinance 026-2019 is due to expire on July 17, 2020, if the relevant 1�I
amendments are not adopted and effective before that date.
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The proposed text is shown as follows: additions are in underlined, deletions are Stfi ke t4..EM-g4
Sec. 138-22.- Type of Development Not Affected.
The residential ROGO shall not apply to the development described below:
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(b) Transfer off-site. Residential dwelling units and transient units may be transferred to another site in
the same ROGO subarea, provided that the units lawfully exist and can be accounted for in the
County's hurricane evacuation model.
(1) ROGO exemptions may be transferred as follows:
a.between sites within the Upper Keys ROGO subarea;
b.between sites within the Lower Keys ROGO subarea;
c.between sites within the Big Pine Key and No Name Key ROGO subarea;
d. from the Big Pine Key and No Name Key ROGO subarea to the Lower Keys ROGO subarea. 0
(2)No sender units may be transferred to an area where there are inadequate facilities and services.
(3) Transfer off-site shall consist of either the demolition of a dwelling unit on a sender site or a c
change of use of the floor area of dwelling unit on a sender site to another permitted use in the 0
applicable land use (zoning) district that does not require the ROGO exemption and the
development of a new dwelling unit,transient unit or affordable housing unit on a receiver site.
(4) Transfer of Lawfully Established Unit Types:
a. Transfer of a transient unit. A lawfully established hotel room, motel room, campground
space, or recreational vehicle space may be transferred off-site to another hotel, motel,
campground or recreational vehicle park.
b. Transfer of an affordable housing unit. A lawfully established permanent market rate or
as
affordable dwelling unit may be transferred to affordable housing. The receiver site shall
be developed with an affordable housing unit pursuant to Sections 101-1 and 139-1.
c. Transfer of a market rate unit. A lawfully established permanent market rate dwelling unit
may be transferred to a receiver site and developed as a single family detached market rate E
dwellin&unit, subject to en 4 the following:-
1. The transfer of market rate ROGO exemptions may be allowed provided that one of the
following is satisfied: U)
i_4—. A 99 year deed-restricted affordable housing unit,pursuant to Sections 101-I and
139-1,is retained or redeveloped on the sender site. If the existing dwelling unit is
proposed as the deed-restricted affordable housing unit, the unit shall pass a life
safety inspection conducted in a manner prescribed by the Monroe County
Building Department, comply with hurricane standards established by the Florida
Building Code, and habitability standards established under the Florida Landlord
and Tenant Act; or
ii. The sender site is dedicated to Monroe County for the development of affordable
housing and an in-lieu fee per unit, based on the current maximum sales price for
a one-bedroom affordable unit as established under Section 139-1(a),is paid to the
affordable housing trust fund; or
iii. �—A 99 year deed-restricted affordable housing unit, pursuant to Sections 101-1 E
and 139-1, is developed on a Tier III property (single-family residential lots or 1�I
parcels) and the dwelling unit on the sender site is demolished and the sender site 0
is restored.
2. The receiver site for the market rate ROGO exemption must meet the criteria of tt:
subsection(6) and the following:
i. Receiver site is a legally platted lot, and
ii. Receiver site is within the Improved Subdivision (IS) Land Use District or the
Urban Residential Mobile Home (URM) Land Use District, and oho
iii. Receiver site is located within the same ROGO subarea as the sender site, except
exemptions may be transferred from the Big Pine Key and No Name Key ROGO E
E
subarea to the Lower Keys ROGO subarea, and
iv. Receiver site property is not a recreational and commercial working waterfront.
(5) Sender Site Criteria:
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a. Contains a documented lawfully-established sender dwelling unit pursuant to subsection (a)
and recognized by the County; and
b. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's
Military Installation Area of Impact(MIAI) Overlay.
(6) Receiver Site Criteria:
a. The Future Land Use category and Land Use (Zoning) District must allow the requested use;
b. Must meet the adopted density standards;
c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal 0
wastewater meeting adopted LOS,paved roads, etc.);
d. Located within a Tier III designated area; and c
e. Structures are not located in a velocity(V) zone or within a CBRS unit. 0
(c)Procedures for transfer off-site.
(1) A pre-application conference and, at a minimum, a minor conditional use permit approval shall
be required for both the sender site and the receiver site. The minor conditional use for the
transfer shall be reviewed pursuant to standards in this subsection (2) and not the standards
provided in Section 110-67. As part of the minor conditional use permit approval process,
as
mailing of notice shall be required to owners of real property located within 600 feet of the
receiver site and owners of real property located within 600 feet of the sender site. The receiver
shall be posted in accordance with Sections 110-5(h) and 110-69. Posting of notice, as required
in Section 110-5(c) shall be required for the receiver site,but not the sender site. E
(2) A sender unit shall be assigned a unique identifier number that shall be used for tracking and .�
monitoring by the Planning and Environmental Resources Department. Multiple units to be
transferred from a sender site to a single receiver site may be authorized under a single minor 2
conditional use permit approval. The unique identifier number shall be itemized in the minor
conditional use permit development orders and building permits required for both the sender W
and receiver sites.
U)
Sec. 139-2.-Affordable Housing Incentive Programs.
(a) Purpose and intent. The intent of this section is to set forth a program to help incentivize affordable
housing development within Monroe County.
as
(b) Program 1: Transfer of ROGO Exemptions from Mobile Home Parks.
(1)Purpose and intent.
The intent of this program is to establish an appropriate incentive for mobile home park owners to
maintain mobile home park sites, mobile home developments in URM and URM-L districts, and E
contiguous parcels under common ownership containing mobile homes where any of the foregoing is 1�
presently serving as a primary source of affordable housing in Monroe County (any of the foregoing
being an "eligible sender site") by providing an alternative development strategy to straightforward
market-rate redevelopment. This program is intended to allow the transfer of market rate ROGO
exemptions associated with lawfully established dwelling units now existing at an eligible sender site
to be transferred to another site or sites in exchange for maintaining an equal or greater number of
deed-restricted affordable dwelling units within Monroe County. This program seeks to address the 0
housing needs of the Florida Keys as a regional obligation. co
This program provides an eligible sender site owner the opportunity to transfer market rate ROGO E
exemptions currently associated with existing and lawfully established dwelling units from eligible
sender sites to receiver site(s) within Monroe County, provided that it involves the pooling of
affordable dwelling unit rights for redevelopment at donated, purchased or otherwise appropriately
deed-restricted sites, and transfer of ROGO exemptions or allocations for the purpose of
implementing and facilitating one or more affordable housing projects. The provisions of this section
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shall control over all contrary provisions of this Land Development Code related to the
transferability of ROGO exemptions.
(2)Procedure.
a. This transfer shall require an approved development agreement.
b. Minor conditional use approval is required to complete the transfer.
c. A development agreement shall not be required for an eligible sender site containing ten or fewer
mobile homes. For the purposes of this exception, property owners shall not be permitted to 0
subdivide by deed, split ownership or otherwise divide larger contiguous parcels containing
more than ten mobile homes to create parcels containing fewer than ten mobile homes. c
U)
(3)Development agreement requirements.
a. Sender site restrictions:
1. ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis
where the ROGO exemptions are to be transferred,provided the following is satisfied:
i. The exemption is transferred to single-family residential legally platted lots ems;
ii. The exemption is transferred within the same ROGO pla+Iiiiiig subarea,except
exemptions may be transferred from the Big Pine Key and No Name Key ROGO
as
subarea to the Lower Keys ROGO subarea;-
iii. Receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
iv. The receiver site property is not a recreational and commercial working waterfront. E
However, where tr-a*sfer-s afe—tebemade to eemmer-eia4 or- rver-e-atienal Wefking
,
hattsing omits-z eligible sender- site(s) for- eaek mafket rate ROGO
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Example 4-: Transfer on a 1 for 1 basis.
Existing 100-unit mobile home park. A development agreement with the county may, if
approved, allow the owner to transfer up to 100 ROGO-exemptions to single-family platted
lots eels as long as an equivalent number of deed-restricted affordable dwelling units
remain or are created on one or more created on one or more eligible sender site(s).
i
of mafe eligible sender-s4e(s)fiffRily �I
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,
er-eated an ane or-more eligible sender-s4e�&�
2. The eligible sender site property(ies) shall be donated or sold to Monroe County, or otherwise
appropriately deed-restricted for long-term affordability. Prior to acceptance of a donated
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or purchased parcel, all units to be maintained on site shall pass a life safety inspection
conducted in a manner prescribed by the Monroe County Building Department. Monroe
County may then lease the sender site property to a party who will serve as lessee and sub-
lessor of the eligible sender site(s).
3. The number of transferred ROGO exemptions shall not exceed the number of restricted
affordable dwelling units maintained at the eligible sender sites.
4. The resulting development or redevelopment of affordable housing pursuant to the governing 7
development agreement will be targeted to serve as closely as possible the following 0
household income categories: 25 percent very low income households, 25 percent low
income households, 25 percent median income households, and 25 percent moderate c
income households (or as otherwise approved by the BOCC).
5. Lot rents and/or sales prices for resulting deed-restricted dwelling units shall be established in
accordance with restrictions outlined in Florida Statutes and/or the Monroe County Code.
6. All units designated by the applicable development agreement to remain as deed restricted
affordable housing at the donated, purchased or appropriately deed-restricted site(s) shall
comply with hurricane standards established by the Florida Building Code and habitability
standards established under the Florida Landlord and Tenant Act. Compliance shall be W
accomplished in a manner and within a timeframe set forth in the development agreement
as
or,if applicable,in the relevant minor conditional use.
7. A development agreement proposed under this program shall not utilize more than 50 percent
19
of the existing affordable housing allocations then available to Monroe County, unless
otherwise approved by the BOCC. E
8. All of the redeveloped or preserved affordable housing units, whether redeveloped or retained .�
at the original sender site(s), or at alternate or additional locations, shall remain in the same r_
ROGO sub areap'a���as the original sender site(s). 2
(4)Minor conditional use requirements.
a. Receiver site criteria:
1. The receiver site shall be located in a Tier III designated area.
2. The receiver site shall not be located in a velocity(V) zone or within a CBRS unit.
3. The receiver site is a legally platted lot.
4. The receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District, and
5. The receiver site property is not a recreational and commercial working waterfront.
6�. A property owner cannot receive a certificate of occupancy for any unit constructed as a �
result of a transferred ROGO-exemption until all corresponding eligible sender site units
are completed and deed-restricted as affordable dwelling units.
74. All or any portion of the redeveloped or preserved affordable housing units may be
redeveloped or retained at one or more alternate or additional locations donated or sold to 1�I
Monroe County, identified in the Development Agreement and otherwise compliant with 0
the remainder of this section, including but not limited to the requirements set forth in
subsection(b)(3)a.2. tt:
8-5. Transferred ROGO-exemptions shall remain in the same ROGO subarea, except
exemptions may be transferred from the Big Pine Key and No Name Key ROGO subarea
to the Lower Keys ROGO subarea.
9. The receiver site propey includes all infrastructure (potable water, adequate wastewater oho
rt
treatment and disposal wastewater meeting adopted LOS,paved roads, etc.)
(5) Nothing herein shall preclude the county's replacement of sender site dwelling units with affordable E
allocations and recovery and transfer of market-rate ROGO-exemptions from the sender sites for use
in administrative relief programs or other like purposes.
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IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based; 0
N/A
0
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
N/A w
4. New issues;
On December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code 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. 2
a�
The BOCC adopted interim development Ordinance 011-2017 on July 19, 2017, creating a
moratorium on 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) for 365 days or until LDC amendments were adopted.
On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage
occurred to the housing stock, particularly in areas with lower cost housing options for
members of the local workforce.
On August 18, 2018, the BOCC adopted interim development Ordinance 020-2018 extending E
the moratorium for an additional 365 days. 1�
0
On July 17, 2019, the BOCC adopted interim development Ordinance 026-2019 extending the
moratorium for an additional 365 days.
�s
i
The proposed amendment includes the additional receiver site criteria for the transfer of market
rate TREs as recommended by the Affordable Housing Advisory Committee and the BOCC.
5. Recognition of a need for additional detail or comprehensiveness; or
The BOCC adopted interim development Ordinance Olt-2017 on July 19, 2017. On August 18,
2018, the BOCC adopted interim development Ordinance 020-2018 extending the moratorium for
an additional 365 days. On July 17, 2019, the BOCC adopted interim development Ordinance
026-2019 extending the moratorium for an additional 365 days.
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0.13.b
The proposed amendment includes the additional receiver site criteria for the transfer of market
rate TREs as recommended by the Affordable Housing Advisory Committee and the BOCC.
The proposed amendment provides the ability to transfer market rate ROGO exemptions and the
redevelopment of units with deed restricted affordable housing while maintaining the community
and economic character of the Florida Keys. The need to protect and preserve an adequate 0
inventory of affordable/workforce accessible housing is a continual as well as a growing
challenge in Monroe County, particularly after the recent impacts of Hurricane Irma. The 0
amendment will further ensure public health, safety, and welfare of the citizens of unincorporated
Monroe County by assisting with the protection and development of the affordable housing
supply and continuing to restrict the conversion of single family housing, developed with the E
transferred market rate TREs on IS and URM platted lots, to a vacation rental use which further
reduces the housing supply and increases affordable housing demand.
6. Data updates;
N/A
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a livable communikeys master plan pursuant to findings of the board of county
commissioners.
a�
The proposed text amendment is not anticipated to result in an adverse community change.
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE U)
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan. Specifically,it furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources. E
i
Objective 101.3: Monroe County shall regulate new residential development based upon the 00.
0
finite carrying capacity of the natural and man-made systems and the growth capacity while
maintaining a maximum hurricane evacuation clearance time of 24 hours.
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i
Policy 101.3.3: Monroe County shall allocate at least 20% of the annual allocation, or as may be
established by the State of Florida, pursuant to Administration Commission Rules, to affordable
housing units as part of ROGO. Any portion of the allocations not used for affordable housing
shall be retained and be made available for affordable housing from ROGO year to ROGO year.
Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy
601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential
Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable
housing shall not be located within an area designated as Tier I as set forth under Goal 105 or
within a Tier IH-A Special Protection Area as set forth in Policy 205.1.1.
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Policy 101.3.10: Notwithstanding any other provision of the Plan, ROGO allocations utilized for
affordable housing projects may be pooled and transferred between ROGO sub-areas, excluding
the Big Pine/No Name Keys ROGO subarea, and between local government jurisdictions within
the Florida Keys Area of Critical State Concern (ACSC). Any such transfer between local
government jurisdictions must be accomplished through an interlocal agreement between the
sending and receiving local governments. 0
Policy 101.6.8: Monroe County shall maintain a Transfer of ROGO Exemption (TRE) program, 0
that allows for the transfer off-site of dwelling units, hotel rooms, campground/recreational
vehicle spaces and/or mobile homes to another site in the same ROGO subarea, provided that they
are lawfully existing and can be accounted for in the County's hurricane evacuation model.
Dwelling units may be transferred as follows:
a. between sites in the Upper Keys ROGO subarea; W
b. between sites in the Lower Keys ROGO subarea;
c. between sites in the Big Pine Key and No Name Key ROGO subarea;
i. units from the Big Pine Key and No Name Key ROGO subarea may also be
transferred to the Lower Keys ROGO subarea.
No sender units may be transferred to an area where there are inadequate facilities and services.
Sender Site Criteria:
1. Contains a documented lawfully-established sender unit recognized by the County; and 2
U)
2. Located in a Tier I, II, III-A, or III designated area; including any tier within the County's `5
Military Installation Area of Impact(MIAI) Overlay.
Receiver Site Criteria: U)
1. The Future Land Use category and Land Use (Zoning) District must allow the requested use;
2. Must meet the adopted density standards; W
3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS,paved roads, etc.);
4. Located within a Tier III designated area; and
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5. Structures are not located in a velocity (V) zone or within a CBRS unit.
Objective 101.18: Monroe County recognizes that there presently exists a significant excess of 1�I
platted residential subdivision lots relative to the County's carrying capacity based upon hurricane
evacuation, traffic circulation, water quality and marine resources, and other level of service
standards. The County further recognizes that lot owners who are unaware that they will be
subject to the County's land development regulations may have unrealistic expectations
concerning their ability to receive building permits. In order to avoid, to the extent possible,
further unrealistic development expectations, Monroe County shall not approve a preliminary or 0
final plat unless development of the plat would meet all of the requirements of Monroe County's
land development regulations, and shall not exceed the maximum density of the future land use
category or the land use district, whichever is less. Monroe County shall limit its approval of plats
to those which only create buildable lots; areas of wetlands may be included in a plat as
conservation areas.
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Policy 10118.3: Within the IS, IS-D, URM, URM-L and CFV land use districts (zoning),parcels
platted as of September 15, 1986 shall not be further subdivided in a way that creates more net
lots than the original plat.
Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
adequate and affordable housing that is safe, decent, and structurally sound, and that meets the
needs of the population based on type, tenure characteristics, unit size and individual preferences. 0
Policy 601.1.4: All affordable housing projects which receive development benefits from Monroe 0
County, including but not limited to ROGO allocation award(s) reserved for affordable housing, 0
maximum net density, or donations of land, shall be required to maintain the project as affordable
for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land
Development Code, and administered by Monroe County or the Monroe County Housing
Authority.
Policy 601.1.8: Monroe County shall allocate at least 20% of the annual ROGO allocation, or as
may be established by the State of Florida, pursuant to Administration Commission Rules, to
affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for this
separate allocation must meet the criteria established in the Land Development Code.
Policy 601.1.9: Monroe County shall maintain land development regulations which may include
density bonuses, impact fee waiver programs, and other possible regulations to encourage
affordable housing. 2
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Objective 601.3: Monroe County shall continue implementation efforts to eliminate substandard
housing and to preserve, conserve and enhance the existing housing stock, including historic a
structures and sites. U)
r_
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
as
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation E
from the other provisions. 1�
(a) Strengthening local government capabilities for managing land use and development so that local government is CL
able to achieve these objectives without continuing the area of critical state concern designation.
(b) Protecting shoreline and benthic resources,including mangroves, coral reef formations, seagrass beds,wetlands, tt:
fish and wildlife,and their habitat.
(c) Protecting upland resources,tropical biological communities,freshwater wetlands,native tropical vegetation(for �I
example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and their habitat. �3
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. 0
co
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(t) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring
that development is compatible with the unique historic character of the Florida Keys. E
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
investments,including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection,treatment,and disposal facilities;
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3. Solid waste treatment,collection,and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges,and marine sanctuaries;
7. State parks,recreation facilities,aquatic preserves,and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities,as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities;
and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. c
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater 0
management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by (U
directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. U)
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
manmade disaster and for a postdisaster reconstruction plan. W
(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.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent 0
with the Principles for Guiding Development as a whole and is not inconsistent with any E
Principle. E
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
as
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units of W
local government can preserve, promote, protect, and improve the public health, safety, 2
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water, 0
sewerage, schools, parks, recreational facilities, housing, and other requirements and services;
and conserve, develop, utilize, and protect natural resources within their jurisdictions. Ei
0
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared and (i
adopted in conformity with this act.
0
163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
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government's programs, activities, and land development regulations will be initiated,
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards 0
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations. 0
163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been
adopted in conformity with this act, all development undertaken by, and all actions taken in
regard to development orders by, governmental agencies in regard to land covered by such
plan or element shall be consistent with such plan or element as adopted.
(b) All land development regulations enacted or amended shall be consistent with the W
adopted comprehensive plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the adopted
comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. If
a local government allows an existing land development regulation which is inconsistent with
the most recently adopted comprehensive plan, or element or portion thereof, to remain in
effect, the local government shall adopt a schedule for bringing the land development
regulation into conformity with the provisions of the most recently adopted comprehensive
plan, or element or portion thereof. During the interim period when the provisions of the .2
most recently adopted comprehensive plan, or element or portion thereof, and the land `5
development regulations are inconsistent, the provisions of the most recently adopted L
comprehensive plan, or element or portion thereof, shall govern any action taken in regard to a
an application for a development order. U)
163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory W
authority. It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an E
area shall be based on, be related to, and be a means of implementation for an adopted 1�
comprehensive plan as required by this act.
VI. PROCESS
i
Land Development Code Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, private application, or the owner or other
person having a contractual interest in property to be affected by a proposed amendment. The
Director of Planning shall review and process applications as they are received and pass them onto
the Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
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public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the staff report, staff recommendation,
Planning Commission recommendation and the testimony given at the public hearing. The BOCC
may adopt the proposed amendment based on one or more of the factors established in LDC
Section 102-158(d)(7).
U)
VIL STAFF RECOMMENDATION
0
Staff recommends approval of the proposed amendment.
VIII.EXHIBITS
1. Ordinance 011-2017
2. Resolution 203-2018 w
3. Ordinance 020-2018
4. Ordinance 026-2019 2
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Exhibit 1
MONROE COUNTY, FLORIDA
ORDINANCE Oil -2017
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 0
FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139-2
(AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO
EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR U)
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 E
SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED E
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 i
DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, _
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; VJ
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING v
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE.
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; 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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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
WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the 0
Affordable Housing Advisory Committee; and
0
WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of 0
August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County
Board of County Commissioners for professional services on Affordable Workforce Housing
4T
Stakeholder Assessment; and U)
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 2
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 E
WHEREAS, at a regular meeting held on the loth of June, 2015, the Board of County U
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 i
WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted 11-1
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Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for
cv
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
County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
affordable and workforce housing; and
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
2017-054 Page 2 of 5
Packet Pg. 2822
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
WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted
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 0
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
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
i
WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff
to amend Monroe County Code Section 139-2 (affordable housing incentive program), as
recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO
exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision
(IS) land use district and within the same ROGO planning subarea for the development of single
family detached dwelling units; and
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WHEREAS, the County's updated land development code became effective on February 3,
2017; and
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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0.13.c
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: 0
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, 0
commencing March 15, 2017, utilizing:
1. Monroe County Code Section 139-2 (Affordable Housing Incentive Program) to transfer ROGO
4T
exemptions from mobile homes to another location; or r-
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
until the Land Development Code is amended to:
a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the .E
following criteria: a
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 i
iv. receiver site property is not a working waterfront; ®i
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
Development Code amendments become effective, whichever comes first.
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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 E
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.
U)
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.
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA E
BY
y
Mayor George Neugent
' MONR E COUNTY ATTO NEY �.I
AT�T Tr IN MADOK, CLERK Ap VE S TO M�
_ _ .l.J
-A T. W!LUAMS
ASSIS s'r'.•ti i %OU TY ATyo RNEY
DEPUTY CLERK Dati .2/ / 7
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2017-054 Page 5 of 5
Packet Pg. 2825
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 0
To Whom It May Concern,
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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
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 E
Committee and the BOCC; providing for the expiration with 365 days of the effective date of E
this interim development Ordinance or when the Land Development Code amendments become 40-
effective, whichever comes first; providing for severability; providing for transmittal to the State r_
Land Planning Agency and the Secretary of State; providing for an effective date.
i
This Ordinance was adopted by the Monroe County Board of County Commissioners at a 1
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. V.-�
N
Respectfully Submitted,
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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. 2826
FLORIDA DEPARTMENT 0.f STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
August 3, 2017
as
U)
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Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
E
Dear Mr. Madok:
U)
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. i
Sincerely,
cv
Ernest L. Reddick
Program Administrator W
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. 2827
0.13.c
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 ;
x.
ORDINANCE NO. 011-2017 4C-) s_ m
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D
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 011-2017 0
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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.
U)
r-
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
i
the Department on August 8, 2017. i
3. The Ordinance amends the Monroe County Land Development Code ("Code") by 11-1
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
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. 2828
0.13.c
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
generally, and specifically, Objective 101.5 and Policy 601.1.9, as ' required by section
0
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
U)
whole, and specifically complies with the following:
i
(a) Strengthening local government capabilities for managing land use and i
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.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. 2829
0.13.c
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, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
U)
NOTICE OF ADMINISTRATIVE RIGHTS
U)
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION, 0
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
E
4
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE U
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), i
FLORIDA STATUTES.
i
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT ®i
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
It-
FILED WHEN IT IS RECEIVED BY: It-
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
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. 2830
0.13.c
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.
U)
0
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 E
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County i
Board of County Commissioners
PO Box 1980 ®�
Key West, Florida 33041
4
Packet Pg. 2831
2
3 NIONROE (,70UNTN", FLORIDA
4 RESOLUTH')N 203 -2018 U)
--- co
6 0
7
U)
8 It RFS(HAITION OF THE BOARD Ol" COUNTY (°ONIMISSR)Nl-'RS, AN/11,, M,NDINO .0
9 INTERIM IJFVEL01'N4ENrr ORDINANCI,,J 011-2017 TO RFAX]CE YI C(Al', IN E
IW
IW
10 ORDER TOAW)W Nf`,W' APPLIGN'TIONS. OR RECTIVE'D APPLICATIONS H]AT' U)
0 M
11 1!AVE NOT BEL,N FULLY APPROVED, To U I'll-AZL', NIONROF.' COUNI'Y C( D I
12 SECTION 139-2 (Al"FORDABLL,-, HOUSING INCENTIVL, PROGRANEt (,W ON WW
13 =210) (TRANSFER (Al ROCK) EXEMP'lIONS) TO TRANSFER MARKL.T RATF,
14 ROC O EXENIP'HONS '10 'IIER III PE,NTrF,,i) LOTS WrIVIN THE IN11'R-001)
15 St I B DIV IS ION (IS) OR LJRBA N RE S I Dl NTIAL MOB I LE-I JOM E(I J RM) LAND U SF'
16 DISTRICT AND WITHIN THE SAMIR I1OCiO PLANNING SUBAREA FOR V MIE E
17 DEVELOPNIENT OF SIN(WE FAN411Y DETACFH-.'I) DWELLING UNI'I'S, U)22
IS PROVIDED YHE RECEIVER Sll'l,.,,' IS NOT A WORKIN('J WA'FERFRONT, AS IW U)
19 RECOMM(°NDEI) BY "I HE HOUSING ADVISORY CONINTHTEL, 0
M
20 AND VIE BO(,',C: PROVIDING IWR SEWRABILAW PROVIDING 1WR
21 TRANSNIEFTAL 1`0 TIE STATH LAND I'LANNING AGENCY AND
22 SECRETARYOF STAW PROVIDING I':'ORAN L,.I-Tl,,,(:"H V L,' 1)AT F. 0
23 00
24
25 C�
0 C2
26 M11JERFAS, the Monme CAmmy Board of County (Windsioners (BOCC) adolUed Resolutbi V
27 0880017, at a regular meeting on March 15, 2017 in Key L,argo, Florida, directing staff to process an 0
0U)28 ordinance to impose as temporary inmakwium deferring the appoval ofnew private applications car-received w
04
29 applkaLhns Mat we not yet appavel pnMoing U) milke Qmnw Coumy We Section 139-2(Affordable >�
w
30 HoWng Incentive NoWsm) or Section 1..'a 22(b) (Transli of R(HA) exeniplions off' site) to transfer 4i
31 market rate unhs "u) anod-ter local[on; and
as
32
33 10MIEREAN. the BOCC adopted Ordinance 01 1-2017 at a regular meeting on July 19, 2017 in
34 Marathon, llorida. imposing as tenipornry axwMorium delerring the approval or new priNiatc applications or
35 received apoixatkms tht are not yet appxoved, prwTosing to ufflize N,llonroe County Code Section 139-2
36 (Anklabb I kming Incraive Program) or Section, I 38-21b) (Ijansfer of ROGO exempthns (AT site) to
37 transiler market rate uniB w mugNer kwadw and
38
Reno No._2N -2018 Page 1.of 3
1 Packet Pg. 2832
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
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
7 WHEREAS, since the adoption of Ordinance 011-2,017, there have been instances In vvilich an
U)
0
8 applicant seeks to transfier an existnig market-rate R060 cxcniption to an of f'site location and redevelop a
9 the property with as deed-restricted) affordable dwelling unit.. and C
0
10
11 WHEREAS, the interim, dcvclopnlent Ordimance 0 11-2017 prohibits the ability to transfer the U)
12 niarket-rate IMC'10 exemption at this tin-le, aund therefore does not allow, tile owner to realize tile full
13 potential of the incentives the 13OCC Nvishes to offer for redevelopnient of' hornes with, deed restricted
U)
14 affordable units. and C
15 w
16 WHEREAS,thc BOCC seeks to reduce thescope of0rdinance(it 1-2017sothat market rate ROGO
17 transfers consistent with the intent ofthe adopted nioratoriLull Ill,'Iy be allo%ved at this tirric, prior to adoption
18 ofthe directed land developillent code aniendn'lents, and 0
19
20 WHEREAS, interim developtilent Ordinance 01 1-2017 shall renlain in place notwithstanding the E
U)
21 modifications made herein, and I-
4
U)
22 C
m
"OUnt
2 3 WHEREAS, Monroe ( ounty, policies and re�'Ldalions adopted in tile Monroe
24 Comprehensive Plan and Land Developir'ient C'ode are to maintain public health, safety, and welfare ofthe w
25 citizens of tile I'lorida Keys and to strengthen, our local governnient capability, to manage land use and 0
26 developinent; and a I
00
27 T-
28 NOW,T HEREFORU", RE IT 1 ES01,AIED BY THE BOARD OF COUNTV C'ONIMISSIONERS OF C1,4
m
CD
29 MONIZOE COUNTV- C14
30 6
U)
31 Section 1. Reduction in Scope of Monme Count Board of County Commissioners Interim
32 Development Ot-dinance 011-21117 Imposed. "The Monroe County planning and L:nvironmental C14
33 Resources Departn'ient shall accept new private applications and/or process received applications [flat are w
4i
34 not yet approved, connrienCing on the CffCCti\Ie (late of this I-CS0111tiOn, UtiliZing: C
0
E
m
35 1, Monroe County, Code Section 139-2 (Affordable I lousing Incentive Prograrn) to transiler ROGO
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
38 rate units to another locafion,-
39 Provided that the transfer of Market I�atc ROG() cxciriptions is to recciver sites that incet all of the
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. 2833
1 K receiver site is a le:gaily platted lot; and
2 c,e re:ceiver site is within [lie ftnproved Sub&vk�on (B) Land Use District or the Urban
3 ResWenfial mobile Home (URM) Land Llse District; and
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
7 PASSED AND AD13PTED by the Board Of' COMIty Commissioners, of Monroe County, Florida, at a
0
8 regular imeefing oft lie Board held on to -ILOhIly of LLIy _, 2018.
9 0
10
U)
11 Mayor David Rice, District 4 -Yea,
12 Mayor Pro 'Fem Sylvia J. Murphy, District 5
13 Danny L. Koffiage, District I Yes
7
14 George Neu gent, District 2 Yes
is Heather Carrutherg, District 3
W
16
1,7 ttersw, KEVIN MADOK, CLERK BOARD oF coi-rvry COMMISSIONERS
18 OF MONROE COUNTY FLO R I D A
19
40
Depu 20 t�y erk B�y: o
21 Mayor davil ice E
22 (S EA L)
rn
C-�
cn CD
0
A V:::7
T C14
ASSIST;� ANEY
D,qtom ,
C14
6
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C14
W
E
Reno No 2013 -2018
Packet Pg. 2834
0.13.e
1
2
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7 ORDINANCE NO. 020 -2018 7
8
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
U)
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
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 U)
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 i
25 ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE
26 FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPERTY 00
27 SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED BY THE
28 AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC;
29 PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE
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 E
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. 2835
0.13.e
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
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
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 r_
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
18 Housing Advisory Committee; and
19 .E
20 WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
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
00
26 Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment
27 Report generated by FCRC Consensus Center, FSU, dated Apri12015; and
28 `�
29 WHEREAS, at a regular meeting held on the 201h 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. 2836
0.13.e
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 7
8 Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and
9
10 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403- WO
11 2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State 0
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;
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 i
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 CO
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 E
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. 2837
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;
9 and
10
11 WHEREAS, an ordinance addressing the interim time period between the current adopted land 0
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 r_
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 E
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 1
25 impose a temporary moratorium deferring the approval of new private applications or received
00
26 applications that are not yet approved, proposing to utilize Monroe County Code Section 139-2
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 `14
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
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. 2838
• 0.13.e
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 7
8 affordable units; and
9
10 WHEREAS, on July 18, 2018 the BOCC reduced the scope of Ordinance 011-2017 so that market 0
11 rate ROGO transfers consistent with the intent of the adopted moratorium may be allowed at this time, M
12 prior to adoption of the directed land development code amendments through a separate adopted
4T
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
18 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County Planning e
19 Commission held a public hearing for the purpose of considering the proposed interim development
20 ordinance and provided for public comment; and
21 U)
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
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the 00
i
27 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
28 development; and
29
30 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 E
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. 2839
0.13.e
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;
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 a
10 amendments become effective, whichever comes first.
11
12 Notwithstanding the foregoing, the Monroe County Planning and Environmental Resources Department U)
r-
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 0
18 receiver site when the following criteria is met:
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 �I
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 i
25 5. receiver site property is not a working waterfront.
26 00
27 Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved 24
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 0
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. 2840
0.13.e
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
9
10 Mayor David Rice, District 4 Yes
y U)
11 Mayor Pro Tem Sylvia J. Murphy, District 5 Yes
12 Dann L. Kolha e, cnrn �-
y g District 1 Yes �,r�
13 George Neugent, District 2 Yes � � ., o U)
14 Heather Carruthers, District 3 Yes ?: t M
15 :.� R
. �.-.,
16
iR
17 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS *:
tzi: . .
18 OF MONROE C UNT , FLORIDA
19 M�
a
20 A. By:
2 Mayor Davi ice
22U : �
Gt
yQH 'tv�t�
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MONROE COUNTY ATTI'7tNE Y ®I
ASSISTA-i�T C MY AYTORN0
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File 2018-089 Page 7 of 7
Packet Pg. 2841
CKevin Madok, CPA
Clerk of the Circuit Court& Com troller— Monroe Count Florida
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September 4, 2018
Department of State _
Administrative Code & Register
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500 S Bronough Street
Tallahassee FL 32399-0250
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To Whom It May Concern, U)
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 W
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
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 E
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, 0-
whichever comes first;providing for severability;providing for transmittal to the State Land Planning
Agency and the Secretary of State;providing for amendment to the Land Use District(Zoning)Map;
providing for an effective date.
i
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular
meeting, held in formal session, on August 15, 2018. Should you have any questions,please feel free to 001
contact me at(305) 292-3550.
Respectfully Submitted, C14
Kevin Madok, CPA, Clerk of 0
the Circuit Court& Comptroller&
ex-officio to the Monroe County W
Board of County Commissioners
as
by:Pamela G. Hancock, D.C.
ca
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. 2842
FLORIDA DEPARTMENT E STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 4, 2018 'a
0
U)
U)
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
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Dear Mr. Madok
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 2018-020, which was filed in this office on September 4,
2018. Oi
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Sincerely, 0�
cv
cv
Ernest L. Reddick
Program Administrator W
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. 2843