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Item I7lrl Co�� Mope �' ; BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem Michelle Coldiron, District 2 Ile Florida Keys m �� u 1 Craig Cates, District 1 J ��1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting February 19, 2020 Agenda Item Number: I.7 Agenda Item Summary #6539 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506 2:30 P.M. AGENDA ITEM WORDING: Discussion and direction on whether to direct staff to process a comprehensive plan and land development code amendment to: 1) move a portion of the 378 remaining market rate Rate of Growth Ordinance (ROGO) units through 2026 to the affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in phase 1 of the hurricane evacuation model. ITEM BACKGROUND: On January 22, 2020, the Board of County Commissioners (BOCC) directed staff to prepare an agenda item to discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to: 1) move a portion of the remaining 378 market -rate Rate Of Growth Ordinance (ROGO) units to the affordable housing allocation pool. Further, after the meeting, some commissioners asked staff to also add to the discussion whether to accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model. Move a portion of the remaining 368 market -rate Rate of Growth Ordinance (ROGO) units to the affordable housing allocation pool On January 22, 2020, the BOCC voted to extend the remaining market rate ROGOs out for an additional three (3) years from 2023 to 2026. The tables below show how this change affects the allocations on an annual basis, and within each subarea. As shown in the 1st table, the County will be awarding 64 market rate ROGOs annually through 2023 and then 62 market rate ROGOs annually from 2023 through 2026, instead of 126 annually through 2023. The Counthall distribute Kt' ,,)W allocations by -ided in the table yeat, as proN below, Annual Allocalion Affordable Market rate ---------- — ----------------- '71 1 July 13, 2013- July 12, 2014 1 July IX, 2014- fitly 12. 2015 126 71 ----------------------- July 13.2015- July 12Z016 ij 12 Juhr 13. -1016- July 12, 2017 126 . .... ..... ... .. ..... ... .. ..... ... .. ..... ... .. ..... ... .. ..... ... .. ..... ... .. ..... . . ----------------- ts I y I Y I018- July 12, 1-019 126 . ............................... . 5 Ti -i6i .'oZO 1-16 ---------- July 13. 2020- July 12. 20-21 1 4,26 64 �S IOVII All"Il (total 3 Ulv 13, 202 1 - Juhp 12, ,022 4-26 (;4 available tit medtately) July M 2022- July 12. 2023 4-M 64 6`1 — — --- — ---------------------- — — ---------- July 13, Italy I 120,226 61 ---------------------- -------------- ----------- ----------- I Total .160 7 too Includes two aianual affordable A allocation fbt the Big Pine Key No Name Key subavea ulrotopw ill IcfI it ix — ------------- ..... ... The 2'd table shows how those units will be divided among each ROGO subarea as follows: See. 13,8,24. Residential ROGO Allocations. ta) Suinher of avadahle arunval resedennal ROGO abla-c-anow, The ntunlvr ofumnkct rnit s,viidcuual ROGO in C.)Qh tu'lxvica orthe wiltuvollw]"ItC4 County UI(l thc total I'llunbc"t of''affor(bble rckaticniial RO(X) ail locitiom availabic comly-wide tlusll bc as fo I I cm I Number ol"Dwel Voits — — ------- Subared . .... . . . .......... . .. . ........................................... M 1, . RM CiQ-YF?mi: J, Myj;% jkk;,y I z, 624 A,I�nFr law w .19 218 I Bie Pine wid No Nani --------------------------- . 4 ",�iSAF)-'s YmIrkel rate . . ..... ------------------- A%rdahje, Vcii, Lo%N�. Low. turd iklcdian 360+ I 11conles MoAcrate lxxom 3501, [I Irtelmic" Oise vunfukall " for Big Pitt guid No Namc �ital As of January 23, 2020, there are now 10 affordable ROGO allocations available to allocate through 2026. Corr nt affordable 0 balar ce- B7 ( 41: `fiery LOW/Low/median; 225 Moderate) errr din nr ier9s rerrrrrrina A ffoidahle ROG0g oevewment Allocations Note orraCounty "t 11122/020 agenda for eratgot� Conch Key (10 L/LI Coco Palms project Cudjoe 6 cif i2�212� ageisda for reservation (1 /Ll ed; 5 Mod) Wrec ens Cap{ 280 111/22,{202 agenda item, for reservation) (14/L/ edA 1440 Mod) School BtiaFi Sugarloaf (no reservation request yet" BOCC has 20 adopted Comp Plans Subarea Pofi fo!r affordable housi ng on thus site) Suhtr 'st Cancun x Stock; (no reservation,- building permit already Island 1 submitted and under review) ... Potential Balance if all above 1 are opproved/ alIoc t dl l 111me, i 10 Mod) The table below shows the ROGO allocations awarded for market -rate units for the previous four (4) quarters. The demand for ROGO allocation in the Lower Keys remains relatively stable and is consistent with the number of allocations established per quarter for the Lower Keys. The demand for ROGO allocations in Big Pine Key/No Name Key continually exceeds the availability of allocations. The demand for ROGO allocation in the Upper Keys slightly outpaces the availability of allocations. ROGO Allocations Q2 Y27 Q3 Y27 Q4 Y27 Q1 Y28 Lower Keys Available for Allocation 14 14 15 14 Total Applications Pending 13 21 20 14 Applications Approved for ROGO 13 21* 16 14 Applications remaining in queue 0 0 4 0 Big Pine Key /No Name Key Available for Allocation 2 2 2 2 Total Applications Pending 28 27 26 25 Applications Approved for ROGO 2 2 2 2 Applications remaining in queue _26 24 Upper Keys Available for Allocation 15 15 16 15 Total Applications Pending 21 19 18 21 Applications Approved for ROGO 15 15 14* 15 Applications remaining in queue 6 4 4 6 *Includes 7 unused Allocations from Quarters 1 and 2. * *Did not distribute all allocations due to limitation of the number of Tier I properties that may receive an allocation Der ROGO vear. Accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model. On January 30, 2019, the BOCC last discussed and did not agree to accept up to 300 units offered on May 2, 2018, by then Governor Rick Scott and the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative. The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a hurricane evacuation. Any development receiving the units would be required to sign a rental management agreement indicating they would be required to assure the evacuation of all occupants of the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these units. The BOCC only has permitting authority and jurisdiction over the unincorporated areas of the County so its decision is limited to up to 300 allocations for the unincorporated area. The DEO issued the graphic below that demonstrates the 2012 Hurricane Evacuation model results that indicated there were still 6.5 hours of additional road capacity in Phase 1 of the hurricane evacuation model. STATE ur RECHIRES A MURRI NE EYACUVIGS C'.EARAVE TIME FCR RERIU *XT RESK NTS OF K WINE TRAM 24 WIL AS. CU{WUTERMCOEUKISUSED IOUERIF)i"CUATION CLEA'RANCETIM€S 3 ti s r 11% N WE ESTIMATE MOBILE HOME RESIDENTS 5 TOURISTS CAN BE EVACUATED IN HOURS 44 PROPOSAL• ALLOW COMMUNITIES TO BUILD DEED-RESTROM AFFORDABLE WORKFORCE HOUSING. WHICH IS REWRED TO BEE VADUATED AT LEAST4O HOURS BEFORE A HURMCM RITE. THAT MEANS IN A 40-ROUR TIME PERIOD THERE IS HOURS OF ADDITIOUL ROAM CAPACITY 1 OF CAP pTtt The additional capacity of 6.5 hours in phase 1 (48hr evacuation) allows the additional 1,300 Keys Packet Pg. 1343 Workforce Housing Initiative permits. It should be noted, that State will be conducting additional hurricane modeling after the 2020 Census and the State legislature in HB 587 is currently proposing amending the Phase 2 evacuation from 24hrs to 30hrs (adding 6 hours of capacity to the site built permanent resident evacuation phase). While the results of the next Census is not known, using the results from the 2012 hurricane modeling, it is estimated the additional capacity of 6 hours equals approximately 7,538 additional residential units that could evacuate in phase 1. 2010 Census site -built units with full allocation for 10 years and all mobile homes (44,630 + 3,540 + 8,134) — Evacuating Units 31,939 27 hours All Units — Simultaneous Evacuation 2010 Census site -built units, hotels, mobile homes, Military 35 hours (44,630 + 13,665 units + 8,134 units + 2,025 vehicles) - Evacuating & 30 minutes Units 41,294 2010 Census site -built units with full allocation for 10 years with 1,248 mobile homes (projected conversion to site -built) [excludes 870 housing units sited on the NASKW] 24 hours (43,760 + 3,540 + 1,248) — Evacuating Units 27,297 Number of units divided by Results Evacuation Time 41294/35.5 1,163.21 31939/27 1,182.93 27297/24 1,137.38 Average of Units results Avg (1,163.21; 1,182.93; 1,137.38) 1,161.17 above Number of proposed hours 30 hours * 1,161.17 34,835.12 Average Units Possible increase in units changing from the 24 hour 34,835.12-27,297 7,538.12 evacuation time to 30 hours Staff is seeking direction on whether to begin the Comprehensive Plan amendment process to accept the 300 units. It should be noted that Cities of Islamorada, Marathon, and Key West have all amended their Comprehensive Plans to accept their 300 units and those amendments have been challenged and have been heard by an administrative law judge. The outcome is not known at this point. PREVIOUS RELEVANT BOCC ACTION: On June 13, 2018 at the State Cabinet meeting, the Florida Administration Commission approved the Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the initiative will work with DEO to amend their respective comprehensive plans to allow for additional building permits for rental workforce housing with the condition of early evacuation. Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting. On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018. On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting. On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the state's initiative that address several concerns raised related to the enforceability of the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent that would require the state to award as many as 10,000 additional units in the future. On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3) options for consideration by the BOCC: 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026; 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. On January 22, 2020, the BOCC directed staff to prepare an agenda item to discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to: 1) move a portion of market -rate Rate Of Growth Ordinance (ROGO) units to the affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model. On January 22, 2020, the BOCC voted to extend the remaining market rate ROGOs out for an additional three (3) years from 2023 to 2026. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends the BOCC discuss the item and provide appropriate direction to staff. DOCUMENTATION: AIS 5158 300 Units 4 Previous ROGO Quarters Evacuation_ Images Takings Claims Bill Whitepaper January 2020 300 units Policies_strikethrough_V2_02.19.2020 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: Grant: County Match: Insurance Required: N/A Additional Details: I k"IMAiI»11.", If yes, amount: Emily Schemper Completed Steve Williams Completed Maureen Proffitt Completed Assistant County Administrator Christine Hurley 01/31/2020 12:33 PM Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 01/29/2020 10:36 PM 01/31/2020 10:26 AM 01/31/2020 10:40 AM Completed 01/31/2020 3:38 PM 02/03/2020 10:12 AM 02/03/2020 3:14 PM 02/19/2020 9:00 AM County of Monroe BOARD OF COUNTY COMMISSIONERS ' Mayor Heather Carruthers, District 3 Mayor Pro Tem Michelle Coldiron, District 2 The Florida Keys Craig Cates, District 1 �, 2 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting January 30, 2019 Agenda Item Number: B.2 Agenda Item Summary #5153 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506 No AGENDA ITEM WORDING: Discussion and direction regarding the initiative by the State of Florida Administrative Commission to be administered through the Department of Economic Opportunity (DEO) for the Keys Workforce Housing Initiative to allow up to 1300 additional affordable housing allocations (up to 300 for unincorporated Monroe County) in Rate of Growth Ordinance Allocations (ROGO) for rental workforce housing, with a condition that developments that receive these ROGO allocations have a rental management agreement in place that requires rental occupants to evacuate in the early phase (48 hours in advance of tropical storm winds reaching the shore of the Florida Keys) of a hurricane evacuation. Currently transient units (hotels) and mobile home occupants are required to evacuate in the early phase of evacuation. ITEM BACKGROUND: On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative. The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a hurricane evacuation. Any development receiving the units would be required to sign a rental management agreement indicating they would be required to assure the evacuation of all occupants of the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these units. The BOCC only has permitting authority and jurisdiction over the unincorporated areas of the County so its decision is limited to up to 300 allocations for those areas. On June 13, 2018 at the State Cabinet meeting, the Florida Administration Commission approved the Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the initiative will work with DEO to amend their respective comprehensive plans to allow for additional building permits for rental workforce housing with the condition of early evacuation. DEO has provided County staff with preliminary draft language based on the minimum requirements established in the initiative to use as a starting point. The County should consider the language provided and make modifications as necessary to ensure the Workforce Housing Initiative is locally driven. The City of Marathon, the City of Key West and Islamorada, Village of Islands have all transmitted comprehensive plan amendments, consistent with accepting 300 units, to DEO and are currently under review. The City of Marathon's proposed amendment has been challenged. That case is scheduled to be heard on April 30 through May 3rd, 2019, in Marathon. The Florida Keys Area Protection Act requires that amendments to each local government's comprehensive plan to include "goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours." F.S. 380.0552(9)(a)2. In order to achieve this hurricane evacuation clearance time, the State Administration Commission modified the County's comprehensive plan, via administrative rule, to set an annual cap on ROGO allocations at 197 (71 of which must be used for affordable housing). F.A.C. 28-20.140(2)(b). Individual cities also received allocations. Consistent with the discussion item presented to the BOCC on September 19, 2018, staff drafted options to accept the 300 units. Options 2 and 3 include moving 300 existing market -rate allocations into the administrative relief pool to settle potential takings cases. If the BOCC directs staff to work on this, several other polices and code provisions may need amendment. Staff has drafted three (3) options for consideration by the BOCC: 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026; 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023 The tables below show the annual allocation, as well as, the breakdown for each subarea. For the purposes of discussion, staff has is presenting the options for both the Comprehensive Plan and LDC together. Current Tables for CP Policy 101.3.2 and Land Development Code Section 138-24: The County shall distribute ROGO allocations by ROGO year, as provided in the table below. Current Table for CP Policy 101.3.2: Annual Allocation ROGO Year Market rate Affordable 568 total AFH (total available immediately) July 13, 2018- July 12, 2019 126 July 13, 2019- July 12, 2020 126 July 13, 2020- July 12, 2021 126 July 13, 2021- July 12, 2022 126 July 13, 2022- July 12, 2023 126 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea. Sec. 138-24. Residential ROGO Allocations. (a) Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Subarea Number of Dwelling Units Upper Keys 61 Lower Keys 57 Big Pine and No Name Keys 8 Total market rate 126 A.fordable Dwelling Units Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing July 13, 2013- July 126 71 12, 2014 U: 61, L:57, BPK/NNK: 8 July 13, 2014- July 126 71 12, 2015 U: 61, L:57, BPK/NNK: 8 July 13, 2015- July 126 71 12, 2016 U: 61, L:57, BPK/NNK: 8 July 13, 2016- July 126 12, 2017 U: 61, L:57, BPK/NNK: 8 497 total AFH July 13, 2017- July 126 12, 2018 U: 61, L:57, BPK/NNK: 8 (total available immediately) July 13, 2018- July 126 12, 2019 U: 61, L:57, BPK/NNK: 8 July 13, 2019- July 126 12, 2020 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 126 12, 2021 U: 61, L:57, BPK/NNK: 8 July 13, 2021- July 126 12, 2022 U: 61, L:57, BPK/NNK: 8 July 13, 2022- July 126 12, 2023 U: 61, L:57, BPK/NNK: 8 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key No Name Key subarea Option 1: Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026. CP Policy 101.3.2 Annual Allocation ROGO Year Market rate Affordable 568 total AFH (total available immediately) July 13, 2018- July 12, 2019 126 July 13, 2019- July 12, 2020 126 July 13, 2020- July 12, 2021 4-��16 64 July 13, 2021- July 12, 2022 � 64 July 13, 2022- July 12, 2023 4-216 64 Julv 13, 2023- Julv 12,2024 62 Julv 13, 2024- Julv 12. 2025 62 July 13, 2025- July 12, 2026 62 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit (ITP) ending in 2023. Sec. 138-24. Residential ROGO Allocations. (a) Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Number of D elling Units Subarea ROGO Years: July 13, 2020- July 12, 2021 ROGO Years: July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 2024 1-3 - July 12, 2025 July 13, 2022- July 12, 2023 _L� July 13, 2025- July 12, 202 Upper Keys � 31 30 Lower Keys -5-729 28 Big Pine and No Name Keys -9 4 4 Total market rate 4,26 64 62 ordable Dwelling Units Aff Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing 497 total AFH (total available immediately) July 13, 2019- July 12, 2020 126 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 12, 2021 4Q6 64 U: � 31, L:-5-7 29, BPK/NNK: -9 4 July 13, 2021- July 12, 2022 4Q6 64 U: � 31, L:-5-7 29, BPK/NNK: -9 4 July 13, 2022- July 12,2023 4Q6 64 U: � 31, L:-5-7 29, BPK/NNK: -9 4 July 13, 2023- July 62 U: 30, L:28, BPK/NNK: 4 �122024 Jul 13 2a24- Jul 62 12, 2025 : 30:28 K: 4 July 13, 2025- July 62 : 30L:28 K: 4 12, 2026 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit ITP ending in 2023. *** Option 2: Accept l the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026. CP Policy 101.3.2 Annual Allocation Affordable Phase One Affordable ROGO Year Market Rate Housing Housing July 13, 2013- July 126 71 0 12, 2014 July 13, 2014- July 126 71 0 12, 2015 July 13, 2015- July 12, 2016 126 0 — July 13, 2016- July 126 0 12, 2017 — July 13, 2017- July 126 0 12, 2018 — July 13, 2018- July 126 0 12, 2019 — July 13, 2019- July 12, 2020 126 568 total AFH July 13, 2020- July � 14 (total available 12, 2021 � immediately) July 13, 2021- July 14 12, 2022 300** July 13, 2022- July 4-2613 12, 2023 Julv 13. 2023- July 13 12, 2024 July 13. 2024- July 13 12, 2a25 July 13. 2025- July 11 12, 2a26 710* 300** Total ,� 960 *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit (ITP) ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC Section 138-24. POA allocations shall be reserved and utilized for any developmen with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110 Article V Development Agreement Authorization. I Sec. 138-24. Residential ROGO Allocations. (a) Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Number of Dwelling Units Subarea ROGO Years: ROGO Years: July 13. 2022- Jul ROGO Years: July 13, 2020- July July 13, 2025- July 12, 2021 July 13, 2021- July 12, 2026 Julv 13, 2023- July 12, 2024 July 13, 2024- July 12, 2025 �122022 Upper Keys � 7 6 6 Lower Keys -5-76 6 5 Big Pine and No Name Keys 91 1 0 Total market rate � 14 13 11 ordable Aff Dwelling Units Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key through the Incidental Take Permit IT endi R in 2023. Phase One 300** Affordable DwLIlin_&Units "Limited to restrictions established hensive Plan Goal 109 and LDC Section 138- 24. Annual Allocation Affordable Phase One ROGO Year Market Rate Housing Affordable Hous 0 0 0 497 total ATH (total available immediately) 0 0 July 13, 2018- July 12,2019 126 U: 61, L:57, BPK/NNK: 8 0 July 13, 2019- July 12,2020 126 U: 61, L:57, BPK/NNK: 8 0 July 13, 2020- July 12,2021 4,26 14 U: � 71 L-5-7 6 BPK/NNK: -9 1 300 total POA July 13, 2021- July 12,2022 4Q6 14 U: 6-t 71 L-5-7 6, BPK/NNK: 9 1 July 13, 2022- July 12,2023 4,26 13 U: � 61 L-5-7 6, BPK/NNK: -9 1 July 13, 2023- July 13 U: 6, LA BPK/NNK: 1 �122024 July 13. 2024- July 13 U 6 L.6 BPK/NNK: I A total available immediately) �122025 July 13. 2025-july 11 U: 6, L: 5, BPK/NNK: 0 �122026 Total 4-,� 260 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea throw Rh the Incidental Take Permit (ITP) ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein. POA allocations shall be reserved and utilized for any development with two (2) o more affordable units and shall require a Development Agreement pursuant to ChapjgL_Ljj Article V Development Azreement Authorization, The POA workforce -affordable housing units built under this program shall: I. be multifamily structures consistin of attached dwellin units 2. be rental units; 3.Article V Develooment Agyeement Authorization 4. to Cade require at a minimum, adherence fig as i3ub7isheA b y:i��a Buil A P -Offlfffl- 5. not be placed in the V-Zone or within the Coastal Barrier Resource S stems- 6. require on -site property management, j- -4:r--A-I-I- 7. —ith lee-Honal densi-es 14 comply appligahle er-enq and fflukifffffl 5-4 4 8. incorporate sustainable and resilient design principles into the overall site desi, n; 9. ensure accessibility to employment centers and amenities, 10. require deed -restrictions ensuring a. the property remains workforce -affordable housing in perpetuity. . tenants evacuate during the period in which transient units are required to evacuate; rental agree ents contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction, to the resident, and . onsite property managers are formally trained in evacuation procedures. *** Option 3: Accept t the 300 early evacuation affordable ROGOs and o not extend ROGO beyond 2023. CP Policy 101.3.2 Annual Allocation Affordable Phase One Affordable ROGO Year Market Rate Housing Housing 0 0 568 total AFH 0 0 0 July 13, 2018- July 126 0 12, 2019 (total available — July 13, 2019- July 126 immediately) 0 12, 2020 July 13, 2020- July 472-6-27 12, 2021 300** July 13, 2021- July 472-6-27 12, 2022 July 13, 2022- July 12, 2023 42-6-24 Total ,� 960 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and LDC Section 138-24. POA allocations shall be reserved and utilized for anv develo ent with two (2) or more affordable units and shall require a Development Agreement pursuant tg_Chapter 110, Article V Development JaL!eement Authorization. Sec. 138-24. Residential ROGO Allocations. (a) Number of available annual residential ROGO allocations. The number of market rate residential ROGO allocations available in each subarea of the unincorporated county and the total number of affordable residential ROGO allocations available countywide shall be as follows: Number of Dwelling Units ROGO Years: Julv 13, 2020- Julv 12, 2021 Julv ROGO Years: 13, 2022- Julv 12, 2023 July 13, 2021- July 12, 2022 Subarea Upper Keys � 13 12 Lower Keys -5-712 11 Big Pine and No Name Keys 92 1 Total market rate 4,26 27 24 ,4f i .fordable Dwelling Units Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key. Phase One Affordable 300** DwellinR Units "Limited to restrictions established in Comprehensive Plan Goal 109 and LDC Section 138- 24. ROGO Year Annual Allocation Market Rate Affordable Housing Phase One Affordable Hous 0 0 0 497 total AFH (total available immediately) 0 0 July 13, 2018- July 126 12,2019 U: 61, L:57, BPK/NNK: 8 0 July 13, 2019- July 126 0 12,2020 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 4,26 27 12,2021 U: � 13, L-5-7 12 BPK/NNK: -9 2 300 total POA July 13, 2021- July 4Q6 27 AFU ktotal 12,2022 U: � 13, L-5-7 12, available BPK/NNK: 9 2 immedLiately) July 13, 2022- July 4,26 24 12,2023 U: � 12, L-5-7 11, BPK/NNK: -9 1 Total 4-,� 260 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea throw Rh the Incidental Take Permit (ITP) ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 109 and herein. POA allocations shall be reserved and utilized for any development with two (2) o more affordable units and shall require a Development Agreement pursuant to ChapjgL_Ljj Article V Development Azreement Authorization, The POA workforce -affordable housing units built under this program shall: 11. be multifamily structures coasistin of attached dwelling units- 12. be rental units; 13. rticle V Develooment 14. to 4., Cade require at a minimum, adherence —1— fig as i3ub7isheA b y:i��a Buil A P --- -Offlfffl- 15. not be placed in the V-Zone or within the Coastal Barrier Resource S stems- 16. require on -site property management, 17. AA'ith eompIv a-- hous�"-- —4- 18. incorporate sustainable and resilient design principles into the overall site design; ' 19. ensure accessibility toemployment centers and amenities, 20. require deed -restrictions enaqK!M L. the property remains workforce -affordable housing in perpetuity. b. tenants evacuate during the period in which transient units are required to evacuate, rental agree ents contain a separate disclosure requiring to acknowledge _renters that failure to adhere to the evacuation reguirement could result in severe penalties, including eviction, to the resident, and d. onsite rovertv managers are formally trained in evacuatign_2rocedures. 5-4 Additionally, Staff has drafted preliminary proposed language for a text amendment to the Comprehensive Plan and Land Development Regulations that would be required if the County chooses to accept the 300 units in the attached document. t luc___mu-nderli-n-e ---- sh-o-ws---- I anVL1119 th-at iscurrent] ---- J-n--_ process as a text arnendrnezat to the t o nprchczasrvc Plan azac azac... cycl pcnez t c c, s0 nc of i�r i is his been considered ti c BQCC. urple underline text shows indicates additions to existing text in the CP and LDC based on DEO recommended language. Purple wavy underline indicates modifications to DEO recommended tan -ua e. PREVIOUS RELEVANT BOCC ACTION: Mayor Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting. On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018. On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting. On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the state's initiative that address several concerns raised related to the enforceability of the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent that would require the state to award as many as 10,000 additional units in the future. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends Option 2 presented in this agenda item: extend the Rate of Growth Ordinance (ROGO) Allocation Distribution Schedule through 2026, and continue to pursue accepting 300 Workforce Housing ROGOs offered by the State; staff also recommends that the BOCC direct staff to not process the required Comprehensive Plan amendments until any challenges to local municipalities' Comprehensive Plan amendments are completed, so that the County can further study the issues raised. DOCUMENTATION: 300_ units _ Policies_strikethrough_01.15.19 WHITE PAPER build out land_acquisition_strategies_7_11_13 land acquisition request WHITE PAPER 10-17-13 acquisition table _v2 Military Buffer Acquisition FINAL 10-22-13 Presentation: Hurricane Sally Devastates the Florida Keys - News of the Near Future (003) 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: Grant: County Match: Insurance Required: Additional Details: I to] akyI I IH 11 i" If yes, amount: Emily Schemper Completed Assistant County Administrator Christine Hurley O1/16/2019 5:07 PM Bob Shillinger Completed Maureen Proffitt Skipped Steve Williams Skipped Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Completed O1/16/2019 3:03 PM Completed O1/16/2019 6:35 PM O1/16/2019 4:18 PM O1/16/2019 4:19 PM O1/17/2019 8:35 AM O1/17/2019 9:15 AM O1/17/2019 9:41 AM O1/30/2019 10:00 AM RESOLUTION #PO1-19 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING ROGO ALLOCATIONS FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING OCTOBER 13, 2018, AND ENDING JANUARY 14, 2019; ALLOWING ALL OTHER APPLICANTS TO ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated February 8, 2019 pursuant to the procedures outlined in Monroe County Code Section 138-26 and the 2030 Comprehensive Plan Policy 101.6.4; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on February 27, 2019, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 2, Year 27, from Emily Schemper, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated February 8, 2019; 2. The sworn testimony by the Monroe County Growth Management Division staff, and comments by John Wolfe, Esquire; and WHEREAS, the Public was given an opportunity to speak; and WHEREAS, based upon the evidence presented the Planning Commission makes the following Finding of Fact: The evaluation of the rankings is accurate as presented by the Sr. Planning Director of Planning. WHEREAS, the Planning Commission makes the following Conclusions of Law: 1. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Lower Keys subarea and the allocation for a Market Rate Dwelling Unit to applicants ranked one( 1) through thirteen (13); and Resolution P01-19 Page 1 of 3 2. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Lower Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 3. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2) subject to mitigation availability at the time of permitting ; and 4. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Upper Keys subarea and the allocations for a Market Rate Dwelling Unit to applicants ranked one ( 1) through fifteen (15); and 5. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 6. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve one (1) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 7. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 8. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve four (4) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units subject to mitigation availability at the time of permitting; and 9. The Planning Commission hereby accepts the recommendation by the Sr. Director of PIanning & Environmental Resources to approve eight (8) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units as amended by the Planning Commission subject to mitigation availability at the time of permitting; and Resolution PO1-19 Page 2 of 3 NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Lave support the decision to APPROVE the Residential Dwelling Unit allocation Rankings for Quarter 2, Year 27 as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 27th day of February 2019. Chairman 11erling Commissioner Wiatt Commissioner Miller Commissioner Scarlrelli Commissioner Convard Chairman Wolin Commissioner Wiatt Commissioner Miller Corrrrnissicrrrer Scar pelli C rrrrrrc.ssioner Coo and Market date Lower Keys Lower (AQm itciwi) Keys Big Pine/No Narnc Keys Upper Keys Upper (Adill R0110) Keys subarea subarea. subarea subarec3. ,subarea Yes Yes Yes Yes Yes y"S Yes Yes Yes Yes Yes Yes Yes Yes r6,S Yes Yes Yes Yes Yes Yes Yes Yes des Yes Affordable Housing Lower & Upper Keys subarea Yes yes Yes Yes Y ,s Planning Commission of Monroe County, Florida By _- Dense Werling, Chair , an. Signed this 27th day of February 2019. Ibis; PinelNo Nance Keys subarea yes ye Yes Yes Yes FILED WITH THE AGENCY CLERK Resolution PO 1-19 Page 3 of 3 (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N— snoinaad q :&uauagoe&&y a z 2 Z z O 2 N O z g °o O � o QN C07 pj U OZ¢ W �aao Z a V Q Z H N W m W F O 2 O j O O �aN wa¢ 13 W War Q y 6�x���AARRA�m adao000000000000 LLQa v> ooa000a00000 _ LL a o. a�> o 0 0 o a o 0 0 0 0 o c o Boa v. a aaaaaaaaaaaa oag � z 'z 'z 'z 'z 'z 'z - m�N z z z z z z oam 000a00000000 -qmm Z o 0 0 0 0 0 0 0 0 0 0 0 3 a o 0 0 0 0 0 0 0 0 0 0 0 mm o 0 0 0 0 0 0 0 0 0 0 0 0 3 m¢ a< a a v< a a v a a e v s s d o 0 0 0 0 0 0 0 0 0 0 0 0 as m3m o00000000000 3 Fr, 3�F E 0 00 o a m o o a o 0 0 0 0 4 " _ n w `o � O (9 c ¢ 0 0 � H ID 2 7 Ed w a o�sszx xc�mm mc� o i° U y E F `- L 9 m �Naaaa4N'?' - aL w _ m �D DO._ uiO c u c x E o � S ... c aES w U ® . . . . . . . . . . . . u & m W � aN ZN O W j a ¢O¢ d w CO a Ir km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3ejjV !); !\{ƒ; ;||® §; !§ \ \ } w ; 20 )* §(§i§/ : (si.un OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N- snoinaad q :&uauagoe&&y 0 N V ��� eeeeeeeeeeeee eeeeeeee air a ai mom _33zzzzzzzzzzz zzzz3'zz'z `oF i� = o ff a a a a¢¢¢¢ a a a a a a 3 0 0 o a a a as ...eeeeeeee a eeeeeeee -s$v eeeeeeeeeeeee eeeeeeee jw e e e e e e e e e e e e o o o o e e e eeeeeeee UUeeeeeeeeeeeee _ u i e e e e e e e e e e e 0 0 0 0 0 0 o e o e m a o 0 0 0 0 0 0 0 o 0 0 o e o 0 w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <s eeeeeeeeeeeee ..00000e w3 m o 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3:F m£ m o 0 0 0 0 0 0 0 0 0 0 0 0 o m o----- 3FF E 6 66 Amcd oo' 6 'da o 0.0 ro .00 v¢ m a -_ n 15 Am U :aO O a z q a a E a2 i m y N NaG e3�Or� m ¢miri��na E a - � a O O z z a 4? j w n O a u- �(g o UU Z Y U Z F O w m Z U'e(9 U 0 ®........ .. -=sm s km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3ejjV to \\{® \\\) /B ;]!« Eli !! \ / \{ ! |2 z\\)/\ )) } \\2 \\ , z \ \\\/\ \ E\ km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3elIV i \ \� / § \ }�� �- !i \\!!!{ / } / \� / - $! !! , § (s;iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N— snoinaad q :&uauagoe&&y a z Q C5 O z m Y Z o Q U N Q n !2 Z m cc O m m G 0 0 UO V U W J Z O Q Q z N ~ J W IL Y W m Q Z � J m Lu N C > Q Qcc ar Law Y N W cc a z O G Z IL `or> zz zz zz zz zz z 'z 'z 'z e� U u�a'y ago as d mg� z a¢ a z a¢ a e a o a e e e o a a a a e o a z e z z z z z z z z z z z z z oam om000m000mom000moom00000.. NZ 3 Q o 0 o a o 0 0 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 3 m m E o 0 o m o 0 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 o m o 0 o 0 o a o o .- .- o 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 ao o m o o o m o o m o o o o o 00 o o o o o m o o mo e=� ..00000m00000mammaoom00000.. J m 2 o 0 0 0 0 0 0 0 0 0 0 0 o e o 0 0 0 0 0 0 o a o o m o 0 o= a o 0 0 0 0 0 0 0 0 0 o m o o a o 0 0 0 0 0 0 0 0 0 0 m m m o 0 0 0 0 0 0 0 o m o 0 0 0 0 0 0 0 0 0 0 0 E¢ aE `Z 3:p qm o miommmom30000zzmzizzmmmm z m - p �O .0 a w E n€ ¢ aE E B B¢ o o_ x m¢¢ u¢ m¢€ m Y m m m m m m m m m m m m m m m m m E n 3 a n.N o 1 O¢ N N O r o u ry h H A_ Z y u m 3 0 n p° _"0000____iz ESE -`2= a h a m- , }}}}}j}}}}}}}}\} /$ j.j\.\ \\0p0E \4R RESOLUTION #P17-19 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING ROGO ALLOCATIONS FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JANUARY 15, 2019, AND ENDING APRIL 12, 2019; ALLOWING ALL OTHER APPLICANTS TO ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated May 10, 2019 pursuant to the procedures outlined in Monroe County Code Section 138-26 and the 2030 Comprehensive Plan Policy 101.6.4; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on May 29, 2019, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 3, Year 27, from Emily Schemper, Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated May 10, 2019; 2. The sworn testimony by the Monroe County Growth Management Division staff, and comments by Thomas Wright, Esquire; and WHEREAS, the Public was given an opportunity to speak; and WHEREAS, based upon the evidence presented the Planning Commission makes the following Finding of Fact: The evaluation of the rankings is accurate as presented by the Sr. Planning Director of Planning. WHEREAS, the Planning Commission makes the following Conclusions of Law: 1. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Lower Keys subarea and the allocation for a Market Rate Dwelling Unit to applicants ranked one ( 1) through twenty-one (21); and Resolution P17-19 Page 1 of 1 2. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Lower Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 3. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one and three subject to mitigation availability at the time of permitting ; and 4. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Upper Keys subarea and the allocations for a Market Rate Dwelling Unit to applicants ranked one( 1) through fifteen (15); and 5. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 6. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 7. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for 'the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 8. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units subject to mitigation availability at the time of permitting; and 9. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units as amended by the Planning Commission subject to mitigation availability at the time of permitting; and NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 3, Year 27 as submitted by the Sr. Director of Planning & Environmental Resources. Resolution P17-19 Page 2 of 2 PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 29th day of May 2019. Market Rate Big Pine/No Upper Keys Upper (Adm Reber) Keys subarea subarea subarea Chairman Werling Absent Absent Absent Commissioner Wiatt Yes Yes Yes Commissioner Miller Yes Yes Yes Commissioner Scarpelli Yes Yes Yes Commissioner Coward Yes Yes Yes Affordable Housing Big Pine/No Nance Keys subarea Chairman Werling Absent Commissioner- Wiatt Yes Commissioner Miller Yes Commissioner Scarpelli Yes Commissioner Coward Yes Lower Keys Lower (Ad 1 Reiiet) Keys subarea subarea Chairman Werling Absent Absent Commissioner Wiatt Yes Yes Commissioner Miller Yes Yes Commissioner Scarpelli Abstained Abstained Commissioner Coward Yes Yes Affordable Housing Lower & Upper Keys subarea Chairman Werling Absent Commissioner Wiatt Yes Commissioner Miller- Yes Commissioner Scarpelli Abstained Commissioner Coward Yes Planning Com iss' n of - Monroe,Co ty, orida By f %' William Wiatt, Vice -Chairman Signed this 29th day of May 2019. Resolution P17-19 Page 3 of 3 (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N- snoinaad q :&uauagoe&&y T O N J YIL z Q O Q N cc N p z 5 o O 2 N Q U O Z ¢ Q a aZz 2 F J Q CL Y O W Q Z f W w c Q 3oWp Q R N Fa¢ W Q w �aY W N S y Y W O o�, m mmmmmmmmmmmmmmNN Eo0 00000a000000..... aaa Y'v a000000 aoa00000000 dE LL 'aa da_ o000 oao 000000000000 o 3�rx NQo aaa¢aaaaa.¢a¢aa¢aaa¢a 33zzz3333zzzz zzzzzz3z a s�_- aaaaaaa¢aa¢aa ¢.aa¢aaaa m � �33333333�333��3�3333 aa¢¢a¢aa¢a aaaaaaaaaaz oa r ;o ... 0000000000ao. -WdNg o 0000000e ee �m ......000000000aooaao o0 000000a000.o UU -_mTa a e e e e o e a e e a n a e e a e e c eo a3«a<a m¢ caa«<a<aeaa -a& ��am o000000000a0000000aoo ¢� o 0 00000 0000.00 M3� 3�- o0 0 00000a0000aooaoo n3M H a o o o o o o a o o a o o o o o..... _ o qqo SF E J j = 8 Q _ E i $ ¢ rn E E Ev E Y u BEE E m a a ¢.¢¢nnad a E w o �Q E a m = ZEE _ _ _ 3 333. 333 _mv'i �2o - �.� - m- E m o oT z r r r EE E E x r 9 a m g- Ero - O ry w - 33>"m °1 chi Tx oo5LL m°r oo ovi' aoZ� FE 88 o E 880 ohm E a E . . . . • . . . . .. . . • _ ui km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3ellV (\)� \\{) ))� !))}; \ \ \} oo \ ! )K () }{ ~ ) \) \\ f ( (E - 12 r ) ) )o } _ \� / v\\\�\ �\ (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N- snoinaad q :&uauagoe&&y N s.... mmmm E LL aa= o o m m o m m o m o m o o o. ¢�a > Z Z Z¢ a Z Z Z.Z Z Z Z Z Z Z Z =a = e e e e e e e e e e e e o e e e o e e ->3: a e e e e e e e e e e e e e e e � v emeemmmeeeeeeeeeoe. m 0 0 0 o e o o e e e e o e e o 0 0 0 0 m¢ v v v v v v v v v v v v v v v a v< sao� os m m o 0 0 0 0 o m m m o 0 0 0 m in o 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 3r 3�F - B E v o o g yy 0 0 0 0 0 0 0 0 0 0 m m m m m a v m n 0 o 'o 0 go m - a a E m= E E rn x a Y a s 0 ¢ S O x S U> 0 a E m `m `m m m I A __ a a a¢ a¢<¢ d ¢ a n O AT oel E �v mJ ry co v JcmJ m x y J�a a,'J' - >m m E - a� = m aQ� o= E" r a U E -. - - .- .- - - - -. - - - � .- � � m '� � o a _ km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3ellV z * §/\ d02. 0z }�§\ ;eX jr m§ 2k2; L�\0 CA !); \\§: \\)( )(}< !|)° !\/!_ «/ Q !! 7! }\ { \! }; ;\)\) (/ - ][,:!{ ! k 0 0t : km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3elIV { { } { \\ \\ r F/ ;, ! \{!\! ! \\\{\ \} )\}\ts . }o01. J - _� ]# ; 462 9 (s;iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua arrow :aa uoa&oaaip pue uoassnosia) saa;aen0 000N- snoinaad q :&uauagoe&&y O N J d Q O z Y O N Q (n r m U y ❑ma Q U Z 00.1 p Z Q � w z a a Qz FF--d W n Cc W n>y Q CCN a C n e w n7 g w z � Z O w z m m I �o� z zzzz o0o z o `z=zzzzz��z�zz zz��z��zzzzzz R � rN oa'y o 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o o o 0 rE o�. �. ., ����.�00000000000000nonnon ,. Si n z o 0 o z o z z z 3 r o 0 o z o 30 6 < d d d a s a a a Q s s s Q¢ s _ __ - - - _ o< Q z a a a E s E a K -- -.- - - - - -- (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) sia;aen0 000N— snoinaad q :&uauagoe&&y H m N z z J Y z a ¢ a z O m U z N O N J N Y a � G H o 7 U Q 2 z J z W oa¢ J W � a?a W m cr C O a W ¢ O r , m¢ ; zaY . Q y 0 w W =ate a J z a0 O inz R o az LL a z a m „Qar z z 5 z z z z z z z z z 3 z 3 z 3 3 z LL� a_ 0............. - Q .......... 0000 3v................ o000000000000000 m¢ say _ a o 0 o 0 0 0 0 0 0 sa jo 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 v E m3� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 o a o 0 0 0 0 0 0 0 3 F _ E F~ m o o a o 0 0 0 0 0 0 0 0 0 0 0 0 _ 3 O 's o z V 00 O O O 00 O O o O o O O O O 0 o m o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 6 m w w w d d d 6 6 6 6:2 o 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 .E m C E V m ,y ti .i N ti N r m a m ry N ry ti E _0 0 0 0 0 0a 0 0 0 0 0 0 0 Z 2 z z Z z Z E m E E vi m m m ,2 � m m �., m �' o o - v - E E v F2w fi - - - - - - z z J c 0p 6q W m m m m E-p . m 3 9 0 0 n O O J o y o- o Q Q= O O O O _ E m m a o G O O g _ a U E E m r m m m f RESOLUTION #P36-19 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING ROGO ALLOCATIONS FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING APRIL 13, 2019, AND ENDING JULY 12, 2019; ALLOWING ALL OTHER APPLICANTS TO ROLLOVER TO THE NEXT REGULAR QUARTERLY EVALUATION PURSUANT TO SECTION 138-26 OF THE MONROE COUNTY CODE WHEREAS, the Sr. Director of Planning. & Environmental Resources submitted to the Planning Commission a Residential Dwelling Unit Allocation Evaluation Report, dated July 17, 2019 pursuant to the procedures outlined in Monroe County Code Section 138-26 and the 2030 Comprehensive Plan Policy 101.6.4; and WHEREAS, the Monroe County Planning Commission during a regular public meeting held on August 28, 2019, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence: 1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 4, Year 27, from Cheryl Cioffari, Acting Sr. Director of Planning & Environmental Resources, to the Monroe County Planning Commission, dated July 17, 2019; 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments by John Wolfe, Esquire; and WHEREAS, the Public was given an opportunity to speak; and WHEREAS, based upon the evidence presented the Planning Commission makes the following Finding of Fact: The evaluation of the rankings is accurate as presented by the Development Adiminstrator. WHEREAS, the Planning Commission makes the following Conclusions of Law: 1. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Lower Keys subarea and the allocation for a Market Rate Dwelling Unit to applicants ranked one ( 1) through sixteen (16); and Resolution P36-19 Page I of 3 2. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Lower Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 3. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked two and three subject to mitigation availability at the time of permitting ; and 4. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Upper Keys subarea and the allocations for a Market Rate Dwelling Unit to applicants ranked one ( 1) through fourteen (14); and 5. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Upper Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 6. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 7. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and 8. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units subject to mitigation availability at the time of permitting; and 9. The Planning Commission hereby accepts the recommendation by the Acting Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units as amended by the Planning Commission subject to mitigation availability at the time of permitting; and Resolution P36-19 Page 2 of 3 NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law t� support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter C� 4, Year 27 as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a regular meeting held on the 28th day of August 2019. Chairman TWrling Commissioner wiatt Commissioner Miller Commissioner Scarl)e1h COMMiSSiO77er Coward chair-177'(111 werling Commissioner Wiatt Coll 1171iss i0l I er Miller Commissioner Scarl)elli Commissioner Coward Market Rate Lower Keys Lower (Adm Ruiiei) Keys Big Pine/No Name Keys Upper Keys Upper (AdIll wli,f) Keys subarea subarea subarea subarea subarea Yes Yes )'es Yes Yes Yes Yes Yes Yes Yes Yes Ye S Yes Yes Yes Abstained Abstained Abstained Abstained A bb —Sf q -11 —Ie d Yes Yes Yes Yes Y 5 Affordable Housing Lower & Upper Keys subarea Yes Yes Yes Abstained Yes Planning Commission of Monroe C n y, Florida B :-- rl- I'll, .............. ..... ....... .... Denise Werling, Chairman 41 Signed this 28th day of August 2019. Z=1 Monroe County =0 Bk) Pine/No Name Keys subarea Yes Yes Yes Abstained Ye.s 'LZE AGUII - A My COMMISSION # GG 04:70b4 W ,EXPIRES. October 3 1� an h nded Thru No" Pum Undwwftm W'y 11, ILZEAGUILA My COMMISSION # GG 043704 EXPIR'ES: October 31,2020 LL11, Id T No b nd , i 611` a5_ NOTARY PUV C, STATE OF FLORIDA ng Commission Attorney -d..AsTo Form J"Wo FILED W�Tli THE A -j 2019 AGENC�Y CLERK Resolution P36-19 Page 3 of 3 (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N— snoinaad q :&uauagoe&&y H N cli z_ J Y Q A � N F z on. N 2 o M ® J W Z J Q � Z d Y W CC i h 8 H < > W d a>N ¢cca 0-z Q } W C3 U s > W W ¢ Y cc 0 J E 00o vg ±i F - E o o o I-QF w � E v E c E _ EE m E E u E ¢Sa Q a E Q:Q a Q O QQSSS E to O:Y O u E- i - - - - j Q U (s;iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N— snoinaad q :&uauagoe&&y H cc (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N- snoinaad q :&uauagoe&&y H fr TD - m� 0 0„ U � o0000 - a s a`z a z caa z a z z z z s a a a 3a 5.as as aaaa a as a� z� 3 Z 3� 3� 3..� � �..Z 23 3 o o 0 0 0 0 c o 0 o a o �F 66668888.8 84�5.6 66.� 86 66 o w z = � E _ _ _ c E E ✓� E E 3¢ a 0 L O in a a x — — _ _ E O 4� E i km OuisnOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. :IuOwLj3ejjV /{{}> } \\\ (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua anoua :aa uoa&oaaip pue uoassnosia) saa;aen0 000N— snoinaad q :&uauagoe&&y d Q m (s}iun OuisnOH aoaojMjoM OOS pue algepao;;e o& s&iun a&ea 10MA ua arrow :aa uoa&oaaip pue uoassnosia) saa;aen0 000N- snoinaad q :&uauagoe&&y Z Y Z O Z ® N Z C O E C ® Q 0Ua Z Q Z S Z 0. M O W O C7S � J m Q W O > Q EL Y Z EL Y Q �00 rr W Z O O z Z a m y = ry z ao3 z33z ooao z o a_ o.=ooc0000000000000000 -------------------------- asQQQaQQoeo�QooQe�ooQeao - - - - - - - - - - - - - - - - E o o c o 0 0 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 w D E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c o 0 E — 1- d6 b a a E - L E - E -- - 2<< & o - -<= o 0 0 0 o c o 0 0 0 w o 0 o c 55 m m r m km Ou!snOH aojojMjoM OOC memo m 9a _ m.m _u a m meme_2 _•ram a owse. , uL]Oe m \\\\\\\\\\\\\\\\ \ \\ \\ j { iU A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION APPROVING ROGO ALLOCATIONS FOR THE RESIDENTIAL DWELLING UNIT ALLOCATION QUARTER BEGINNING JULY 13, 2019, AND ENDING i i' 15, 0 • ; ALLOWING ALL OTHER APPLICANTS! !O QUARTERLYNEXT REGULAR EVALUATION PURSUANT OMONROE COUNTY CODE WHEREAS, the Sr. Director of Planning & Environmental Resources submitted to the Planning Commission • Residential Dwelling Unit Allocati! r • Report, dated November 5, 2019 Comprehensivepursuant to the procedures outlined in Monroe County Code Section 138-26 and the 2030 1 • WHEREAS, the Monroe County Planning Commission during a regular public meeting held on November 19, 2019, conducted a public hearing to review, discuss, and make formal motions regarding the Dwelling Unit Allocation Ranking Report; and WHEREAS, the Planning Commission was presented with the following evidence.. Planning1. The memorandum entitled Residential Dwelling Unit Evaluation Report, Quarter 1, Year 2: from Emily Schemper, Sr. Director of + Environmental Resources, County Planning Commission, dated November 5, 2019; 1 2. The sworn testimony by the Monroe County Growth Management Division staff; and comments by John Wolfe, Esquire; and WHEREAS, based upon the evidence presented the Planning Commission makes the following Finding of Fact: The evaluation of the rankings is accurate as presented by the Development Administrator. WHEREAS, the Planning Commission makes the following Conclusions of Law. 1. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental resources to approve Allocation Rankings in the Lower Keys subarea and the allocation for a Market bate Dwelling Unit to applicants ranked one ( 1) through fourteen (14); and Resolution 4-19 Page 1 of 3 . The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve .Allocation Rankings in the Lower Keys (Administrative Relief) subarea for Market Rate Dwelling Units to zero (0) applicants; and 3. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Big Pine/No Name Key subarea for Market Rate Dwelling Units to applicants ranked one (1) through two (2) subject to mitigation availability at the time of permitting; and 4. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation rankings in the Upper Keys subarea and the allocations for a Market Rate Dwelling Unit to applicants ranked one( 1) through fifteen (15); and 5. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve Allocation Rankings in the Tapper Keys (Administrative relief) subarea for Market rate Dwelling Units to zero (0) applicants; and . The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Enviromnental Resources to approve zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units; and 7. The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental resources to approve zero (0) Allocation Rankings for the Lower and Upper Keys subarea in the moderate income category for Affordable Housing Dwelling Units; and . The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental Resources to approve zero (0) Allocation Rankings for the Big PinclNo Name Keys subarea in the very low, low, & median income category for Affordable Housing Dwelling Units subject to mitigation availability at the time of permitting; and . The Planning Commission hereby accepts the recommendation by the Sr. Director of Planning & Environmental resources to approve zero (0) Allocation Rankings for the Big Pine/No Name Keys subarea in the moderate income category for Affordable Housing Dwelling Units as amended by the Planning Commission subject to mitigation availability at the time of permitting; and Resolution P43-19 Page 2 of 3 NOW THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support the decision to APPROVE the Residential Dwelling Unit Allocation Rankings for Quarter 1, Year 28 as submitted by the Sr. Director of Planning & Environmental Resources. PASSED AND ADOPTED y the Planning Commission of Monroe County, Florida, at a regular muting held on the 1 th day of November 2019. Chairman Werling Commissioner Wialt Commissioner iWiller Commissioner Scarpelli Commissioner Cori and Chairman (t'erling Commissioner lViall Commissioner .1filler Commissioner Scarpelli Commissioner Coivard Market Rate Lower Keys Lower (Ad. Reiief) Keys Big Pine:/No Narne Keys Upper Keys Upper (Adm. Relief) Keys subarea subarea subarea subarea subarea )'es Yes Yes a )'es Yes Yes }`es iia Yes }es Yes Yes Yes Yes Atwained Abstained Abstained Abstained jbstained e � Yes Yes Yes Yes Affordable Housing Lower & hipper Kees subarea Yes )'es iks Abstained Yes Planning Commission of Monroe Coup yf Florida f By Denise Werling, Chain -an. Signed this 19 day of November 2019. Big Pine/No Name Keys subarea S Yes Yes Ahstained Yes FILEDIT THE AGENCY CLERK NOTARY PUBIC, STATE OF FLORIDA Monroe County Planning Commission Attorney Approve As To Form Afe M'. Y HVa1 r L` ' E AGUILA my COMMISSION 9 GG 043704 * #' EXPIRES: October 31, 2020 ; c,Bonder! 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E CL . . ................... . E 4, M 00 E 0 E M V, m > r, 41 LU 0 0 4' 0 MONROE COUNTY THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN The Florida Keys are designated as an Area of Critical State Concern (ACSC) by the State Legislature, pursuant to F.S. 380.05. This designation gives the State oversight authority over development in the Florida Keys and limits the number of residential housing permits that Monroe County and its municipalities may issue each year. The State imposes these growth restrictions in order to provide for the safety of residents in the event of a hurricane evacuation and to protect the significant natural resources. As a direct result of State's legislative and administrative growth restriction mandates, the County and municipalities have adopted local ordinances such as Rate of Growth Ordinance (ROGO) to fairly and competitively allocate the limited number of permits. The most recent hurricane modeling completed in 2012 by the Department of Economic Opportunity (DEO), pursuant to Rule 28-20.140, F.A.C., found that no more than 10 more years' worth of building permits (a maximum of 3,550 permits) shall be issued for the Florida Keys without exceeding the statutory maximum allowed 24-hour evacuation clearance. In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the recommendation to allocate no more than 3,550 building permits. To date, a total 2,129 permits of the 3,550 permits have been allocated, and 1,421 remain to be allocated. The Florida Keys are fast approaching "buildout," at which point additional permits may not be allocated by the State. The State of Florida and the local governments of the Florida Keys may face significant liability because the number of undeveloped, privately -owned parcels in the Florida Keys ACSC far exceeds the remaining permit allocations, leaving property owners without rights to build on their properties, as demonstrated in Table 1. Table 1: 2018 Inventory of Privately-Owned,Vacant Parcels in Florida Keys and Approximate Land Value AREA 2018 NUMBER OF VACANT PARCELS 2018 AVERAGE PARCEL VALUE 2018 APPROXIMATE LAND VALUE* Key West ACSC 133 $397,235 $ 52,832,202 Unincorporated MC 7,033 $ 85,858 $603,840,749 Marathon 1,349 $100,481 $135,548,863 Layton 24 $123,928 $ 2,974,267 Key Colony Beach 81 $347,988 $ 28,187,020 Islamorada 1,070 $158,061 $169,125,630 TOTAL PARCELS 9,690 $102,426 $992,508,731 TOTAL REMAINING ALLOCATIONS 1,421 PARCELS TO PURCHASE AFTER ALLOCATIONS 8,269 $102,426 $846,961,269 * Using December 2018 Monroe County Property Appraiser data The State -imposed growth limits have already prompted a number of inverse condemnation and other property rights related suits when those property owners have been unable to obtain permits to build on undeveloped lots. Since 2005, Monroe County and the State of Florida have been jointly defending multiple takings cases. The State and the City of Marathon operated under a similar partnership in the two cases where that City was named as a defendant along with the State. This partnership provides for mutual litigation support and cooperation in exchange for an understanding that each entity would bear half of any liability imposed. The alternative to the joint defense of these cases would be for the State and the local governments to both expend public resource litigating against each other over the issue of apportionment, which would cause both unnecessary expense to the taxpayer and delay the property owner's receipt of full compensation. Such litigation between the State and County would severely undermine the cooperative approach taken to date which has resulted in successful defenses in twenty-six (26) of the twenty-eight (28) claims. In the two cases where liability was found, the joint defense partnership resulted in much lower damage awards than the property owners were seeking. In both cases, the Trial Court imposed the liability jointly and severally against both the State and the County, leaving both entities responsible for the full payment of the judgment. With joint and several liability and given the State's lengthy appropriations process, Florida Keys' property owners who obtain inverse condemnation and other property -rights related compensation awards may not have their awards timely paid due to delays in the State's lengthy and onerous appropriations process. For local governments, this might mean an undue burden of being sued for the entirety of the judgment, or having to pay accruing interest. 21 P e M oiiroe C` or71i(t' I c,c c Nr- A RY 2020 1) STATE LAND ACQUISITION EFFORTS (via Florida Keys Stewardship Act and Florida Forever): Land acquisition is a key strategy to reduce the future takings liability. Recognizing this, the State legislature passed the Florida Keys Stewardship Act in 2016 authorizing $5M a year (for 10 years for a total of $50M) for land acquisition in the Florida Keys under the State's primary land buying program, the Florida Forever Program. Since 2016, with the passage of the Stewardship Act, Florida DEP/DSL has spent/encumbered $3.28M, retiring 68.82 development rights. State DSL should aggressively pursue land acquisition in the Florida Keys because: Table 2: Analysis of Privately-Owned,Vacant Parcels Within Florida Forever Projects in the Florida Keys WITHIN THE FLORIDA FOREVER BOUNDARY NOT WITHIN THE FLORIDA FOREVER TOTAL COMBINED AREA NO. OF PARCELS 2018 AVERAGE PARCEL VALUE 2018 APPROX TOTAL LAND VALUE NO. OF PARCELS 2018 AVERAGE PARCEL VALUE 2018 APPROX TOTALLAND VALUE NO. OF PARCELS 2018 APPROX TOTAL LAND VALUE Key West 0 $0 $0 133 $397,235 $52,832,202 133 $52,832,202 Unincorp MC 3,039 $14,348 $43,603,716 3,994 $140,270 $560,237,033 7,033 $603,840,749 Marathon 414 $10,948 $4,532,519 935 $140,124 $131,016,344 1,349 $135,548,863 Layton 4 $98 $392 20 $148,694 $2,973,875 24 $2,974,267 Key Colony 0 $0 $0 81 $347,988 $28,187,020 81 $28,187,020 Islamorada 77 $202,710 $15,608,696 993 $154,599 $153,516,934 1,070 $169,125,630 3,534 $18,038 $63,745,323 6,156 $150,871 $928,763,408 9,690 $992,508,731 Allocations to be applied 1,421 After allocations 8,269 $846,961,269 2) COUNTY LAND ACQUISITION STRATEGIES AND COMMITMENT: A) Local Land Acquisition Program: Monroe County Board of County Commissioners implemented a land acquisition program to supplement the long standing efforts of the Monroe County Land Authority and those of the State of Florida. Since passage of the Stewardship Act, Monroe County and the Monroe County Land Authority and have budgeted over $19.5M for land acquisition and spent/encumbered to date $10.2M, retiring 203.76 development rights. (County budgeted funds from its infrastructure sales tax fund.) B) Two willing seller programs to retire development rights have been implemented by Monroe County: • Density Reduction Lot acquisition program: Residential property owners sell parcels with development rights to the County. Density Reduction Lots may later be offered for sale with a deed restriction to prohibit the development of the property with new housing units. The revenue derived from the sale of these deed restricted properties can help replenish the funds necessary to retire more development rights. • Less Than Fee acquisition program: Residential property owners that own an adjacent vacant property may sell the development right on that vacant property to the County in exchange for legally allowed accessory uses on the adjacent parcel such as a pool, open yard or garage (and they retain ownership.) There are about 700 parcels in this category. 31 P e M oiiroe C` or71:(t' I c,c c Nr- A R' 2020 C) County policies that help transition land into public ownership and incentivize development that eliminates privately owned vacant parcels: • Incentivize Dedication of Land — County adopted an amendment to encourage additional land dedication by providing additional points in ROGO/NROGO. • Discouragement Policy — County adopted an amendment to discourage private applications for FLUM amendments that increase density and intensity, as required by Rule 28-20.140, F.A.C., unless mitigated by providing land (acreage or Improved Subdivision [IS] parcels) to the County. • Created Commercial FLUM category (no residential component) - County adopted an amendment to provide options to re -designate property for other nonresidential uses (Provides alternative uses of property). • Revised NROGO to make the process simpler and encourage nonresidential redevelopment and development. Created the NROGO banks of untilized floor area to make NROGO easier to award. • Revised Lot Aggregation to encourage additional aggregation by increasing points awarded in ROGO. • Revised Land Dedication in ROGO to provide additional points and options for dedicating land to the County. • Revised transfer procedure for ROGO exemptions to provide the ability to transfer a market rate unit from one location to another with the provision of affordable housing. • Adopted an Interim Development Ordinance limiting the transfer of market rate ROGO exemptions to single-family residential legally platted lots (dispersing development rights and not grouping multiple development rights on a single property). • Adopted land acquisition priorities (Policy 102.4.2) to balance growth management, habitat protection, retirement of development rights, reduction of density & intensity, future build -out of the Florida Keys, climate change, sea level rise, affordable housing, etc. Contacts: • Roman Gastesi, County Administrator, 305-292-4441, gastesi-roman fmonrocounty fl.gov • Bob Shillinger, County Attorney, 305-292-3470, shillinger-bobfmonrocounty fl.gov • Christine Hurley, Assistant County Administrator, 305-289-2517, hurley-christine f monrocounty fl.gov • Lisa Tennyson, Legislative Affairs Director, 305-292-4444, tnnyson-lira f monrocounty fl.gov 41 P e M o n roe Cor7n(t' 1�c,c c' ,c Nr- A RY 2020 300 Early Evacuation Workforce/Affordable ROGO Units Purple underline text shows indicates additions to existing text in the CP and LDC based on DEQ recommended language. Purple wi le underline indicates oifications to O recomended langua e. Objective 101.2 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted between the County and all the municipalities and the State agencies. Policy 101.2.1 Monroe County shall maintain a memorandum o Agency, Division of Emergency Management, T*v Beach, and Layton to stipulate, based on profess]' variables and assumptions, including regional con! Emergency Management's (DEM) Transportation Model to accurately depict evacuation clearance ti F understanding with the State Land Planning [arathon, Islamorada, Key West, Key Colony onally acceptable data and analysis, the input ,iderations, for utilizing the Florida Division of Interface for Modeling Evacuations ("TIME") nes for the population of the Florida Keys. Policy 101.2.2 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and Division of Emergency Management to update the variables and assumptions for the evacuation clearance time modeling and analyses of the build -out capacity of the Florida Keys Area of Critical State Concern based upon the release of the decennial Census data. Pursuant to the 2012 completed hurricane evacuation clearance time modeling by the State Land Planning Agency, which incorporates the 20 10 Census data, the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours. The County will adopt a slower rate of annual allocations for market rate development to extend the allocation timeframe to 2033 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency Management; and 3) a new or revised memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach and Layton (see Policy 101.2.1). Notwithstanding the foregoing and Policy 101.3.2, Monroe County shall establish a new limited category (Phase One Affordable "POA") for 300 workforce -affordable building permit allocations to participate in the Workforce -Affordable Housing Initiative pursuant to Goal 110. These POA allocations are in addition to the maximum allocations identified in Rules 28-4-8-20, Florida Administrative Code. 300 Units Str4kethatigh/underline Page I of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units Objective 101.3 Monroe County shall regulate new residential development based upon the 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. Policy 101.3.1 Monroe County shall maintain a Permit Allocation System for new residential development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit the number of permits issued for new residential dwelling units The ROGO allocation system shall apply within the unincorporated area of the county, excluding areas within the county mainland and within the Ocean Reef planned development (Futuredevelopment in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department of Community Affairs). New residential dwelling units included in the ROGO allocation system include the following: affordable housing units; market rate dwelling units; mobile homes; and institutional residential units (except hospital rooms). Vessels are expressly excluded from the allocati< location, and therefore cannot be accounted for in no circumstances shall a vessel, ''incl transferred upland or converted to a dwe are not considered ROGO allocation a ROGO exemption or THE (Transfer of or motel; campground spaces; transient to Policy 101.3.5. Policy 101.3.2 The number of permits issue shall not exceed a total of 1,1 12, 2023, plus any available year means the twelve-mon1 exceed 126 residential units Administrative Relief. vessels do not occupy a distinct ricane evacuation model. Under live -aboard vessels, or associated wet slips be ut of any other type. Vessels or associated wet slips and may not be used as the basis for any type of i Exemption). ROGO Allocations for rooms, hotel tial units; and seasonal residential units are subject iellina units under the Rate of Growth Ordinance new allocations for the time period of July 13, 2013 through July used ROGO allocations from a previous ROGO year. A ROGO eriod beginning on July 13. Market rate allocations shall not to . vear. Unused allocations for market rate shall be available for In 2012, pursuant to Rule28-20.140, F.A.C., the Department of Economic Opportunity completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time. This creates challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III -A (SPA); 3,301 Tier III, and 235 No Tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. In recognition of the possibility that the inventory of vacant parcels exceeds the total number of allocations which the State will allow the County to award, the County will consider adopting an extended timeframe for distribution of the ROGO allocations through 2033 with committed financial support from its State and Federal partners. This timeframe can provide a safety net to 300 Units Str4 ,thing /underline Page 2 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units the County and provide additional time to implement land acquisition and other strategies to reduce the demand for ROGO allocations and help transition land into public ownership. The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations over a 10 year timeframe. If substantial financial support is provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations (through a comprehensive plan amendment). Further, the State and County shall develop a mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an active role both directly and financially in the defense of such cases. Administrative Code. The POA workforce -affordable 1. be multifamilv structure 2. be rental units; 3. reeuire a DevelODMent 8. 9. 10. 15TWISMOR 16MM11 rR 1 es into the overall site desi d. onsite property managers are formally trained in evacuation procedures. The County shall distribute ROGO allocations by ROGO year, as provided in the table below. Table for CP Policy 101.3.2 (pending effective date following adoption at 1/22/2020 BOCC Mtg.): 300 Units Str4 ethatig /underline Page 3 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units Annual Allocation ROGO Year Market rate Affordable 568 total AFH (total available immediately) July 13, 2019- July 12, 2020 126 July 13, 2020- July 12, 2021 4,26 64 July 13, 2021- July 12, 2022 42464 July 13, 2022- July 12, 2023 4Q6 64 July 13, 2023- July 12, 2024 62 July 13, 2024- July 12, 2025 62 July 13, 2025- July 12, 2026 62 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the IncidentalTake Permit ITP ending` in 2023. Option: Accept the 300 early evacuation affordable ROGOs. Annual Allocation ROGO Year Market Rate Affordable Phase One Affordable Housing I HousingInitiative 300 Units Str4 ,than, /underline Page 4 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2019- July 126 12, 2020 July 13, 2020- July 4,2§ 64 12, 2021 July 13, 2021- July 4,26 64 12, 2022 July 13, 2022- July 64 12, 2023 300 ** July 13, 2023- July �§ 64 12, 2024 July 13, 2024- July 62 12. 2025 July 13, 2025- July I 62 12. 2026 Total 1 1,260 1 710* 1 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea 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 Policy101.6.4, 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 III A Special Protection Area as set forth in Policy 205.1.1. Notwithstanding the foregoing, and notwithstanding Policy 101.6.2, affordable housing ROGO allocations may be awarded to Tier I or Tier III -A properties which meet all of the following criteria: 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC Section 138-22(a) and is determined to be exempt from ROGO; 300 Units Str4 ,than, /underline Page 5 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units 2. The proposed replacement affordable dwelling unit meets current Florida Building Code and is not a mobile home; 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99 years as affordable housing pursuant to the standards of the Land Development Code; and 4. The proposed site plan for the replacement affordable dwelling unit does not propose any additional clearing of habitat. Policy 101.3.4 The Permit Allocation System (or Rate of Growth Ordinance shall specify procedures for: 1. establishing the annual number of permits for new resid next ROGO year based upon, but not limited to the foil+ a. expired allocations and building permits in prev new residential development tial units to be issued during the b. allocations available, but not allocated in previous ye; c. number of allocations borrowed from future quarters; d. vested allocations; e. modifications required or provided by, Administ f. modifications required or provided by this plan 380, Florida Statutes; and g. receipt or transfer of affordable housing agreement; and h. receipt or transfer of allocations pursuant to Clearance Time Memorandum of Understandint 2. allocation of affordable and market 3. timing of the ac issuance of permi Policy 101.3.5 Due to the limited numb maximum nurricane evacuaio transient residential allocations a recreational vehicle or travel entitled ROGO exemption. (Or on Commission Rules; agreement pursuant to Chapter locations by intergovernmental 2012 Hurricane Evacuation with Policy 101.3.3 ications, evaluation and scoring of applications, and ztial development during the calendar year. ,ations_and the State's requirement that the County maintain a earance time of 24 hours, Monroe County shall prohibit new hotel or motel rooms, campground spaces, or spaces for parking er until May 2022. Lawfully established transient units shall be trice 024-2011) Policy 101.3.6 All public and institutional uses (except hospital rooms) that predominately serve the County's non -transient population and which house temporary residents shall be subject to the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. 300 Units Str4 ,than, /underline Page 6 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units Policy 101.3.7 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation System, for temporary occupancy by residents displaced by natural or manmade disaster damage; or for relief workers involved in reconstruction activities. Temporary emergency housing may be permitted subject to the following: • Temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such units are provided to residents and relief workers as part of emergency relief efforts. • Building permits for temporary emergency housing for displaced residents on single family parcels shall be limited to one recreational vehicle (or similar approved sheltering unit) per lot, and occupancy shall not exceed180 days, unless an extension of up to an additional 180 days is granted by the building official. • Building permits for temporary emergency housing for displaced residents on nonresidential or mixed use sites shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official • Approval by the Board of County placement and duration of temj required. Occupancy of temporai the duration specified by the BO( of the BOCC by an additional re ,CC) of a resolution authorizing the )using for relief workers shall be for relief workers shall not exceed y only be extended at the discretion Policy 101.3.8 Monroe County may, permit temporary non -emergency housing, not subject to the Permit Allocation System, for temporary occupancy'; by workers undertaking a long-term capital improvement project to provide site security for the capital improvement project site; or to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties. Temporary non -emergency housing may be permitted subject to the following: • Temporary non -emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy by employees in order to provide project site security for a long-term capital improvement project or to avoid delay in completing ongoing or future airport safety and capacity improvements. • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the placement of a temporary non -emergency housing unit to provide site security for a capital improvement project shall be required. The BOCC resolution shall specify the location (placement of the unit at the project site) and the duration of the temporary housing unit, not to exceed 180 days. No more than one (1) temporary non -emergency housing unit shall be approved per project site. Occupancy may only be extended at the discretion of the BOCC by an additional resolution. When considering such placement, 300 Units Str4 ethatig /underline Page 7 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units the BOCC shall take into account the number of times a parcel has been used for temporary non -emergency housing purposes for capital improvement projects and shall consider compatibility, complications, public comment and other circumstances that may require a site to be utilized for more than 365 consecutive days. • Occupancy of temporary non -emergency housing necessary to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties shall not exceed 30 days after the completion of the associated project, unless an extension is granted by the BOCC. For all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization, the temporary housing shall be removed. Policy 101.3.9 For those ROGO applications and properties which have not received a ROGO award for four consecutive years and have applied for administrative relief, which are designated Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding for such is available. Refusal of the purchase offer shall not be grounds for granting a ROGO award. Policy 101.3.10 Notwithstanding any other provision of the Plan, ROGO projects may be pooled and transferred between ROGO Keys ROGO subarea, and between local government jui Critical State Concern (ACSC). ,Any such transfer betw( accomplished through an interlocal agreement between local governments. allocations utilized for affordable housing zbareas, excluding the Big Pine/No Name sdictions within the Florida Keys Area of -In local government jurisdictions must be he sending and receiving Policy 101.3.11 Monroe County may receive additional building permit allocations pursuant to the 2012 completed hurricane evacuation clearance time modeling and allocation recommendations by the State Land Planning Agency and the Administration Commission's direction that the City of Key West would transfer annually (by July 15th) any remaining unused allocations for that year to the other Florida Keys' local governments based upon the local governments' ratio of vacant land. Any transferred allocations from the City of Key West to Monroe County shall be made available for Administrative Relief. Goal 110 — Workforce -Affordable Housing Initiative. To support Monroe County's workforce by alleviating constraints on affordable housing the County shall participate in the Workforce -Affordable Housing Initiative, as approved during the June 13, 2018 meeting of the Administration Commission. The Workforce -Affordable Housing Initiative will require new construction that participates to commit to evacuating renters in the 48- hour window of evacuation. 300 Units Str4 ,than, /underline Page 8 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units Objective 11,,,,,,1, — Provide Workforce -Affordable Housing Building Permit Allocations. The County shall establish a new limited category (Phase One Affordable "POA") for 300 workforce -affordable building permit allocations to participate in the Workforce - Affordable Housing Initiative. These allocations are in addition to the maximum allocations identified in Rules 28-20, Florida Administrative Code. The County shall be responsible for the management, distribution, and enforcement of requirements associated with the POA allocations. Monroe County shall ensure adherence to these requirements through implementing the policies of this objective. Policy 110.1.1— Distribution of Wort Workforce -affordable housing allocati accordance with Land Develo ment Cc of iowth Limitation ROGO ._(` Policy 110.1.2 - Specific Stand Affordable Housing. Workforce-affordablehousing units 1. be multifamily 2. be rental units, 3. require, at a m Building Code 4. not be placed i Systems; 6. comply with appli on Drdable Housing Allocations. be evaluated and distributed in and Requi s program for Workforce- a, adherence to the latest edition of the Florida ished by the Florida Building Commission; V-Zone or within the Coastal Barrier Resource um onal criteria and densities for multifamily silient design principles into the overall ty to employment centers and amenities; 'ictions ensuring: lerty remains workforce -affordable housing in acuate during the period in which transient units are :) evacuate; ;ements contain a separate disclosure requiring renters w au&llu edge that failure to adhere to the evacuation requirement could result in severe penalties, including eviction, to the resident; and onsite property managers are formally trained in evacuation procedures. Policy I1 .1.3 — Evacuation exemptions. Persons living in workforce -affordable housing who are exempt from evacuation requirements of Policy 110.1.2.9.b include all first responders, correction officers, health care professionals, or other first -response workers required to remain during 300 Units Str4 ,than, /underline Page 9 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units an emergency, provided the person claiming exemption under this policy has faithfully certified their status with on -site property management. Policy 110.1.4 — ADA Compliance. All workforce -affordable housing developments must demonstrate compliance with all applicable federal standards for accessibility for persons with disabilities. Policy 110.1.45 -Evaluation and Report. Monroe County shall 1✓e6al participatmgqin the program shall provide to the state land planning agency an Annual Report by July 1 (o 'January ' of each year indicating the number of workforce -affordable units built, occupancy rates, and compliance with the requirement to evacuate the units in the Phase_I evacuation. ** Land Development Code' Current Code (pending effective date following adoption at 1/22/2 2 ` ; Mt .n): Number of D elling Units Subarea ROGO Years: July 13, 2020- July 12;_2021 ROGO Years: July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 July 13 2022- July 12 2023 July 13 2025- July 12 2026 Upper Keys 6-1 31 30 Lower Keys --5q 29 28 Big Pine and No Name Keys 94 4 Total market rate 47M 64 62 A.fordable Dwelling Units Very Low, Low, and Median Incomes 360* Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key ROGO Year Annual Allocation Market Rate Affordable Housing 300 Units Str4 ,than, /underline Page 10 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units 497 total AFH (total available immediately) July 13, 2019- July 12, 2020 126 U: 61, L:57, BPK/NNK: 8 July 13, 2020- July 12, 2021 � 64 U: � 31, L:� 29, BPK/NNK: 8.4 July 13, 2021- July 12, 2022 � 64 U: � 31, L:� 29, BPK/NNK: 8.4 July 13, 2022- July 12, 2023 � 64 U: 6-� 31, L:-5-7 29, BPK/NNK: 8.4 July 13, 2023- July 62 U: 30, L:28, BPK/NNK: 4 12, 2024 July 13, 2024- July 62 U: 30, L:28,.BPK/NNK: 4 12, 2025 July 13, 2025- July 62 U: 30, L:28, BPK/NNK: 4 12, 2026 Total 1,260 710* *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental; Take Permit ITP endin in 2023. Option: Accept the 300 early evacuation affordable ROGOs. Number of D elling Units Subarea ROGO Years: July 13, 2020- July 12, 2021 ROGO Years: July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 July 13 2022- July 12 2023 July 13 2025- July 12 2026 Upper Kes 6-�31 30 Lower Keys -5-7 29 28 Big Pine and No Name Keys 94 4 Total market rate � 64 62 A.fordable Dwelling Units Very Low, Low, and Median Incomes 360* 300 Units Str4 ,than, /underline Page 11 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units Moderate Incomes 350* Phase One Affordable , �in 300** Initiative *Includes one annually for Big Pine Key and No Name Key * * PCA allocations subject to restrictions specified in Comprehensive Plan Goal 110 and LDC Section 138-24. POA allocations shall be reserved and utilized for anv development with two (2) or more affordable units and shall require a Development Agreement pursuant to Chapter 110 Article V Development Agreement Authorization. Annual Allocation ROGO Year Market Rate Affordable Housing Phase One Affordable Housing Initiative 497 total AFH (total available immediately) July 13, 2019- July 12, 2020 126 U: 61, L:57 BPK/NNK: 8 July 13, 2020- July 12, 2021 4-M 64 U: 6+ 31, L-5-7 29, BPK/NNK: 8. 4 July 13, 2021- July 12, 2022 4-216 64 U: � 31, L-5-7 29, BPK/NNK: 8.4 300** July 13, 2022- July 12, 2023 4-2664 U: � 31, L-5-7 29, BPK/NNK: 8.4 300 Units Str4kethatigh/underline Page 12 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units July 13, 2023- 62 U: 30, L:28, BPK/NNK: 4 July 12, 2024 July 13, 2024- 62 U: 30, L:28, BPK/NNK: 4 July 12, 2025 July 13, 2025- 62 U: 30, L:28, BPK/NNK: 4 July 12, 2026 Total 1,260 710* 300** *Includes two annual affordable ROGO allocation for the Big Pine Key / No Name Key subarea through the Incidental Take Permit ITP ending in 2023. ** POA allocations subject to restrictions specified in Comprehensive Plan Goal 110 and LDC Section 138-24. POA allocations shall be reserved and utilized for any development with two (2) or more affordable units and shall require a DevLlopment Agreement pursuant to Chapter 110, Article V Development Agreement Authorization. The POA workforce -affordable housing units built under this pram shall: 1. be multifamily structures consistin of attached dwellin units 2. be rental units; 3. require a evelo ment Agreement ursuant to Cha ter 110 Article V Develo meat Agieement Authorization 5. not be placed in the -Zone or within the Coastal Barrier Resource Systems; 6. require on -site property 'management, 8. incorporate sustainable and resilient design principles into the overall site design; 9. ensure accessibility toemployment centers and amenities, 10. require deed -restrictions ensuring: a. the property remains workforce -affordable housing in perpetuity, b. tenants evacuate durinR the period in which transient units are required to evacuate; c. rental agreements contain a separate disclosure requiring renters to acknowledge that failure to adhere to the evacuation requirement could result in severe �aenaltes, including eviction, to the resident; and d. onsite property anaers are formally trained in evacuation procedures. The State of Florida, pursuant to Administration Commission Rules, may modify the annual allocation rate. By July 12, 2018, if substantial financial support is provided by State and Federal partners, the County may reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations. If necessary, Monroe County will request a Rule change from the Administration Commission to authorize an alternative allocation timeframe and rate. 300 Units Str4 ,than, /underline Page 13 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market rate residential ROGO allocations available per ROGO year. Affordable ROGO allocations and Phase One Affordable (POA) ROGO allocations shall be available for countywide allocation except for Big Pine Key and No Name Key. The allocations for Big Pine Key and No Name Key shall be limited to maximums established in Big Pine Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat Conservation Plan. (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of market rate housing residential ROGO allocations available per ROGO quarter determined by the following formula: a. Market rate residential ROGO allocations available in each subarea per quarter is equal to the market rate residential ROGO allocations available in each subarea divided by four. b. Affordable housing residential allocations available for Big Pi the first quarter for a ROGO remaining affordable housing r, for award. c. Phase One AffordableP A� beginning on July 13, 20' 21® be available for Bia Pine Kev', (3) Ratio of very low income, low incor allocations. The Planning Comm housing during any ROGO quarter. (4) Big Pine Key O for all four R( y, 'shall be made Beginning July tial ROGO alloca MMIRINIIMJw' quarters, including the ble at the beginning of )16, the balance of all shall be made available Ai Allocations shall not ocations to moderate income proportions for affordable All allocation awards on Big Pine Key and No Name Key are subject to the provisions of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and Livable CommuniKeys Flan (LCP) for the Florida Key Deer and other covered species, which may affect ROGO allocations under this article. In the Big Pine Key/No Name Key sub -area the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property owner attempting to develop his property may be granted an allocation through the ROGO process that may be used once that property owner obtains all required permits and authorizations required under the Endangered Species Act and other applicable federal and state laws. The allocation will remain valid so long as the applicant diligently and in good faith continues to work with USFWS to conclude the coordination and pick up a building permit. (5) Limit on number of allocation awards in Tier T a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall be no more than one (1) every two (2) years. b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than three (3). 300 Units Str4 ,than, /underline Page 14 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no more than three (3). (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section 138- 26 for awarding of affordable housing allocations, the BOCC may reserve by resolution some or all of the available affordable housing allocations for award to certain sponsoring agencies or specific housing programs consistent with all other requirements of this chapter. Building permits for these reserved allocations shall be picked up within six months of the effective reservation date, unless otherwise authorized by the BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation as it deems appropriate. These reservations may be authorized by the BOCC for: (1) The county housing authority, nonprofit community development organizations, pursuant to Section 139-1(e), and other public entities established to provide affordable housing by entering into a memorandum of understanding with one or more of these agencies; (2) Specific affordable or employee housing projects participating in a federal/state housing financial assistance or tax credit program or receiving some form of direct financial assistance from the county upon written request from the project sponsor and approved by resolution of the BOCC; (3) Specific affordable or employee housing projects sponsored by nongovernmental not - for profit organizations above upon written request from the project sponsor and approved by resolution of the BOCC;! (4) Specific affordable or employee housing programs sponsored by the county pursuant to procedures and guidelines as may be established from time to time by the BOCC; (5) Specific affordable or employee housing `projects by any entity, organization, or person, contingent upon transfer of ownership of the underlying land for the affordable housing project to the county, a not -for -profit community development organization, or any other entity approved by the BOCC, upon written request from the project sponsor and approved by resolution of the BOCC; or (6) Rental employee housing projects situated on the same parcel of land as the nonresidential workplace for the tenants of these projects, upon written request from the property owner and approved by resolution of the BOCC. (c) Affordable housingallocation awards and eligibility. (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1. (2) Any portion of the affordable housing allocation not used for affordable housing at the end of a ROGO year shall be made available for affordable housing for the next ROGO year. (3) No affordable housing allocation shall be awarded to applicants located within a Tier I designated area, within a V-zone on the county's flood insurance rating map, or within a Tier III -A (special protection area) designated area. 300 Units Str4 ,than, /underline Page 15 of 16 Discussion and Direction: BOCC 02.19.2020 300 Early Evacuation Workforce/Affordable ROGO Units Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable housing ROGO allocations may be awarded to Tier I, Tier II, Tier III or Tier III -A properties which meet all of the following criteria: a. The property contains an existing market rate dwelling unit that meets the criteria in LDC Section 138-22(a) and is determined to be exempt from ROGO; b. The proposed replacement affordable dwelling unit meets current Florida Building Code and is not a mobile home; c. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99 years as affordable housing pursuant to the standards of the Land Development Code; and d. The proposed site plan for the replacement affordable dwelling unit does not propose any additional clearing of habitat. (4) Only affordable housing allocations foi No affordable housing allocation may b (d) Dwelling unit allocation required. The county unit unless such dwelling unit: (1) Has a dwelling unit allocation award; or (2) Is exempted from the dwelling unit all deemed vested bursuant to Section 138- 300 Units Str ket a ig /underline Discussion and Direction: BOCC 02.19.2020 Big Pine Key may be used on Big Pine Key. used on No Name Key. ,hall issue no building permit for a dwelling on system pursuant to this chapter or is Page 16 of 16