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
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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
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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
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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! Thru NOWY Public Underwriters
Resolution P43-19 Page 3 of 3
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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