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Item R2 R.2 BOARD OF COUNTY COMMSSIONERS County of Monroe fma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: R.2 Agenda Item Summary #7336 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 PUBLIC HEARING 1:30 PM AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners extending an Interim Development Ordinance as initially established on July 19, 2017 through Ordinance 012-2017, and extended through Ordinance 027- 2019, for an additional 365 days to defer the approval of new applications or received applications that have not been fully approved for Comprehensive Plan or Land Development Code Amendments, Development Agreements (Including 380 Development Agreements), and Minor and Major Conditional Use Permits (excluding applications proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out," commencing November 8, 2020,until the BOCC can review and possibly amend the Comprehensive Plan and Land Development Code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of this Interim Development Ordinance or when the Comprehensive Plan and Land Development Code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. (File 2020-066) ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is proposing an extension to the interim development ordinance (IDO) to defer the approval of new applications or received applications that have not been fully approved, for an additional 365 days, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the moratorium for an additional 365 days. The moratorium is currently due to expire on November 8, 2020. Staff is seeking an extension to the IDO. Packet Pg.4200 R.2 ; Staff is concurrently processing amendments to the Comprehensive Plan and Land Development Code to address the provisions of the IDO. If (when) these amendments are adopted and effective, this will eliminate the current temporary moratorium or IDO. PREVIOUS RELEVANT BOCC ACTION: On February 15, 2017, the BOCC directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. On March 15, 2017, the BOCC adopted Resolution 087-2017 directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received applications that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the 365 day temporary moratorium described above. On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 365 day moratorium described above. On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365 day moratorium described above. This moratorium into effect in November 8, 2019 and runs through November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and effective, whichever comes first. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: ORDINANCE_IDO_dwelling unit lock-out 2020-066_Staff Report BOCC_IDO Dwelling Unit Lock-out_Family_extension Ex. 1 Feb 15 2017 BOCC AIS Direction to staff to propose an IDO Ex. 2 Resolution 087-2017 and March 15 2017 BOCC AIS Approval of a resolution for the IDO Ex. 3 Ordinance 012-2017 and July 19 2017 BOCC AIS ordinance for the IDO Ex. 4 Ordinance 018-2018 and August 15 2018 BOCC AIS ordinance for the IDO_Ist extension Ex. 5 Ordinance 027-2019 and July 17 2019 BOCC AIS ordinance for the IDO_2nd extension FINANCIAL IMPACT: Packet Pg.4201 R.2 ; Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: n/a Additional Details: REVIEWED BY: Emily Schemper Completed 09/28/2020 12:46 PM Assistant County Administrator Christine Hurley Completed 09/29/2020 11:08 AM Derek Howard Completed 09/30/2020 4:59 PM Purchasing Completed 09/30/2020 5:01 PM Budget and Finance Completed 10/02/2020 8:17 AM Maria Slavik Completed 10/02/2020 10:24 AM Liz Yongue Completed 10/02/2020 12:25 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg.4202 R.2.a 1 � 2 y i.. 5 MONROE COUNTY, FLORIDA COMMISSIONERS6 MONROE COUNTY BOARD OF COUNTY 7 - "4 04 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 311 10 COMMISSIONERS 11 AS INITIALLY ESTABLISHED ON JULY 19,2017 T 42 HROUGH ORDINANCE 012- 12 2017, AND EXTENDED THROUGH ORDINANCE 027-2019, FOR AN 06 13 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW 14 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN 15 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND = 16 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS 17 ( , AND MINOR AND 18 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS .2 1 ), WITH 20 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO 21 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF 22 , he he U 2 "LOCK-OUT," COMMENCING NOVEMBER 8, 2020, UNTIL THE BOCC CAN 4 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND 25 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING 2 ; ; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" 0 27 I 3 � 28 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 29 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 30 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; 31 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO 2 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 33 PROVIDING FOR AN EFFECTIVE DATE. ( - ) 3 3536 -- i WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on 0 37 February 5, 2017 in Key West, Florida, passed a motionto direct staff to impose a temporary moratorium 38 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated 39 people and any children related to either of them" of a dwelling unit or utilizing the to "lock-out," due 0 to pending legislation; 1 WHEREAS,42 the Monroe County Board of County Commissioners adopted Resolution 7- 43 217, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an CU 44 ordinance to impose a temporary oratoriu deferring the approval of new applications or received 45 application that have not been fully approved, commencing arch 15, 2017, for comprehensive plan 6 or land development code amendments, development agreements (including 380 development 7 agreements), for and major conditional use permits (excluding applications proposing only Ord. -2020 Page 1 of 4 File 2020-066 Packet Pg.4203 R.2.a 1 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 2 unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term"lack-out;" and WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 1 'h day of July, 2017 in Marathon, Florida adopted Ordinance 0 12-2017 imposing a temporary moratorium ' 7 upon certain development applications proposing occupancy by"three unrelated people" or"two unrelated people and any children related to either of them" of a dwelling unit or utilizing the ter "lock-out," due to pending legislation; and 21 10 11 ,the Board o County Commissioners of Monroe County, t a regular meeting o 2 'h 42 12 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 06 13 moratorium upon certain development applications proposing occupancy by "three unrelated people" or 1 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term 1 "lock-out," due to pending legislation; and 16 17 WHEREAS, Ordinance 0 1 -218 extended the moratorium through October 27, 2019; and 1 0 19 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 17'h 20 day of July, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary moratorium 21 upon certain development applications proposing occupancy by "three unrelated people"or"two unrelated 2 people and any children related to either of them" of a dwelling unit or utilizing the to "lock-out," due 119 o 23 to pending legislation; and U 2 5 WHEREAS, Ordinance 27-2019 extended the moratorium through November 8, 220; and 26 0 27 WHEREAS, Monroe County policies and regulations adopted in the Monroe County -119 28 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 2 29 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 30 development; and 1 WHEREAS,32 the Monroe County BOCC has identified and discussed concerns with the existing 33 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the 4 undefined term o "lock-out;" and 3 6 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on 0 37 use o "lock-outs" and this use was not discussed during the update process and further edits are needed 38 to specifically address "lock-outs;" and Z WHEREAS,39 40 an ordinance addressing the interim time period between the current adopted 1 comprehensive plan and land development code and the adoption of any new amendment(s) [new 2 definitions or other code requirements] is necessary to ensure that any new definitions and code 43 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of CU 44 unincorporated Monroe County, including the provision of public participation in the planning process; 45 and 46 Ord. -220 Page 2 of 4 File 2020- 66 Packet Pg.4204 R.2.a 1 WHEREAS, an extension to the temporary moratorium deferring the approval of new applications or received application that have not been fully approved,commencing November 8,2020, for comprehensive plan or land development code amendments, development agreements (including 30 development agreements), and minor and major conditional use permits (excluding applications _ 5 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated 6 people" or "two unrelated people and any children related to either of them" of a dwelling unit, ' 7 and applications utilizing the ter "lock-out;" will allow time to review, study, hold public hearings, and process and adopt an amendment or amendments to the Land Development Code and the Comprehensive Plan; and311 1 11 WHEREAS, on July 21, 2020, the Monroe County Development Review Committee (D C) 42 12 reviewed the proposed interim development ordinance; and 06 1 14 WHEREAS, at a regularly scheduled meeting held on September 23, 2020, the Monroe County 15 Planning Commission held a public hearing for the purpose of considering the proposed interim 16 development ordinance and provided for public comment; and 17 18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. -2 0 19 recommending approval of the proposed interim development ordinance; and 21 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 22 of Monroe County. he he U 23 2 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 2 . 26 0 lie 27 SECTION 1. Recitals. The above recitals are true and are hereby adopted and confirmed. U 2 � 29 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental 0 Resource Department shall defer the approval of new applications or received applications that have not 1 been fully approved, for comprehensive plan or land development code amendments, development 32 agreements (including 380 development agreements), and minor and major conditional use permits 33 (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by 4 "three unrelated people" or"two unrelated people and any children related to either of them" of a dwelling --' 35 unit, and applications utilizing the to "lock-out;" commencing November 8, 2020, until the BOCC can 36 review and possibly amend the comprehensive plan and land development code regarding the definitions 7 of dwelling unit; household; family and the undefined to "lock-out" of a dwellingunit; providing for 8 expiration within 35 days of the effective date of an interim development ordinance or when the 39 comprehensive plan and land development code amendments become effective, whichever comes first. 0 1 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless 2 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption 43 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this 4 Ordinance extend beyond 365 days from the effective date of this ordinance. 45 46 Ord. _ -2020 Page 3 of File 200-066 Packet Pg.4205 R.2.a 1 SECTION 4.SEVERABILITY. If any section, subsection, sentence,clause,phrase,or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance invalid or 4 unconstitutional. _ 5 6 SECTION 5. TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land Q 04 7 Planning Agency as required by F.S. 3 0.05(11) and F.S. 3 . 552( ). Filing04 ce and Effective . This Ordinance shall take effect upon 311 10 filing with the Florida Department of State. _ 11 42 12 PASSED AND ADOPTED by the Board of County Commissioners of MonroeCounty, Florida, 06 13 at a regular meeting held on the 21" day of October 2020. 14 1 = 16 Mayor Heather Carruthers 17 Mayor Pro Tern Michelle Cal iron 18 Commissioner Craig Cates 19 Commissioner David Rice 20 Commissioner Sylvia Murphy a 1 2 he 23 BOARDCOUNTY COMMISSIONERS 24 OF MONROECOUNTY, FLORIDA 2 26 0 7 Y HEATHER C T _ S � 28 29 (SEAL) 30 1 ATTEST: KEVIN MADOK, CLERK 32 33 AS DEPUTY CLERK 34 --' 35 M COUNTYROE AOFFICE UT '!R M C ASSIST C ® y t.: U CU Ord. -20 Page 4 of 4 File 220-06 Packet Pg.4206 2 � 'w- 3 4 5 MEMORANDUM 42 06 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 To: Monroe County Board of County Commissioners 9 a, 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources -a 11 12 From: Mayte Santamaria, Senior Planning Policy Advisor W 13 a� 14 Date: September 23, 2020 15 0 16 Subject: An ordinance by Monroe County Board of County Commissioners extending an interim U 17 development ordinance as initially established on July 19, 2017 through Ordinance 012- ° 18 2017, and extended through Ordinance 027-2019, for an additional 365 days to defer the 19 approval of new applications or received applications that have not yet been fully 20 approved for Comprehensive Plan or Land Development Code amendments 2 21 Development Agreements (including 380 Development Agreements), and minor and 22 major conditional use permits(excluding applications proposing only affordable housing X 23 dwelling units), with proposed occupancy by "three unrelated people" or"two unrelated �! 24 people and any children related to either of them" of a dwelling unit, and applications E 25 utilizing the term "lock-out," commencing November 8, 2020, until the BOCC can U. 26 review and possibly amend the Comprehensive Plan and the Land Development Code o 27 regarding the definitions of a dwelling unit; household, family and the undefined term � 28 "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective 0 29 date of this Interim Development Ordinance or when the Comprehensive Plan and Land 30 Development Code amendments become effective, whichever comes first. (File 2020- D 31 066) 0 32 = 33 Meeting: October 21, 2020 34 0� 35 I. REQUEST _I 36 v 37 The Monroe County Planning & Environmental Resources Department is proposing an extension to 38 the interim development ordinance (IDO) to defer the approval of new applications or receivedi 39 applications that have not been fully approved, that initially established on July 19, 2017 through Q. 40 Ordinance 012-2017 and extended through Ordinance 027-2019 for an additional 365 days for W 41 comprehensive plan or land development code amendments, development agreements (including : 42 380 development agreements), and minor and major conditional use permits (excluding applications Ui 43 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated to 44 people" or "two unrelated people and any children related to either of them" of a dwelling unit, and 45 applications utilizing the term "lock-out." 46 E v cu BOCC SR Page 1 of 4 File No.2020-066 Packet Pg.4207 R.2.b I On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 2 moratorium for an additional 365 days. The moratorium is currently due to expire on November 8, —�'- 3 2020. Staff is seeking an extension to the IDO. 4 5 II. BACKGROUND INFORMATION 06 7 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 8 and Land Development Code. The 2030 Comprehensive Plan was adopted pursuant to Ordinance 9 005-2016 was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. 10 DEO issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The 11 Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice 12 of Intent on the DEO Website on June 20, 2016. 13 14 The Monroe County Land Development Code (LDC)was adopted pursuant to Ordinance 006-2016 15 and was transmitted to DEO on May 24, 2016. On July 26, 2016, DEO published Final Order 0 16 DEO-16-130 in the Florida Administrative Register approving the Monroe County Land U 17 Development Code. The Final Order would have become effective 21 days after publication in the 0 18 Florida Administrative Register (August 16, 2016) but a petition was filed. On August 10, 2016, 19 the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22,2016, 20 the BOCC adopted an ordinance amending Section 130-165 to resolve the Petition challenging the •2 21 DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe 22 County Land Development Code to become effective. The County's updated Land Development X 23 Code became effective on February 3, 2017. 24 E 25 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land Ui 26 Development Code included definitions which were amended with the adoption of the new Land 27 Development Code in April 2016.Both documents include a definition for family.Neither document 28 includes a definition of"lock-out." 0 29 30 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 D 31 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development 32 applications proposing occupancy by "three unrelated people" or "two unrelated people and any , 33 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 34 pending legislation. 0� 35 a 36 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular 37 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to m 38 impose a temporary moratorium deferring the approval of new applications or received applicationsi 39 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land 0 40 development code amendments, development agreements (including 380 development agreements), 41 and minor and major conditional use permits (excluding applications proposing only affordable CU 42 housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated eia 43 people and any children related to either of them" of a dwelling unit, and applications utilizing the 44 term "lock-out." Q Q 45 N 46 On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the 47 365 day temporary moratorium described above. 48 E U BOCC SR Page 2 of 4 File No.2020-066 Packet Pg.4208 R.2.b I On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 2 365 day moratorium described above. ' 3 4 On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365 5 day moratorium described above. This moratorium into effect in November 8,2019 and runs through 06 6 November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and effective, 7 whichever comes first. 8 9 Staff is proposing amendments to the Comprehensive Plan (File 2019-098) and Land Development Z 10 Code(File 2019-099). These are separate agenda items and actions to implement the BOCC direction 11 within these interim development ordinances (IDO) and, if these amendments are adopted and 12 effective, will eliminate the current moratorium. 13 14 15 Community Meeting and Public Participation 0 16 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on June 22, 2020 U 17 to provide for public input. There were 2 members of the public in attendance. During the meeting, 0 18 this IDO and the amendments to the Comprehensive Plan (File 2019-098) and Land Development 19 Code (File 2019-099) were explained. The public mainly asked for clarification of the amendment 20 provisions and noted that they hoped the amendment would address concerns about creating multiple •2 21 "houses" with one ROGO allocation. 22 23 Development Review Committee and Public Input 24 The Development Review Committee considered the proposed amendment at a regular meeting on E 25 July 21, 2020. There was no public comment U_ i 26 0 27 Planning Commission and Public Input 28 The Planning Commission considered the proposed amendment at a regular meeting on September 0 29 23, 2020,provided for public input and recommended approval. 30 D 31 III. PROPOSED AMENDMENTS 32 33 See interim development ordinances Excerpt below, 34 35 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental --� 36 Resource Department shall defer the approval of new applications or received applications that c� 37 have not been fully approved, for comprehensive plan or land development code amendments 38 development agreements (including 380 development agreements), and minor and majors 39 conditional use permits (excluding applications proposing only affordable housing dwelling 0 40 units); with proposed occupancy by "three unrelated people" or "two unrelated people and any 41 children related to either of them" of a dwelling unit, and applications utilizing the term "lock- CU 42 out;" commencing November 8, 2020, until the BOCC can review and possibly amend the Cn 43 comprehensive plan and land development code regarding the definitions of dwelling unit; 44 household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration Q 45 within 365 days of the effective date of an interim development ordinance or when the Q 46 comprehensive plan and land development code amendments become effective, whichever 47 comes first. a 48 Ec U BOCC SR Page 3 of 4 File No.2020-066 Packet Pg.4209 R.2.b 1 2 IV. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE —�'- 3 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 4 5 The proposed IDO is consistent with the Goals, Objectives and Policies of the Monroe County 2030 42 06 6 Comprehensive Plan. Specifically, it furthers: 7 8 The proposed IDO is consistent with the Principles for Guiding Development for the Florida Keys 9 Area, Section 380.0552(7), Florida Statutes. 10 11 The proposed IDO is inconsistent with the Part II of Chapter 163, Florida Statute(F.S.). 12 13 The proposed IDO is consistent with LDC Section 102-160(a) (Amendments in Progress) - When 14 revisions are being considered concerning the Land Development Code or the Comprehensive Plan, 15 or any portions thereof, the County may take legislative action to delay the approval of applications 0 16 that include the potential revisions' subject matter. The delay shall be for such time as deemed U 17 necessary by the BOCC, not to exceed 365 days or until the Land Development Code or 0 18 Comprehensive Plan change is fully effectuated. 19 20 V. STAFF RECOMMENDATION •0 21 22 Staff recommends approval of the proposed extension to the interim development ordinance. X 23 24 The interim development ordinance provides a period of time between the current adopted 25 comprehensive plan and land development code and the adoption of any new amendment(s) [new Ui 26 definitions and/or other code requirements] to ensure that the amendments are fully evaluated to 27 ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including 28 the provision of public participation in the planning process. 0 29 30 Staff is concurrently processing the BOCC directed amendments related to the development of D 31 dwelling units utilizing the term "lock-out." 32 , 33 VI. EXHIBITS 34 35 1. February 15, 2017 Monroe County BOCC agenda item for the IDO 36 2. Resolution 087-2017 and March 15, 2017 Monroe County BOCC agenda item c.> 37 3. Ordinance 012-2017 and July 19, 2017 Monroe County BOCC agenda item 38 4. Ordinance 018-2018 and August 15, 2018 Monroe County BOCC agenda items 39 5. Ordinance 027-2019 and July 17, 2019 Monroe County BOCC agenda item 0 40 CU Cn i N U BOCC SR Page 4 of 4 File No.2020-066 Packet Pg.4210 R.2.c BOARD OF COUNTY COMMISSIONERS County of Monroe } �kl Mayor George Neugent,District 2 �iti Mayor Pro Tem David Rice,District 4 he Florida Keys t� 4A' P"nq Danny L.Kolhage,District I s Heather Carruthers,District 3 Sylvia J.Murphy,District 5 Q 04 04 County Commission Meeting February 15, 2017 Agenda Item Number: L.7 Agenda Item Summary #2667 06 BULK ITEM: No DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430 0 10:00 A.M. AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim Development Ordinance to not process private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, with proposed occupancy by "three unrelated people" 0 or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code 0 regarding the definitions of dwelling unit; household; and family and the undefined term "lock-out" CU of a dwelling unit. aa) Cn 0 0. ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The policies and 0 regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to CU maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our v, local government capability to manage land use and development. 0 0 There has been recent discussion regarding the use of a "lock-out" (an undefined term in the a comprehensive plan or land development code but typically defined as a separate space with a bedroom/bathroom)within a dwelling unit. en "Lock-outs" may create unintended consequences, not discussed or analyzed during the recently adopted comprehensive plan and land development code amendments, adopted in April 2016. m Further edits may be needed to specifically address current definitions of Dwelling Unit, Household, Family, and Permanent Residential unit and the undefined term of"lock-out." N Ln History of Definitions: a� Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code, x the 2010 Comprehensive Plan included: a� 2010 Comprehensive Plan and Land Development Code: U Packet Pg.4211 R.2.c The previous 2010 Comprehensive Plan did not include any definitions or any policies related to the use of "lock-outs" of dwelling units which could be utilized as separate guest unit or another a potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the Q code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family a� members. 2010 Land Development Code definitions 42 06 Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling unit. a� Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator 2 and stove.* x The Land Development Code did not include a definition for family. 0 U 2030 Comprehensive Plan: The newly adopted 2030 Comprehensive Plan includes the following new definitions: 0 Dwelling Unit means one or more rooms physically arranged for occupancy by one household r_ sharing common living, cooking, and toilet facilities. a 0 CL Household means all the people who occupy a housing unit. A household includes the related family 0- members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees CL 0 who share the housing unit. A person living alone in a housing unit, or a group of unrelated people CU sharing a housing unit such as partners or roomers, is also counted as a household. 0 Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: U (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship; (2)three unrelated people; (3)two unrelated people and any children related to either of them. 0 "2030" Land Development Code: N The newly adopted 2030 Code includes the following definitions: LO Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing common living, cooking, and toilet facilities. U Packet Pg.4212 R.2.c a " " N N 4 �gllfng un tme arls one or more ro orns ph�°sic aLvarranged for occupancy b�: one residential household sharing common living,cooking, and toilet facilitie-s. 42 06 Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees :3 who share the housing unit. A person living alone in a housing unit, or a group of unrelated people 0 sharing a housing unit such as partners or roomers, is also counted as a household. , Ho sehol meam all the people who o c cupy a housing unit. A household includes the related 0 family°members and all the unrelated people.,if an_^., such as lodgers., foster children,wards.,cr .employ e es vi-ho share the housing unit. A p erson living alone ui a housing,unit,or a loup c f X unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. 0 U Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership 0 or duly-authorized custodial relationship; (2) Three unrelated people; CU (3) Two unrelated people and any children related to either of them. CL 0 Famdv means a person living alone., or people living together as a single household and CL sharing common living,cooking,and toilet facilities: 0 '1)Anvn=berofpeople related bvblood.tnartiage.adoptionguardianslnp domestic partnership or duly-authorized custo dial relationshipCU (2) ThreeunrelatedpegRk (3) T.T©unrelatedpegple and aM children related to either ofthem 0 0 Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a household for non-transient occupancy, excluding hotel, motel, and recreational vehicle. Cn P43nn na12.7 rau&nJi rd Unit means a d:v-elling unit.that.is desi�rred for..and c apahle-o f,.sen°ing a s a residence for a household occupancy°.excluding hotel,motel,and recreational Vehicle.- 1. * This definition is currently included in the Land Development Code but that term only appears Ln once, in one Section 138-22(2)b.2.(i). U_ PREVIOUS RELEVANT BOCC ACTION: ae December 11, 2013: Development Agreement approved by BOCC for Oceanside Investors allowing the transfer of 46 market-rate TREs from three sender sites to the Oceanside property, with the transferred market-rate TRE's to be converted to, or replaced with, an equivalent amount of 99-year .e U Packet Pg.4213 R.2.c deed-restricted affordable housing, prior to a C.O. being issued for market-rate units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market-rate residential dwelling Q units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to Q 150 seats, and other improvements related to the existing, partial ly-condominiumized marina and a� accessory development. June 30, 2014: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue 42 located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the 06 Oceanside property increased in size. 2014: Oceanside Investors entered into a purchase and sale agreement with Monroe County to purchase the Hickory House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. 0 December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the X development agreement, adding adjacent property and the abandoned right-of-way, increased the allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights � associated with a previous approval related to Hawk's Cay and amended the conceptual site plan. 0 0 March 18, 2015: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the 0 Oceanside Marina property increased in size. CU June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the 0 CL development agreement, adding adjacent abandoned right-of-way, increased the total number of 0- transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site CL 0 plan. CU W CONTRACT/AGREEMENT CHANGES: n/a 0 U STAFF RECOMMENDATION: 6 D DOCUMENTATION: c� oceanside summary timeline and staff_2-1-17 (MinuteTraq printer) FINANCIAL IMPACT: N Ln Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: U CU Packet Pg.4214 R.2.c Budgeted: Source of Funds: CPI: 04 04 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: 42 Grant: 06 County Match: Insurance Required: Additional Details: 0 REVIEWED BY: x Bob Shillinger Completed 02/01/2017 2:54 PM a' Kathy Peters Completed 02/01/2017 3:07 PM 0e Board of County Commissioners Pending 02/15/2017 9:00 AM 2 0 Crj a) Cn 0 CL L- CL CU Cn 0 0 U D 04 Ln U Packet Pg.4215 R.2.c Timeline of Approvals & Staff Summary of item approved Approved by Planning Director Tim McGarry 1996: Development Order 412-96, a minor conditional use on July 23, 1996 permit for part of the Oceanside property, 5970 Peninsular Q Avenue (real estate 4 00127420-000100 only) allowed for the 04 construction of a 9,600 SF storage building and other a� associated accessory improvements. Approved by Planning Commission on July 1997: PC Resolution 4 P52-97, an amendment to the major 10, 1997 conditional use permit for part of the Oceanside property, 42 5950 Peninsular Avenue (real estate 4 00127420-000000 only) 06 allowed for the construction of 22 attached, market rate residential dwelling units; one boat storage building; an addition to an existing restaurant; and other associated accessory improvements. Signed by County Mayor, Shirley Freeman, 1999: Development Agreement between the County, the 0 on January 19, 2000 Florida Department of Community Affairs, Paradise Island Cn Park, Inc. and Key West Oceanside allowing the transfer of 22 2 market-rate TREs and TDRs from Paradise Island Park to the Oceanside property (recorded on April 7, 2000). 0 Following issuance of PC Resolution 4 P52-97, Oceanside 2 Investors' predecessor in interest acquired 5970 Peninsular 0 Avenue. Further, the 22 attached, market rate residential dwelling units were constructed. 0 Signed by County Mayor McCoy on July 19, 2006: 380 Agreement between Overseas Redevelopment M 2006 Company, LLC, Department of Community Affairs and Cn Monroe County allowing the redevelopment of Overseas C, Trailer Park on Stock Island as a 49-unit workforce housing L project and the offsite transfer of 32 market rate ROGO C exemptions. ,a CU Cn Approved by Planning Commission on April 2007: PC Resolution 4 P21-07, an amendment to a major 0 11, 2007 (vote: three Yes, one No, and one conditional use permit for part of the current Oceanside Absent) property, 5950 and 5970 Peninsular Avenue (real estate 4 00127420-000000 and 00127420-000100, as well as other 2 Aref Joulam is Planning Director property associated with a condominium development) 6 allowed for the demolition of several buildings and D o�� ( �i�)��i��s irUU�� is�f���9ry„`Sal l ti 194�i t��?.�I,,}S(n-U��tp fib!��d1US'1���,� S�1�i)�1Vi tf,tlSti�� Staff report by Julianne Thomas construction of 32 � he ; rke 'f ��tekiid 1 dwejlin" 0 'f;4i��V� fit ,;2 boat barns, 8 wet slips, and other associated accessory PO till hi ?�}t 11(sfI'll N ,R1T i{;1VA�A��1) iS �'l9; f���)�i��4 f�t�1���A1 yi)� 11 i4 0 (Applicant is Kings Point Marina LLC) improvements S4s� t � t m "'4 Transmitted to DCA on 5/11/07, DCA did not �,�h '<<�� � ���1`� ' U :tQ�Lek %theequited� 04 1 i�y�{Sir �y�,lr�(y�l��iU)\�lt !� �;�1d��4i�� St V���ilsi�lr,�ty stlu�s ~tit appeal the item, find b1e,�iott 7 g cat 3 f,p d eet.' Ln PC authorizes the vacation rental use of attached units. Resolution 402-2013 2013: Development Agreement approved for Oceanside Investors allowing the transfer (1:1) of 46 market-rate TREs Approved by BOCC on December 11,2013 from three sender sites to the Oceanside property, with the E (Mayor Sylvia Murphy—unanimous transferred market-rate TRE's to be converted to, or replaced approval) I with, an equivalent amount of 99-year deed-restricted Page 1 of 6 Packet Pg.4216 R.2.c affordable housing,prior to a C.O. being issued for market-rate Staff report by Joe Haberman units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new,, market-rate residential duelling ;units, Q Townsley Schwab is Planning Director which may be used as vacation rentals, up to MEN= 04 MR a new restaurant with up to 150 seats, and other BOCC Agenda item summary staff contact: improvements related to the existing, partially- Joe Haberman & Christine Hurley condominiumized marina and accessory development. PC recommended approval to BOCC via 42 Resolution P29-13, approved on November 06 15,2013—unanimous approval Transmitted to DEO (formerly DCA) on 1/3/14, DEO did not appeal.the item. Approved by Planning Commission on 2013: PC Resolution 4 PO4-14, an amendment to the major February 26,2014 conditional use permit to improve the marina's facilities, •2 construct 78 new market rate residential dwelling units, Staff report by Joe Haberman construct � �l � l '' � , construct a new restaurant and X carry out associated site improvements. Townsley Schwab is Planning Director 0e U Transmitted to DEO (formerly DCA) on 5/1/14,DEO did not appeal.the item. a 0 Approved by Planning Director Townsley 2014: Development Order 404-14, a minor conditional use _ Schwab on November 19, 2014 permit allowing the transfer of `r Asa�� ��� required to facilitate the project approved for the Oceanside property. The a� Staff report by Karl Bursa&Mike Roberts Development Order required the sender site(s) to be a) 0 dedicated to the County or b) placed in a conservation 0- Transmitted to DEO (formerly DCA) on easement prohibiting its future development. CL 12/19/14,DEO did not appeal the item CU Resolution 116-2014 2014: Resolution 4 116-2014 approved for a right-of-way abandonment of a segment of Peninsular Avenue located Approved by BOCC on June 30,2014 (Mayor north of the Oceanside property (lying between Block 46 and 2 Sylvia Murphy—vote: three Yes, one No, and Block 60). As a result, the Oceanside property increased in U one Abstained) size. 6 D Staff report by Joe Haberman c.> Townsley Schwab is Planning Director BOCC Agenda item summary staff contact: Q Joe Haberman & Christine Hurley Ln Memo from Susan Grimsley &Bob Shillinger (memo addresses termination of right of way on water) W Does not get sent to DEO per MOU BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale CU Page 2 of 6 Packet Pg.4217 R.2.c Sale Agreement on August 20, 2014. (Mayor agreement with Monroe County to purchase the Hickory Sylvia Murphy—vote: four Yes, one No) House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory Q House property. As a result, the Oceanside Marina property 04 increased in size. 04 at Resolution 373-2014 2014: Resolution 4 373-2014, 1" amendment to the development agreement, addin adjacent ro ert and the Approved by BOCC on June 10,2015 (Mayor abandoned right-of-way, 42 Danny Kolhage—unanimous approval) allowed the transfer of up to 12 06 vested rights associated with a previous approval related to Staff report by Joe Haberman Hawk's Cay and amended the conceptual site plan. Townsley Schwab is Planning Director at BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley •2 PC recommended approval to BOCC via X Resolution P40-14, approved on November 19,2014—unanimous approval(Lustberg 0e absent) U 0 Transmitted to DEO(formerly DCA) on I/7/I5, DEO did not appeal the item. 0 a Approved by Planning Director Townsley 2014: Development Order 406 14, a minor conditional use Schwab on December 12,2014 permit allowing the transfer of',10, T7/1bI� required to facilitate the project approved for the Oceanside property. The 0 CL Staff report by Matt Coyle Development Order required the sender site(s) to be a) 0- dedicated to the County or b) placed in a conservation CL 0 Transmitted to DEO (formerly DCA) on easement prohibiting its future development. p 1/12/15,DEO did not appeal the item CU W 0 Resolution 115-2015 2015: Resolution 4 115-2015 approved for a right-of-way abandonment of a segment of Peninsular Avenue located g Approved by BOCC on March 18, 2015 north of the Oceanside property (lying between Block 46 and U (Mayor Danny Kolhage—vote: one No, four Block 60). As a result, the Oceanside Marina property 6 Yes) increased in size. en Staff report by Joe Haberman 0 Townsley Schwab is Planning Director �. (During BOCC meeting, Mayte Santamaria appointed replacement Planning Director Ln after Townsley's retirement up to 6 month overlap- expected to retire April 2015) BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley Does not get sent to DEO per MOU U Page 3 of 6 Packet Pg.4218 R.2.c Approved by Planning Commission on 2015: PC Resolution 4 P41-14, an amendment to the major November 19, 2014 (unanimous approval- conditional use permit to add adjacent ro ert and the Lustberg absent) abandoned roadway, increase the " Q li ffiffillIfIlM and amend the approved site plan. N Staff report by Joe Haberman a� Townsley Schwab is Planning Director Transmitted to DEO (formerly DCA) on 42 4/24/15,DEC) did not appeal the item. 06 Approved by Planning Director Mayte 2015: Development Order 404-15 (typo previously typed 06- Santamaria on May 22,2015 I5), a minor conditional use permit allowing the transfer of 5 transient TREs to the Oceanside property. Staff report by Matt Coyle &Joe Haberman Transmitted to DEO (formerly DCA) on g 6/25/15,DEO did not appeal the item x Resolution 158-2015 2015: Resolution No. 158-2015, 2° amendment to the development agreement, adding adjacent abandoned right-of- 0e Approved by BOCC on June 10,2015 (Mayor way, increased the total number of transferred market rate U Danny Kolhage—unanimous approval) residential units from 78 to 79 [32+ 47] and amended the 0 conceptual site plan. Staff report by Matt Coyle 0 Townsley Schwab is Planning Director(Dec cri 2014 Mayte Santamaria appointed replacement Planning Director after 0 Townsley's retirement—up to 6 month 0 overlap) CL 0 BOCC Agenda item summary staff contact: CU Matt Coyle & Christine Hurley 0 PC recommended approval to BOCC via g Resolution P11-15, approved on April 29, U 2015—unanimous approval(Werling absent) '= D Transmitted to DEO (formerly DCA) on 8/12/15, DEO did not appeal the item. 0 Approved by Planning Director Mayte 2015: Development Order 405-15, a minor conditional use �. Santamaria on June 25,2015 permit allowing the transfer of 45 ROGO market rate Q exemptions to the Oceanside Property. Ln Staff report by Matt Coyle a� Transmitted to DEO (formerly DCA) on 7/27/15,DEO did not appeal the item Approved by Planning Director Mayte 2015: Development Order 407-15, a minor conditional use Santamaria on October 22,2015 permit allowing the transfer of 2 ROGO market rate exemptions to the Oceanside Property. CU Page 4 of 6 Packet Pg.4219 R.2.c Staff report by Matt Coyle& Joe Haberman a� Transmitted to DEO (formerly DCA) on r 12/10/15,DEC) did not appeal the item Approved by Planning Director Mayte 2015: Development Order 409-15, a minor conditional use Santamaria on October 22,2015 permit allowing the transfer of b "T JSly`" to the Oceanside property. The Development Order required the sender site(s)to Staff report by Matt Coyle &Mike Roberts be a) dedicated to the County or b) placed in a conservation 42 easement prohibiting its future development. 06 Transmitted to DEO (formerly DCA) on 12/10/15,DEO did not appeal the item Approved by Planning Director Mayte 2015: Development Order 408-15, a minor conditional use a� Santamaria on October 22,2015 permit allowing the transfer of T�b} `�,, p g to the Oceanside � property. The Development Order required the sender site(s)to Staff report by Matt Coyle &Mike Roberts be a) dedicated to the County or b) placed in a conservation •2 easement prohibiting its future development. Transmitted to DEO (formerly DCA) on X 12/10/15,DEO did not appeal the item 0 Approved by Planning Director Mayte 2015: minor deviation approved to the major conditional use 0 Santamaria on December 10, 2015 permit in order to allow the construction of one additional 0 market rate residential dwelling unit. Staff report by Matt Coyle 0 Does not get sent to DEO per MOU a� Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use 0 CL Santamaria on February 1, 2016 permit in order to revise the approved site plan by removing 2 the resort swimming pool on the northernmost parcel (RE 4 C' 0 Staff report by Matt Coyle 00126210-000000), relocation of the watersports, fitness and a restroom building and the reconfiguration of the off-street CU Does not get sent to DEO per MOU parking for the site. 0 Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use Santamaria on August 1, 2016 permit in order to revise the approved site plan by removing of a) the gatehouse building and the repositioning of the proposed 6 Staff report by Devin Rains dockmaster building, the reconfiguration of the off-street D parking (parking maintained at 346 spaces), sidewalks, add Does not get sent to DEO per MOU arbors, add the provision for bait and ice vending and t�> expansion of the fish cleaning station, and other changes to m open space for the site (File 4 2016-103). 04 Approved by Planning Commission on 2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use L0 December 15, 2016 Permit approval, which would allow beer, wine and liquor in connection with operation of hotel, motel, motor court or U- Staff report by Kevin Bond condominium; sale by the drink for consumption on premises and package sales in sealed containers ti Mayte Santamaria is Planning Director a� Does not get sent to DEO per MOU l Page 5 of 6 Packet Pg.4220 R.2.c Approved by Planning Director Mayte 2016: Exemption to a Special Vacation Rental Permit Santamaria on December 23, 2016 approval, exemption only applies to the 79 market-rate residential dwelling units, configured into "lockouts" CD CD Staff report by Kevin Bond consisting of no more than one bedroom and one bathroom, which may be used as vacation rentals pursuant to the 04 Does not get sent to DEO per MOU approved Development Agreement (the original agreement approved on December 11, 2013 via BOCC Resolution No. 21 402-2013; the first amendment to the agreement approved on December 10, 2014 via BOCC Resolution No. 373-2014; and 42 the second amendment to the agreement approved on June 10, 06 2015 via BOCC Resolution No. 158-2015). 0 x 0 U Cri CL L_ CL Cri 0 U D CD 04 LO U Page 6 of 6 Packet Pg.4221 R.2.d MONROE COUNTY, FLORIDA 0 RESOLUTION NO. 087 -2017 x A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF o MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY U PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND 0 MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING 0 APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED Cn PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND — APPLICATIONS UTILIZING THE TERM "LOCK-OUT," COMMENCING Z MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND 2 THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; Cn FAMILY AND THE UNDEFINED TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST. 04 Ln WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 2- February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary CU moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the CU a� term "lock-out," due to pending legislation; and oo WHEREAS, Monroe County policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of r the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and WHEREAS, the Monroe County BOCC has identified and discusses concerns with the existing definitions in the County Comprehensive Plan and Land Development Code, including discussion of the undefined term of"lock-out;" and U Page 1 of 3 < Packet Pg.4222 R.2.d WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on use of "lock-outs" and this use was not discussed during the update process and further edits are needed to specifically address "lock-outs;" and WHEREAS, an ordinance addressing the interim time period between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code 2 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and 0 WHEREAS, staff has been directed to process an ordinance to ensure that no new private 0 applications will be processed for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, (excluding applications proposing only affordable housing dwelling units) with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out," providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. CU 4- 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: 0- CL CL Staff of the Monroe County Planning and Environmental Resources Department shall process < an interim development ordinance to defer approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed Ln occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing 2- March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and CU land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the CU effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. oo C U Page 2 of 3 Packet Pg.4223 R.2.d PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 151h day of March 2017. Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes 0 BOARD OF COUNTY COMMISSIONERS U OF MONROE COUNTY, FLORIDA � � t BY 'C Mayor George Neugent 0 c g o . a N y ATT VIN MADOK, CLERK DEPUTY CLERK 2 CL CL Ln MONROE COUNTY TTORNEY < OVED AS ORlt' STEVE T. WILLIAMS MS TY ATTORNEY �. Date y� Ln r oo oo 0 N 0 CJl � U Page 3 of 3 < Packet Pg.4224 R.2.d BOARD OF COUNTY COMMISSIONERS County of Monroe } �4�1 Mayor George Neugent,District 2 �iti ��b� Mayor Pro Tem David Rice,District 4 TheFlorida Keys t� V, P"nq Danny L.Kolhage,District I A0Heather Carruthers,District 3 Sylvia J.Murphy,District 5 County Commission Meeting March 15, 2017 Agenda Item Number: H.7 Agenda Item Summary #2727 0 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources 0 TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305)289-2500 n/a 0 AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida, directing the Monroe County Planning and Environmental Resources Department to process an ordinance to defer the approval of new private applications for comprehensive plan or land development code amendments, development agreements (including CU 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated Z people" or "two unrelated people and any children related to either of them" of a dwelling unit, and 2 0. applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of D dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes m first. 04 ITEM BACKGROUND: Ln On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim 2- Development Ordinance to not process comprehensive plan or land development code amendments, CU development agreements (including 380 development agreements), and minor and major conditional uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people CU and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. oo 0 The February 15, 2017 agenda item is attached. 0 The proposed resolution will initiate the interim development ordinance to defer the approval of new private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits w (excluding applications proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a E U Packet Pg.4225 dwelling unit, and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim 21 development ordinance or when the comprehensive plan and land development code amendments 0 become effective, whichever comes first. a� x The resolution would take effect immediately upon adoption. 0 PREVIOUS RELEVANT BOCC ACTION: U 0 On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim Development Ordinance to not process comprehensive plan or land development code amendments, 0 development agreements (including 380 development agreements), and minor and major conditional uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and 0 possibly amend the comprehensive plan and land development code regarding the definitions of r_ dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. 0 CONTRACT/AGREEMENT CHANGES: CU n/a — STAFF RECOMMENDATION: Approval 2 DOCUMENTATION: D Resolution directing an IDO (Carruthers discussion item) Carruthers-Discussion item on IDO 2-15-17 0 m FINANCIAL IMPACT: 04 Ln Effective Date: 2- Expiration Date: Total Dollar Value of Contract: Total Cost to County: Q Current Year Portion: 04 oo Budgeted: Source of Funds: 0 CPI: Indirect Costs: a� Estimated Ongoing Costs Not Included in above dollar amounts: 04 Revenue Producing: If yes, amount: Grant: County Match: U Packet Pg.4226 Insurance Required: Additional Details: REVIEWED BY: Mayte Santamaria Completed 02/28/2017 9:20 AM a' Assistant County Administrator Christine Hurley Completed Oe 02/28/2017 9:38 AM U Steve Williams Completed 02/28/2017 2:55 PM 0 Jaclyn Carnago Completed 02/28/2017 3:01 PM Budget and Finance Skipped 02/27/2017 2:34 PM 0 Maria Slavik Skipped 02/27/2017 2:34 PM Kathy Peters Completed 02/28/2017 5:21 PM E Board of County Commissioners Pending 03/15/2017 9:00 AM 0 r- 0 0 CU 4- 0 2 CL CL N LO U L- CU CU oo r- 0 0 w U Packet Pg.4227 R.2.d COUNTY,MONROE FLORIDAur RESOLUTION NO. -2017 x 0 119 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF U COUNTY,MONROE PLANNING FLORIDA, DIRECTING THE MONROE COUNTY 0 PROCESS AN ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE DEVELOPMENTAPPLICATIONS FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 )' AND MINOR AND MAJOR CONDITIONAL USE PERMITS HOUSINGONLY AFFORDABLE ), WITH PROPOSED OCCUPANCY " OR "TWO UNRELATED 0 THEM"PEOPLE AND ANY CHILDREN RELATED TO EITHER OF OF A - DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM ," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW0 AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND > DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; IL "LOCK-OUT" DWELLINGOF A I Ln DEVELOPMENTOF THE EFFECTIVE DATE OF AN INTERIM OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES 04 Ln WHEREAS, the Board of County Commissioners of Monroe County, at a regular eeting on February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a tempor ary I- U CU moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the CU to "lock-out," due to pending legislation; Monroe County policies and regulations adopted in the Monroe County oo Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use r_ and development; and 0 WHEREAS, the Monroe County BOCC has identified and discusses concerns with the existing definitions in the County Comprehensive Plan and Land Development Code, including discussion of the undefined term of"lock-out;" and U Pagel of 3 Packet Pg.4228 R.2.d WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on use of"lock-outs" and this use was not discussed during the update process and further edits are needed to specifically address "lock-outs;" and WHEREAS, an ordinance addressing the interim time period between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and codeCn requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and 0 119 WHEREAS, staff has been directed to process an ordinance to ensure that no new private 2 applications will be processed for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, (excluding applications proposing only affordable housing dwelling units) with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out," 2 providing for expiration within 365 days of the effective date of an interim development ordinance or 0 when the comprehensive plan and land development code amendments become effective, whichever comes first. CU 4- 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS COUNTY: 2 Staff of the Monroe County Planning and Environmental Resources Department shall process an Cn interim development ordinance which defers the approval of applications, commencing March 15, 2017, of new private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of Ln them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code 2- regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of aCU dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, CU whichever comes first. oo r_ 0 0 Cn U Page 2 of 3 Packet Pg.4229 R.2.d PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15t'day of March 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy 0 119 BOARDOF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Y -- Mayor George Neugent 0 (SEAL) 0 0 ATTEST: KEVIN MADOK, CLERK CU 4- 0 DEPUTY CLERK MO O COUNTY ATTORNEY ®® C > AP K T® •k 0- � CL I. W"f,dAM ASSISTh►vT U L�N Tl( I j TT!RNEY Ln Date - 9� Ln U oo 9� N e 9� r- 0 0 N U Page 3 of 3 Packet Pg.4230 CU 4- 06 MONROE COUNTY, FLORIDA ORDINANCE 012 -2017 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY 0 APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING 0 ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED 2 OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK- OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING 0 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" U OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE - OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT 0 Cn CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. 04 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an 21 ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan CU or land development code amendments, development agreements (including 380 development I- V_ agreements), and minor and major conditional use permits (excluding applications proposing only Q affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 04 unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" and WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary co moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation; and U 2017-053 Page 1 of 3 Packet Pg.4231 R.2.e WHEREAS, Monroe County policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and CU WHEREAS, the Monroe County BOCC has identified and discusses concerns with the 06 existing definitions in the County Comprehensive Plan and Land Development Code, including discussion of the undefined term of"lock-out;" and WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are.silent on use of"lock-outs" and this use was not discussed during the update process and further edits are needed to specifically address "lock-outs;" and 0 WHEREAS, an ordinance addressing the interim time period between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code o requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of U unincorporated Monroe County,including the provision of public participation in the planning process; and WHEREAS, staff has been directed to process an interim development ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code 0 amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children - related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" 0 commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan Cn and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out," providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department shall defer the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of CU them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code co regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. U 2017-053 Page 2 of 3 Packet Pg.4232 R.2.e Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. CU Section 3. Severability. The provisions of this Ordinance are declared to be severable and if 06 any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning 0 Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). X Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land development regulation" as State law defines that term. This ordinance shall be filed in the Office of oe the Secretary of State of Florida, but shall not become effective until a notice is issued by the State U Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. — PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, -- 19th day of July 2017. Florida, at a regular meeting held on the y .� 0 Mayor George Neugent Yes a) Mayor Pro Tem David Rice Yes CU Cz ao Commissioner Danny L. Kolhage Yes ck: Ln a o Commissioner Heather Carruthers Yes ) tij Commissioner Sylvia Murphy Yes Lr � Ui- �2 oC-> BOARD OF COUNTY COMMISSIONERS o �a OF MONROE COUNTY, FLORIDA w � U� 04 4 , .. BY 5 Lk Mayor George Neugent CU -) MON OE COUNTY A RNEY Q TI .ST �KV'VIN MADOK, CLERK A V $TQ M:. U ASSIST^JT GO NTY ATTORNEY DEPUTY CLERK Date r Uj Q) U 2017-053 Page 3 of 3 Packet Pg.4233 R.2.e BOARD OF COUNTY COMMISSIONERS County of Monroe } �4�1 Mayor George Neugent,District 2 �iti ��b� Mayor Pro Tem David Rice,District 4 heFlorida Keys t� 4A' P"nq Danny L.Kolhage,District 1 Heather Carruthers,District 3 Sylvia J.Murphy,District 5cri County Commission Meeting 06 July 19, 2017 Agenda Item Number: 0.6 Agenda Item Summary #3144 0 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources a� TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305)289-2500 0 3:00 PM U AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County Commissioners to defer the approval of new applications or received applications that have not been 0 fully approved for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units), with proposed occupancy 0 by "three unrelated people" or "two unrelated people and any children related to either of them" of a a) dwelling unit, and applications utilizing the term "lock-out," commencing March 15, 2017, until the CU BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a 0 dwelling unit; providing for expiration within 365 days of the effective date of an interim T development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the 0 State Land Planning Agency and the Secretary of State; providing for an effective date. 04 ITEM BACKGROUND: On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive i Plan. CU Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Q Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was a) complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The U CU Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. 0 co Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. ae This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final Packet Pg.4234 R.2.e Order would have become effective 21 days after publication in the Florida Administrative Register unless a petition was timely filed. The Land Development Code would have become effective on 2. August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the E DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- 4- 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. a� The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land Development Code included definitions which were amended with the adoption of the new code in April 2016. Neither document includes a definition of"lock-out." a� X The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in a�' Key West, Florida, directed staff to impose a temporary moratorium upon certain development 0 applications proposing occupancy by "three unrelated people" or "two unrelated people and any U children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending 0 legislation. 0 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular -- meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have 0 not been fully approved, commencing March 15, 2017, for comprehensive plan or land development a) code amendments, development agreements (including 380 development agreements), and minor r_ and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and 0 any children related to either of them" of a dwelling unit, and applications utilizing the term "lock- out." c.> PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners on February 15, 2017, directed staff to impose a temporary Q moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing 21 the term "lock-out," due to pending legislation. CU The Board of County Commissioners adopted Resolution 087-2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new Q applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including Q 380 development agreements), and minor and major conditional use permits (excluding applications U proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated CU people" or "two unrelated people and any children related to either of them" of a dwelling unit, and 10 applications utilizing the term "lock-out." 0 CONTRACT/AGREEMENT CHANGES: n/a U Packet Pg.4235 R.2.e STAFF RECOMMENDATION: Approval 21 DOCUMENTATION: 06 dwelling unit- IDO - ORDINANCE dwelling unit-IDO staff report BOCC Definitions IDO BOCC Agenda Item- IDO 3-15-17 Resolution 087-2017_dwelling units FINANCIAL IMPACT: 0 Effective Date: X Expiration Date: 0 Total Dollar Value of Contract: U Total Cost to County: 0 Current Year Portion: Budgeted: 0 Source of Funds: -- CPI: Indirect Costs: 0 Estimated Ongoing Costs Not Included in above dollar amounts: a) CU Revenue Producing: If yes, amount: Grant: 0 County Match: T Insurance Required: Additional Details: 04 21 REVIEWED BY: Mayte Santamaria Completed 06/26/2017 3:31 PM Christine Hurley Completed 06/26/2017 4:53 PM Crj Steve Williams Completed 06/27/2017 8:42 AM V- Jaclyn Carnago Completed 06/27/2017 11:42 AM Budget and Finance Skipped 06/26/2017 3:31 PM Q Maria Slavik Skipped 06/26/2017 3:31 PM U Mayte Santamaria Completed 06/27/2017 4:49 PM CU Kathy Peters Completed 06/28/2017 12:17 PM 10 Board of County Commissioners Pending 07/19/2017 9:00 AM 0 co U Packet Pg.4236 MEMORANDUM cri MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 06 To: Monroe County Planning Commission From: Mayte Santamaria, Senior Director of Planning & Environmental Resources 0 Date: June 26, 2017 x a) Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR � RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR U COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, 0 DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS 0 (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN 0 RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND U APPLICATIONS UTILIZING THE TERM "LOCK-OUT," COMMENCING MARCH CU 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING 0 THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM m DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, Q WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 21 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. CU Meeting: July 19, 2017 Q r I. REQUEST 0 The Monroe County Planning & Environmental Resources is proposing an interim development CU ordinance (IDO) to defer the deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development co agreements), and minor and major conditional use permits (excluding applications proposing W only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." 1 of 3 File 42017-053 Packet Pg.4237 R.2.e II. BACKGROUND INFORMATION On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. CU 06 Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment = transmittal was complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. g Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. X This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final 2 Order would have become effective 21 days after publication in the Florida Administrative 0 Register unless a petition was timely filed. The Land Development Code would have become effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, 0 challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130-165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on U February 3, 2017. CU The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land 0 Development Code included definitions which were amended with the adoption of the new code in April 2016. Neither document includes a definition of"lock-out." 0 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development Q applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 21 pending legislation. CU The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land a) development code amendments, development agreements (including 380 development CU agreements), and minor and major conditional use permits (excluding applications proposing only affordable housingdwelling units); with proposed occupancy b "three unrelated people" or "two 0 g )� p p p y y p p 0 unrelated people and any children related to either of them" of a dwelling unit, and applications co utilizing the term "lock-out." On April 26, 2017, the subject file was reviewed by the Development Review Committee. U On May 31, 2017, the subject file was reviewed by the Planning Commission. 2of3 File 42017-053 Packet Pg.4238 R.2.e III. STAFF RECOMMENDATION Staff recommends approval of the proposed interim development ordinance. 21 The interim development ordinance provides a period of time between the current adopted CU comprehensive plan and land development code and the adoption of any new amendment(s) [new 06 definitions and/or other code requirements] to ensure that the amendments are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process. _ a� IV. EXHIBITS g 1. BOCC Agenda item x 0 U 0 a) U r- CU 0 T a� 21 CU a� r a) U r- CU co U 3 of 3 File 42017-053 Packet Pg.4239 2 x z 0 3 MONROE COUNTY,FLORIDA U 4 ORDINANCE NO. 018 -2018 5 6 0 7 AN ORDINANCE ,BY THE MONROE COUNTY BOARD OF COUNTY 8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE 9 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012- 10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW 11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN _ 12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND 13 DEVELOPMENT CODE AMENDMENTS, .DEVELOPMENT AGREEMENTS 14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND a) 15 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS CU 16 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH 17 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO 0 18 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF 19 BEM"OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM 20 "LOCK-OUT,":COMMENCING OCTOBER 27, 2018, UNTIL THE BOCC CAN 21 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND00 22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING 04 Ln 23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" 24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS 25 OF THE'EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE CU 27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; 00 28 PROVIDING ,FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO 29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 00 30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018-.090) Q) 31 32 Crj 33 34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an 36 ordinance to impose a temporary moratorium deferring the approval of new applications or received 37 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan 38 or land development code amendments, development agreements (including 380 development U File 2018-090 Page 1 of 4 Packet Pg.4240 R.2.f I agreements), and minor and major conditional use permits (excluding applications proposing only 2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 3 unrelated people and any children related to either of them" of a dwelling unit, and applications 4 utilizing the term"lock-out;" and 0 5 6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on 7 February 5, 2017 in Key West,Florida, passed a motion to direct staff to impose a temporary moratorium 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated U 9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 0 10 to pending legislation; and 11 12 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 19`h 13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium a) 14 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated W 15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 16 to pending legislation; and 17 18 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 0 19 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of U 20 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and CU 21 development; and 0 22 en 23 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing 24 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the 25 undefined term of "lock-out;" and 00 26 Ln 27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on 28 use of "lock-outs" and this use was not discussed during the update process and further edits are needed 29 to specifically address "lock-outs;" and 30 31 WHEREAS, an ordinance addressing the interim time period between the current adoptedCU 32 comprehensive plan and land development code and the adoption of any new amendment(s) [new 33 definitions and/or other code requirements] is necessary to ensure that any new definitions and code 00 34 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of 35 unincorporated Monroe County, including the provision of public participation in the planning process; CU 36 and 37 le 38 WHEREAS, an extension to the temporary moratorium deferring the approval of new 39 applications or received application that have not been fiilly approved, commencing October 27,2018, 40 for comprehensive plan or land development code amendments, development agreements (including 41 380 development agreements), and minor and major conditional use permits (excluding applications 42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated File 2018-090 Page 2 of 4 Packet Pg.4241 1 people" or "two unrelated people and any children related to either of them" of a dwelling unit, 2 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings, 3 and prepare and adopt an amendment or amendments to the Land Development Code and the 4 Comprehensive Plan; and 0 5 6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC) 7 reviewed the proposed interim development ordinance; and 8 U 9 WHEREAS,at a regularly scheduled meeting held on July 25,2018,the Monroe County Planning 10 Commission held a public hearing for the purpose of considering the proposed interim development 11 ordinance and provided for public comment; and 12 13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-18 14 recommending approval of the proposed interim development ordinance; and 15 16 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens -- 17 of Monroe County. E 18 0 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 20 OF MONROE COUNTY: CU 21 0 22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. T 23 24 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental 25 Resource Department shall defer the approval of new applications or received applications that have not 00 V_ 26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code 04 Ln 27 amendments, development agreements (including 380 development agreements), and minor and major 28 conditional use permits (excluding applications proposing only affordable housing dwelling units); with 29 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to 30 either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing October CU 31 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development 00 V_ 32 code regarding the definitions of dwelling unit;household; family and the undefined term "lock-out" of a 00 33 dwelling unit; providing for expiration within 365 days of the effective date of an interim development 34 ordinance or when the comprehensive plan and land development code amendments become effective, a) 35 whichever comes first. CU 36 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless 0 37 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption 38 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this 39 Ordinance extend beyond 365 days from the effective date of this ordinance. 40 File 2018-090 Page 3 of 4 Packet Pg.4242 1 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 4 invalid or unconstitutional. 5 6 SECTION 5: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land 7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). oe U 8 2 9 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon _ 10 filing with the Florida Department of State. 11 0 ° 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 13 regular meeting of the Board held on the 15 th day of;.I L, August , 2018. 14 15 16 Mayor David Rice, District 4 Yes 17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes 0 18 Danny L. Kolhage, District 1 Yes 3 �: . U 19 George Neugent, District 2 Yes - ��.. ' ;- � rw- 20 Heather Carruthers, District 3 Yes C)m rrt;; 2 .z; 2 U) 23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONS 24 OF MONROE COUNTY, FLORIDA cr 00 26 CW, By: 27 Mayor Dav iceLn °' y:. 2 ) 1 4g o9N�,g MO COUNTY ATTQ1 a CU 00 ASSla,I A 1"CO N I'�'A OiiNEY Onto_— 73d/( 00 a) U CrJ File 2018-090 Page 4 of 4 Packet Pg.4243 R.2.f County of Monroe BOARD OF COUNTY COMMISSIONERS �r Mayor David Rice,District 4 Mayor Pro Tem Sylvia J.Murphy,District 5 The Florida Keys �{t ��( Danny L.Kolhage,District 1 '10 George Neugent,District 2 k Heather Carruthers,District 3 County Commission Meeting August 15, 2018 Agenda Item Number: R.4 Agenda Item Summary #4251 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 2 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County Commissioners extending an interim development ordinance for an additional 365 days to defer the a� approval of new applications or received applications that have not been fully approved them regarding "lock-out" units commencing October 27, 2018, until the BOCC can review and possibly 0 amend the comprehensive plan and land development code regarding the definitions of dwelling a) unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for CU expiration within 365 days of the effective date of an interim development ordinance or when the 10 comprehensive plan and land development code amendments become effective, whichever comes 0 first; providing for severability; providing for transmittal to the State Land Planning Agency and the T Secretary of State; providing for an effective date. 0 ITEM BACKGROUND: 00 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular Q meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to Ln impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land , development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only CU affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 00 unrelated people and any children related to either of them" of a dwelling unit, and applications Q utilizing the term "lock-out." 00 Q a) At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development U CU Ordinance 012-2017 implementing the moratorium described above. This ordinance is due to expire on October 27, 2018, if the relevant Comprehensive Plan and Land Development Code amendments 2 are not adopted and effective before that date. Staff is working on BOCC directed amendments related to the development of dwelling units utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization U Packet Pg.4244 of hurricane impact related building permits and development orders, an extension to the interim development order is appropriate. At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the 0 proposed interim development Ordinance and recommended approval through Resolution P20-18. a� x PREVIOUS RELEVANT BOCC ACTION: oe The BOCC on February 15, 2017, directed staff to impose a temporary moratorium upon certain U development applications proposing occupancy by "three unrelated people" or "two unrelated people 0 and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. r_ 0 The BOCC adopted Resolution 087-2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development 0 agreements), and minor and major conditional use permits (excluding applications proposing only -- affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications 0 utilizing the term "lock-out." a) CU The BOCC adopted interim development Ordinance 012-2017 on July 19, 2017. 0 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval 00 V_ N Ln DOCUMENTATION: 2018-090_Staff Report a, Ex.1.Ord-012-2017 Ex.2 Reso P.20-18 CU Stamped_Ordinance 00 V_ 04 FINANCIAL IMPACT: 00 Q Effective Date: r_ CU Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: E Source of Funds: Packet Pg.4245 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: 0 Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: oe U 2 Additional Details: 0 REVIEWED BY: a Emily Schemper Completed 07/27/2018 10:38 AM Steve Williams Completed 07/27/2018 3:16 PM Jaclyn Carnago Completed 07/30/2018 11:28 AM 0� Assistant County Administrator Christine Hurley Completed 07/30/2018 3:55 PM Budget and Finance Completed 07/30/2018 5:04 PM 0 Maria Slavik Completed 07/31/2018 7:28 AM Kathy Peters Completed 07/31/2018 8:24 AM r- Board of County Commissioners Pending 08/15/2018 9:00 AM ��- 0 T 00 - N Ln CU 00 - 00 V- a) U r- CU U Packet Pg.4246 F ' rl° a � �RN MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT X To: Monroe County Board of County Commissioners 0 U Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental Resources 0 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager a� x Date: July 24, 2018 i Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 012-2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY U APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODECU AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE Cn PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN m RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS 00 UTILIZING THE TERM "LOCK-OUT," COMMENCING OCTOBER 27, 2018, UNTIL N Ln THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK- OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE ORCU WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 00 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND V_ PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN a) EFFECTIVE DATE. (File 2018-090) CU Meeting: August 15, 2018 I. REQUEST The Monroe County Planning&Environmental Resources is proposing an extension to the interim development ordinance (IDO) to defer the approval of new applications or received applications C File No. 2018-090 Page 1 of 3 Packet Pg.4247 that have not been fully approved, commencing October 27, 2018, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." 0 On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. Staff is seeking X an extension to the IDO. 0 U IL BACKGROUND INFORMATION On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. x Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. 0 a> U Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. CU This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, TO 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative Cn Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final Order would have become effective 21 days after publication in the Florida Administrative Register unless a petition was timely filed. The Land Development Code would have become effective on m August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the 00 DEO Final Order. On November 22, 2016,the BOCC adopted an ordinance amending Section 130- N Ln 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. ' The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land CU Development Code included definitions which were amended with the adoption of the new code in 00 April 2016. Neither document includes a definition of"lock-out." 00 V_ The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 a, in Key West, Florida, directed staff to impose a temporary moratorium upon certain development CU applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 0 pending legislation. The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to as E impose a temporary moratorium deferring the approval of new applications or received application U File No. 2018-090 Page 2 of 3 Packet Pg.4248 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 3: unrelated people and any children related to either of them" of a dwelling unit, and applications 21 utilizing the term "lock-out." 0 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development X Ordinance 012-2017 implementing the moratorium described above. This ordinance is due to expire on October 27,2018, if the relevant Comprehensive Plan and Land Development Code amendments oe are not adopted and effective before that date. U 0 Staff is working on BOCC directed amendments related to the development of dwelling units utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization of hurricane impact related building permits and development orders, an extension to the interim development order is appropriate. a� Development Review Committee and Public Input At a regular meeting held on June 26,2018,the Development Review Committee(DRC)considered 0 the proposed interim development Ordinance and provided for public comment. Planning Commission 0 At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the U CU proposed interim development Ordinance and recommended approval through Resolution P20-18. 0 T III. STAFF RECOMMENDATION Staff recommends approval of the proposed extension to the interim development ordinance. 00 V_ The interim development ordinance provides a period of time between the current adopted Ln comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] to ensure that the amendments are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process. CU 00 Staff is working on BOCC directed amendments related to the development of dwelling units V_ utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization 00 of hurricane impact related building permits and development orders, an extension to the interim Q development order is appropriate. a) r_ CU IV. EXHIBITS 1. Ordinance 012-2017 2. Planning Commission Resolution P20-18 E U File No. 2018-090 Page 3 of 3 Packet Pg.4249 R.2.g ° 1 2 _ 3 0 4 ur 5 6 MO OE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMSSIONERS 8 ORDINANCE NO.027--2019 he he 9 10 _ 11 AN ORDINANCE BY THE MONOE COUNTY BOARD OF COUNTY 12 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE 13 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012- 14 2017, AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN 15 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW04 16 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN 17 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LA 18 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS 19 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND 0 20 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS CU 21 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH 22 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" O "TWO 0 23 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF Cn 24 THEM" OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM 25 "LOCK-OUT," COMMENCING OCTOBER 27, 2019, UNTIL THE BOCC CAN 26 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND .27 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING 28 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" 29 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS 30 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 31 OR WHEN THE CO NSIVE PLAN AND LAND DEVELOPMENT CODE 32 AMENDMENTS ECO EFFECTIVE, WHICHEVER COMES FIRST; 04 33 PROVIDING FOR SEVE BILITY; PROVIDING FOR TRANSMITTAL TO 34 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 04 35 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-081) Crj 36 37 38 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087 Ln - 40 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an 41 ordinance to impose a temporary moratorium deferring the approval of new applications or received 42 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan 43 or land development code amendments, development agreements (including 380 development Ord. 027 -2019 Page 1 of 4 File 2019-081 Packet Pg.4250 R.2.g 06 ° 1 agreements), and minor and major conditional use permits (excluding applications proposing only 2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 3 unrelated people and any children related to either of them" of a dwelling unit, and applications 4 utilizing the term Iock--out;" and 5 6 WHEREAS, the Monroe County ]Board of County Commissioners, at a regular meeting on 7 February 5,2017 in Key West,Florida,passed a motion to direct staff to impose a temporary moratorium 0 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated U 9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 10 to pending legislations and 11 0 12 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 19`�` m 13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium 14 upon certain development applications proposing occupancy by "three unrelated people"or"two unrelated 15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 16 to pending legislation; and 17 18 'WHEREAS, the Board of County Commissioners of Monroe County,at a regular meeting on 2811 19 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary a) 20 moratorium upon certain development applications proposing occupancy by "three unrelated people" or CU 21 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term 22 "lock-out," due to pending legislation; and o T 23 24 WHEREAS, Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant 25 Comprehensive Plan and Land Development Code amendments are not adopted and effective before that 26 date; and 27 04 28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 21 30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 31 development; and CU 32 04 33 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing 34 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the 35 undefined term of"lock-out;" and CU '36 37 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on 0 38 use of"lock-outs" and this use was not discussed during the update process and further edits are needed Ln 39 to specifically address "lock-outs;" and 40 41 WHEREAS, an ordinance addressing the interim time period between the current adopted 42 comprehensive plan and land development code and the adoption of any new amendment(s) [new CU Ord. 027._-2019 Page 2 of File 2019-081 Packet Pg.4251 R.2.g 06 e, 1 definitions and/or other code requirements) is necessary to ensure that any new definitions and code 2 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of 21 3 unincorporated Monroe County, including the provision of public participation in the planning process; 0 4 and 5 6 WHEREAS, an extension to the temporary moratorium deferring the approval of new 7 applications or received application that have not been fully approved,commencing October 27,2019, he c 8 for comprehensive plan or land development code amendments, development agreements (including U 9 380 development agreements), and minor and major conditional use permits (excluding applications 10 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated 11 people" or "two unrelated people and any children related to either of them" of a dwelling unit, 12 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings, 13 and prepare and adopt an amendment or amendments to the Land development Code and the 14 Comprehensive Plan; and 15 16 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC) 17 reviewed the proposed interim development ordinance; and. 18 19 WHEREAS, at a regularly scheduled meeting held on June 26 2019, the Monroe 0 20 County Planning Commission held a public hearing for the purpose of considering the proposed interim CU 21 development ordinance and provided for public comment; and 22 0 23 WHEREAS, the Monroe County Planning Commission adopted Resolution No.—l 9 24 recommending approval of the proposed interim development ordinance; and 25 26 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 27 of Monroe County. 04 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMSSIONERS 21 30 OF MONROE COUNTY: 31 CU 32 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. 33 34 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental a) 35 Resource Department shall defer the approval of new applications or received applications that have not CU 36 been fully approved, commencing October 27, 2019, for comprehensive plan or land development code 37 amendments, development agreements (including 380 development agreements), and mirror and major 0 38 conditional use permits (excluding applications proposing only affordable housing dwelling units); with Ln 39 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to 40 either of them" of a dwelling Unit, and applications utilizing the term "lock-out;" commencing October 41 2-7, 2019, until the BOCC can review and possibly amend the comprehensive plan and land development 42 code'regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a CU Ord. 027 -2019 Page 3 of 4 File 2019-081 Packet Pg.4252 R.2.g 06 i dwelling units providing for expiration within 365 days of the effective date of an interim development 2 ordinance or when the comprehensive plan and land development code amendments become effective, 3 whichever comes first. 0 4 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless 5 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption 6 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this he e U 7 Ordinance extend beyond 365 days from the effective date of this ordinance. 8 9 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or 0 10 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 11 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 12 invalid or unconstitutional. 13 04 14 SECTIONS: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land 15 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 16 0 17 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon a) 18 filing with the Florida Department of State. CU 19 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, e Cn 21 at a regular meeting held on the 17th day of July, 2019. 22 23 Mayor Sylvia Murphy Yes 24 Mayor Pro Tern Danny L. Kolhage Yes 25 Commissioner Heather Carruthers Yes 26 Commissioner Michelle Coldiron Yes 27 Commissioner David Rice _C 28 F 29 BOARD OF COCrJ Ty COMMISSION rn Q 30 1 OF MONROE UN ORID r%,% 3104 32 BY - o 04 33 ''�•eow.. �� MAY R S LVIA URPHY :<: 34 (SE o 35CU 36 A T: I VIN MA OK, CLERK WONR 37 - AP 38 DEPUTY CLERKuJ �y pp��aa �y .. .03. 'yHf„" /Lr�eala-"Aritis IL 6 8 y A tw}��j U Ord. 021 -2019 Page 4 of 4 File 2019-081 Packet Pg.4253 R.2.g County of Monroe BOARD OF COUNTY COMMISSIONERS �r Mayor Sylvia Murphy,District 5 Mayor Pro Tern Danny Kolhage,District 1 06 The Florida Keys i # ,�( t �"' Michelle Coldiron,District 2 10 Heather Carruthers,District 3 v;°•'k '" David Rice,District 4 County Commission Meeting _ July 17, 2019 Agenda Item Number: P.5 Agenda Item Summary #5721 0 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 0 1:30 P.M. PUBLIC HEARING a� x AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the Monroe County Board of County Commissioners extending an interim development ordinance for an additional 365 days to defer the approval of new applications or received applications that have 0 not been fully approved them regarding "lock-out" units commencing October 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a 0 dwelling unit; providing for expiration within 365 days of the effective date of an interim U development ordinance or when the comprehensive plan and land development code amendments CU become effective, whichever comes first; providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. 0 ITEM BACKGROUND: The Monroe County Planning & Environmental Resources is proposing an extension to the interim m development ordinance (IDO) to defer the approval of new applications or received applications that have not been fully approved, that initially established on July 19, 2017 through Ordinance 012- 2017 and extended through Ordinance 009-2018 for an additional 365 days for comprehensive plan or land development code amendments, development agreements (including 380 development 21 agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two CU unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. On August 18, a) 2018, the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for r_ an additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is seeking an extension to the IDO. 0 Ln The Planning Commission considered the proposed amendment at a regular meeting on June 26, 2019 and received public input. a) U Packet Pg.4254 R.2.g 06 PREVIOUS RELEVANT BOCC ACTION: At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development , Ordinance 012-2017 implementing the moratorium described above. On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the moratorium described above. a X Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant Comprehensive Plan and Land Development Code amendments are not adopted and effective before � that date. 0 CONTRACT/AGREEMENT CHANGES: n/a 0 STAFF RECOMMENDATION: Approval aXi DOCUMENTATION: 2019-081 BOCC SR 07.17.19 a� Ex.1.Ord-012-2017 Ordinance 018-2018 0 2019-081 Ordinance DRAFT U CU FINANCIAL IMPACT: 0 Cn Effective Date: Expiration Date: m Total Dollar Value of Contract: Total Cost to County: 04 04 Current Year Portion: 21 Budgeted: Source of Funds: CPI: CU Indirect Costs: Q Estimated Ongoing Costs Not Included in above dollar amounts: 04 Revenue Producing: If yes, amount: a) Grant: CU County Match: Insurance Required: 0 Ln Additional Details: U Packet Pg.4255 R.2.g 06 REVIEWED BY: Cheryl Cioffari Completed 06/23/2019 3:57 PM Steve Williams Completed 06/24/2019 1:43 PM , Maureen Proffitt Completed 06/24/2019 1:54 PM Assistant County Administrator Christine Hurley Completed 06/25/2019 10:20 AM •2 Budget and Finance Completed 06/25/2019 10:30 AM a Maria Slavik Completed 06/25/2019 11:20 AM Kathy Peters Completed 06/25/2019 11:37 AM Board of County Commissioners Pending 07/17/2019 9:00 AM � 0 i 0 a) U r- CU 0 T 21 CU r a) U r- CU LO U Packet Pg.4256 H . 3 4 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 9 10 11 12 To: Monroe County Board of County Commissioners 13 0 14 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources U 15 16 Date: June 21, 2019 17 0 18 Subject: An ordinance by the Monroe County Board of County Commissioners extending an interim 19 development ordinance as initially established on July 19, 2017 through Ordinance 012- X 20 2017, and extended through Ordinance 009-2018, for an additional 365 days to defer the 21 approval of new applications or received applications that have not yet been fully approved 22 for Comprehensive Plan or Land Development Code amendments, Development 0 23 Agreements (including 380 Development Agreements), and minor and major conditional 24 use permits (excluding applications proposing only affordable housing dwelling units), 25 with proposed occupancy by "three unrelated people" or "two unrelated people and any 26 children related to either of them" of a dwelling unit, and applications utilizing the term U 27 "lock-out," commencing October 27,2019,until the BOCC can review and possibly amend CU 28 the Comprehensive Plan and the Land Development Code regarding the definitions of a 29 dwelling unit; household, family and the undefined term "lock-out" of a dwelling unit; 0 30 providing for expiration within 365 days of the effective date of this Interim Development 31 Ordinance or when the Comprehensive Plan and Land Development Code amendments 32 become effective, whichever comes first(File 2019-081) 0 m 33 34 Meeting: July 17, 2019 35 21 36 I. REQUEST 37 38 The Monroe County Planning & Environmental Resources is proposing an extension to the interim CU 39 development ordinance(IDO)to defer the approval of new applications or received applications that Q 40 have not been fully approved, that initially established on July 19, 2017 through Ordinance 012- 41 2017 and extended through Ordinance 009-2018 for an additional 365 days for comprehensive Q 42 plan or land development code amendments, development agreements (including 380 development U 43 agreements), and minor and major conditional use permits (excluding applications proposing CU 44 only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or TO 45 "two unrelated people and any children related to either of them" of a dwelling unit, and applications 0 Ln 46 utilizing the term "lock-out." >� 47 W 48 On July 19,2017,the BOCC adopted interim development Ordinance 012-2017. On August 18,2018, U SR BOCC 07.17.19 Page 1 of 4 File 9 2019-081 Packet Pg.4257 R.2.g I the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for an 06 2 additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is seeking 3 an extension to the IDO. 4 5 IL BACKGROUND INFORMATION 6 7 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 8 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive 9 Plan. 10 11 Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 oe 12 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity U 13 (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment 0 14 transmittal was complete and issued a notice of intent to find the amendment "in compliance" on 2 15 June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the r_ 16 posting of the Notice of Intent on the DEO Website on June 20, 2016. •0 17 18 Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. aai 19 This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, r_ 20 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative 041 21 Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final a 22 Order would have become effective 21 days after publication in the Florida Administrative Register 23 unless a petition was timely filed. The Land Development Code would have become effective on 24 August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the as 25 DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- r_ 26 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement CU 27 agreement and allowing the Monroe County Land Development Code to become effective. The 28 County's updated land development code became effective on February 3, 2017. Cn 29 30 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land 31 Development Code included definitions which were amended with the adoption of the new code in m 32 April 2016. Neither document includes a definition of"lock-out." as 33 04 34 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 V_ 21 35 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development 36 applications proposing occupancy by "three unrelated people" or "two unrelated people and any 37 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to CU 38 pending legislation. as 39 r 40 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular i 41 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to a) 42 impose a temporary moratorium deferring the approval of new applications or received application r_ 43 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land 44 development code amendments, development agreements (including 380 development 0 45 agreements), and minor and major conditional use permits (excluding applications proposing only "' 46 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two w 47 unrelated people and any children related to either of them" of a dwelling unit, and applications 48 utilizing the term "lock-out." E U SR BOCC 07.17.19 Page 2 of 4 File 9 2019-081 Packet Pg.4258 R.2.g I Staff is working on BOCC directed amendments related to the development of dwelling units 06 2 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization 3 of hurricane impact related building permits and development orders, an extension to the interim 4 development order is appropriate. 5 6 Community Meeting and Public Participation 7 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019 r_ 8 in Marathon to provide for public input. There were no members of the public in attendance. 9 10 Development Review Committee and Public Input 11 The Development Review Committee considered the proposed amendment at a regular meeting on 12 May 28, 2019 and received public input. U 13 14 Planning Commission and Public Input 15 The Planning Commission considered the proposed amendment at a regular meeting on June 26,2019 16 and received public input. g 17 18 Previous BOCC Action X a� 19 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development 20 Ordinance 012-2017 implementing the moratorium described above. 0i 21 0 22 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 23 moratorium described above. 24 0 25 Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant U 26 Comprehensive Plan and Land Development Code amendments are not adopted and effective before CU 27 that date. 28 Cn 29 III. STAFF RECOMMENDATION 30 31 Staff recommends approval of the proposed extension to the interim development ordinance. 32 33 The interim development ordinance provides a period of time between the current adopted QN 34 comprehensive plan and land development code and the adoption of any new amendment(s) [new 35 definitions and/or other code requirements] to ensure that the amendments are fully evaluated to 21 36 ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including 37 the provision of public participation in the planning process. CU 38 39 Staff is working on BOCC directed amendments related to the development of dwelling units N 40 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization N 41 of hurricane impact related building permits and development orders, an extension to the interim a) 42 development order is appropriate. r_ 43 r_ 44 45 IV. EXHIBITS L, 46 47 1. Ordinance 012-2017 48 2. Ordinance 018-2018 E U SR BOCC 07.17.19 Page 3 of 4 File 9 2019-081 Packet Pg.4259 R.2.g 1 3. Draft Ordinance 06 0 0 u 0 x i 0 a) u 0 Cn 21 r a) u Ln u SR BOCC 07.17.19 Page 4 of 4 File#2019-081 Packet Pg.4260