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Item R3 R.3 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.3 Agenda Item Summary #7337 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 approval of a resolution transmitting an ordinance by Monroe County Board of County Commissioners adopting amendments to the Monroe County 2030 Comprehensive Plan amending the Glossary to modify the definition of Accessory Use or Accessory Structure, modify the definition of Dwelling Unit, delete the definition of Family, modify the definition of Household, create a definition for kitchen, create a definition for Lock-out Unit, modify the definition of Transient Unit; create a definition for wet bar; and amending Policy 101.3.5 to address the term Lock-out Unit; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to and incorporation in the Monroe County Comprehensive Plan; providing for an effective date. (File 2019-098) ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is proposing amendments to the 2030 Comprehensive Plan Glossary and amending Policy 101.3.5. The Monroe County Year 2030 Comprehensive Plan became effective on June 20, 2016. The County's updated Land Development Code became effective on February 3, 2017. The previous 2010 Comprehensive Plan did not include any definitions, but a glossary was added with the 2030 update. The 2010 Land Development Code included definitions which were amended with the adoption of the updated Land Development Code. Both documents include a definition for family and household. Neither document includes a definition of"lock-out." In February 2017, the Board of County Commissioners 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. The BOCC discussed the use of a"lock-out" (a separate, independent living space) within a dwelling unit - for concerns with developing without a ROGO allocation and potentially circumventing density limitations. These discussions identified concerns that the use of "lock-outs" could/will Packet Pg.4261 R.3 create unintended impacts/consequences of additional units, vehicles, people and disturbances (noise complaints) and that the "lock-outs" are not in line with the state mandated Rate of Growth Ordinance (ROGO) process for maintaining hurricane evacuation clearance times. This discussion was a result of previous project approvals consisting the market-rate residential dwelling units, configured into "lockouts." To address the BOCC's direction on `lock-outs' and provide consistency with the existing, approved MOU between the County and Department of Community Affairs (DCA, now the Department of Economic Opportunity) that has been utilized since 1998, staff is recommending including the provisions of the MOU within the definition of"dwelling unit" to ensure that separate independent living areas are not created and creating a definition for "lock-out unit" to specify that lock-out units are separate independent living areas/habitable spaces and that will be considered a unit (dwelling unit and/or transient unit) which requires an additional ROGO allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or transient unit) when computing the allowable density on a site. Additionally, the BOCC directed staff to propose amendments to address applications with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit." Along with the proposed amendments to address "lock-out units," staff is proposing to delete the definition of"family," as the term does not appear to be utilized in the code (see exhibit 6 to the staff report) and does not appear necessary and because there isn't a consistently used definition of family that covers the diverse composition of families. Additionally, staff is proposing to amend the definition of"household" to simplify the definition. The proposed amendments should address the concerns of the BOCC regarding impacts/consequences of lock-outs and the additional units, vehicles, people and disturbances (noise complaints) and the creation of"lock-out units" that are not in line with the state mandated Rate of Growth Ordinance (ROGO)process for maintaining hurricane evacuation clearance times. Excerpts of proposed amendments: i Ocl o t briar J.n.eajas aces structu,re of rooni or 17uo1111 of roon-isof Goo tiori- of a...sipgl. fa_inil-y or inn ti..Ttatiiil el eili�t or tc err leiat r�.nrt ali.iclt crket�,te .e f��x to indeyendertt living area v,d.ii:clt can be accessed and locked or..._k�yed elmralaI fr•oni tt.�e: 1�rir� : lial entry to a residential chvell.irtg tmir, or ti acsresat unit...1 oc1� oin units create. a...eparate :i.ndt rendent laving area hab tabl .. .. .. . .... . °lt slirall:::...be considered a r7rt..t (�����elliiig unit art�i',.,or tiansjentu.ni � vdiic.tr.re��tiiie n additional. ROGO -iltocalion.:.....or ROGO e. engp,-1,.c)n at Zvi t be counted, is a fu t unit A e ltcng Breit a d or� transient iinit 3 �,v' ien con ptrllP3 g tire. `itlRo� ablf del�,J.t� o a site., Packet Pg.4262 Lhveffing Unit means one or more rooms physically arranged for occupancy by one liousehold sharing common living, a kitchen (cooking), and bathrooni tc4ket facilities. b�"'7elhng, units sh-,alt I ...........................................- ........................................... ...................................................................................... j..-iot inch.ide additiwaal dwelliti.g- unit.s. secoridary ........................................................................................................................................ .................................. eadet-a livinjr &i:ea tt-.�at are occi.[i.abitable stnjetures that Lir—at—e -ill-d-em....................................................................................................... xN ..J!.. allocarjori- or ROGO exei.n.rAton., In reviewing i.uaits or aiav orher ......................................... [.....a.....b......i..t...a.....b.......l..e..........s.....t..r....-a......c....t—..a....i..r....e. ....s........t...h....-..a....t.......c.....r.-...e.....a....T......- ......a........s.. narate indepeaderu jiv, I.ot cre'Ted th o...s....a.l jksparu)LNi7ith the follovim . ... Bldg, I ockable Un jock�--�b Ip S ............................................... ............................................................ Full 'VV& Full Half L�" Intemal Iriternal ............. ..............7 ............. .............. AflmveV Entrance - ....................................... ........................................ Kitchen 6 B zu, B athi Bath 9 .................................... ..................................................... ........................................... .......................... ................................ ................................ conn-cctlon C"),rin,Ction ............................................ ............................................. X NA NA X X NO .... ........... ............ ...... ............ X NA NA X NO .... ........... ............ ...... ............ C A C., ....... ............ X NA NA X X NO ....... ....... ...... X N-A I.Ijlk X X I.IM ....... .................. .................. ......... ........ .................. X NA NA X YES 10 X X X X NO ............ X X X X NO ............ X X X X X X X z YES X X X YES X X X YES X X X NO ........... ............................... X X X NO z z ............ X X X X z NO ............ X X X NO z ............ X z X X z X YES X X X z YES X X z YES X X X NO ........ ......... ........ .................. G e Eq t C: N of a I I-p 0 ss I b I e�I-r-q i �t ,-�Jgli��AJ'OT'Is �areisjio�v"n. As�a rule�ofth�urnb, if�iTi oplJon ..... ............................... ....... ............. -Wet bar I allal"-s a I j k. s if 1.11 :L then a k' arl in Aace of oi.-iii..--i,ddhion to a full,batE .......... ................................................................................................................................................................................................................... CC% 2= Attached or unattached accessoiy _loyin�ci 2al sua.rcture with no fiatei-nal coluiection to ................................................................................................ the suaictild'e. Ma, fillso be consicteled a lock-out un".1. ......................................................... ............... ADD. -:=Addition to p".,inci 2a,l stlaicture with an interrial. Colurectiola to prilic'l)at strucAuret -'Vlay Jere ...................................................................................................................... ............................................................................................................................................................................................................................................................ coti�..Jdered a todrotit i-init. .............. '7....................... -3 el),vate ei fra.�ac eiitinuze nclud'ng slidjug Ldass doors. A sr).e c i a I be inade if ..... ......... ..... ........ Mar,Te elural".C stlaf] 11CIT rea' flae eral-alice is HI-to a.a]. el.'I.Closed cotu.�h'ard or ool nrea. 'Ile separate entrance -sh.all �I.c-jt Create 10611�.Moutr ................................................................................................................................................................................................................. ol-s 1 1111 A"' Secon d iabltabte structure,,.w that create a ................... ................. r.jq�lqjiving........area, ............... .............. 4. A lockable Interpal.cotineenop exists when elther hou�eh.old can lock out the ................................................................................................................................................................................................................................................................................................................................................ 5...........A....n... iiloc...k.abe in.tertia...l...C. onne.c..t..io exists""h.e. �Ie. :xu' C-anaot exc]IIde fltae othel IA .... ..... .. ...... ...... n ..... ...n .u:ti 'S al C-011nectlor I a riot lct�ule II enla U.2 .11ock.9b1c ritetnal coiuiecl'o.n, A door 01, 1 ali iuilockable 'titernal co�n.necflotl. To I............ ......................................!w............. ...............................U.,............. .............................. be an utdockible i.ntetnal co�,.ui.ectjoti,,the cased b 42 inches or�i-.i-ore iTa width.. .............................................................................................................................................................................................. ...........................I............. ................................................................. I Packet Pg.4263 ....................................................................................................................................................................................................................­................................................................................................................................................. 6. A. full 1.,-J'tq11.q�:Js_�,Iq_y fi.)od lJoya than a Avet bar, PhInAing 'stub shall. be .................................................................. ........ ------ ................................ ....... considered a kitchen, ............................................................................................................................ 7� 'A vvet bar is a food or dri.1131 feet ............................................................................................................................... tare lr g a stak lx'th design. fin-i'tations of one b'n an-d 1'rilited to onle (1) � s1, W ith ............................................... �................ 4"limited to 110 Volt service. 8_A frill bath ccintains., at a minlmiun, a sank. to let and bath or shower, A. half t,,ath, at a inax,111.11.11111 11,111111wr ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... qonta'n.a toilet and a dnk. ............... .............i....................................................... 9. YES-=n de'Velop uent ptv� 11,lay nt bt )pro-ved. .................................................................. .............................. NO de ,=elopliierit prc_)0sa1'r(d1esi1Pn shall not be Lv roved, ................................................................. .............................. --------------------- 10. 1, . a restrictive covenant, linitting the chN-ellIng unit to o I r bV a sinr ousehold servina_Rq�qllftes 21eh.................................................................. ...................................................................... ls� .......... OIJ .....1......k.-.o..ijt... ....cond ]_�,,_,q, _a A)—,e—ITI—aa-11—e_TI t—'—'e_�i Ad_el I A i A L I—111—i t_- r_rCJmq,,i,51 1- 21,191.g S-�t e ,0 C units. Laiest units, dornaitor�,l or a.IIN, other J.-Labitat-4e structures that cIea,te a s et [el t IV 1( 1 i i112 area ....................................................................... ............ A x nil d inde)eridept lro u�_-Iwldq. . ------------j_ ftft�in# -e ff nd4eilet ffteAttie,,,� Et-sr I, fi-f 4he+--n-. Household iiieaiis all the people -who occuIpy a we d .........11ing ................ ...... ffiay� s" F he,�_" __447 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. Packet Pg.4264 R.3 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: 2019-098 Transmittal_Reso_CP Lock-out_with Ex A_signed 2019-098 ORDINANCE CP Lock-out BOCC 2019-098_SR_BOCC_CP_Lock-out_Family 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 Ex. 6 search results of the term FAMILY Ex. 7 Feb 19 1998 BOCC AIS and MOU with DCA_accessory vs additions FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: n/a Additional Details: Packet Pg.4265 R.3 REVIEWED BY: Emily Schemper Completed 09/28/2020 12:45 PM Assistant County Administrator Christine Hurley Completed 09/29/2020 11:05 AM Derek Howard Completed 09/30/2020 4:56 PM Purchasing Completed 09/30/2020 5:02 PM Budget and Finance Completed 10/02/2020 8:16 AM Maria Slavik Completed 10/02/2020 10:25 AM Liz Yongue Completed 10/02/2020 12:10 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg.4266 2 �'t/ �� a°i 0 co 3l` 00 4 a � r r 5 ��F 6 7 MONROE COUNTY, FLORIDA 8 BOARD OF COUNTY COMMISSIONERS U 9 RESOLUTION NO. -2020 10 11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS TRANSMITTING TO THE STATE LAND 13 PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY 14 BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS 15 TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN 16 AMENDING THE GLOSSARY TO MODIFY THE DEFINITION OF E 17 ACCESSORY USE OR ACCESSORY STRUCTURE, MODIFY THE t? 18 DEFINITION OF DWELLING UNIT, DELETE THE DEFINITION OF 19 FAMILY, MODIFY THE DEFINITION OF HOUSEHOLD, CREATE A 20 DEFINITION FOR KITCHEN, CREATE A DEFINITION FOR LOCK- '? 21 OUT UNIT, MODIFY THE DEFINITION OF TRANSIENT UNIT; 22 CREATE A DEFINITION FOR WET BAR; AND AMENDING POLICY 23 101.3.5 TO ADDRESS THE TERM LOCK-OUT UNIT; PROVIDING FOR 24 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING T 25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE 26 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; w 27 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE 28 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN 29 EFFECTIVE DATE. (FILE 2019-098) 30 U 31 32 WHEREAS, the Monroe County Board of County Commissioners conducted a public CL 33 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review 01 34 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, 35 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 36 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 37 Year 2030 Comprehensive Plan as described above; and E 38 39 WHEREAS, the Monroe County Planning Commission and the Monroe County Board 00 40 of County Commissioners support the requested text amendment; a) Q 41 42 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 04 43 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 44 E U Resolution No. -2020 Page 1 of 2 File 2019-098 Packet Pg.4267 45 Section 1. The Board of County Commissioners does hereby adopt the recommendation of 46 the Planning Commission to transmit the draft ordinance, attached as Exhibit A, 00 47 for adoption of the proposed text amendment. 48 49 Section 2. The Board of County Commissioners does hereby transmit the proposed 50 amendment to the State Land Planning Agency for review and comment in 51 accordance with the State Coordinated Review process pursuant to Section o 52 163.3184(4), Florida Statutes. o 53 } 54 Section 3. The Monroe County staff is given authority to prepare and submit the required a 55 transmittal letter and supporting documents for the proposed amendment in -a 56 accordance with the requirements of Section 163.3184(4), Florida Statutes. 57 ca 58 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 59 resolution to the Director of Planning. Q. 60 E a 61 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, �? 62 Florida, at a regular meeting held on the 21"day of October 2020. 63 0 64 Mayor Heather Carruthers y 65 Mayor Pro Tem Michelle Coldiron 66 Commissioner Craig Cates -a 67 Commissioner David Rice a� T 68 Commissioner Sylvia Murphy 69 x 70 71 BOARD OF COUNTY COMMISSIONERS 72 OF MONROE COUNTY, FLORIDAi 73 0 74 BY v 75 MAYOR HEATHER CARRUTHERS 0 76 U 77 (SEAL) a� 78 79 ATTEST: KEVIN MADOK, CLERK 80 81 AS DEPUTY CLERK 82 8300 i3F[S)1\11 4E1{]F N 10/06/2020 L V ar ar Resolution No. -2020 Page 2 of 2 File 2019-098 Packet Pg.4268 Exhibit A to Transmittal Resolution 1 3 o® � i rat f co 4 r Q 5 6 MONROE COUNTY, FLORIDA —�- 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 0 9 ORDINANCE NO. -2020 0 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE 13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY 14 TO MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY 15 STRUCTURE, MODIFY THE DEFINITION OF DWELLING UNIT, 16 DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION 17 OF HOUSEHOLD, CREATE A DEFINITION FOR KITCHEN, CREATE A 0 18 DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF 0 19 TRANSIENT UNIT; CREATE A DEFINITION FOR WET BAR; AND 20 AMENDING POLICY 101.3.5 TO ADDRESS THE TERM LOCK-OUT g 21 UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 22 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL 23 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 24 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION 25 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING ' 26 FOR AN EFFECTIVE DATE. (FILE 2019-098) 27 W 28 29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida 30 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 0 31 health, safety, and welfare of the County's citizens; and U 32 —J CL 33 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting 34 on February 15, 2017 in Key West,Florida, directed staff to impose a temporary moratorium upon 0� 35 certain development applications proposing occupancy by "three unrelated people" or "two 36 unrelated people and any children related to either of them" of a dwelling unit or utilizing the term 37 "lock-out," due to pending legislation; and 38 ai 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 2 40 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to 00 41 process an ordinance to impose a temporary moratorium deferring the approval of new Q 42 applications or received application that have not been fully approved, commencing March 15, 43 2017, for comprehensive plan or land development code amendments, development agreements 04 44 (including 380 development agreements), and minor and major conditional use permits 45 (excluding applications proposing only affordable housing dwelling units); with proposed Ec 46 occupancy by "three unrelated people" or "two unrelated people and any children related to either U 47 of them" of a dwelling unit, and applications utilizing the term "lock-out"; and Ordinance No. -2020 Page 1 of 8 File 2019-098 Packet Pg.4269 Exhibit A to Transmittal Resolution 1 2 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 3 on July 19, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary co 4 moratorium upon certain development applications proposing occupancy by "three unrelated 5 people" or "two unrelated people and any children related to either of them" of a dwelling unit or Q 6 utilizing the term "lock-out," due to pending legislation; and T 7 8 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 0 9 on August 28, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 0 10 moratorium upon certain development applications proposing occupancy by "three unrelated 11 people" or "two unrelated people and any children related to either of them" of a dwelling unit or E 12 utilizing the term "lock-out," due to pending legislation; and 13 E 14 WHEREAS, Ordinance 018-2018 extended the moratorium through October 27, 2019; 15 and L 16 CL 17 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 0 18 on July 17, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary 19 moratorium upon certain development applications proposing occupancy by "three unrelated 7 20 people" or "two unrelated people and any children related to either of them" of a dwelling unit or g 21 utilizing the term "lock-out," due to pending legislation; and 22 23 WHEREAS, Ordinance 027-2019 extended the moratorium through November 8, 2020; 24 and T 25 WI 26 WHEREAS, the Staff is working on BOCC directed amendments related to the < 27 development of dwelling units utilizing the term "lock-out" and to an extension to the interim 28 development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and 29 Land Development Code to add such County regulatory provisions (as necessary) is adopted and 30 becomes effective, whichever comes first; and 0 31 U 32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 33 Comprehensive Plan and Land Development Code are to maintain public health, safety, and c� 34 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 0� 35 manage land use and development; and 36 ca 37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 38 considered the proposed amendments at a regularly scheduled meeting held on July 21, 2020; and 39 40 WHEREAS, at a regularly scheduled meeting held on September 23, 2020 the Monroe 00 - 41 County Planning Commission held a public hearing for the purpose of considering the proposed Q 42 amendment and provided for public comment; and Q 43 44 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-20 45 recommending approval for the proposed amendment, with direction for staff to address, within E 46 the matrix included in the dwelling unit definition, the scenario of a separate entrance without a U 47 lockable internal connection; and Ordinance No. -2020 Page 2 of 8 File 2019-098 Packet Pg.4270 Exhibit A to Transmittal Resolution 1 2 WHEREAS, the Monroe County Board of County Commissioners is authorized by 3 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business co 4 regulations as are necessary for the protection of the public; and 5 6 WHEREAS, at a regularly scheduled meeting held on October 21, 2020, the Monroe ' 7 County Board of County Commissioners held a public hearing, considered the staff report, and 8 provided for public comment and public participation in accordance with the requirements of state 0 9 law and the procedures adopted for public participation in the planning process; and 0 10 11 WHEREAS,at the October 21,2020,public hearing,the BOCC adopted Resolution - E 12 2020, transmitting the proposed text amendment to the State Land Planning Agency; and 13 E CU 14 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 15 Objections, Recommendations and Comments (ORC) report, received by the County CL 16 on ; and 0. E 17 0 18 WHEREAS,the ORC report stated ; and 19 20 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the g 21 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 22 23 WHEREAS, at a regularly scheduled meeting on the BOCC held a 24 public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and �_, 25 Cn1 26 WHEREAS, Monroe County policies and regulations adopted in the Monroe County < 27 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 28 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 29 manage land use and development; and 30 31 WHEREAS, based upon the documentation submitted and information provided in the U 32 accompanying staff report, the Monroe County Board of County Commissioners makes the 33 following Conclusions of Law: c�> 34 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 0� 35 Monroe County Year 2030 Comprehensive Plan; and 36 2. The proposed amendment is consistent with the Principles for Guiding Development forca 37 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 38 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute. 39 2 40 00 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 43 44 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: 45 46 Ordinance No. -2020 Page 3 of 8 File 2019-098 Packet Pg.4271 Exhibit A to Transmittal Resolution Proposed Amendment: deletions areeken thr-euo; additions are shown in underlined. 1 2030 Comprehensive Plan - GLOSSARY 00 2 General Q r 3 If definitions sought are not within this section,the County shall utilize the adopted definitions 4 of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these T 5 documents, the County shall utilize the term as commonly used. 6 0 7 Defined Terms U 8 Accessory Use or Accessory Structure means a use or structure that: 9 (1) Is subordinate to and serves an existing principal use or principal structure; and 10 (2)Is subordinate in area, extent and purpose to an existing principal use or principal structure 11 served (for this definition docks, pools, pool decks, driveways are excluded from total E 12 area); and M 13 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or r- 14 principal structure served; and C, 15 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as E 16 the lot/parcel on which the principal use or principal structure is located; and 17 (5)Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use 18 or principal structure, excluding accessory docking facilities that may be permitted on 0 19 adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and 20 (6)Is located in the same land use (zoning) district as the principal use or principal structure, 21 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC; and- 22 (7) Accessory uses/structures shall not include secondary dwelling units or lock-out units or 23 any other habitable structures that are occupied by a separate and independent household. i 24 25 Density means an objective measurement of the magnitude of residential use on a site.Density W 26 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. _ 27 28 Density, Allocated means the number of dwelling units or rooms/spaces which may be 29 permitted to be developed per gross acre of upland without the use of Transferable � 30 Development Rights (TDRs). 0 31 C- c) 32 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which 01 33 may be permitted to be developed per buildable acre, with the use of Transferable 34 Development Rights (TDRs) or for affordable housing. i 35 36 Dwelling Unit means one or more rooms physically arranged for occupancy by one household E 37 sharing common living, a kitchen cooking), and bathroom met facilities.Dwelling units shall 38 not include additional dwelling units, secondary dwelling units, lock-out units, or any other �- 39 habitable structures that create a separate independent living area that are occupied by a 00 40 separate and independent household, without an additional ROGO allocation or ROGO 41 exemption. In reviewing development proposals for dwelling units, to ensure lock-out units or 42 any other habitable structures that create a separate independent living area are not created, the 43 proposal shall comply with the following: E 44 U 45 Ordinance No. -2020 Page 4 of 8 File 2019-098 Packet Pg.4272 Exhibit A to Transmittal Resolution Bldg. Lockable Unlockable z Separate Full Wet Full Half g Entrances Internal Internal Kitchen 6 Bar' Baths Baths Allowed Connection a Connections 00 Co CD X NA NA X - X - NO X NA NA X - - X_ NO CD ACC. X NA NA z X X NO X NA NA - X - X NO X NA NA X YES io 0 X X X - X - NO U X X - - X X - NO X X - - X - X NO X X - - - X - YES io X X - - - - X YES io X_ - - X_ X - YES io Cri C X - X X - NO ADD. CL X - - - X_ X - NO CL X - X X X - NO E X - X - X_ X - NO X - X - X_ - X_ YES io X - X - X YES 0 _ - X - - X - YES y _ _ X X X _ NO 1 2 1. General Note: Not all-possible project design options are shown. As a rule of thumb, if an option 3 allows a full kitchen, then a wet bar is also permitted in place of or in addition to a full kitchen, 4 or,if an option allows a full bath,then a half bath is also permitted in place of or in addition to a full 5 bath. w 6 2.ACC.=Attached or unattached accessory addition to principal structure with no internal connection 7 to the structure. May also be considered a lock-out unit. 8 ADD. =Addition to principal structure with an internal connection to principal structure. May also be 9 considered a lock-out unit. q 10 3.A separate entrance is any entrance includingsliding iding glass doors. A special exception may be made U 11 if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not create 12 lock-out units,secondary dwelling units,guest units,dormitory other habitable structures that CL 13 create a separate independent living area. 01 14 4. A lockable internal connection exists when either household can lock out the other party. 15 5. An unlockable internal connection exists when one party cannot exclude the other party. An open 16 wall is an unlockable internal connection. A door or doorway is not an unlockable internal 17 connection. To be an unlockable internal connection,the cased opening must be 42 inches or more 18 in width. 19 6. A full kitchen is an.. f�preparation facility larger than a wet bar. Plumbing 'stub outs' shall be 20 considered a kitchen. 00 21 7.A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet CD CD r 22 (including a sink with design limitations of one bin and limited to one (1) square foot in size) withCD 23 electricity limited to 110 volt service. 24 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum, 25 may contain a toilet and a sink. 26 9.YES =development proposal/design may be approved. M 27 NO =development proposal/design shall not be approved. Ordinance No. -2020 Page 5 of 8 File 2019-098 Packet Pg.4273 Exhibit A to Transmittal Resolution 1 10. Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household 2 serving only as a permanent residential unit. Proposal cannot create lock-out units, secondary 3 dwelling units, guest units, dormitory or any other habitable structures that create a separate Co 4 independent living area occupied by a separate and independent household. CD 5 CD 8 0e 9 U 10 (2)three, elate,a ro rio. — 11 (3):�wa tiar-elated people and any ehildr-en related to either-of them. 12 13 Household means all the people who occupy a dwelling unit. ^ hettseheld inel ,,a s 14 the related family fnember-s and all the tiar-elated people,if any, stieh as ledger-s, faster-ehildr-ea-, 15 16 , is also eatiated CL 17 as a i,e ,s i,e ,a 0 18 0 19 Kitchen means any food preparation area larger than a wet bar, intended or designed to be used 7 20 for cooking or the preparation of food. The presence of a range, oven, utility connections 0 21 suitable for servicing a range or oven, and/or plumbing "stub-outs", shall be considered as 22 establishing a kitchen. 23 24 Lock-out unit means any structure or room or group of rooms or portion of a single family or 25 multi-family dwelling or transient unit which creates a separate independent living area which u',i 26 can be accessed and locked or keyed separately from the principal entry to a residential 27 dwelling unit or transient unit. Lock-out units create a separate independent living w 28 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unit) 29 which requires an additional ROGO allocation or ROGO exemption and will be counted as a 30 full unit(dwelling unit and/or transient unit)when computing the allowable density on a site. 31 32 Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging 0 33 establishment as defined by Florida Statutes, intended for transient lodging only for periods CL c� 34 not exceeding 30 days. Transient occupancy shall conform to the definition contained in 01 35 Florida Statutes. For the purposes of density restriction: 36 (1)Hotel or motel unit may be a single bedroom and 1'/2 bathrooms or a hotel/motel unit may �i Ca 37 be a suite which may include a kitchenette but no more than 1'/2 bathrooms and one bedroom 38 and one other living area. E 39 (2) Suites containing more than one bedroom and 1'/2 baths may be constructed; however, 40 each bedroom/full bath combination shall be considered a hotel/motel unit. 41 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling a) 42 access so that the hotel or motel unit as defined herein is not divisible into separately CD 43 rentable units. 44 45 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel 46 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. U 47 Transient units, limited to hotel or motel rooms, may include lock-out units that meet the Ordinance No. -2020 Page 6 of 8 File 2019-098 Packet Pg.4274 Exhibit A to Transmittal Resolution 1 criteria within the definition of"Room, Hotel or Motel' and shall require an additional ROGO 2 exemption for each lock-out unit. 3 co 4 Wet bar means is a food or drink preparation area limited to a total counter surface area of 16 5 square feet, a single one-bin sink of one square foot, and electrical service limited to 110 volt 6 service. TT 7 8 0 9 Policy 101.3.1 0 10 Monroe County shall maintain a Permit Allocation System for new residential development 11 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation E 12 System shall limit the number of permits issued for new residential dwelling units. The ROGO 13 allocation system shall apply within the unincorporated area of the county, excluding areas E 14 within the county mainland and within the Ocean Reef planned development (Future r_ 15 development in the Ocean Reef planned development is based upon the December 2010 Ocean CL 16 Reef Club Vested Development Rights Letter recognized and issued by the Department of 0. 17 Community Affairs). New residential dwelling units included in the ROGO allocation system 0 18 include the following: affordable housing units; market rate dwelling units; mobile homes; and 19 institutional residential units (except hospital rooms). 7 20 g 21 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a 22 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation 23 model. Under no circumstances shall a vessel,including live-aboard vessels, or associated wet 24 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or LM 25 associated wet slips are not considered ROGO allocation awards, and may not be used as thei 26 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption). X 27 28 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; 29 and seasonal residential units are subject to Policy 101.3.5. 30 31 Policy 101.3.5 U 32 Due to the limited number of allocations and the State's requirement that the County maintain _J CL 33 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit 0i 34 new transient residential allocations for hotel or motel rooms, and any lock-out units, 0 35 campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 36 2022. Lawfully established transient units shall be entitled to one unit for each type of unit inca 37 existence before January 4, 1996 for use as a ROGO exemption. 38 ur 39 40 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 00 0- 41 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, Q 42 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 43 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 44 provision immediately involved in the controversy in which such judgment or decree shall be 45 rendered. _ 46 Ordinance No. -2020 Page 7 of 8 File 2019-098 Packet Pg.4275 Exhibit A to Transmittal Resolution 1 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 2 this ordinance are hereby repealed to the extent of said conflict. 3 co 4 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 5 Planning Agency as required by F.S. 380.05 (11) and F.S. 3 80.05 52(9). Q 6 �--' 7 Section 5. Filin2. This ordinance shall be filed in the Office of the Secretary of the State 8 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency 0 9 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 0 10 Statutes and after any applicable challenges have been resolved. a� 11 12 Section 6. Inclusion in the Monroe County Comprehensive Plan. The text amendment a� 13 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing E 14 amendment may be renumbered to conform to the numbering in the Monroe County 15 Comprehensive Plan. C- CL 16 0 17 Section 7. Effective Date. This ordinance shall become as provided by law and stated 18 above. 19 0 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 21 Florida, at a regular meeting held on the day of 22 23 Mayor Heather Carruthers 24 Mayor Pro Tem Michelle Coldiron 25 Commissioner Craig Cates 26 Commissioner David Rice 27 Commissioner Sylvia Murphy 28 29 30 BOARD OF COUNTY COMMISSIONERS U 31 OF MONROE COUNTY, FLORIDA J 32 33 BY 0' 34 MAYOR HEATHER CARRUTHERS 35 ca 36 (SEAL) E 37 38 ATTEST: KEVIN MADOK, CLERK 39 00 40 AS DEPUTY CLERK 41 U Ordinance No. -2020 Page 8 of 8 File 2019-098 Packet Pg.4276 R.3.b Exhibit A to Transmittal Resolution 2 ( � \ E ` 3 1 ,. 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 00 8 9 ORDINANCE NO. -2020 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE 13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY he 14 TO MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY 15 STRUCTURE, MODIFY THE DEFINITION OF DWELLING UNIT, 16 DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION E 17 OF HOUSEHOLD, CREATE A DEFINITION FOR KITCHEN, CREATE A 18 DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF E 19 TRANSIENT UNIT; CREATE A DEFINITION FOR WET BAR; AND 20 AMENDING POLICY 101.3.5 TO ADDRESS THE TERM LOCK-OUT �. 21 UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL E 22 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL 0 23 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 0 24 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION 0 25 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING mi 26 FOR AN EFFECTIVE DATE. (FILE 2019-098) 27 28 0 29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida JI CL 30 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 31 health, safety, and welfare of the County's citizens; and 32 Z 33 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting 34 on February 15,2017 in Key West,Florida, directed staff to impose a temporary moratorium upon W 35 certain development applications proposing occupancy by "three unrelated people" or "two 01 00 36 unrelated people and any children related to either of them" of a dwelling unit or utilizing the term a) 37 "lock-out," due to pending legislation; and 38 N 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 40 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to E 41 process an ordinance to impose a temporary moratorium deferring the approval of new U 42 applications or received application that have not been fully approved, commencing March 15, 43 2017,for comprehensive plan or land development code amendments, development agreements 44 (including 380 development agreements), and minor and major conditional use permits 45 (excluding applications proposing only affordable housing dwelling units); with proposed 46 occupancy by "three unrelated people" or "two unrelated people and any children related to either 47 of them" of a dwelling unit, and applications utilizing the term "lock-out"; and Ordinance No. -2020 Page 1 of 8 File 2019-098 Packet Pg.4277 R.3.b Exhibit A to Transmittal Resolution 1 2 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 3 on July 19, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary 4 moratorium upon certain development applications proposing occupancy by "three unrelated 5 people" or "two unrelated people and any children related to either of them" of a dwelling unit or 6 utilizing the term "lock-out," due to pending legislation; and 7 00 8 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting CV) 9 on August 28, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 10 moratorium upon certain development applications proposing occupancy by "three unrelated Q 11 people" or "two unrelated people and any children related to either of them" of a dwelling unit or 12 utilizing the term "lock-out," due to pending legislation; and 0 13 U 14 WHEREAS, Ordinance 018-2018 extended the moratorium through October 27, 2019; 15 and 16 17 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 18 on July 17, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary E 19 moratorium upon certain development applications proposing occupancy by "three unrelated 20 people" or "two unrelated people and any children related to either of them" of a dwelling unit or CL CL 21 utilizing the term "lock-out," due to pending legislation; and E 22 0 23 WHEREAS, Ordinance 027-2019 extended the moratorium through November 8, 2020; 0 24 and 0 25 26 WHEREAS, the Staff is working on BOCC directed amendments related to they 27 development of dwelling units utilizing the term "lock-out" and to an extension to the interim a 28 development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and 0 29 Land Development Code to add such County regulatory provisions (as necessary) is adopted and _ji 30 becomes effective, whichever comes first; and 01 31 w c) 32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 33 Comprehensive Plan and Land Development Code are to maintain public health, safety, and Z 34 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 35 manage land use and development; and 000 36 37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 38 considered the proposed amendments at a regularly scheduled meeting held on July 21, 2020; and Q 39 40 WHEREAS, at a regularly scheduled meeting held on September 23, 2020 the Monroe 41 County Planning Commission held a public hearing for the purpose of considering the proposed 42 amendment and provided for public comment; and 43 44 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-20 45 recommending approval for the proposed amendment, with direction for staff to address, within 46 the matrix included in the dwelling unit definition, the scenario of a separate entrance without a 47 lockable internal connection; and Ordinance No. -2020 Page 2 of 8 File 2019-098 Packet Pg.4278 R.3.b Exhibit A to Transmittal Resolution 1 2 WHEREAS, the Monroe County Board of County Commissioners is authorized by 3 Section 125.01(l)(h), F.S., to establish, coordinate and enforce zoning and such business 4 regulations as are necessary for the protection of the public; and 5 6 WHEREAS, at a regularly scheduled meeting held on October 21, 2020, the Monroe 7 County Board of County Commissioners held a public hearing, considered the staff report, and 8 provided for public comment and public participation in accordance with the requirements of state co 9 law and the procedures adopted for public participation in the planning process; and 10 aQ 11 WHEREAS,at the October 21,2020,public hearing,the BOCC adopted Resolution - 12 2020, transmitting the proposed text amendment to the State Land Planning Agency; and 13 U 14 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 15 Objections, Recommendations and Comments (ORC) report, received by the County 16 on ; and E 17 18 WHEREAS, the ORC report stated ; and E 19 20 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the CL CL 21 proposed amendment, adopt the amendment with changes or not adopt the amendment; and E 22 0 23 WHEREAS, at a regularly scheduled meeting on the BOCC held a 0 24 public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and 0 25 m 26 WHEREAS, Monroe County policies and regulations adopted in the Monroe Countyi 27 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 28 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 0 29 manage land use and development; and -.I 30 I 31 WHEREAS, based upon the documentation submitted and information provided in the 32 accompanying staff report, the Monroe County Board of County Commissioners makes the Z 33 following Conclusions of Law: 34 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 35 Monroe County Year 2030 Comprehensive Plan; and 0I 00 36 2. The proposed amendment is consistent with the Principles for Guiding Development for a) 37 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 38 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. 04 39 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY U 42 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 43 44 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: 45 46 Ordinance No. -2020 Page 3 of 8 File 2019-098 Packet Pg.4279 R.3.b Exhibit A to Transmittal Resolution Proposed Amendment: deletions are keii t4fet�g4; additions are shown in underlined. 1 2030 Comprehensive Plan - GLOSSARY 2 General 3 If definitions sought are not within this section,the County shall utilize the adopted definitions 4 of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these 5 documents, the County shall utilize the term as commonly used. _ 6 °® ra 7 Defined Terms 8 Accessory Use or Accessory Structure means a use or structure that: Q 9 (1) Is subordinate to and serves an existing principal use or principal structure; and 10 (2)Is subordinate in area, extent and purpose to an existing principal use or principal structure 11 served (for this definition docks, pools, pool decks, driveways are excluded from total 0 12 area); and 13 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or 14 principal structure served; and E 15 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as 16 the lot/parcel on which the principal use or principal structure is located; and E 17 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use r- 18 or principal structure, excluding accessory docking facilities that may be permitted on CL 19 adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and CL 20 (6) Is located in the same land use(zoning) district as the principal use or principal structure, 0 21 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC; and- 22 (7)Accessory uses/structures shall not include secondary dwelling units or lock-out units or c� 23 any other habitable structures that are occupied by a separate and independent household. 24 � 25 Density means an objective measurement of the magnitude of residential use on a site.Density 4 26 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. U 27 —J I CL 28 Density, Allocated means the number of dwelling units or rooms/spaces which may be 29 permitted to be developed per gross acre of upland without the use of Transferable 30 Development Rights (TDRs). 31 Z 32 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which 33 may be permitted to be developed per buildable acre, with the use of Transferable 0i 34 Development Rights (TDRs) or for affordable housing. 00 35 36 Dwelling Unit means one or more rooms physically arranged for occupancy by one household 37 sharing common living,a kitchen cookingl, and bathroom te4et facilities.Dwelling units shall 38 not include additional dwelling units, secondary dwelling units, lock-out units, or any other 39 habitable structures that create a separate independent living area that are occupied by a M 40 separate and independent household, without an additional ROGO allocation or ROGO 41 exemption. In reviewing development proposals for dwelling units, to ensure lock-out units or 42 any other habitable structures that create a separate independent living area are not created, the 43 proposal shall comply with the following 44 45 Ordinance No. -2020 Page 4 of S File 2019-098 Packet Pg.4280 R.3.b Exhibit A to Transmittal Resolution Bldg. Lockable Unlockable z Separate Full Wet Full Half g type Entrances Internal Internal Kitchen 6 Bar' Baths Baths Allowed Connection a Connection s X NA NA X - X - NO X_ NA NA X - - X NO ACC. X NA NA X X NO X NA NA - X - X NO 00 X NA NA - - X - YES et) CD X X X - X - NO X X - - X X - NO CD X X - - X - X NO T X X - - - X - YES io X X - - - - X YES'0 X - - X X YES'0 X - X X - NO ADD. - — - — - — - — X - - - X X - NO X = X X X = NO X - X - X X - NO X - X - X - X YES'0 X - X - - I X - YES CL — _ X _ _ X _ YES CL X X X = NO 0 1 2 1. General Note: Not all-possible project design options are shown. As a rule of thumb, if an option 3 allows a full kitchen, then a wet bar is also pennitted in place of or in addition to a full kitchen, m 4 or,if an option allows a full bath,then a half bath is also pennitted in place of or in addition to a full i 5 bath. 6 2.ACC. =Attached or unattached accessory addition to principal structure with no internal connection 7 to the structure. MU also be considered a lock-out unit. 0 8 ADD. =Addition to principal structure with an internal connection to principal structure. May also be 9 considered a lock-out unit. 0 i 10 3. A separate entrance is any entrance including sliding glass doors. A special exception may be made 11 if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not create z 12 lock-out units,secondary dwelling units, guest units,donnitor or other habitable structures that z_ 13 create a separate independent living area. 14 4. A lockable internal connection exists when either household can lock out the other party. 0� 15 5. An unlockable internal connection exists when one party cannot exclude the other par . . An open 00 16 wall is an unlockable internal connection. A door or doorway is not an unlockable internal C' 17 connection. To be an unlockable internal connection, the cased opening must be 42 inches or moreCD 18 in width. 19 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing 'stub outs' shall be 20 considered a kitchen. E 21 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet U 22 (including a sink with design limitations of one bin and limited to one (1) square foot in size) with 23 electricity limited to 110 volt service. 24 8. A full bath contains, at a minimum, a sink, toilet and bath or shower. A half bath, at a maximun, 25 may contain a toilet and a sink. 26 9. YES =development proposal/design may be aproved. 27 NO=development proposal/design shall not be aproved. Ordinance No. -2020 Page 5 of 8 File 2019-098 Packet Pg.4281 R.3.b Exhibit A to Transmittal Resolution 1 10. Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household 2 serving only as a pennanent residential unit. Proposal cannot create lock-out units, secondary 3 dwelling units, guest units, donnitory or any other habitable structures that create a separate 4 independent living area occupied by a separate and independent household. 5 6 7 . 8 CD r> 9 „�I ;Zo a St a; i of t; ffih;r 10 (2)throe , roi to people; CD 11 (3)t-r tmf:elated people and any a ld:en f:elated t e4he,- of them. 12 13 Household means all the people who occupy a dwelling unit. ^ hetfseheld iiiel ,,a s 0 14 0 15 16 18 19 Kitchen means any food preparation area larger than a wet bar, intended or designed to be used 20 for cooking or the preparation of food. The presence of a range, oven, utility connections CL 21 suitable for servicing a range or oven, and/or plumbing "stub-outs", shall be considered as CL 22 establishing a kitchen. 0 23 24 Lock-out unit means any structure or room or group of rooms or portion of a single family or 25 multi-family dwelling or transient unit which creates a separate independent living area which m 26 can be accessed and locked or keyed separately from the principal entry to a residential 27 dwelling unit or transient unit. Lock-out units create a separate independent living 28 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unit) U 29 which requires an additional ROGO allocation or ROGO exemption and will be counted as a —'i CL 30 full unit(dwelling unit and/or transient unit)when computing the allowable density on a site. 31 w� 32 Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging 33 establishment as defined by Florida Statutes, intended for transient lodging only for periods _ 34 not exceeding 30 days. Transient occupancy shall conform to the definition contained in 35 Florida Statutes. For the purposes of density restriction: 0i 36 (1)Hotel or motel unit may be a single bedroom and 11/2 bathrooms or a hotel/motel unit may 00 a) CD 37 be a suite which may include a kitchenette but no more than 11/2 bathrooms and one bedroom 38 and one other living area. Q 39 (2) Suites containing more than one bedroom and 11/2 baths may be constructed; however, 40 each bedroom/full bath combination shall be considered a hotel/motel unit. a 41 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling 42 access so that the hotel or motel unit as defined herein is not divisible into separately 43 rentable units. 44 45 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel 46 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. 47 Transient units, limited to hotel or motel rooms, may include lock-out units that meet the Ordinance No. -2020 Page 6 of 8 File 2019-098 Packet Pg.4282 R.3.b Exhibit A to Transmittal Resolution 1 criteria within the definition of"Room, Hotel or Motel" and shall require an additional ROGO 2 exemption for each lock-out unit. 3 4 Wet bar means is a food or drink preparation area limited to a total counter surface area of 16 5 square feet, a single one-bin sink of one square foot, and electrical service limited to 110 volt 6 service. 7 00 co 9 Policy 101.3.1 10 Monroe County shall maintain a Permit Allocation System for new residential development Q 11 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation 12 System shall limit the number of permits issued for new residential dwelling units. The ROGO 13 allocation system shall apply within the unincorporated area of the county, excluding areas � 14 within the county mainland and within the Ocean Reef planned development (Future 15 development in the Ocean Reef planned development is based upon the December 2010 Ocean 16 Reef Club Vested Development Rights Letter recognized and issued by the Department of E 17 Community Affairs). New residential dwelling units included in the ROGO allocation system 18 include the following: affordable housing units;market rate dwelling units; mobile homes; and E 19 institutional residential units (except hospital rooms). 20 21 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a 22 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation 0 23 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet 0 24 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or 0 25 associated wet slips are not considered ROGO allocation awards, and may not be used as the mi 26 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption). 0 27 ' 28 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; 0 29 and seasonal residential units are subject to Policy 101.3.5. _.I 30 I 31 Policy 101.3.5 32 Due to the limited number of allocations and the State's requirement that the County maintain 33 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit Z 34 new transient residential allocations for hotel or motel rooms, and any lock-out units, W 35 campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 0I 00 36 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in a) 37 existence before January 4, 1996 for use as a ROGO exemption. 38 04 39 40 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or E 41 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, U 42 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 43 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 44 provision immediately involved in the controversy in which such judgment or decree shall be 45 rendered. 46 Ordinance No. -2020 Page 7 of 8 File 2019-098 Packet Pg.4283 R.3.b Exhibit A to Transmittal Resolution 1 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 2 this ordinance are hereby repealed to the extent of said conflict. 3 4 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 5 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 6 7 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State 00 8 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency co 9 or Administration Commission finding the amendment in compliance with Chapter 163, Florida + 10 Statutes and after any applicable challenges have been resolved. Q 11 er=, 12 Section 6. Inclusion in the Monroe Countv Comprehensive Plan. The text amendment 0 13 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing U 14 amendment may be renumbered to conform to the numbering in the Monroe County 15 Comprehensive Plan. a 16 17 Section 7. Effective Date. This ordinance shall become as provided by law and stated 18 above. 19 CL 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 21 Florida, at a regular meeting held on the day of 0 22 23 Mayor Heather Carruthers 24 Mayor Pro Tem Michelle Coldiron 25 Commissioner Craig Cates 0 26 Commissioner David Rice 27 Commissioner Sylvia Murphy 0 28 CL 29 30 BOARD OF COUNTY COMMISSIONERS 31 OF MONROE COUNTY, FLORIDA z 32 33 BY 34 MAYOR HEATHER CARRUTHERS i 00 35 36 (SEAL) 37 04 38 ATTEST: KEVIN MADOK, CLERK 39 E 40 AS DEPUTY CLERK 41 Ordinance No. -2020 Page S of S File 2019-098 Packet Pg.4284 2 3 M2 Syr G 4 Y 5 MEMORANDUM 6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 7 8 To: Monroe County Board of County Commissioners 9 00 M 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 11le- 12 From: Mayte Santamaria, Senior Planning Policy Advisor 13 14 Date: September 25, 2020 0 15 0 16 Subject: An ordinance by Monroe County Board of County Commissioners adopting 17 amendments to the Monroe County 2030 Comprehensive Plan amending the Glossary 4) 18 to modify the definition of Accessory Use or Accessory Structure, modify the 19 definition of Dwelling Unit, delete the definition of Family, modify the definition of E 20 Household, create a definition for kitchen, create a definition for Lock-out Unit, 21 modify the definition of Transient Unit; create a definition for wet bar; and amending 22 Policy 101.3.5 to address the term Lock-out Unit. (File 2019 - 098) Q 23 E a 24 Meeting: October 21, 2020 25 26 I. REQUEST cu U. 27I 28 The Monroe County Planning & Environmental Resources Department is proposing an amendment o 29 to the 2030 Comprehensive Plan amending the Glossary to modify the definition of Accessory Use U 30 or Accessory Structure, modify the definition of Dwelling Unit, delete the definition of Family, _i 31 modify the definition of Household, create a definition for kitchen, create a definition for Lock-out 32 Unit (specking that lock-out units are separate independent living area/habitable spaces and 33 shall be considered a unit (dwelling unit and/or transient unit) which requires an additional 34 ROGO allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or mi 35 transient unit) when computing the allowable density on a site), modify the definition of Transient 36 Unit; create a definition for wet bar; and amending Policy 101.3.5 to address the term Lock-out 001 37 Unit. 38 ' 39 IL BACKGROUND INFORMATION 40 41 On April 13, 2016, at a special public meeting the BOCC adopted the 2030 Comprehensive Plan E 42 and Land Development Code. The 2030 Comprehensive Plan was adopted pursuant to Ordinance U 43 005-2016 was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. Q 44 DEO issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The 45 Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the 46 Notice of Intent on the DEO Website on June 20, 2016. 47 48 The Monroe County Land Development Code was adopted pursuant to Ordinance 006-2016 and 49 was transmitted to DEO on May 24, 2016. On July 26, 2016, DEO published Final Order BOCC SR Page 1 of 19 File No.2019-098 Packet Pg.4285 R.3.c I DEO-16-130 in the Florida Administrative Register approving the Monroe County Land 2 Development Code. The Final Order would have become effective 21 days after publication in the 3 Florida Administrative Register (August 16, 2016) but a petition was filed. On August 10, 2016, 4 the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 5 2016, the BOCC adopted an ordinance amending Section 130-165 to resolve the Petition 6 challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing 7 the Monroe County Land Development Code to become effective. The County's updated Land 8 Development Code became effective on February 3, 2017. 9 co 10 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land 11 Development Code included definitions which were amended with the adoption of the new Land Q 12 Development Code in April 2016. Both documents include a definition for family. Neither 13 document includes a definition of"lock-out." 14 oe 15 The Monroe County Board of County Commissioners, at a regular meeting on February 15, U 16 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain 17 development applications proposing occupancy by "three unrelated people" or "two unrelated E 18 people and any children related to either of them" of a dwelling unit or utilizing the term 19 "lock-out," due to pending legislation. E 20 r_ 21 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular 22 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance 23 to impose a temporary moratorium deferring the approval of new applications or received 0 24 applications that have not been fully approved, commencing March 15, 2017, for comprehensive 0 25 plan or land development code amendments, development agreements (including 380 development 21 26 agreements), and minor and major conditional use permits (excluding applications proposing only CU 27 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two i 28 unrelated people and any children related to either of them" of a dwelling unit, and applications 0 29 utilizing the term "lock-out." U 30 � i 31 On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the 32 365 day temporary moratorium described above. 33 0 34 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the i 35 365 day moratorium described above. Cn 36 001 37 On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365 Q 38 day moratorium described above. This moratorium went into effect on November 8, 2019 and runs 39 through November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and 40 effective, whichever comes first. 41 E 42 Staff is proposing a corresponding amendment to the Land Development Code. The subject of this U 43 staff report is the proposed amendment to the Comprehensive Plan. 44 45 46 Community Meeting and Public Participation 47 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on June 22, 2020 48 to provide for public input. There were 2 members of the public in attendance. During the meeting, 49 this amendment to the Comprehensive Plan (File 2019-098), the IDO extension (File 2020-066) BOCC SR Page 2 of 19 File No.2019-098 Packet Pg.4286 R.3.c I and the Land Development Code amendment (File 2019-099) were explained. The public mainly 2 asked for clarification of the amendment provisions and noted that they hoped the amendment 3 would address concerns about creating multiple "houses" with one ROGO allocation. 4 5 Development Review Committee and Public Input 6 The Development Review Committee considered the proposed amendment at a regular meeting on 7 July 21, 2020 and received public input. One member of the public ask if the amendment would 8 apply retrospectively. 9 co 10 Plannin2 Commission and Public Input 11 The Planning Commission considered the proposed amendment at a regular meeting on Q 12 September 23, 2020,provided for public input and recommended approval, with direction for staff 13 to address, within the matrix included in the dwelling unit definition, the scenario of a separate 14 entrance without a lockable internal connection. oe 15 U 16 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 17 E 18 Proposed Amendment(deletions are 1 ; additions are shown in underlined): 19 CrJ 20 2030 Comprehensive Plan - GLOSSARY 21 General 22 If definitions sought are not within this section, the County shall utilize the adopted definitions E 23 of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these 0 c� 24 documents, the County shall utilize the term as commonly used. 25 �' 26 Defined Terms CU 27 Accessory Use or Accessory Structure means a use or structure that: �1 28 (1) Is subordinate to and serves an existing principal use or principal structure; and 0 29 (2) Is subordinate in area, extent and purpose to an existing principal use or principal U 0 30 structure served (for this definition docks, pools, pool decks, driveways are excluded 31 from total area); and 32 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or 33 principal structure served; and 0 34 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the mi 35 lot/parcel on which the principal use or principal structure is located; and Cn 36 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use 0� 37 or principal structure, excluding accessory docking facilities that may be permitted on 38 adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and Q 39 (6) Is located in the same land use (zoning) district as the principal use or principal structure, 40 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC; and- 41 7 ccesst>ry uses%stactLres s1ra11 nt>t include sect>nclary dwelling.L i t L iIts or E 42 anv other habitable structures that are oc a separate and inclel�enclent l�t�L�sel�t�lcle 43 44 Density means an objective measurement of the magnitude of residential use on a site. Density 45 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. 46 47 Density, Allocated means the number of dwelling units or rooms/spaces which may be permitted 48 to be developed per gross acre of upland without the use of Transferable Development Rights 49 (TDRs). BOCC SR Page 3 of 19 File No.2019-098 Packet Pg.4287 R.3.c 1 2 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which 3 may be permitted to be developed per buildable acre, with the use of Transferable Development 4 Rights (TDRs) or for affordable housing. 5 6 Dwelling Unit means one or more rooms physically arranged for occupancy by one household 7 sharing common living, -tj�itchen (cookingl, and bathroom+-(*1 t facilities.-.Dwelling units shall 8 n-ot-in-dude clwelltn6 Limits. secondary dw lltr p its. lock-o�ttunits. or any t>tlrer 9 ................................................................................................................................................. . 1�........ .p ... p.............� _ Co CD 10 and Inde enttent_Iio seliold. mwithout �n additional RC3GO allocation or mOGO exec t�t�n n 11 reviewing develotament prt�ptsals t>.r dwelllnl, untts....to. ensure lack out..:units...or ..anv taller CD 12 habitable structures that create nm_separate independent living area are not created., th l 13 sha.11 co lv with the following: 14 oe et n Lockable lIn oek ble U _ep,r its Ful, G'2t Full Half 1 :.'. Entrance Ci tcrraa.: Intern c hen` Bar ' Bath Bath f1 lo` ccl `' _..................... Connection..::: Connection ern _.................. _............ _............ _............ a) N1, N1, - - NO N<1, N<1, - - X NO ACC N N1 N1 - N N - NO N N1 N1 - N - N NO NA NA - - N - YES ro CL X X - X, - X - NO E N N - - N N - NO X X - - N - N NO 21 _ - - - YES 10 - N - - N N - YES'0 e X. - X - X - NO DD. U X - NO N - N N - N - NO I N - N - N N - NO I N - N - N - N Y S ro N - N - - N - YES 0 ® N - _ N - YES I - NCB CnI 00 15 01) CD 16 1 General Note Not-al l possible nlolect design at�t�or�s aIc shown. As a rule of thumb, �f 2rr o tidtr �, 17 allows s a full kitchen then a wet t bar rs alsa pez glittecl in place of or in addition to a full kite here; or, if CD 04 18 ar1 opt arl allae s a full Hatt , thcrl a half Hatl is alsa pegni eej lccoiri addori to a Bill bate p t 19 2 ACC. Attached at Unattached accesovaddtor1 � a structure � h no riterrl connect' 20 the str I LI c ,'1��also lac c,ons'der cl.a lock cut Unit_ 21 1DD 1cldittorl ta.t�zir�c�kal..structur with are 'riterrial connection to.Drincikal structure. May also be CU 22 considered c lock cut Unit... 23 3, 1 5c alatc c; l trice s 2riy crttaricc triclUd'rnC slidirn4 Oass doors. A snec;ial exccntiar� ���av be made if 24 the entrance is into an enclosed courtyard at gaol area The separate entrance shall riot create lack-cut 25 urllt5 SCcorldtI" dwelling 7 UrIuS Cy' lest Urlus Clotmitory or ariv other habitable structures that create a 26 sc,naratc irldcncrldcrlt livirlC7 area. 27 :.. 1..lacica lc..itltetri l..cariilcct ari exists e laerl.citllft laauscl alcl c-ar1 lack atit.th atltc:t. 2?:ty.. BOCC SR Page 4 of 19 File No.2019-098 Packet Pg.4288 | 2 is arl UrIlockable Internal connection. A door or do ar.w. av I s ri at a r.l. L.11.1 I o c k ab I c internal connection. To 3 be arl UrIlockable Internal connection, the eased 4 5 A 6 7. A wet bar is a food or drink -ore ration area limited to a total COUrIter Surface area of 16.S Liare feet 7 id limli Riare foot in size) with 8 electric limited to I 10 volt service. 9 8. A full bath coritairi 'I 'I m a.sirik,.joilet and bath or shower. A half.bath MLIM,...May |0 00 || CD � |2 CD |� � � � le household |4 |5 habitable structures that create |6 � T3 � |7 |8 |9 20 2| � 22 � 23 ~- CL 24 25 Household means all the people who occupy o it. 0 26 21 27 E CU � 28 �^""p "^ "^^^°^°^~°p°"p^° °^^°^^^^� °^^""°^^^� "^^^^ °"~^^ °° p°^°^°^° "^ ^""^^^°^°, ^° °^°" ~""^^^~° °° ° | 29 30 3| 0 � | 32 xL � 33 | 34 35 0 111 36 � 37 | 00 38 can be accessed and locked or �9 � transientt or unit, 40 04 4| ROGO allocation or ROGO exe.1 tion and will be counted as a full unitj�dwellin�& un4 anct/or 42 � i 43 44 Room, f/o/u/ or Motel, n)cuno o unit consisting of o coon) or coon)o �n o ou���c lodging ^ 45 establishment as defined by Florida Statutes, intended for transient lodging only for periods not 46 exceeding 30 days. Transient occupancy shall confbon to the definition contained in Florida 47 Statutes. For the purposes ofdensity restriction: 48 U> Hotel or motel unit may be o oinv|c bedroom and |1/2 bothcoon)o or o hotel/motel unit may 49 bco suite which may include o kitchenette but no more than |\6bothcoonoo and one bedroom 50 and one other living area. BOCCSR Page 5of19 File No.20l9'098 R.3.c 1 (2) Suites containing more than one bedroom and 11/z baths may be constructed; however, each 2 bedroom/full bath combination shall be considered a hotel/motel unit. 3 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling 4 access so that the hotel or motel unit as defined herein is not divisible into separately rentable 5 units. 6 7 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel room, 8 seasonal residential unit, or space for parking a recreational vehicle or travel trailer. Transient 9 units,, limited to hotel or motel rt�o s. � av include lock-out units that meet the criteria within the 0, 10 definition of ` Ro In Hotel or 1111ote and shall__re ditional ROGO exei tion for eact 11 1 ock-out un i t. 12 13 et hur mean.s...is..a food or drink pre a��t�t�n area limited to a total counter surface area of ifs 14 sgLtgLe__feemam_sln le t>ne�bin sinl� of one square f`c>t>t. and electrical service limited to 110 volt 0 15 service U 16 ***** 17 E 18 Policy 101.3.1 19 Monroe County shall maintain a Permit Allocation System for new residential development E CU 20 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation 21 System shall limit the number of permits issued for new residential dwelling units. The ROGO CL 22 allocation system shall apply within the unincorporated area of the county, excluding areas C 23 within the county mainland and within the Ocean Reef planned development (Future 0 24 development in the Ocean Reef planned development is based upon the December 2010 Ocean 0 25 Reef Club Vested Development Rights Letter recognized and issued by the Department of 21 26 Community Affairs). New residential dwelling units included in the ROGO allocation system CU 27 include the following: affordable housing units; market rate dwelling units; mobile homes; and 28 institutional residential units (except hospital rooms). 0 29 U 30 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct _i 31 location, and therefore cannot be accounted for in the County's hurricane evacuation model. �- c� 32 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be 33 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet 34 slips are not considered ROGO allocation awards, and may not be used as the basis for any type mi 35 of ROGO exemption or THE(Transfer of ROGO Exemption). Cn 36 001 37 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and Q 38 seasonal residential units are subject to Policy 101.3.5. 39 40 Policy 101.3.5 41 Due to the limited number of allocations and the State's requirement that the County maintain a Ec 42 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new U 43 transient residential allocations for hotel or motel rooms ancf_.. lock-out tin as. 44 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully 45 established transient units shall be entitled to one unit for each type of unit in existence before 46 January 4, 1996 for use as a ROGO exemption. 47 BOCC SR Page 6 of 19 File No.2019-098 Packet Pg.4290 R.3.c I IV. ANALYSIS OF PROPOSED AMENDMENT 2 3 LOCK-OUT 4 The BOCC directed staff to propose amendments to address applications proposing development 5 with the use of "lock-outs" of units which could be utilized as separate dwelling unit or another 6 potentially habitable structure without the requirement of a separate ROGO allocation/exemption. 7 8 The requirement in Florida Statute, Administration Commission Rule and the Comprehensive Plan 9 is that hurricane evacuation clearance must be maintained at 24 hours for the resident population. co 10 The policies and regulations adopted in the Monroe County Comprehensive Plan and Land 11 Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Q 12 Keys and to strengthen our local government capability to manage land use and development. As a 13 direct result of State's legislative and administrative growth restriction mandates, the County has 14 adopted local ordinances, such as Rate of Growth Ordinance (ROGO), to fairly and competitively oe 15 allocate the limited number of permits for new dwelling units. U 16 17 The BOCC previously discussed the use of a "lock-out" (a separate, independent living space) E 18 within a dwelling unit - for concerns with developing without a ROGO allocation and potentially 19 circumventing density limitations. These discussions have identified a concern that the use of E CU 20 "lock-outs" will create unintended impacts/consequences of additional units, vehicles, people and 21 disturbances (noise complaints) and the "lock-outs" are not in line with the state mandated Rate of CL 22 Growth Ordinance (ROGO) process for maintaining hurricane evacuation clearance times. C 23 Currently, the Monroe County 2030 Comprehensive Plan and Land Development Code are silent 0 24 on use of"lock-outs" and density is calculated based on units and not an undefined "lock-out." 0 25 2, 26 =ukU m .. Example of a �� rr 27 lock-out unit Ty"� � ti �1 28 q configuration: _E 29 30 31BEDROOM; BEDROOM CI E LMNGIDINING 32 _ AREA, 33 34 0 KITCHENETTE ,p m 35 L DRY t L ..N en 36 �} 00 37 FULL p CHEN oorg Aro 38 a ' Q 39 --- �� 04 401 Note, the proposed amendments to the `dwelling unit' definition with the table of allowed and not allowed 42 configurations, would not allow the configuration depicted above. 43 n Lock ib e, Unlock ible 44 t lul.. 1J., nIe1rla - Alio. .ed...' 45 Fntratic Lit- 11e.n... d,-ir d<til_ datil C crtartic.c.t.crta:.. C.:crtane...ticrrta... 46 X X - X - X - NO 47 A.Q.Q. X - - 2 S. - NC 48 - - 2 - 2 NC 49 BOCC SR Page 7 of 19 File No.2019-098 Packet Pg.4291 R.3.c I The adopted 2030 Comprehensive Plan does not include any policies related to the use of "lock- 2 outs" which could be utilized as separate dwelling unit or another potentially habitable structure 3 without the requirement of a separate ROGO allocation/exemption but does includes the following 4 definitions: 5 6 Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing 7 common living, cooking, and toilet facilities. 8 9 Household means all the people who occupy a housing unit. A household includes the related family 00 10 members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who co 11 share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a 12 housing unit such as partners or roomers, is also counted as a household. 13 14 Family means a person living alone, or people living together as a single household and sharing 15 common living, cooking, and toilet facilities: � 16 (1) Any niunber of people related by blood, marriage, adoption, guardianship, or duly authorized 0 17 custodial relationship; 18 (2) three unrelated people; E 19 (3) two unrelated people and any children related to either of them. 20 21 22 The County reviews dwelling unit development proposals based on a Memorandum of 2 CL 23 Understanding (MOU)between Monroe County and the Florida Department of Community Affairs C, 24 (DCA, now DEO) which establishes guidelines for the approval of single family residential 0 25 building permits to ensure that no separate independent living areas are created which are not in 0 26 compliance with the Land Development Regulations. This MOU was approved by the BOCC on 21 27 February 11, 1998, and specified guidelines which focus on elements of a residence and accessory E 28 structures that may create or could create separate independent living areas, such as separate U_I 29 entrances, lockability of internal connections, and existence of key housekeeping facilities, such as 0 30 kitchens, wet bars, and bathrooms. An excerpt from the approved MOU is provided below. 31 ATTACHMENT A CL GUIDELINES FOR APPROVING ADDITIONS THAT ISO NOT CREATE AN ADDITIONAL DWELLING UNIT' I BId, Separate 1€�c able unlockable fait' vast bar Full 'J�t�atl� Ala ac€? tyPe2 entrance internal internal Illtchen$ - connaction4 connection' 00 eG. - — I bid.. X NA NA C _ C N _ -•" X NAN � r X NA --- X - X NO X NA NA X K NO c� NA NA X YES add. X - X _---- X X N X X X X NO X X X X NO X X ]t YES X X --- X ` E µ X X X y - X NO X NO ° X :.s. X X �{/ Ib�d 32 �._ - LL lO BOCC SR Page 8 of 19 File No.2019-098 Packet Pg.4292 R.3.c t. Cseneral Norte:blot all pcsslbte project design options are shown. As a rule of thumb,if an option allows a.full kitchen then a wet bar is also permitted in place of or in addition to a full kitchen;or,If an option allows a full bath,theft a%bath is also permitter in place of or in addition to a f€H bath. 2. ace = Attached or unattached accessory addition to principal structure with no internal connection to the structure. add y Addrilon to principal structure with an internal connection to principal,structure. S. A separate entrance is any entrance including sliding glass doors. A special exception may be made if the entrances is onto art enclosed courtyard or pool area. Care should be applied to assure a guest house or dormitory is not created. 4. A lockable internal connection exists when either party can lock out the other party. 5. An unlockable internal connection exists when one party can not exclude the other party. An open 00 eo wall is art unlockable Entemal connection. A door or doorway is not an unlockable,internal connection. CD r 6. A full kitchen is any food preparation facility larger than a wet liar. Plumbing"stub outs"shall be CD considered a kitchen. 7, A wet bar is a food or brink preparation area limited to a total counter surface area of 16 square feet (#ncludIng a sink with design limitations of one bin and limited to one(1)square foot to size)with electricity limited to 110 volt service. 0 8. A full bath contains,at a minimum,a sink,toilet and bath,or shower. A half bath,at a maximum,may 0 contain a toilet and a sink. 8, NO = Design cannot be approved. YES = Design can be approved. Approval of any project design that does not clearty flail within one of the listed options can only be approved by the Planning Diirector or Development Review Senior Administrator,after consultation with the Planning Manager of the DCA field Office, CrJ 1 10, requires covenant restricting dwelling unit to single family occupancy only. 2 CL 4 To address the BOCC's direction on `lock-outs' and provide consistency with the existing, 0 5 approved MOU between the County and DCA that has been utilized since 1998, staff is 6 recommending including the provisions of the MOU within the definition of "dwelling unit" to 7 ensure separate independent living areas are not created and creating a definition for "lock-out � 8 unit" to specify that lock-out units are separate independent living areas/habitable spaces and shall i 9 be considered a unit (dwelling unit and/or transient unit) which requires an additional ROGO 10 allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or transient 0 11 unit)when computing the allowable density on a site. _JI 12 0I 13 Staff has proposed requiring a restrictive covenant to most of the development proposals/designs 0 14 that may be approved. The restrictive covenant limits the dwelling unit to occupancy by a single m 15 household serving only as a permanent residential unit. As defined by the LDC, `permanent 16 residential unit' means a dwelling unit that is designed for, and capable of, serving as a residence C00 17 for a household for non-transient occupancy, excluding hotel, motel, and recreational vehicle. a) CD 18 19 Additionally, staff has added three additional scenarios into the matrix of possible project design CD 20 options, to capture other likely development proposals/designs, as follows: 21 don Lockable Un ock ble M 5cxar its Full Wet Full Half U Entrance Cl tc rrla; interCU nal �itc lac n` Bar ' datl� .................... - - - X X - YES so DD. _.................... 2i - - - S 2i - NO 22 23 BOCC SR Page 9 of 19 File No.2019-098 Packet Pg.4293 R.3.c 1 2 FAMILY 3 The BOCC directed staff to propose amendments to address applications with proposed occupancy 4 by "three unrelated people" or "two unrelated people and any children related to either of them" of 5 a dwelling unit, and applications utilizing the term "lock-out." Along with the proposed 6 amendments to address "lock-out units," staff is proposing to delete the definition of "family," as 7 the term does not appear to be utilized in the code (see exhibit 6 to the staff report) and does not 8 appear necessary and because there isn't a consistently used definition of family that covers the 9 diverse composition of families. Additionally, staff is proposing to amend the definition of 00 10 `household" to simplify the definition. The lock-out unit amendments should address the concerns 11 of the BOCC regarding impacts/consequences of additional units, vehicles, people and Q 12 disturbances (noise complaints) and the creation of "lock-out units" are not in line with the state 13 mandated Rate of Growth Ordinance (ROGO) process for maintaining hurricane evacuation 14 clearance times. oe 15 U 16 Staff is proposing the following amendments: 17 E 18 19 L CU 20 _ Y. ' ems, 21 f4 r° -s ,444 22 H4�e,�l <z� E �� Eaa , i� a» ��, �Ea� .t E�;.�x E 23 �� cvrr err x�rz�c� a- c ss�ccx�xz� z�c� c ec c cx- -- .�- ._ . 0 24 0 25 Household means all the people who occupy a 1 it _ ,-cwllin unit. 2' 26cCU 27 28 rw rr t k P r„ ,` 6, �; i 0 29 a eho1 - U 30 31 In developing the recommended amendments, staff completed a review of the adopted code 32 definitions of multiple local governments throughout the State of Florida for the term `family,' 33 including definitions used by the U.S. Census Bureau, the U.S. Department of Housing and Urban 34 Development, and definitions provided in the APA Planner's Dictionary. Many of the definitions mi 35 are similar to the County's adopted definition and address people related by blood, marriage, Cn 36 adoption, guardianship, domestic partnership or duly-authorized custodial relationship as well as 0� 37 maximum numbers of unrelated people. There is not a consistent or standard definition for the Q 38 terms "family" or `household"—nor a consistent maximum number of people. 39 Local Provision of Government Definition of Family unrelated people U CU Monroe County Family means a person living alone, or people living together as a single Up to 3 household and sharing common living,cooking, and toilet facilities: unrelated (1) Any number of people related by blood, marriage, adoption, people guardianship, domestic partnership or duly-authorized custodial relationship ii t itntt t�l}F s;ll}h f}l} IVY In�t 1 It`i((i't}'tl}}1 j �fr City of Key West, Family means: Up to 4 BOCC SR Page 10 of 19 File No.2019-098 Packet Pg.4294 R.3.c FL (1) One person or a group of two or more persons related by blood, unrelated marriage, adoption, or foster care occupying a dwelling unit as a people separate, independent, not-for-profit housekeeping unit with a single kitchen and set of culinary facilities. Such family may also include up to two unrelated persons who serve as servants or caretakers for the housekeeping unit; or �"ti111,1 occupying a dwelling unit as a separate, independent, not-for-profit housekeeping unit with a single kitchen and set of culinary facilities. City of Marathon, Family: One (1) or more persons occupying a living unit as a single, No limit co FL nonprofit housekeeping unit. Village of Family means an individual or two or more persons related to each other Up to 6 CD lslamorada, FL by rt blood, marriage, or adoption; or To `4�fo'�� °f �'� '`'� ���' � unrelated m �111��living together as a single housekeeping unit. This definition people does not apply to a group occupying a boardinghouse, hotel, or motel. Sarasota,FL Family: An individual, or two or more persons related by blood, Up to 4 U marriage or ado tion living together as a sint housekee mg unit, or a unrelated rou of i6"ZIN s ile"rfs' "not rO a ,z a people u,r���t"„�. i It. i ing to ether as a single housekeeping unit. Alachua County, Family: One or more persons occupying a living unit as a single, No limit a) FL nonprofit housekeeping unit. CU Miami Beach, FL Family means an individual or two or more persons related by blood or Up to 3 r_ �tS>S\��1��VlsFSS�}S 4 tS1l�ti�„s1�k- persons S1U6S,AS,t�t,��tt i 11�1f� (1R,i,t;�1j2�A\il 11 mama e, or a rout of , 1 `�u1 �1 to „��r e Crj u erg„ er ,, unrelated C. 'Q.rtee+�c� b�c�� q mamrY living together as a single people C' housekeeping unit in a dwelling. Broward County, Family: Any number of persons living together as a single housekeeping No Limit FL unit, whether legally related to each other or not. The persons 2' constituting a family may also include gratuitous guests and domestic M servants,but shall not include paying guests. U_i Fort Myers,FL Family means one or more persons living together as a single No limit housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity, or hotel. A personal 0 caretaker or nursing care provider serving one of the family members C.I and who lives onsite is also considered a family member. i Lauderdale-By- Family. One person or a group of two or more persons living together Up to 3 The-Sea,FL and interrelated by bonds of consanguinity, domestic partnership, unrelated 0 ,f� 1, ,I i )ti,fy'1, t 4r'1j '1 `s � m marriage or Teel adoption or a group of persons �����4��5', �� `� '�r���� people i tii���SS, ,,ti 'Sw qV' �c ub'erbo ame itot 2nrrlae� occupying the whole or part of a U) dwelling as a separate housekeeping unit with a single set of culinary 001 facilities. The persons thus constituting a family may also include CD gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the State Department of Children and Families (DCF) or to a child-placing agency licensed by DCF, or who is otherwise considered to be a foster child under the laws E of the State, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of this chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a family. Lee County,FL Family: One or more persons occupying a dwelling unit and living as a Up to 2 single nonrofit housekeemg unit, rovided that arou of " ` `' ����' rr unrelated P �t 1s� �t �t „', 'tbo4 ,<kil. 4 alor4n �'TLo people "I e demedh`o eQ � fYa and further provided that domestic em to ees ma be housed on the remises without bein counted as a BOCC SR Page 11 of 19 File No.2019-098 Packet Pg.4295 R.3.c separate or additional family. The tern "family" shall not be construed to mean a fraternity, sorority, club, monastery, convent or institutional group. Martin County,FL Family: Up to 5 1. One or more persons related by blood, marriage, adoption, or unrelated guardianship occupying a single residential dwelling unit as a single people housekeemg unit and sharing common facilities; or ttz t�}?�}"sills}t1S\U}��St'�t vq d�S<<y ri�(1, a��i�z 2. �� rib f' a r ` occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. Orange County, Family shall mean an individual; or two (2) or more persons related by Up to 4 co FL blood, marriage or adoption, exclusive of household servants, occupying unrelated ae " ellm ,,�taR��1; 1\ ,asas,a, � le hr <<sel� lto,,, ' iu \(4, r'$ people y d exclusive of household servants, occupying a dwelling and living as a single housekeeping unit, in either case as distinguished from persons oe occupying a boardinghouse, lodging house, rooming house, nursing U 2 home, community residential home,or hotel, as herein defined. City of Orlando, Family: One or more persons occupying a single dwelling unit and Does not FL living as a single housekeeping unit, provided that unless all members mention are related by blood, marriage, adoption or foster care responsibility, no unrelated such family shall contain over five persons. people E This tern includes Community Residential Homes occupied by not over six CRH residents; but does not include any fraternity, sorority, club, Family is a C. convent,monastery, or group housing. max of 5 CL people. 0 St. Pete Beach,FL Family means one or more individuals related by blood, marriage, or Up to 4 0 adoption or fostering of children under the age of 25, and up to two unrelated 2' unrelated persons who serve as caretakers, servants, or housekeepers, people occupying a dwelling unit and living as a single household unit Family L0-� 4 rf t Ur}Sit �,\ 1A 1)sl�4 sS�Pq'1Al�l\,' 'i h )s�•�7� ��lit' r l{1111� r r,��s,�;�A111 ] il'1 +- shall ifalso s be defined as\al ,\ `FS'<<less a"reed '��h�r���� f ��ie � 0 &&§8 �e r� x�en oee ' m �'� The tern family shall not be construed to mean a fraternity, sorority, club, or other institutional 0 group. CL Town of Palm Family means an individual; or two or more persons related by legal Up to 3 �� pU�1111t\v?sP19s�i i tl\\ 17�l �1}"\}r\i Beach,FL adotion blood, or a licit mamae, or a groin of �pei��� unrelated , Q 3 }s} «\Q } di, i`cit' `e'i' 1 " '' %"' U\l ` li r�'r'ri% living together as people 0 a single housekeeping unit in a dwelling. Pensacola,FL Family means one or more persons occupying a dwelling unit and using Does not Cn common utility services,provided that unless all members are related by mention 001 blood or marriage,no such family shall contain over four(4)persons. unrelated Q people 04 Family is a max of 4 as E people Jacksonville,FL Family means one or more persons occupying a single dwelling unit; Does not provided, that, unless all members are related by law,blood, adoption or mention marriage, no family shall contain over five persons. Domestic servants unrelated employed on the premises may be housed on the premises without being people counted as a separate or additional family or families. The tern family shall not be construed to mean a fraternity, sorority, club, monastery or Family is a convent, rooming or boardinghouse, emergency shelter, emergency max of 5 shelter home, group care home, residential treatment facility, recovery people BOCC SR Page 12 of 19 File No.2019-098 Packet Pg.4296 R.3.c home or nursing home, foster care home or family care home. St. Lucie County, Family: One (1) or more persons occupying a single housekeeping unit, Does not FL provided that unless all members are related by blood, legal adoption, or mention marriage,no such family shall contain over six(6)persons, and provided unrelated further that such family may include gratuitous guests and domestic people servants. Family is a max of 6 people 00 1 co Q 2 U.S. Census Bureau 3 Family: A family is a group of two people or more (one of whom is the householder) related by birth 4 marage, or adoption and residing together; all such people (including related subfamily members) are ;�. 5 considered as members of one family. Beginning with the 1980 Current Population Survey, unrelated 6 subfamilies (referred to in the past as secondary families) are no longer included in the count of families, 0e 7 nor are the members of unrelated subfamilies included in the count of family members. The number of U 8 families is equal to the number of family households, however, the count of family members differs from 9 the count of family household members because family household members include any non-relatives living 10 in the household. 11 12 Family group: A family group is any two or more people (not necessarily including a householder)residing CU 13 together, and related by birth, marriage, or adoption. A household may be composed of one such group, 14 more than one, or none at all. The count of family groups includes family households, related subfamilies, C. 15 and unrelated subfamilies. CL 16 0 17 Family household: A family household is a household maintained by a householder who is in a family (as 18 defined above), and includes any unrelated people (unrelated subfamily members and/or secondary 2' 19 individuals) who may be residing there. The number of family households is equal to the number of E 20 families. The count of family household members differs from the count of family members, however, in L0-� 21 that the family household members include all people living in the household, whereas family members 0 22 include only the householder and his/her relatives. See the definition of family. 23 0 24 HUD (§ 570.3—Definitions) _CL 25 Family refers to the definition of"family"in 24 CFR 5.403. 0 26 c> 27 24 CFR 5.403: Family includes, but is not limited to, the following, regardless of actual or perceived 28 sexual orientation, gender identity, or marital status: M i 29 (1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly W 30 person, or any other single person; or 001 31 (2) A group of persons residing together, and such group includes,but is not limited to: Q 32 (1) A family with or without children (a child who is temporarily away from the home because 33 of placement in foster care is considered a member of the family); 04 34 (ii) An elderly family; 35 (iii) A near-elderly family; 36 (iv) A disabled family; M 37 (v) A displaced family; and 38 (vi) The remaining member of a tenant family. 39 40 Household means all persons occupying a housing unit. The occupants may be a family, as defined in 24 41 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who 42 share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital 43 status. 44 BOCC SR Page 13 of 19 File No.2019-098 Packet Pg.4297 R.3.c I APA-A Planners Dictionary 2 Family: A person living alone, or any of the following groups living together as a single nonprofit 3 housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: (1) any number of 4 people related by blood,marriage, adoption, guardianship, or duly-authorized custodial relationship; (2) two 5 unrelated people; (3) two unrelated people and any children related to either of them; (4) not more than 6 eight people who are: (a)residents of a"Family Home" as defined in the [state code] and this ordinance; or 7 (b) "handicapped" as defined in the Fair Housing Act . . . and this ordinance. This definition does not 8 include persons currently illegally using or addicted to a "controlled substance"; (5) three or more people 9 who are granted a special-use penult as a"functional family"pursuant to the special use penult procedures 10 section of this ordinance. Family does not include any society, club, fraternity, sorority, association, lodge co 11 combine, federation, coterie, or like organization; any group of individuals whose association is temporary 12 or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal Q 13 offenses. (Ames,Iowa) 14 15 One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless 0e 16 all members are related by blood, marriage, or adoption, no such family shall contain over six persons, U 17 including any roomers, boarders, and/or domestic servants. A home for independent living with support 18 personnel that provides room and board,personal care and habilitation services in a family environment as a 19 single-housekeeping unit for not more than six resident elderly or disabled persons (mentally and/or E 20 physically impaired) with at least one, but not more than two resident staff persons shall be considered a 21 family. (Tulsa, Okla.) E 22 r_ CU 23 Two or more persons related by blood, marriage, adoption, or not more than four persons not related by L 24 blood,marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization. (Boone C 25 County,Mo.) of 26 0 27 An individual or two or more persons related to each other by blood, marriage, or adoption, or a group of 21 28 not more than four persons not all so related, together with his or their domestic servants, living in a E 29 dwelling unit. A family may include, in addition thereto, not more than two boarders, roomers, or U� 30 permanent guests,whether or not gratuitous. (Roswell,N. Mex.) 31 32 One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children 0 33 (and including the domestic employees thereof) together with not more than two persons not so related, _i 34 living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional CL 35 group of four or fewer persons living in such housekeeping unit shall be considered a separate family for the 36 purpose of this code. (St.Paul,Minn.) 37 m 38 Two or more persons related to each other by blood, marriage, or legal adoption living together as a single 39 housekeeping unit; or a group of not more than three persons who need not be related by blood,marriage, or U)i 00 40 legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit. (Lake a) 41 County,Ill.) 42 04 43 One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a 44 group occupying a rooming house or motel. (Gorham,Maine) 45 46 One or more persons occupying a premise[s] and living as a single housekeeping unit as distinguished from 47 a group occupying a boardinghouse, lodging house, or hotel as herein defined. (Scottsdale, Ariz.) 48 49 An individual, or two or more persons related by blood, marriage or adoption, or a group of unrelated 50 persons which, if it nunbers five or more persons, must be living together as a group in a dwelling unit, 51 using common cooking facilities and as a group bear the generic character of a family as a relatively 52 permanent household. (Santa Rosa, Calif) 53 BOCC SR Page 14 of 19 File No.2019-098 Packet Pg.4298 R.3.c I Any number of persons living together as a single housekeeping unit under a common housekeeping 2 management plan. (Clarkdale, Ariz.) 3 4 One or more persons immediately related by blood, marriage or adoption living together as a single 5 housekeeping unit in a dwelling unit together with any domestic employees. A group of not more than six 6 unrelated persons living together as a single housekeeping unit with their domestic employees shall also be 7 considered a family. (Lake Elsinore, Calif.) 8 9 Either: (a) One or more persons related by blood, adoption, or marriage, living and cooking together as a 10 single nonprofit housekeeping unit, inclusive of household servants, or (b) Two to six persons living and co 11 cooking together as a single nonprofit housekeeping unit having a continuing nontransient domestic 12 character though not related by blood, adoption, or marriage. This definition shall not include any society, Q 13 club, coterie or organization which is not a recognized religious order nor does it include any group of 14 individuals whose association is temporary or seasonal or similar to a resort, boarding house, motel, hotel, 15 or whose association is for an anticipated limited duration or for a determinable period such as a school tern 0e 16 or terns. (Beverly Hills, Calif.) U 17 18 Household. The person or persons occupying a dwelling unit(Growing Smart Legislative Guidebook). 19 E 20 A family living together in a single dwelling unit with common access to, and common use of, all living and 21 eating areas and all areas and facilities for the preparation and storage of food within the dwelling E 22 unit. (Siskiyou County, Calif) 23 CL 24 A family living together in a single dwelling unit with common access to and use of all living and eating CL 25 areas within the dwelling unit. (Clarkdale, Ariz.) 0 26 0 27 A domestic establishment including a member or members of a family or others living under the same roof. 21 28 (Sandy, Ore.) E 29 Ui 30 Any number of individuals living together on the premises as a single housekeeping unit, as distinguished 31 from a group occupying a boarding house, lodging house, or hotel as defined herein. (Vadnais Heights, a U 32 Minn.) 0 33 34 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE i 35 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 36 37 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 38 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: Cn 39 a) 40 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure a) 41 the safety of County residents and visitors, and protect valuable natural resources. Q 42 43 Objective 101.3: Monroe County shall regulate new residential development based upon the 44 finite carrying capacity of the natural and man-made systems and the growth capacity while 45 maintaining a maximum hurricane evacuation clearance time of 24 hours. 46 47 Policy 101.3.1: Monroe County shall maintain a Permit Allocation System for new residential 48 development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit 49 Allocation System shall limit the number of permits issued for new residential dwelling units. 50 The ROGO allocation system shall apply within the unincorporated area of the county, 51 excluding areas within the county mainland and within the Ocean Reef planned development BOCC SR Page 15 of 19 File No.2019-098 Packet Pg.4299 R.3.c I (Future development in the Ocean Reef planned development is based upon the December 2 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the 3 Department of Community Affairs). New residential dwelling units included in the ROGO 4 allocation system include the following: affordable housing units; market rate dwelling units; 5 mobile homes; and institutional residential units (except hospital rooms). 6 7 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a 8 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation 9 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet 00 10 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or 11 associated wet slips are not considered ROGO allocation awards, and may not be used as the Q 12 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption). 13 14 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; oe 15 and seasonal residential units are subject to Policy 101.3.5. 16 17 Policy 101.3.5: Due to the limited number of allocations and the State's requirement that the E 18 County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County 19 shall prohibit new transient residential allocations for hotel or motel rooms, campground E CU 20 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully 21 established transient units shall be entitled to one unit for each type of unit in existence before 22 January 4, 1996 for use as a ROGO exemption. 23 0 24 Policy 301.2.3: Monroe County shall not permit new development which would significantly 0 25 degrade the LOS below the adopted LOS standards on U.S. 1 (overall) unless the proportionate 21 26 share of the impact is mitigated. The development of one single family residential unit, on a CU 27 single parcel, shall be considered de minimis and shall not be subject to this requirement. A i 28 five percent projected decrease in travel speeds, below LOS C, is a significant degradation in 0 29 the level of service on U.S. 1. Traffic volume which exceeds the LOS D standard by more than U 30 five percent is a significant degradation in the level of service on any other County road. 0i 31 32 B. The amendment is consistent with the Principles for Guiding Development for the Florida 33 Keys Area, Section 380.0552(7), Florida Statutes. 34 mi 35 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the W 36 principles for guiding development and any amendments to the principles, the principles shall be U)I 37 construed as a whole and no specific provision shall be construed or applied in isolation from the other � 38 provisions. 39 0, 40 (a) Strengthening local government capabilities for managing land use and development so that local 41 government is able to achieve these objectives without continuing the area of critical state concern a) 42 designation. c 43 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 44 beds,wetlands, fish and wildlife, and their habitat. 45 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical 46 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, 47 and their habitat. 48 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 49 development. 50 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. BOCC SR Page 16 of 19 File No.2019-098 Packet Pg.4300 R.3.c I (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 2 and ensuring that development is compatible with the unique historic character of the Florida Keys. 3 (g) Protecting the historical heritage of the Florida Keys. 4 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed 5 major public investments, including: 6 7 1. The Florida Keys Aqueduct and water supply facilities; 8 2. Sewage collection, treatment, and disposal facilities; 9 3. Solid waste treatment, collection, and disposal facilities; 00 10 4. Key West Naval Air Station and other military facilities; 11 5. Transportation facilities; 12 6. Federal parks,wildlife refuges, and marine sanctuaries; Q 13 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 14 8. City electric service and the Florida Keys Electric Co-op; and 15 9. Other utilities, as appropriate. 0e 16 U 17 i Protecting and improving water quality b providing for the construction operation, maintenance O g p g q Y yp g � p .� 18 and replacement of stormwater management facilities; central sewage collection; treatment and 19 disposal facilities; and the installation and proper operation and maintenance of onsite sewage E 20 treatment and disposal systems. 21 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of E 22 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), 23 as applicable, and by directing growth to areas served by central wastewater treatment facilities ZL 24 through penult allocation systems. CL 25 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 0 26 Keys. 0 27 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 21 28 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 29 natural or manmade disaster and for a postdisaster reconstruction plan. U- 30 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 31 the Florida Keys as a unique Florida resource. a 32 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 0 33 Principles for Guiding Development as a whole and is not inconsistent with any Principle. _CL 34 0 35 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 36 (F.S.). Specifically, the amendment furthers: 0 37 38 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and U) 39 enhance present advantages; encourage the most appropriate use of land, water, and resources, 001 40 consistent with the public interest; overcome present handicaps; and deal effectively with future Q 41 problems that may result from the use and development of land within their jurisdictions. Through 42 the process of comprehensive planning, it is intended that units of local government can preserve, 04 43 promote, protect, and improve the public health, safety, comfort, good order, appearance, 44 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and E 45 efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, 46 housing, and other requirements and services; and conserve, develop, utilize, and protect natural 47 resources within their jurisdictions. 48 49 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal 50 status set out in this act and that no public or private development shall be permitted except in 51 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in 52 conformity with this act. 53 BOCC SR Page 17 of 19 File No.2019-098 Packet Pg.4301 R.3.c 1 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 2 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal 3 development of the area that reflects community commitments to implement the plan and its 4 elements. These principles and strategies shall guide future decisions in a consistent manner and 5 shall contain programs and activities to ensure comprehensive plans are implemented. The sections 6 of the comprehensive plan containing the principles and strategies, generally provided as goals, 7 objectives, and policies, shall describe how the local government's programs, activities, and land 8 development regulations will be initiated, modified, or continued to implement the comprehensive 9 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 10 regulations in the comprehensive plan but rather to require identification of those programs, co 11 activities, and land development regulations that will be part of the strategy for implementing the 12 comprehensive plan and the principles that describe how the programs, activities, and land Q 13 development regulations will be carried out. The plan shall establish meaningful and predictable 14 standards for the use and development of land and provide meaningful guidelines for the content of 15 more detailed land development and use regulations. 0e 16 U 17 163.31771 2 a F.S. — "Accessory dwellingunit means an ancillaryor secondary living unit that has ( )( )� ry ,> ry g � .� 18 a separate kitchen, bathroom, and sleeping area, existing either within the same structure, or on the 19 same lot, as the primary dwelling unit. E 20 21 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory E 22 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be 23 implemented, in part, by the adoption and enforcement of appropriate local regulations on the C—`� 24 development of lands and waters within an area. It is the intent of this act that the adoption and C 25 enforcement by a governing body of regulations for the development of land or the adoption and 0 26 enforcement by a governing body of a land development code for an area shall be based on, be 0 27 related to, and be a means of implementation for an adopted comprehensive plan as required by this 21 28 act. 29 30 VI. PROCESS 31 32 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 0 33 Planning Commission, the Director of Planning, or the owner or other person having a C� 34 contractual interest in property to be affected by a proposed amendment. The Director of �1 35 Planning shall review and process applications as they are received and pass them onto the 0 36 Development Review Committee and the Planning Commission. mi 37 38 The Planning Commission shall hold at least one public hearing. The Planning Commission shall Cni 00 39 review the application, the reports and recommendations of the Department of Planning & Q 40 Environmental Resources and the Development Review Committee and the testimony given at 41 the public hearing. The Planning Commission shall submit its recommendations and findings to N 42 the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 43 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff E 44 recommendation, and the testimony given at the public hearing. The BOCC may or may not U 45 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to 46 State Land Planning Agency, which then reviews the proposal and issues an Objections, 47 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County 48 has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 49 amendment. 50 51 BOCC SR Page 18 of 19 File No.2019-098 Packet Pg.4302 R.3.c 1 2 VII. STAFF RECOMMENDATION 3 4 Staff recommends approval of the proposed amendment. 5 6 VIILEXHIBITS 7 8 1. February 15, 2017 Monroe County BOCC agenda item for the IDO 9 2. Resolution 087-2017 and March 15, 2017 Monroe County BOCC agenda item co 10 3. Ordinance 012-2017 and July 19, 2017 Monroe County BOCC agenda item 11 4. Ordinance 018-2018 and August 15, 2018 Monroe County BOCC agenda item Q 12 5. Ordinance 027-2019 and July 17, 2019 Monroe County BOCC agenda item 13 6. Search results of the term "family" within the Monroe County Code of Ordinances, 14 Comprehensive Plan and Land Development Code oe 15 7. February 19, 1998 Monroe County BOCC agenda item for the MOU with DCA U CL CL 21 i 0 e U 0 CL i i i Cn 00 a) 04 U BOCC SR Page 19 of 19 File No.2019-098 Packet Pg.4303 R.3.d BOARD OF COUNTY COMMISSIONERS County of Monroe } �kl Mayor George Neugent,District 2 �iti ��b� Mayor Pro Tem David Rice,District 4 he Florida Keys 4A' P"nq Danny L.Kolhage,District I Heather Carruthers,District 3 Sylvia J.Murphy,District 5 00 County Commission Meeting February 15, 2017 Agenda Item Number: L.7 Agenda Item Summary #2667 BULK ITEM: No DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430 E 10:00 A.M. C. CL AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim Development Ordinance to not process private applications for comprehensive plan or land 0 development code amendments, development agreements (including 380 development agreements) and minor and major conditional use permits, 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 CU 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" C of a dwelling unit. C, 0 ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule CrJ and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The 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. 2 6 There has been recent discussion regarding the use of a "lock-out" (an undefined term in the Cn comprehensive plan or land development code but typically defined as a separate space with a bedroom/bathroom)within a dwelling unit. 0 m a� "Lock-outs" may create unintended consequences, not discussed or analyzed during the recently Q adopted comprehensive plan and land development code amendments, adopted in April 2016. Ln 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." U_ History of Definitions: Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code the 2010 Comprehensive Plan included: U 2010 Comprehensive Plan and Land Development Code: Packet Pg.4304 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 potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family CO members. �+ 2010 Land Development Code definitions Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment 0e. U 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 E and stove.* The Land Development Code did not include a definition for family. 0 2030 Comprehensive Plan: The newly adopted 2030 Comprehensive Plan includes the following new definitions: r_ a� Dwelling Unit means one or more rooms physically arranged for occupancy by one household CL C sharing common living, cooking, and toilet facilities. L 0 Household means all the people who occupy a housing unit. A household includes the related family CU members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people r_ sharing a housing unit such as partners or roomers, is also counted as a household. g U Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: D 1 An number of people related b blood marriage, adoption, guardianship, or duly authorized O y p p y � g � p � � p� y t� custodial relationship; 0 (2)three unrelated people; (3)two unrelated people and any children related to either of them. N LO "2030" Land Development Code: a_ The newly adopted 2030 Code includes the following definitions: Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing common living, cooking, and toilet facilities. E U Packet Pg.4305 ,. . r . „. " gllfn g r a rm arz oneor more ro orns ph °sac aLv arrange d for o scup nc b�: one residential household sharing cornrnon living,cooking, and toilet facilitie-s. 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 U who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Householdmeam all the people who o c cupy a housing unit. A household includes the related family°members and all the unrelated p e ogle,if and such a s to dgers., foster children. wards., r Crj employ e es vi-ho share the housing unit. A p erson living alone ui a housing,unit,or a loup c f CL unrelated people sharing a housing unit such as partners or roomers, is also counted as a CL household. 0 Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: CU (1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership or duly-authorized custodial relationship; 0 (2) Three unrelated people; 0- (3) Two unrelated people and any children related to either of them. 0 Crj Fam.lt means a person living alone., or people living together as a single household and sharing common living,cooking,and toilet facilities: 0 '1)Anvn=berofpeo1ole related bvblood.tnartiage.afttionguardianslnp domestic partnership or duly-authorized Gusto dial relati©nshi (2) Threeumelatedpeotale. 2 (3) T.Tounrelatedpegple and aM children related to either ofthem U i Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a D residence for a household for non-transient occupancy, excluding hotel, motel, and recreational c� vehicle. m a� P43nngngn Unitmeansad:v-elling unit.that.is designed for,and capahleof,sen°ingas a residence for a household occupancy°.excluding hotel,motel,and recreational Ln Vehicle._ * This definition is currently included in the Land Development Code but that term only appears V_ once, in one Section 138-22(2)b.2.(i). W PREVIOUS RELEVANT BOCC ACTION: E December 11, 2013: Development Agreement approved by BOCC for Oceanside Investors allowing U 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 Packet Pg.4306 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 units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the existing, partial ly-condominiumized marina and co accessory development. Q June 30, 2014: 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 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, E Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. E r_ December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the CL CL development agreement, adding adjacent property and the abandoned right-of-way, increased the E allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights 0 associated with a previous approval related to Hawk's Cay and amended the conceptual site plan. 0 a March 18, 2015: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue r_ located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside Marina property increased in size. C, 0 L_ CL June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the 0 development agreement, adding adjacent abandoned right-of-way, increased the total number of CU transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site 0 plan. 0 CONTRACT/AGREEMENT CHANGES: 2 n/a 6 D STAFF RECOMMENDATION: 0 DOCUMENTATION: Oceanside summary timeline and staff_2-1-17 (MinuteTraq printer) Ln FINANCIAL IMPACT: a_ X Effective Date: Expiration Date: E Total Dollar Value of Contract: U Total Cost to County: Current Year Portion: Packet Pg.4307 Budgeted: Source of Funds: CPI: 00 Indirect Costs: co Q Estimated Ongoing Costs Not Included in above dollar amounts: Q Revenue Producing: If yes, amount: Grant: County Match: U Insurance Required: Additional Details: CU r- REVIEWED BY: CL Bob Shillinger Completed 02/01/2017 2:54 PM CL E Kathy Peters Completed 02/01/2017 3:07 PM 0 Board of County Commissioners Pending 02/15/2017 9:00 AM 0 CU a) Cn 0 CL L- CL Crj Cn 0 0 U D 04 Ln U Packet Pg.4308 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 Avenue (real estate 4 00127420-000100 only) allowed for the construction of a 9,600 SF storage building and other co associated accessory improvements. Q Approved by Planning Commission on July 1997: PC Resolution 4 P52-97, an amendment to the major a> 10, 1997 conditional use permit for part of the Oceanside property, 5950 Peninsular Avenue (real estate 4 00127420-000000 only) allowed for the construction of 22 attached, market rate -le. U residential dwelling units; one boat storage building; an addition to an existing restaurant; and other associated accessory improvements. E Signed by County Mayor, Shirley Freeman, 1999: Development Agreement between the County, the as on January 19, 2000 Florida Department of Community Affairs, Paradise Island Park, Inc. and Key West Oceanside allowing the transfer of 22 L market-rate TREs and TDRs from Paradise Island Park to the C Oceanside property (recorded on April 7, 2000). 0 Following issuance of PC Resolution 4 P52-97, Oceanside 0 Investors' predecessor in interest acquired 5970 Peninsular Avenue. Further, the 22 attached, market rate residential dwelling units were constructed. as 0 CL Signed by County Mayor McCoy on July 19, 2006: 380 Agreement between Overseas Redevelopment 0- 2006 Company, LLC, Department of Community Affairs and C' 0 Monroe County allowing the redevelopment of Overseas a Trailer Park on Stock Island as a 49-unit workforce housing project and the offsite transfer of 32 market rate ROGO exemptions. Approved by Planning Commission on April 2007: PC Resolution 4 P21-07, an amendment to a major 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 en 00127420-000000 and 00127420-000100, as well as other Aref Joulam is Planning Director property associated with a condominium development) 0 allowed for the demolition of several buildings and m o�� ( �i�)��i�Us irUU�� is�f��19ry;Sal l ti 194�i t��a�l�,}S4 n-UL1�t)1� fib!��d1US'1���,� � S�1�i)�1Vi t4,tlS;SV� Staff report by Julianne Thomas construction of 32 she in rk C f �� e�kiid�1 clwet tin" r- t 2 boat barns, 8 wet slips, and other associated accessory Q i1��! lsi ?\}t 11 ts� �Sf (`Ott i{;>>A➢i�» �iS 1 i'l9i �71��r i��4 f�IU�UV0 y t)� t if N (Applicant is Kings Point Marina LLC) improvements �s �f s � � js �� �� t�r ��,��+� S4s� t � t� Ln (i� ,�1�(��1, 4 r�i41��k�1(tl� }il�� �7 ��llt tti i4��rt l� ''�r t�}lfiit 1 t�tt}�� ���,���11�� l�\ �� ��'��s ti � tiY�at�.� � Transmitted to DCA on 5/11/07, DCA did not �,�h '<< � ���1`� ' U :tQ�Lek %theequited� U_ !�'�;�1d��4i���St V � ilsi�lr,ty stlu�s ~tit appeal the item, find b1e,�iott7gc�t 3f,pdeet.' 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 CU Approved by BOCC on December 11,2013 from three sender sites to the Oceanside property, with the (Mayor Sylvia Murphy-unanimous transferred market-rate TRE's to be converted to, or replaced approval) with, an equivalent amount of 99-year deed-restricted Page 1 of 6 Packet Pg.4309 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 dwelling units, Townsley Schwab is Planning Director which may be used as vacation rentals, up to ENEW a new restaurant with up to 150 seats, and other BOCC Agenda item summary staff contact: improvements related to the existing, partially- Q Joe Haberman & Christine Hurley condominiumized marina and accessory development. Q PC recommended approval to BOCC via Resolution P29-13, approved on November 15,2013—unanimous approval U Transmitted to DEO (formerly DCA) on 1/3/14, DEO did not appeal the item. E 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, CU construct 78 new market rate residential dwelling units, M Staff report by Joe Haberman construct � �� � " , construct a new restaurant and FL carry out associated site improvements. C Townsley Schwab is Planning Director 0 0 Transmitted to DEO (formerly DCA) on 5/1/14,DEO did not appeal the item. CU a) Approved by Planning Director Townsley 2014: Development Order 404 14, a minor conditional use W Schwab on November 19, 2014 permit allowing the transfer of `r Asa�� ��� required to facilitate C the project approved for the Oceanside property. The CL 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 CU Transmitted to DEO (formerly DCA) on easement prohibiting its future development. 12/19/14,DEO did not appeal the item 0 Resolution 116-2014 2014: Resolution 4 116-2014 approved for a right-of-way U 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 Cn Sylvia Murphy—vote: three Yes, one No, and Block 60). As a result, the Oceanside property increased in one Abstained) size. 0 Staff report by Joe Haberman Townsley Schwab is Planning Director N Ln BOCC Agenda item summary staff contact: a� Joe Haberman & Christine Hurley Memo from Susan Grimsley &Bob Shillinger (memo addresses termination of right of way a� on water) U Does not get sent to DEO per MOU BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale Page 2 of 6 Packet Pg.4310 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 House property. As a result, the Oceanside Marina property increased in size. C0 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, Danny Kolhage—unanimous approval) allowed the transfer of up to 12 vested rights associated with a previous approval related to � Staff report by Joe Haberman Hawk's Cay and amended the conceptual site plan. 0 Townsley Schwab is Planning Director BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley cri r- PC recommended approval to BOCC via CL Resolution P40-14, approved on November C' E 19,2014—unanimous approval(Lustberg 0 absent) 0 0 Transmitted to DEO(formerly DCA) on I/7/I5, DEO did not appeal the item. CU at 0 Approved by Planning Director Townsley 2014: Development Order 406 14, a minor conditional use CL C Schwab on December 12,2014 permit allowing the transfer of',10, T7/1b� required to facilitate CL the project approved for the Oceanside property. The 0 Staff report by Matt Coyle Development Order required the sender site(s) to be a) dedicated to the County or b) placed in a conservation Transmitted to DEO (formerly DCA) on easement prohibiting its future development. 0 1/12/15,DEO did not appeal the item 0 U Resolution 115-2015 2015: Resolution 4 115-2015 approved for a right-of-way abandonment of a segment of Peninsular Avenue located U) Approved by BOCC on March 18, 2015 north of the Oceanside property (lying between Block 46 and (Mayor Danny Kolhage—vote: one No, four Block 60). As a result, the Oceanside Marina property Yes) increased in size. 0 m Staff report by Joe Haberman 04 Ln Townsley Schwab is Planning Director (During BOCC meeting, Mayte Santamaria appointed replacement Planning Director V- after Townsley's retirement up to 6 month >� overlap- expected to retire April 2015) LU BOCC Agenda item summary staff contact: Joe Haberman & Christine Hurley U Does not get sent to DEO per MOU Page 3 of 6 Packet Pg.4311 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 � liffiffillIfIlM and amend the approved site plan. Staff report by Joe Haberman co Townsley Schwab is Planning Director Q Transmitted to DEO (formerly DCA) on 4/24/15,DEC) did not appeal the item. 0 Approved by Planning Director Mayte 2015: Development Order 404-15 (typo previously typed 06- 0 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 a� Transmitted to DEO (formerly DCA) on cri 6/25/15,DEO did not appeal the item r- C. Resolution 158-2015 2015: Resolution No. 158-2015, 2° amendment to the development agreement, adding adjacent abandoned right-of- 0 Approved by BOCC on June 10,2015 (Mayor way, increased the total number of transferred market rate Danny Kolhage—unanimous approval) residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. Staff report by Matt Coyle a� 0 Townsley Schwab is Planning Director(Dec CL C 2014 Mayte Santamaria appointed C, replacement Planning Director after 0 Townsley's retirement—up to 6 month CU overlap) 0 BOCC Agenda item summary staff contact: 0 Matt Coyle & Christine Hurley U a� PC recommended approval to BOCC via Resolution P11-15, approved on April 29, 2015—unanimous approval(Werling absent) 0 Transmitted to DEO (formerly DCA) on 8/12/15, DEO did not appeal the item. Ln 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 exemptions to the Oceanside Property. Staff report by Matt Coyle W Transmitted to DEO (formerly DCA) on a� 7/27/15,DEO did not appeal the item U cri 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. Page 4 of 6 Packet Pg.4312 Staff report by Matt Coyle& Joe Haberman Transmitted to DEO (formerly DCA) on 12/10/15,DEC) did not appeal the item 00 Approved by Planning Director Mayte 2015: Development Order 409-15, a minor conditional use co 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 easement prohibiting its future development. Transmitted to DEO (formerly DCA) on � 12/10/15,DEO did not appeal the item 0 Approved by Planning Director Mayte 2015: Development Order 408-15, a minor conditional use E Santamaria on October 22,2015 permit allowing the transfer of T��V� 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 easement prohibiting its future development. CU Transmitted to DEO (formerly DCA) on C- 12/10/15,DEO did not appeal the item C' E 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 market rate residential dwelling unit. Staff report by Matt Coyle 0 CL Does not get sent to DEO per MOU 0 CL Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use Santamaria on February 1, 2016 permit in order to revise the approved site plan by removing CU the resort swimming pool on the northernmost parcel (RE 4 Staff report by Matt Coyle 00126210-000000), relocation of the watersports, fitness and restroom building and the reconfiguration of the off-street 0 Does not get sent to DEO per MOU parking for the site. U 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 the gatehouse building and the repositioning of the proposed c.> Staff report by Devin Rains dockmaster building, the reconfiguration of the off-street 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 Q expansion of the fish cleaning station, and other changes to Ln open space for the site (File 4 2016-103). Approved by Planning Commission on 2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use December 15, 2016 Permit approval, which would allow beer, wine and liquor in LU connection with operation of hotel, motel, motor court or Staff report by Kevin Bond condominium; sale by the drink for consumption on premises aa) and package sales in sealed containers Ec Mayte Santamaria is Planning Director U Does not get sent to DEO per MOU Page 5 of 6 Packet Pg.4313 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" 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 00 Does not get sent to DEO per MOU approved Development Agreement (the original agreement CO approved on December 11, 2013 via BOCC Resolution No. 402-2013; the first amendment to the agreement approved on aQ December 10, 2014 via BOCC Resolution No. 373-2014; and the second amendment to the agreement approved on June 10 2015 via BOCC Resolution No. 158-2015). CL CL 0 CL L_ CL 0 0 U D CD 04 LO U Page 6 of 6 Packet Pg.4314 Q) 0 U 0 MONROE COUNTY, FLORIDA RESOLUTION NO. 087 -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO o PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE 0 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 PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND 0 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 L0 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 2- CU February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the CU 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 0 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.4315 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 0 comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and CL WHEREAS, staff has been directed to process an ordinance to ensure that no new private CL applications will be processed for comprehensive plan or land development code amendments, 0 development agreements (including 380 development agreements), and minor and major conditional 0 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," 0 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. C 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: L CL CL Staff of the Monroe County Planning and Environmental Resources Department shall process C 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 `U 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 Cn U Page 2 of 3 Packet Pg.4316 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. 0 Mayor George Neugent Yes U Mayor Pro Tem David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes CU BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 0 BY 'C .tea. Mayor George Neugent } `R, 0 O L 0 O® N y � ATT VIN MADOK, CLERK DEPUTY CLERK 2 CL CL Ln MONROE COUNTY TTORNEY OVED AS ORlt' STEVE T. WILLIAMS ASSISTANT�0yr TY ATTORNEY Date y� Ln r oo 2 N CJl U Page 3 of 3 Packet Pg.4317 '" BOARD OF COUNTY COMMISSIONERS Coun of Monroe �a } �4�1 Mayor George Neugent,District 2 �iti���b� Mayor Pro Tem David Rice,District 4 The Florida Keys � � A�s ��d�1 y a) `�' n Danny L.Kolhage,District I s Heather Carruthers,District 3 " Sylvia J.Murphy,District 5 0 U County Commission Meeting March 15, 2017 Agenda Item Number: H.7 Agenda Item Summary #2727 0 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources 0 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 0 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 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 Ln ITEM BACKGROUND: 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 I dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. Q 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.4318 R.3.e 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 0 regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a U 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 E become effective, whichever comes first. The resolution would take effect immediately upon adoption. PREVIOUS RELEVANT BOCC ACTION: E 0 On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim 0 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 0 dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. 0 CONTRACT/AGREEMENT CHANGES: CU n/a 0 STAFF RECOMMENDATION: Approval 2 DOCUMENTATION: D Resolution directing an IDO (Carruthers discussion item) Carruthers-Discussion item on IDO 2-15-17 m FINANCIAL IMPACT: 04 Ln Effective Date: 2- Expiration Date: Total Dollar Value of Contract: Total Cost to County: Q Current Year Portion: I a Budgeted: Q Source of Funds: 0 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: 04 Revenue Producing: If yes, amount: Grant: County Match: U Packet Pg.4319 R.3.e Insurance Required: 0 Additional Details: 0 REVIEWED BY: Mayte Santamaria Completed 02/28/2017 9:20 AM CU Assistant County Administrator Christine Hurley Completed r- 02/28/2017 9:38 AM CL Steve Williams Completed 02/28/2017 2:55 PM E Jaclyn Carnago Completed 02/28/2017 3:01 PM 0 Budget and Finance Skipped 02/27/2017 2:34 PM Maria Slavik Skipped 02/27/2017 2:34 PM a� 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 Cn U Packet Pg.4320 U MONROE COUNTY, FLORIDA RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY E I c PROCESS AN ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT )' AND MINOR AND MAJOR CONDITIONAL USE PERMITS HOUSINGONLY AFFORDABLE ), WITH PROPOSED 2 OCCUPANCY " OR "TWO UNRELATED 0 THEM"PEOPLE AND ANY CHILDREN RELATED TO EITHER OF OF Aa - DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM ," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEWc 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 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 to "lock-out," due to pending legislation; N Monroe County policies and regulations adopted in the Monroe County as 00 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 2 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 >e discussion of the undefined term of"lock-out;" and U Pagel of 3 Packet Pg.4321 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 U WHEREAS, an ordinance addressing the interim time period between the current adopted 2 comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and CL WHEREAS, staff has been directed to process an ordinance to ensure that no new private applications will be processed for comprehensive plan or land development code amendments, c 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 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- CU 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, CU whichever comes first. oo 0 0 Cn U Page 2 of 3 Packet Pg.4322 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. U Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy BOARDCL OF COUNTY COMMISSIONERSCL OF O OE COUNTY, FLORIDA 0 Y -- Mayor George Neugent i 0 (SEAL) 0 0 ATTEST: KEVIN MADOK, CLERK 0 EPU CLERK MO O COUNTY ATTORNEY AP�t E48 TO •, CL CL 'I. W"f,dAMS ASSISTAW U 4N TY ►TT RNEY eo Date 9� Ln U oo 9� N e 9� 0 0 N U Page 3 of 3 Packet Pg.4323 R.3.f 0 00 5., co MONROE COUNTY, FLORIDA ORDINANCE 012 -2017 U 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 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 0 PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A 0 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 0 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING a 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 0 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT T 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 M WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 21 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan CU 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;" and WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on co February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation; and U 2017-053 Page 1 of 3 Packet Pg.4324 R.3.f 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 00 co and development; and Q r 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 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 adoptedCU 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 CL CL requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of o 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 a amendments, development agreements (including 380 development agreements), and minor and major CU 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 0 related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" T 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; 2 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 a) use permits (excluding applications proposing only affordable housing dwelling units); with proposed CU occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code "' regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. U 2017-053 Page 2 of 3 Packet Pg.4325 R.3.f 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 00 imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. co Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that U this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). M Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "landCU development regulation" as State law defines that term. This ordinance shall be filed in the Office of EL the Secretary of State of Florida, but shall not become effective until a notice is issued by the State CL Land Planning Agency or Administration Commission finding the amendment in compliance, and if 0 challenged until such challenge is resolved pursuant to Chapter 120, F.S. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of July , 2017. 0 Mayor George Neugent Yes Mayor Pro Tem David Rice Yes ,o ao Commissioner Danny L. Kolhage Yes 0 ck: Ln a 0 Commissioner Heather Carruthers Yes < Uj Commissioner Sylvia Murphy Yes W UZ oc)c) BOARD OF COUNTY COMMISSIONERS o �a OF MONROE COUNTY, FLORIDA04 C21 ) .. BY -� r.� Mayor George Neugent CU `rEAL1 Q } MON OE COUNTY A RNEY .A'1 TEST "'VIN MADOK, CLERK A v T M:. Z/ �..s-,e 57 V z".Ii. T. 115.r1.1..;':'ifs i ASSIST^JT GO NTY ATTORNEY DEPUTY CLERK Date r U V 2017-053 Page 3 of 3 Packet Pg.4326 R.3.f '" BOARD OF COUNTY COMMISSIONERS County ®f Monroe f =�4�1 Mayor George Neugent,District 2 b� .: Mayor Pro Tem David Rice,District 4 TheFlorida Keys �1 4A' P" Danny L.Kolhage,District I s Heather Carruthers,District 3 " Sylvia J.Murphy,District 5 � 0 r County Commission Meeting July 19, 2017 Agenda Item Number: 0.6 he he Agenda Item Summary #3144 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources E TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305)289-2500 3:00 PM 0 AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County 0 Commissioners to defer the approval of new applications or received applications that have not been 2 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 a by "three unrelated people" or "two unrelated people and any children related to either of them" of a r_ 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 T dwelling unit; providing for expiration within 365 days of the effective date of an interim c� 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 m State Land Planning Agency and the Secretary of State; providing for an effective date. 04 ITEM BACKGROUND: 21 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 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, Q 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was U complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The CU Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of 10 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. 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 Ec Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final U Packet Pg.4327 R.3.f 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 o August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- T 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 Development Code included definitions which were amended with the adoption of the new code in E April 2016. Neither document includes a definition of"lock-out." E CU The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in r_ 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 0 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending 0 legislation. 0 a 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 development r_ CU 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 Cn any children related to either of them" of a dwelling unit, and applications utilizing the term "lock- out." 0 PREVIOUS RELEVANT BOCC ACTION: Q The Board of County Commissioners on February 15, 2017, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" 21 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. CU The Board of County Commissioners adopted Resolution 087-2017, on March 15, 2017, directing Q 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 a) 380 development agreements), and minor and major conditional use permits (excluding applications CU proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated 10 people" or "two unrelated people and any children related to either of them" of a dwelling unit, and 0 applications utilizing the term "lock-out." "' CONTRACT/AGREEMENT CHANGES: n/a E U Packet Pg.4328 i R.3.f STAFF RECOMMENDATION: Approval 00 co DOCUMENTATION: 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: Effective Date: E Expiration Date: C. CL Total Dollar Value of Contract: Total Cost to County: 0 Current Year Portion: 0 Budgeted: Source of Funds: CPI: 0 Indirect Costs: a Estimated Ongoing Costs Not Included in above dollar amounts: r- Revenue Producing: If yes, amount: 0 Grant: T County Match: Insurance Required: 0 Additional Details: 04 21 REVIEWED BY: Mayte Santamaria Completed 06/26/2017 3:31 PM Crj Christine Hurley Completed 06/26/2017 4:53 PM V- Steve Williams Completed 06/27/2017 8:42 AM Jaclyn Carnago Completed 06/27/2017 11:42 AM Q Budget and Finance Skipped 06/26/2017 3:31 PM a) Maria Slavik Skipped 06/26/2017 3:31 PM r- Mayte Santamaria Completed 06/27/2017 4:49 PM Kathy Peters Completed 06/28/2017 12:17 PM 0 Board of County Commissioners Pending 07/19/2017 9:00 AM co U Packet Pg.4329 s i 00 C0 i MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT w 0 To: Monroe County Planning Commission U From: Mayte Santamaria, Senior Director of Planning & Environmental Resources Date: June 26, 2017 CU 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 E COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, 0 DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT 0 AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS 2 (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE 0 UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN a) RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND r_ APPLICATIONS UTILIZING THE TERM "LOCK-OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE 0 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 0 EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND Q LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING 21 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. CU Meeting: July 19, 2017 Q r I. REQUEST 0 U r_ CU The Monroe County Planning & Environmental Resources is proposing an interim development 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 co 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 0) "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." U 1 of 3 File 42017-053 Packet Pg.4330 R.3.f II. BACKGROUND INFORMATION On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 00 0 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive co Plan. 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 0 (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment U 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. a� 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, 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 E 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 0 effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, 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, 0 satisfying a stipulated settlement agreement and allowing the Monroe County Land Development a) Code to become effective. The County's updated land development code became effective on CU February 3, 2017. 0 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land T Development Code included definitions which were amended with the adoption of the new code in 0 April 2016. Neither document includes a definition of"lock-out." 0 m a� The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 Q in Key West, Florida, 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. CU a� 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 impose a temporary moratorium deferring the approval of new applications or received application Q that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land U development code amendments, development agreements (including 380 development CU 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 co unrelated people and any children related to either of them" of a dwelling unit, and applications 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.4331 R.3.f III. STAFF RECOMMENDATION Staff recommends approval of the proposed interim development ordinance. 00 0 co The interim development ordinance provides a period of time between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new T 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, 0 including the provision of public participation in the planning process. U IV. EXHIBITS 1. BOCC Agenda item CU CL CL 0 a) U r- crj T a� 04 21 Crj a� 04 e 04 V- a) U r- Crj co U 3 of 3 File 42017-053 Packet Pg.4332 Q) 0 U z 3 MONROE COUNTY,FLORIDA 4 ORDINANCE NO. 018 -2018 CL 5 0 6 7 AN ORDINANCE ,BY THE MONROE COUNTY BOARD OF COUNTY 0 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 W 12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND -- 13 DEVELOPMENT CODE AMENDMENTS, .DEVELOPMENT AGREEMENTS 14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND 0 15 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS 16 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH 17 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO 18 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF Cn 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 LAND 00 22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING 04 23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" Ln 24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS 25 OF THE'EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; 28 PROVIDING TOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO00 29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 0' 00 30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018-.090) 31 32 33 34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 0 35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an le 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 0 File 2018-090 Page 1 of 4 Packet Pg.4333 I agreements), and minor and major conditional use permits (excluding applications proposing only 0 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 2 4 utilizing the term"lock-out;" and 5 6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on 7 February 5, 2017 in Key West,Florida, passed a motion to direct staff to impose a temporary moratorium CU 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated CL 9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due CL 10 to pending legislation; and 0 11 12 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 191h 0 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, 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 20 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and CU 21 development; and 22 0 T 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 2600 27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on 04 Ln 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 adopted CU 32 comprehensive plan and land development code and the adoption of any new amendment(s) [new 00 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; 36 and 37 38 WHEREAS, an extension to the temporary moratorium deferring the approval of new le 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 U File 2018-090 Page 2 of 4 Packet Pg.4334 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 2 4 Comprehensive Plan; and 5 6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC) 7 reviewed the proposed interim development ordinance; and CU 8 9 WHEREAS,at a regularly scheduled meeting held on July 25,2018,the Monroe County Planning CL 10 Commission held a public hearing for the purpose of considering the proposed interim development 0 11 ordinance and provided for public comment; and 12 0 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. 18 0 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS U 20 OF MONROE COUNTY: 21 22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. 0 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 26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code 27 amendments, development agreements (including 380 development agreements), and minor and major Ln 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 31 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development CU 00 32 code regarding the definitions of dwelling unit;household; family and the undefined term "lock-out" of a 33 dwelling unit; providing for expiration within 365 days of the effective date of an interim development N 00 34 ordinance or when the comprehensive plan and land development code amendments become effective, 35 whichever comes first. 36 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless 1.0 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 U File 2018-090 Page 3 of 4 Packet Pg.4335 1 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent � 3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 4 invalid or unconstitutional. 5 6 SECTION 5: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land 7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 8 CL CL — 9 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon 10 filing with the Florida Department of State. 11 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 I 16 Mayor David Rice, District 4 Yes 17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes 18 Danny L. Kolhage, District 1 Yes 3 19 George Neugent, District 2 Yes . ' 20 Heather Carruthers, District 3 Yes C:)rr, 21 rrt 22 cn 0 Cn 23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONS " .: 24 OF MONROE COUNTY, FLORIDA 25 -� Oft . cr 26 Char By. 00 Mayor Dav ice 2 ) Ln o�ao Jz�a MONROI OOUNTY ATTQ1 PAY APIP ® d: , ASSla,i'Aull'CO N I'7'A ORNEY Onto_— 73d/( 00 - a) U U File 2018-090 Page 4 of 4 Packet Pg.4336 County of Monroe BOARD OF COUNTY COMMISSIONERS �r Mayor David Rice,District 4 Mayor Pro Tem Sylvia J.Murphy,District 5 The Florida Keys i # Danny L.Kolhage,District I George Neugent,District 2 k Heather Carruthers,District 3 0e U County Commission Meeting Q) August 15, 2018 Agenda Item Number: R.4 Agenda Item Summary #4251 0 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources 0 TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 3:00 P.M. PUBLIC HEARING a� 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 approval of new applications or received applications that have not been fully approved them regarding "lock-out" units commencing October 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling 0 unit; household; familyand the undefined term "lock-out" of a dwelling unit providing for U g P g r_ expiration within 365 days of the effective date of an interim development ordinance or when theCU 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 Cn Secretary of State; providing for an effective date. c� ITEM BACKGROUND: The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular 00 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to N 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 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 00 utilizing the term "lock-out." 00 V_ At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development a) Ordinance 012-2017 implementing the moratorium described above. This ordinance is due to expire r_ on October 27, 2018, if the relevant Comprehensive Plan and Land Development Code amendments are not adopted and effective before that date. 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 a� U Packet Pg.4337 of hurricane impact related building permits and development orders, an extension to the interim development order is appropriate. oe U At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the proposed interim development Ordinance and recommended approval through Resolution P20-18. E PREVIOUS RELEVANT BOCC ACTION: The BOCC on February 15, 2017, directed staff to impose a temporary moratorium upon certain Q. development applications proposing occupancy by "three unrelated people" or "two unrelated people CL and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 0 pending legislation. 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 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." a� U The BOCC adopted interim development Ordinance 012-2017 on July 19, 2017. CONTRACT/AGREEMENT CHANGES: Cn n/a STAFF RECOMMENDATION: Approval 00 V_ DOCUMENTATION: Ln 2018-090_Staff Report Ex.1.Ord-012-2017 Ex.2_Reso_P.20-18 Stamped_OrdinanceCU 00 V_ FINANCIAL IMPACT: 0,4 00 V_ Effective Date: as U Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: W Budgeted: Source of Funds: U Packet Pg.4338 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: U Revenue Producing: If yes, amount: Grant: County Match: E Insurance Required: CL Additional Details: CL 0 0 REVIEWED BY: Emily Schemper Completed 07/27/2018 10:38 AM Steve Williams Completed 07/27/2018 3:16 PM a' Jaclyn Carnago Completed 07/30/2018 11:28 AM Assistant County Administrator Christine Hurley Completed 0 07/30/2018 3:55 PM Budget and Finance Completed 07/30/2018 5:04 PM Maria Slavik Completed 07/31/2018 7:28 AM 0 Kathy Peters Completed 07/31/2018 8:24 AM U Board of County Commissioners Pending 08/15/2018 9:00 AM CU 0 T 00 - N Ln Cn CU 00 - 00 V- a) U CU U Packet Pg.4339 r� Ilk tGt t' �rtt�f rl r f is R: N n 4 0 U MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners CU CL Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental CL Resources 0 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager g Date: July 24, 2018 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 0 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY a) APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE r_ AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE 0 PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE T 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 APPLICATIONS M 00 UTILIZING THE TERM "LOCK-OUT," COMMENCING OCTOBER 27, 2018, UNTIL V_ THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN Ln 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 CU AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING V_ FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND 00 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN Q EFFECTIVE DATE. (File 2018-090) U r_ 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 U File No. 2018-090 Page 1 of 3 Packet Pg.4340 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 U applications utilizing the term "lock-out." E On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. Staff is seeking an extension to the IDO. E CU IL BACKGROUND INFORMATION CL CL On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 0 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive r_ Plan. •� 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 0� 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) Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. r_ This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, S 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative 0 Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final T 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 August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the m DEO Final Order. On November 22, 2016,the BOCC adopted an ordinance amending Section 130- V_ 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated N 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 Development Code included definitions which were amended with the adoption of the new code in CU April 2016. Neither document includes a definition of"lock-out." V_ r 00 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 V_ in Key West, Florida, directed staff to impose a temporary moratorium upon certain development a) applications proposing occupancy by "three unrelated people" or "two unrelated people and any CU children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending 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 E U File No. 2018-090 Page 2 of 3 Packet Pg.4341 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 U utilizing the term "lock-out." E At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development Ordinance 012-2017 implementing the moratorium described above. This ordinance is due to expire E on October 27,2018, if the relevant Comprehensive Plan and Land Development Code amendments are not adopted and effective before that date. Staff is working on BOCC directed amendments related to the development of dwelling units 0 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 2 development order is appropriate. x Development Review Committee and Public Input At a regular meeting held on June 26,2018,the Development Review Committee(DRC)considered 0i the proposed interim development Ordinance and provided for public comment. a� Planning Commission 0 At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the a 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 The interim development ordinance provides a period of time between the current adopted Q comprehensive plan and land development code and the adoption of any new amendment(s) [new Ln 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, a, including the provision of public participation in the planning process. CU Staff is working on BOCC directed amendments related to the development of dwelling units 00 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization Q of hurricane impact related building permits and development orders, an extension to the interim 00 V_ development order is appropriate. a) U r_ CU IV. EXHIBITS 1. Ordinance 012-2017 ae 2. Planning Commission Resolution P20-18 U File No. 2018-090 Page 3 of 3 Packet Pg.4342 R.3.h Q) 0 1 U 0 2 3 4 5 6 MO OE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMSSIONERS 8 ORDINANCE NO.027--2019 CL CL 9 0 10 0 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 NEW 04 16 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN _ 17 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND 18 DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS 19 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND O AND a) 20 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS 21 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH 22 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" O "TWO 0 Cn 23 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF 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" 21 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 r 33 PROVIDING FOR SEVE BILITY; PROVIDING FOR TRANSMITTAL TO 34 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 35 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-081) 36 37 38 Ln 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 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 CU Ord. 027 -2019 Page 1 of 4 File 2019-081 Packet Pg.4343 R.3.h 0 1 agreements), and minor and major conditional use permits (excluding applications proposing only U 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 CU 7 February 5,2017 in Key West,Florida,passed a motion to direct staff to impose a temporary moratorium CL 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated CL 9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due o 10 to pending legislations and 11 0 Cn 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 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 0 19 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 20 moratorium upon certain development applications proposing occupancy by "three unrelated people" or 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 U) 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 "' 28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and CU 31 development; and 32 <4 " 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 a) 35 undefined term of"lock-out;" and '36 37 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on Ln 38 use of"lock-outs" and this use was not discussed during the update process and further edits are needed 39 to specifically address "lock-outs;" and 40 41 WHEREAS, an ordinance addressing the interim time period between the current adopted e 42 comprehensive plan and land development code and the adoption of any new amendment(s) [new Ord. 027._-2019 Page 2 of File 2019-081 Packet Pg.4344 R.3.h 0 1 definitions and/or other code requirements) is necessary to ensure that any new definitions and code U 2 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of a) 3 unincorporated Monroe County, including the provision of public participation in the planning process; 4 and 5 6 WHEREAS, an extension to the temporary moratorium deferring the approval of new 7 applications or received application that have not been fully approved,commencing October 27,2019, CL CL 8 for comprehensive plan or land development code amendments, development agreements (including 9 380 development agreements), and minor and major conditional use permits (excluding applications o 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 04 16 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC) _ 17 reviewed the proposed interim development ordinance; and. 18 0 19 WHEREAS, at a regularly scheduled meeting held on June 26 2019, the Monroe 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 T 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 21 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO SSIONERS 30 OF MONROE COUNTY: 31 32 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. 04 33 04 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 notCU 36 been fully approved, commencing October 27, 2019, for comprehensive plan or land development code 10 37 amendments, development agreements (including 380 development agreements), and mirror and major Ln 38 conditional use permits (excluding applications proposing only affordable housing dwelling units); with 39 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to 40 either of them" of a dwelling Unit, and applications utilizing the term "lock-out;" commencing October 41 2-7, 2019, until the BOCC can review and possibly amend the comprehensive plan and land development c CU 42 code'regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a Ord. 027 -2019 Page 3 of 4 File 2019-081 Packet Pg.4345 R.3.h 0 i dwelling units providing for expiration within 365 days of the effective date of an interim development U 2 ordinance or when the comprehensive plan and land development code amendments become effective, 3 whichever comes first. 4 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless CU 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 CL CL 7 Ordinance extend beyond 365 days from the effective date of this ordinance. 0 8 9 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or 10 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 11 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 12 invalid or unconstitutional. 04 13 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 CU 18 filing with the Florida Department of State. _ 19 0 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, T 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 28 ��'- c_ r=- 29 BOARD OF CO Ty COMMISSION rn Q 30 1 OF MONROE UN ORID r%,% 3104 32 BY - ' M 04 33 ''�•eow.. �� MAY R S LVIA URPHY :<: c� U 34 (SE 0 4 35 36 A T: I VIN MA OK, CLERK 37 - AP 38 DEPUTY CLERK 't-"JuJ /Lr�eal&-"AirJ. 'At 6 8 ATTORNEy Det's U Ord. 021 -2019 Page 4 of 4 File 2019-081 Packet Pg.4346 R.3.h County of Monroe BOARD OF COUNTY COMMISSIONERS �r Mayor Sylvia Murphy,District 5 Mayor Pro Tern Danny Kolhage,District 1 The Florida Keys �{t # ,�( � t �"' Michelle Coldiron,District 2 Heather Carruthers,District 3 v`3d' David Rice,District 4 0 U 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 1:30 P.M. PUBLIC HEARING 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 0� an additional 365 days to defer the approval of new applications or received applications that have not been fully approved them regarding "lock-out" units commencing October 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a a dwelling unit; providing for expiration within 365 days of the effective date of an interim CU 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. T ITEM BACKGROUND: The Monroe County Planning & Environmental Resources is proposing an extension to the interim development ordinance (IDO) to defer the approval of new applications or received applications that have not been fully approved, that initially established on July 19, 2017 through Ordinance 012- 2017 and extended through Ordinance 009-2018 for an additional 365 days for comprehensive plan 21 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 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, U 2018, the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for CU an additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is 10 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. E U Packet Pg.4347 R.3.h PREVIOUS RELEVANT BOCC ACTION: 0 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development U 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. CU 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 C, that date. E c� CONTRACT/AGREEMENT CHANGES: n/a x STAFF RECOMMENDATION: Approval i DOCUMENTATION: 2019-081 BOCC SR 07.17.19 Ex.1.Ord-012-2017 0 Ordinance 018-2018 a 2019-081_Ordinance_DRAFT FINANCIAL IMPACT: 0 T Effective Date: Expiration Date: m Total Dollar Value of Contract: Q Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CU CPI: Indirect Costs: Q Estimated Ongoing Costs Not Included in above dollar amounts: Q a) Revenue Producing: If yes, amount: CU Grant: County Match: 0 Insurance Required: L, Additional Details: U Packet Pg.4348 R.3.h REVIEWED BY: Cheryl Cioffari Completed 06/23/2019 3:57 PM 0 Steve Williams Completed 06/24/2019 1:43 PM U Maureen Proffitt Completed 06/24/2019 1:54 PM Assistant County Administrator Christine Hurley Completed 06/25/2019 10:20 AM Budget and Finance Completed 06/25/2019 10:30 AM Maria Slavik Completed 06/25/2019 11:20 AM CU Kathy Peters Completed 06/25/2019 11:37 AM Board of County Commissioners Pending 07/17/2019 9:00 AM CL E 0 0 i 0 a) U CU 0 T 21 CU r a) U CU LO U Packet Pg.4349 1 iF '�� 1°� 's 2r,�s�,r� 3 4 ,f!µy°. 5 0 he 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 9 10 11 12 To: Monroe County Board of County Commissioners r_ 13 CL CL 14 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources 0 15 16 Date: June 21, 2019 17 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- 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 0� 22 for Comprehensive Plan or Land Development Code amendments, Development 2 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 a 26 children related to either of them" of a dwelling unit, and applications utilizing the term r_ 27 "lock-out," commencing October 27,2019,until the BOCC can review and possibly amend S 28 the Comprehensive Plan and the Land Development Code regarding the definitions of a 0 29 dwelling unit; household, family and the undefined term "lock-out" of a dwelling unit; T 30 providing for expiration within 365 days of the effective date of this Interim Development 31 Ordinance or when the Comprehensive Plan and Land Development Code amendments 0 32 become effective, whichever comes first(File 2019-081) 33 34 Meeting: July 17, 2019 35 21 36 I. REQUEST 37 38 The Monroe County Planning & Environmental Resources is proposing an extension to the interim 39 development ordinance(IDO)to defer the approval of new applications or received applications that 0,4 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 aa) 42 plan or land development code amendments, development agreements (including 380 development r_ 43 agreements), and minor and major conditional use permits (excluding applications proposing 44 onlyaffordable housing dwelling units); with proposed occupancy b three unrelated people" or 0 g g )� p p p y y �� p p �� 0 45 "two unrelated people and any children related to either of them" of a dwelling unit, and applications Ln 46 utilizing the term "lock-out." 47 48 On July 19,2017,the BOCC adopted interim development Ordinance 012-2017. On August 18,2018, E U SR BOCC 07.17.19 Page 1 of 4 File 9 2019-081 Packet Pg.4350 R.3.h I the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for an 2 additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is seeking T 3 an extension to the IDO. 4 0 5 IL BACKGROUND INFORMATION U 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. E CU 10 11 Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 12 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity C 13 (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment 0 14 transmittal was complete and issued a notice of intent to find the amendment "in compliance" on 15 June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the 0 16 posting of the Notice of Intent on the DEO Website on June 20, 2016. 17 X 18 Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. a' 19 This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 20 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative 0 21 Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final 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 0 24 August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the a) 25 DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- CU 26 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement 27 agreement and allowing the Monroe County Land Development Code to become effective. The 0 28 County's updated land development code became effective on February 3, 2017. 29 c> 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 32 April 2016. Neither document includes a definition of"lock-out." Q 33 �. 34 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 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 38 pending legislation. Q 39 40 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular Q 41 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to U 42 impose a temporary moratorium deferring the approval of new applications or received application CU 43 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land 10 44 development code amendments, development agreements (including 380 development Ln 45 agreements), and minor and major conditional use permits (excluding applications proposing only 46 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 47 unrelated people and any children related to either of them" of a dwelling unit, and applications 48 utilizing the term "lock-out." U SR BOCC 07.17.19 Page 2 of 4 File 9 2019-081 Packet Pg.4351 R.3.h I Staff is working on BOCC directed amendments related to the development of dwelling units 2 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization T 3 of hurricane impact related building permits and development orders, an extension to the interim 4 development order is appropriate. 0 5 U 6 Community Meeting and Public Participation 7 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019 8 in Marathon to provide for public input. There were no members of the public in attendance. 9 a) E 10 Development Review Committee and Public Input Crj 11 The Development Review Committee considered the proposed amendment at a regular meeting on 2 12 May 28, 2019 and received public input. C, 13 E 0 14 Planning Commission and Public Input 0 15 The Planning Commission considered the proposed amendment at a regular meeting on June 26,2019 r_ 16 and received public input. 17 x 18 Previous BOCC Action 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. 0� 21 22 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 23 moratorium described above. 0 24 25 Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant 26 Comprehensive Plan and Land Development Code amendments are not adopted and effective before 27 that date. 0 28 T 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 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 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 Q 39 Staff is working on BOCC directed amendments related to the development of dwelling units 40 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization Q 41 of hurricane impact related building permits and development orders, an extension to the interim U 42 development order is appropriate. CU 43 44 0 45 IV. EXHIBITS "' 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.4352 R.3.h 1 3. Draft Ordinance a� 0 u CL CL 0 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.4353 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code Municode 55 results Sec.. 1 4- 5„ - Accommodation for Mass 'Transit„ I. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL 00 co Nonresidential and multi-family uses generating over two thousand(2,000)trips per day shall be developed to encourage mass transit,by including features such as: transit Q a� See„ 1 0-47„ - prose of the Suburban esidential District (SR).. 0 1. Land Development Code U 2. Chapter 130-LAND USE DISTRICTS 3. ARTICLE II.-DISTRICT PURPOSES areas of low-to medium-density residential uses characterized principally by single-family detached dwellings.This district is predominated by development; however,natural E See„ 1 14-1.4„ - Recycling and Solid Waste Collection areas„ CL CL 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS t0 3. ARTICLE I.-IN GENERAL J Any nonresidential,mixed use or multi-family residential development shall make adequate provision for a recycling collection area in accordance with the following standards: See„ 106- 0. - Big Pine Key area. of Critical County Concern.. 1. Land Development Code 2. Chapter 106-AREAS OF CRITICAL COUNTY CONCERN 0 carried out in the Big Pine Key area of critical county concern except for single-family detached dwellings on lots in the improved subdivision district or on lots having '- U See„ 114ffi109. - Nonconforming Landscaping. Crj 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS W 3. ARTICLE IV.-LANDSCAPING All lawfully existing multi-family(3 or more units) and nonresidential development that is nonconforming to the landscaping standards of this article shall be brought into Crj See„ 1 0- 4„ - prose of the Destination resort District (DR).. 1. Land Development Code 2. Chapter 130-LAND USE DISTRICTS 3. ARTICLE II.-DISTRICT PURPOSES (1) Single-family homes as of right; or Page 1 of 11 Packet Pg.4354 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code Sec„ 1 -2„ - Affordable Housing Incentive Programs.. 1. Land Development Code 2. Chapter 139-AFFORDABLE AND EMPLOYEE HOUSING transferred on a 1 for 1 basis where the ROGO exemptions are to be transferred to single-family residential lots or parcels within the same ROGO planning subarea. However,where co Sec„ 12 -11 - Affordable and Employee Housing Fair Share Impact Fee Trust Fund.. 1. Land Development Code 2. Chapter 126-IMPACT FEES 0 U Parks and Recreation Districts, except for accessory uses,home occupations and single-family,mobile home, and duplex dwellings. a� Sec„ 1 1-2„ - Maximum height„ 1. Land Development Code Crj 2. Chapter 131-BULK REGULATIONS Crj C. CL For NEW single family (detached dwelling unit) and multi-family (attached dwelling unit)buildings which are voluntarily elevated c.> Sec„ 102-1 7„ - Variances rant by the Planning Commission.. 1. Land Development Code 2. Chapter 102-ADMINISTRATION E 3. ARTICLE VI.-APPEALS AND VARIANCES a� 4. DIVISION 1.-GENERALLY not based on disabilities,handicaps or health of the applicant or members of his family; (7) 0 Sec„ 19-4l..,, - Access driveways.. 1. Code of Ordinances 2- 2. Chapter 19-ROADS AND BRIDGES 3. ARTICLE II.-PUBLIC RIGHT-OF-WAY USE PERMIT a9 A request to install a single-family residential driveway access shall be submitted indicating the street address,lot Sec„ 114ffi „ - Installation Of Utilities and Driveways.. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL All driveways for nonresidential or multi-family development shall be composed of compacted fill or concrete not less than four inches Sec„ 1 4-4 „ - Energy Conservation Standards. 1. Land Development Code Page 2 of 11 Packet Pg.4355 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE II.-ENERGY AND WATER CONSERVATION STANDARDS of bicycle racks or other bicycle storage facilities in nonresidential and multi-family developments; Objective 1 0 . .0 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 00 3. 3.1-FUTURE LAND USE Q 4. GOAL 101 �r concurrent with the impacts of such development. Existing development, except single family residential built prior to November 16, 1992 shall,to the greatest extent possible 0 Sec„ 1 14-2„ - Adequate Facilities an d ReviewProcedures.. U 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS E 3. ARTICLE I.-IN GENERAL The development of one single family residence on a single parcel shall be considered de minimis and shall not be considered CL Sec„ 2- 7 „ - Duties Of the county attorney.. CL 0 1. Code of Ordinances 2. Chapter 2-ADMINISTRATION 3. ARTICLE III.-OFFICERS AND EMPLOYEES J 4. DIVISION 5.-COUNTY ATTORNEY case-by-case basis for the purpose of allowing the attorney to handle legal matters for family members, and only if the matter would not create a conflict of interest.If a particular a� Sec„ -200.. - Exemptions.. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE III.-CONSTRUCTION INDUSTRY '- 4. DIVISION 1.-GENERALLY U supervision themselves,when building or improving farm outbuildings or one-family or two-family residences on such property for the occupancy or use of such owners W Sec„ 122ffi „ - Variances to the I loodpl in Management Requirements.. 1. Land Development Code U 2. Chapter 122-FLOODPLAIN MANAGEMENT The physical disabilities or handicaps and health of the applicant or members of his family; b. Objective 012 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.3-TRAFFIC CIRCULATION 4. GOAL 301 Page 3 of 11 Packet Pg.4356 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code the proportionate share of the impact is mitigated.The development of one single family residential unit,on a single parcel, shall be considered de minimis and shall Sec„ 14-77„ - Unlawful practices. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY 00 co national origin ancestry,sexual orientation,gender identity or expression, familial status or age; Q Sec„ 1 14-1 - Surface Water Management Criteria... 1. Land Development Code 0e 2. Chapter 114-DEVELOPMENT STANDARDS U 3. ARTICLE I.-IN GENERAL (OFW) are subject to additional requirements for mitigation of pollutant loads. Single-family and duplex residences are required to observe best management practices (BMP's) as E Sec„ 14-42„ - Same—Credit.. CL 1. Code of Ordinances CL 2. Chapter 14-HUMAN RELATIONS E 3. ARTICLE II.-DISCRIMINATION disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age. (Code 1979, § 13- 103(f); Sec„ 14-74„ - Declaration Of policy.. E 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY expression,religion, disability,national origin, ancestry,sexual orientation, familial status,or age, and to that end,to eliminate discrimination in housing. 2- Sec.. -100„ - leer° its required.. Uj 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE II.-BUILDING CODE E 4. DIVISION 3.-PERMITS,INSPECTIONS AND CERTIFICATES OF OCCUPANCY U 5. Subdivision II.-Permits Exterior and interior painting of single- and two-family residential buildings. Sec„ 14-4 „ - Same—Public accommodations. adorn. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION Page 4 of 11 Packet Pg.4357 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age.The prohibition contained in this section,shall not apply to any Objective 1013 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1-FUTURE LAND USE 4. GOAL 101 00 co buildable immediately prior to the effective date of the Plan,no less than a single-family residence. A Q Objective 101.9 1. Comprehensive Plan 0e 2. 3.0-GOALS,OBJECTIVES AND POLICIES U 3. 3.1-FUTURE LAND USE — 4. GOAL 101 County Code. Substantial improvement or reconstruction of nonconforming single-family homes shall comply with the setback provisions of the Monroe County Land Development E Objective 101.1. CL CL 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1-FUTURE LAND USE 4. GOAL 101 J costs for the necessary transportation facilities.The development of a single family residential unit shall be considered de minimis and shall not be subject to this E a� Sec„ 122-7„ - Floodpla.in Certificate Of Compliance Program.. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT data from the Monroe County Property Appraiser Office which will identify all single-family residences which contain enclosures that are identified as living area on the ground Sec„ 12- 77„ - Eligible ro rti es/progra.m requirements.. UJ 1. Code of Ordinances 2. Chapter 12-ENVIRONMENT AND NATURAL RESOURCE PROTECTION 3. ARTICLE VII.-PROPERTY ASSESSED CLEAN ENERGY(PACE)PROGRAM E U description)started during the reporting period,separated by building type(e.g.,single family,multifamily,retail,office, industrial,etc.); Sec„ 14-41..,, - Prohibited conduct—Employment.. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION Page 5 of 11 Packet Pg.4358 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, fainilial status or age.No employment agency shall directly or indirectly discriminate against Sec„ -2 „ - Definitions.. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE II.-BUILDING CODE 4. DIVISION 1.-GENERALLY 00 co any building,structure,improvement or accessory thereto,other than a one-or two-family dwelling. Cumulative construction cost Q a� Sec„ 102ffi1 „ - Variances and Waivers Granted by the Planning Director.. 0 1. Land Development Code U 2. Chapter 102-ADMINISTRATION 3. ARTICLE VI.-APPEALS AND VARIANCES 4. DIVISION 1.-GENERALLY not based on disabilities,handicaps or health of the applicant or members of his family; (7) CU Sec„ 102- 7„ - Nonconforming Structures.. CL CL 1. Land Development Code 2. Chapter 102-ADMINISTRATION 3. ARTICLE III.-NONCONFORMITIES J Substantial improvement or reconstruction of nonconforming single-family residences shall comply with all applicable setback provisions of this Land Development U- E Sec„ 114-11 - Fences.. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL For any parcel of land developed with a single-family residential residence and on a local road, a fence located within a clear sight i CU Sec„ 21-4 „ - Definitions.. Uj 1. Code of Ordinances 2. Chapter 21-SOLID WASTE 3. ARTICLE III.-COLLECTION,DISPOSAL AND ASSESSMENT OF COSTS E 4. DIVISION 1.-GENERALLY U one or more units in which each unit is designed for residential occupancy by one family only and that is owned pursuant to the provisions of F.S. ch.718. Sec„ 14-7 „ - Definitions.. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY Page 6 of 11 Packet Pg.4359 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age. Executive Sec„ 10 ffi „ - North Key Largo Area. Of Critical County Concern.. 1. Land Development Code 2. Chapter 106-AREAS OF CRITICAL COUNTY CONCERN acquisition effort to be undertaken, except for possible minor exceptions for single-family dwellings units in existing improved subdivisions. °® co Sec„ 114-200. - Tr°affic Study.. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE VII.-ACCESS STANDARDS 0e U Traffic studies shall not be required for applications for a single family residence. a� Objective 212.4 I. Comprehensive Plan as 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.2-CONSERVATION AND COASTAL MANAGEMENT CL 4. GOAL 212 C, E 0 Except as provided herein,siting of single family docks,boat ramps, and boat slips on manmade water bodies shall require minus four Sec„ 14-40.. - Definitions.. 1. Code of Ordinances E 2. Chapter 14-HUMAN RELATIONS a- 3. ARTICLE II.-DISCRIMINATION 0 thereof. Familial status means the status of living alone or in any familial relationship whatsoever,including,but not aunt U I. Land Development Code � 2. Chapter 101-GENERAL PROVISIONS a) a9 includes single family residences but does not include mobile homes or recreational vehicles. Dwelling,single-family UJ r { J, - - (, .�j ,li,,,,}\\ i�iS},. � IC�ii �uiy�hud��t172d29n E oi- �� U {I, ` MI�' lr''e1 , dQP81d' Habitable f oor area means any floor area for occupancy and equipped for uses including, but not limited to, kitchen, dining, diving, family or recreation room, laundry, bedroom, bathroom ,office, workshop, professional studio or commercial occupancy. Habitable space means any structure equipped for human habitation such as, but not limited to, office,workshop,kitchen, dining, diving, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial Page 7 of 11 Packet Pg.4360 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code occupancy including all interior hallways ,corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable structures. 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 dodgers,foster children, wards, or employees who share the housing unit. A person diving alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Sec„ 14-7 „ - Exemption for housing for older persons.. 00 a) 1. Code of Ordinances Q 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY 0 Any provision of this article regarding familial status does not apply with respect to housing for older persons. 0 Sec„ 1 -22„ - Type Of Development Not Affected.. 1. Land Development Code 2. Chapter 138-RATE OF GROWTH RESTRICTIONS(ROGO/NROGO) Crj 3. ARTICLE II.-RESIDENTIAL RATE OF GROWTH LIMITATIONS(ROGO) C. affordable housing unit,pursuant to Sections 101-1 and 139-1,is developed on a Tier III property (single-family residential lots or parcels)and the dwelling unit on the sender site is demolished 0 c.> J E U U Page 8 of 11 Packet Pg.4361 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code ) 1\i Ilia rF )(yll41�A 11 'rt¢�1�ltils t�( i (i rr� i 'r` a 4,n$�7��,�\gl,q� Jay f4Ztltij d1�k} i9f\i y� y� �t.'. � 1' ��. ) i Sr,�, ".'+, 1�1 ' Ili „ZX[� J When establishing a rental and sales amount,the county shall assume family size as indicated in the table below.This section shall not be used to establish 00 i. When estalAshing a rental and sales amount,the county shall assume family size as indicated in the table below.This section shall not be J used to estalAsh the maximum number of individuals who actually live in the unit.This table shall be used in conjunction with the � Q elimbility requirements created 13y Section `10 i-1; Size of Unit Assumed Family sine Minimum occupancy i U Efficiency(no separate bedroom) 1 1 one bedroom 2 1 Two Bedroom 3 2 Three bedroom 4 3 CU Four or more bedroom 5 1,per bedroom CIL CL r' Nonresidential Inclusionary Proposed Amendment: 1. When esta lishig a rental and sales amount. the county shall base the �1111 s s is Unon th area medilEffli 11ac�rtif, =Ilul�llrized fbr the Count-v on am Annual basis tht ll. . the ot11. t31t ' a ils ''Inrt:. rc r k t,. f r '< <m l"m ^:.. .This Z b section shall not be used to establish the rn&xm- um umber of indi-Viduals xho actually 0 lIVI` -in the t- This table shall be used ira the de'v-.4opment of the nmo,cunurn rental rates wid Ou'�.111'41n' incomes table, Ct IIIPI it d bN,` the Ph'.I De at-trne t acc rill g to C1-�11 -1 10118 n SectIo i Crj Size of Unit Assumed Household Mi F min- Size Efficiency (no separate bedroom) 1 4- One bedroom 2 4 Two bedroomCrj Three bedroom 4 Four or more bedroom 5 � Page 9 of 11 Packet Pg.4362 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code Objective 1 40 1.4 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.14-CAPITAL IMPROVEMENTS 4. GOAL 1401 developments with a trip generation rate of 10 trips or less (such as a single family home)shall be limited to the segment of U.S. 1 most directly impacted by the developmentco Q r Objective 101. 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1-FUTURE LAND USE e 4. GOAL 101 U High(RH)future land use category is to provide for high-density single-family,multi-family, and institutional residential development,including mobile homes and manufactured CL CL l 4tpill� sSvjfPletila the date the use became nonconforming.F Family means a person living alone,or people living together as a single household 0 and sharing S11 I �,Q.1 '\�-.'t 1,,,,.�,•. 4 J �( 1,'.: 1 �":. t? it^ i .�I 3 h4 t t-- 1 i;:,. LL � � s 11 �t to �A� � �4 slzV���pl�U 17ti�)�� trf�t 7t l41it tilt � ( wta undated peapZ ` nd' ia�dr� t„ � ' -ettl4th .:, 0 Habitable Space means any structure equipped for human habitation such as, but not limited to office,workshop,kitchen, cn dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial a) occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable structures. a� 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 who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. a) Traehbrlt Zn ,az� means all wages, assets, regular cash or noncash contributions or gifts from persons outside the U U household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adiusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code. Also known as Adiusted Gross Income. Sec„ - „ - Definitions.. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE III.-CONSTRUCTION INDUSTRY Page 10 of 11 Packet Pg.4363 Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code 4. DIVISION 1.-GENERALLY the term residential refers to systems installed in connection with one-family,two-family,or three-family residences not exceeding two stories in height.The following minor Sec„ 1424. - Signs Requiring a. Permit and Specific Standards. 1. Land Development Code 2. Chapter 142-SIGNS Q r Multiple-family structures,nonresidential buildings and vacant land shall be allowed one non-illuminated Q Sec„ 1 14- 7„ - Required Off-Street Parking. 0 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 0 3. ARTICLE III.-PARKING AND LOADING Single-family dwelling units,including mobile homes on individual lots or parcels Objective 107„1. cri 1. Comprehensive Plan CL 2. 3.0-GOALS,OBJECTIVES AND POLICIES C 3. 3.1-FUTURE LAND USE E 4. GOAL 107 0 with SS zoning. Single family residences shall be limited to the existing(including any replacement thereof) and no more than four(4)additional single family residences. U_ Sec„ 122-1 - leer° it Requirements.. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT certifications as state certified residential appraisers for appraising one to four family residential properties and state certified general appraisers for all other properties Sec„ 118-1. „ - Shoreline Setback. cri 1. Land Development Code 2. Chapter 118-ENVIRONMENTAL PROTECTION U j 3. ARTICLE I.-IN GENERAL ; principal use served by the accessory dock or docking facility shall be a single-family residence or two-family residence (duplex). Sec„ 1224. - Standards for Issuance Of Building Permits in Areas Of Special Floc Hazard. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT elevation shall be constructed or equipped for such uses as a kitchen, dining room, family room,recreation room,office, bedroom,bathroom or workshop.This prohibition does Page 11 of 11 Packet Pg.4364 • ,' R.3.j BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 00 co Meeting Date: Felbruao; 11, 199a Division: Growth Managerngnt Bulk Item: Yes No x Department: Planning 0 AGENDA ITEM WORDING: Consideration of a Memorandum of Understanding between the Department c �, Community Affairs and Monroe County establishing guidelines for the approval of single family residents; building permits to ensure that no separate independent living areas are created which are not in compliance wit the Land Development Regulations. ITEM BACKGROUND: The Department of Community of Affairs (DCA) and Monroe County Growl Crj Management Division have had different interpretations of what constitutes a dwelling unit, which has resulte in numerous single family residential building permits being appealed and modified by DCA. This Iack c CL consensus has created uncertainty in the development approval process for both the Growth Managemei Division staff and permit applicants. To respond to this problem, the staffs of DCA and Growth Managemei o Division have reached agreement on guidelines for approval of single family residential building plans, whic are incorporated in the proposed MOU between DCA and Monroe County. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval > 0 _ Cn TOTAL COST: n/a BUDGETED: Yes No_T COST TO COUNTY: n a REVENUE PRODUCING? Yes No x AMOUNT PER MONTH PER YEAR APPROVED BY: County Attorney x OMB/Purchasing sk Management n/a DEPARTMENT DIRECTOR APPROVAL: � \Tkaeffy J. McGarry Du c r of Plann' g DIVISION DIRECTOR APPROVAL: o 00 Robert L.Herman,Director of Growth Management DOCUMENTATION: Included x To follow Not required DISPOSITION: Agenda Item#: Uj documenttagenda/access.doc � Packet Pg.4365 f . i• . R.3.j E OR NQL) 00 co TO: The Board of County Commissioners FROM: Timothy J. McGarry, Director of Plann 0 U 2 DATE: January 27, 1998 SUBJECT: Proposed Memorandum of Understanding between DCA and Monroe County Related to cri the Permitting of Accessory Dwellings CL CL Overview 0 The Monroe County Growth Management Division and DCA staffs have worked together to prepare a draft Memorandum of Understanding ( OU), which 0 establishes specific guidelines and procedures to be followed in the permitting of single family residential dwellings and accessory structures to ensure that no CU separate independent living areas are created which are not in compliance with > the Land Development Regulations. These guidelines are summarized in 0 Attachment A to the subject agreement. U U The Board of County Commissioners will be asked to approve the attached draft CU MOU at the Board's February 11 meeting. Background Analysis Differences of professional opinion have surfaced between the DCA and Growth Management staffs in permitting single family residential dwellings, additions to CU existing single family residences, and accessory structures. These differences D arise, because of differing professional opinion of what constitutes the creation of a separate independent living area. 00 The DCA staff has strictly interpreted current Land Development Regulations by relying on existing language in the Land Development Regulations defining "dwelling unit" and "accessory uses and structures." Section 9.54(A-2) states that an accessory use can not include guest units or any other potentially habitable structure (emphasis added). Section 9.5-4(D-31) defines dwelling unit as "one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities." For example, in the past DCA has appealed permits for unattached accessory structures that contain a bedroom and a full bathroom facility, because they believe this constitutes a potentially habitable structure. Packet Pg.4366 DCA's strict interpretation has caused several permits to be appealed to CO eliminate full bathrooms and ,wet bars from building plans for additions or Q accessory structures. Unfortunately these decisions have made it difficult for individuals to build new:homes or additions to their existing homes in manner that meets their needs, even though they have no intention of creating a separate independent living areas or guest units. Oe U Furthermore, the lack of any specific guidelines, acceptable to both the County and DCA, creates problems for the Growth Management staff in its review of residential building plans, since it is uncertain what will be appealed by DCA. This lack of certainty makes it exceedingly difficult for applicants to know what they can or can not build. CL This problem is becoming more acute due to the increasing number of permit applications being submitted to the Growth Management Division for significantly large residential dwellings and building additions. The plans for these structures generally proposed design configurations (living areas) with wet bars, additional 0 bathroom facilities, and separate entrances. CU To address these problems, the DCA and Growth Management staffs have been > working together to reach agreement on guidelines to be followed in the review and approval of single family residential building permits. The results of this mutual effort are presented in the proposed Memorandum of Understanding CU (MOU). Attachment A of this document contains the specific guidelines to be followed. It is anticipated this MOU may be eventually supplemented and/or replaced by future amendments to the Land Development Regulations. Summary of Guidelines D The proposed guidelines focus on elements of a residence and accessory structures that may create or could create separate independent living areas, such as separate entrances, lockability of internal connections, and existence of key housekeeping facilities, such as kitchens, wet bars, and bathrooms. In summary, the proposed guidelines will allow: wet bars and bathroom facilities in additions or other living areas of a house which have no lockable internal connection; only bathroom facilities in additions or living areas of a house which have lockable internal connections; and, only bathroom facilities in accessory structures. No more than one kitchen facility will be allowed in any single family residence. U If any proposed design doesn't fall within the guidelines in Attachment A, it can only be approved by the Planning Director or Development Review Senior 2 1Packet Pg.4367 • i• R.3.j Administrator, after consultation with the Planning Manager of the DCA field 00 CO office. Q r Recommendation The Growth Management Division recommends adoption, of the proposed 0 he Memorandum of Understanding by the Board of County Commissioners. U CL CL 0 0 U U D 00 3 Packet Pg.4368 00 co MEMORANDUM OF UNDERSTANDING ( OU) BETWEEN DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY 0 U THIS MEMORANDUM of Understanding is being entered into by and between the Florida Department of Community Affairs (DEPARTMENT) and Monroe County CU (COUNTY) to provide better coordination between the DEPARTMENT and the COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the CL 0 Monroe County Year 2010 Comprehensive Plan and land development regulations. 0 I. Witnesseth, CU EREAS, the COUNTY has been declared an Area of Critical State Concern > 0 Cn pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a U U comprehensive land use plan and land development regulations, approved by the State l as required by law; and WHEREAS, the COUNTY is required to issue development orders only in conformity with its approved comprehensive land use plan and land development D regulations, and WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY development order to the Florida Land and Water Ad judicatory Commission if the DEPARTMENT determines that the development order was issued in error; and LU WHEREAS, due to a difference in interpretation between the DEPARTMENT and the COUNTY, the COUNTY has been issuing building permits deemed by the U DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County 1 Packet Pg.4369 00 co Year 2010 Comprehensive Plan and Monroe County Code regulating accessory T dwelling units, and 0 WHEREAS, the DEPARTMENT and COUNTY desire to enter into this U Memorandum and amicably resolve their differences of interpretation; and WHEREAS, the COUNTY recognizes that proper administration of its comprehensive land use plan and land development regulations reduces the need for CL CL intervention by the DEPARTMENT, and both parties agree to pursue the goal of 0 removal of the Area of Critical State Concern designation in accordance with Section 0 380.0552, Florida Statutes; and CU WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows: 0 Cn 1. The Monroe County Building Department shall only approve and issue i building permits for those project designs identified as "YES" on the matrix entitled "Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit" _ attached hereto as Attachment "A"; 2. Any project design which does not clearly fail within the descriptions set forth D in the matrix shall require approval by the Director of Planning (or the Development 00 Review Senior Administrator), after consultation with the DEPARTMENT's Planning Manager for the Field Office; 3. An "unlockable internal connector" shall be defined as an "open wall." A door or doorway shall not be included in the definition of"unlockable internal U connection." 2 Packet Pg.4370 co 4. A "wet bar" shall be defined as "a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of 0 one bin and limited to one (1) square foot in size) with electricity limited to 110 volt U service., Il. Modifications. Modifications to this Memorandum of Understanding shall only be valid when CL they have been reduced to writing and duly signed by each of the parties hereto, o III. Termination of Memorandum. 0 Either party may terminate this Memorandum of Understanding at any time, with CU Cn or without cause. Termination shall take effect one week or five (5) working days, o Cn whichever is earlier, after receipt of written notification as evidenced by a certified mail return receipt. IV Notification. Notification to the DEPARTMENT shall be directed to the Secretary, Department CU of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100. D Notification to the COUNTY shall be directed to the Mayor, Monroe County Board of County Commissioners, Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040 with a copy to the Director of Growth Management, Monroe County Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227. U 3 Packet Pg.4371 R.3.j 00 co V Effective Date. 0 This Memorandum of Understanding shall become effective upon execution.by U both parties, and shall end upon the termination of the Florida Keys Area of Critical State concern designation, unless terminated earlier according to Section IV above. CL CL IN WITNESS WHEREOF, the parties have executed this Memorandum of 0 Understanding. 0 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA > 0 Cn By -- - AYORfCHAIRMAN (SEAL) DATE ATTEST: DANNY L. KOLAGE, Clerk By: Deputy Clerk STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS D By: DATE 00 AP WAFORM ACY I- 7 >� BY ttarney's Office U 2 4 Packet Pg.4372 ATTACHMENT A GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE AN ADDITIONAL DWELLING UNIT' Bld. Separate lockable unlockable full wet bar Full Y2 Bath Allowed? type entrance internal internal kitchens Bath" co connection4 connections Q r acc. bld. X NA NA X X NO " X NA NA X X NO X NA NA X X NO " X NA NA X X NO 0 " X NA NA X YES U add. X X ---- X X NO " X X -.-- X X NO " X X ---- X X NO X X ---- X YES " X X ---- X YES " X ---- X X X NO " X ---- X X X NO " X ---- X X X YES " X ---- X X YES 0 " ---- X X X YES " ---- X X X NO w 1. General Note: Not all possible project design options are shown. As a rule of thumb, if an option 0 allows a full kitchen then a wet bar is also permitted in place of or in addition to a full kitchen; or, if an option allows a full bath, then a'/ bath is also permitted in place of or in addition to a full bath. CU Cn 2, acc = Attached or unattached accessory addition to principal structure with no internal connection to > the structure. 0 Cn add = Addition to principal structure with an internal connection to principal structure. U 3. A separate entrance is any entrance including sliding glass doors. A special exception may be made if the entrance is onto an enclosed courtyard or pool area. Care should be applied to assure a guest house or dormitory is not created. 4. A lockable internal connection exists when either party can lock out the other party. 5. An unlockable internal connection exists when one party can not exclude the other party. An open wall is an unlockable internal connection. A door or doorway is not an unlockable internal connection. CU 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing "stub outs"shall be va considered a kitchen. 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1)square foot in size)with 00 electricity limited to 110 volt service. 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum, may contain a toilet and a sink. 9. NO = Design can not be approved. YES = Design can be approved. Approval of any project design that does not clearly fall within one of the listed options can Only be approved by the Planning Director or Development Review Senior Administrator, after consultation with the Planning Manager of the DCA Field Office. U 10. Requires covenant restricting dwelling unit to single family occupancy only. Packet Pg.4373 /15/195t7 08:14 FJ504883309 UNITY e, FAIRS 0 R.3.j c - 0 00 CC, co OF a+ Qi MEMORANDUM OF UNDERSTANDING ( ) c DEPARTMENTI AFFAIRS lie THISMEMORANDUMof nerst i i beingt into and n the Florida Department of Community Affairs and MonroeCounty (C to providebetter coordination between the DEPARTMENT andthe CU COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and theCL CL Monroe County Year 2010 Comprehensive Plan and land development regulations. 0 'I. Witnesseth. t has declaredn Critical t Concern CU WEREAS,pursuant to sections 380.05 and 380.0552, Floridatat s, and has adopted a Cn 0 comprehensive land use plan and land development regulation roved y the State U s required by law; and the is r wired to issue development orders only in WHEREAS,conformity i its approved comprehensive land use l land development regulations, and U) -WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY development.order to the Florida Land and Water Adjudicatory Commissionif the DEPARTMENT 00 determines-that the development order was issued in error, and WHEREAS, due t differencei it r do t COUNTY,and the the COUNTY has been issuing it i y the DEPARTMENT, as inconsistent with the intent isi ns of the MonroeCounty E 1 Packet Pg.4374 . . PAGE 0' 04/15/1998 00:14 0504003309 COMMU14ITY AFFAIRS co r 1 r naive Plan n r Countyregulating accessory dwelling units; and WHEREAS, 119 the DEPARTMENT and COUNTY desireto enter into this U Memorandumi l resolve their differences of interpretation; an WHEREAS' the COUNTY recognizes that proper administration of its ECU r- compre I hensiveland use plan andland development regulations reduces e need for CL CL intervention ofparties to pursueI of o removal the AreaCritical State Concern designationin accordanceitSection . a , Florida StatutaS, the mutually r follows: 0 W 9. MonroeCounty Building t II only approveissueU uil i ' permits for those project designsi tffi " on the matrixentitled "Guidelines for Approving Additionst Do Not Create an Additional Dwelling Unit" attache d hereto as Attachmt"A". _ Any roj sin i snot I earlyfall . Ithi the descriptions CU T set forth In the matr-rxshall require ry I by the Director of Planning ( r the Development vi Senior Administrator), after consultation the 00 DEPARTIVIENT's Planning Manager for the FieldOffice. 3e " ni it I ct II ll." r or ll not be included in t definition nunlockable internal connection.0 U U Packet Pg.4375 04/15/1550 0E:14 E5k3400:,::�09 3- COMMUNIT'l AFFAIRS FACE p00 co .4e t bar" shall be defined 'a food or drink preparation area limited to a total counter surface area of 16 square feet (including sink with design 0 li itti®ns of onein and limited to on (1) square foot in size)with electricity limited to U I 10 volt service." II. Modifications. Modifications to this Memorandum of Understandingshall only be valid CL they 9ve been reduced to writingand duly signed y each of the parties hereto. o 111. Termination of Memorandum. 0 Either party may terminate this Memorandum of Understanding at any time, withCU Cn or without cause. Termination shall take effect one week or five (5) working days, Cn wh i ever i earlier, r r i t of e notification evidenced a rtifi ail Q) i Crj return receipt. -IV Notification. Notification to the DEPARTMENT shall be directed to the Secretary, rtnt of Community affairs, 2555 ShumardBlvd., Tallahassee, FL 33 21 . CU Cn Notification to the COUNTY shall be directed to the Mayor, Monroe County c.> 00 Boardof County Commissioners, Monroe County Courthouse, 500 WhiteheadStreet, Key t, Fl. 33040 withto the Director of GrowthMonroe County r t Division 2798v i , Suite 400, Marathon, FL 33050�2227. U.] Q) U Packet Pg.4376 04/15/1990 00:14 8504083309 C OMMUHITl AFFAIFS PAGE 0 00 Effective Date. 119 This Memorandumof Understandingshall become effectiveupon execution by U both parties, and shall end upon the termination of the Floridar riti I State concem designation, unless terminated rlir according to Section IV above- CU CL CL IN WITNESS , the parties havet is Memorandum of 0 Understanding. BOARD COUNTY% COMMONERS 1 I 0?�OF M E CO fb`Bv • ,.- rf Y I C L) Clerk peputyI STATE OF FLORIDA, DEPARTMENT OF M I FFAIRS T By- DATE 00 A FORM By ttomws office Q) Packet Pg.4377 'iPitt! 1 " ! is " ♦ . • •► • : •:' ! � • : :: f.. - 1. • ■ I �> :•�: �. /1 f•1 17.:: • • ! •• ♦ ■