Resolution 041-2021 1 a
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7 MONROE COUNTY,FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. 041 -2021
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ii A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
13 AGENCY AN ORDINANCE BY MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE
15 MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE
16 FUTURE LAND USE ELEMENT AND THE HOUSING ELEMENT TO
17 ESTABLISH A NEW BUILDING PERMIT ALLOCATION CATEGORY
18 TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY
19 EVACUATION UNIT BUILDING PERMIT ALLOCATIONS PURSUANT
20 TO THE WORKFORCE-AFFORDABLE HOUSING INITIATIVE
21 (WORKFORCE INITIATIVE) AUTHORIZED BY THE FLORIDA
22 ADMINISTRATION COMMISSION AND THE FLORIDA DEPARTMENT
23 ECONOMIC OPPORTUNITY BY AMENDING AS WELL AS
24 CLARIFYING POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4,
25 101.3.10, 101.3.11, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND
26 CREATING NEW POLICY 101.3.12 TO ESTABLISH THE SPECIFIC
27 WORKFORCE INITIATIVE REQUIREMENTS; PROVIDING FOR
28 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
29 PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND
30 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
31 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
32 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
33 DATE. (FILE 2020-067)
34
35
36 WHEREAS, the Monroe County Board of County Commissioners conducted a public
37 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
38 Process in Sec. 163.3184(4), F.S, to the State Land Planning Agency for objections,
_... _.. .
39 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
40 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
41 Year 2030 Comprehensive Plan as described above; and
42
43 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of
44 County Commissioners support the requested text amendment;
45
Resolution No.041-2021 Page 1 of 3
File 2020-067
46 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
47 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
48
49 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully
50 set forth herein.
51
52 Section 2. The Board of County Commissioners does hereby adopt the recommendation of the
53 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
54 adoption of the proposed text amendment.
55
56 Section 3. The Board of County Commissioners does hereby transmit the proposed
57 amendment to the State Land Planning Agency for review and comment in
58 accordance with the State Coordinated Review process pursuant to Section
59 163.3184(4),Florida Statutes.
60
61 Section 4. The Monroe County staff is given authority to prepare and submit the required
62 transmittal letter and supporting documents for the proposed amendment in
63 accordance with the requirements of Section 163.3184(4),Florida Statutes.
64
65 Section 5. Construction and Interpretation. This resolution and its interpretation shall be
66 liberally construed and enforced in favor of Monroe County to effectuate its public
67 purpose(s)and policy(ies)of the County.The construction and interpretation of this
68 resolution and all Monroe County Comprehensive Plan provision(s), Florida
ev Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
70 interpretation arises out of, relates to, or is interpreted in connection with this
71 resolution shall be liberally construed and enforced in favor of Monroe County to
72 effectuate its public purpose(s)and policy(ies)of the County,and shall be deferred
73 in favor of the BOCC and such construction and interpretation shall be entitled to
74 great weight in adversarial administrative proceedings, at trial,bankruptcy, and on
75 appeal.
76
77 Section 6. No Liability.Monroe County expressly reserves and in no way shall be deemed to
78 have waived, for itself or for its officer(s),employee(s),or agent(s), any sovereign,
79 governmental, and any other similar defense, immunity, exemption, or protection
80 against any suit, cause-of-action,demand, or liability.
81
82 Section 7. Severability. If any provision of this resolution, or any part or portion thereof, is
83 held to be invalid or unenforceable by any administrative hearing officer or court
84 of competent jurisdiction, the invalidity or unenforceability of such provision, or
85 any part or portion thereof, shall neither limit nor impair the operation,
86 enforceability,or validity of any other provision of this resolution,or any remaining
87 part(s)or portion(s) thereof. All other provisions of this resolution, and remaining
88 part(s)or portion(s)thereof, shall continue unimpaired in full force and effect.
89
90 Section 8. The Clerk of the Board is hereby directed to forward a certified copy of this
91 resolution to the Director of Planning.
Resolution No.041-2021 Page 2 of 3
File 2020-067
92
93 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
94 Florida,at a regular meeting held on the 20th day of January 2021.
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96 Mayor Michelle Coldiron Yes
97 Mayor Pro Tern David Rice Yes
98 Commissioner Craig Cates Yes
99 Commissioner Eddie Martinez Yes
100 Commissioner Mike Forster Yes
101
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104 BOARD OF COUNTY C• 1A 11 ONERS
105 •p`eg ,, OF MONK E eilitienr FLORpc
BY:
u . P MAYOR MICHELLE COLDIRON
it -r ,,, P co AUOO CY
112 A e- : KE I. ADOK, /LEAK
113 - ARS/STANT COUNTY ATTORNEY
Date: 1l8n1
114 AS DEPUTY CLERK
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Resolution No.041-2021 Page 3 of 3
File 2020-067
Exhibit A to Transmittal Resolution
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2021
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11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH
15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT
16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE
18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE
19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION
20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC
21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1,
23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY
24 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE
25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-067)
31
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety,and welfare of the County's citizens; and
36
37 WHEREAS, Section 380.0552, F.S.,the Florida Keys Area protection and designation as
38 area of critical state concern, establishes the intent to "ensure that the population of the Florida
39 Keys can be safely evacuated," [380.0552(2)(j), F.S.] and requires that amendments to each local
40 government's comprehensive plan to include "goals, objectives, and policies to protect public
41 safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation
42 clearance time for permanent residents of no more than 24 hours; and
43
44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
45 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane
46 evacuation and to protect the significant natural resources of Monroe County, as required by the
47 State of Florida; and
Ordinance No. -2021 Page 1 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1
2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
5 throughout the Florida Keys for rental workforce housing, with a condition that the rental
6 occupants evacuate in the early phase(48-hour window)of a hurricane evacuation;and
7
8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
11 6.5 hours in Phase I; and
12
13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
14 by geographic and environmental features,housing supply limited by controlled growth (ROGO)
15 and a tourism economy with a prevalence of lower paying service-sector employment;and
16
17 WHEREAS, the need to protect and preserve an adequate inventory of
18 affordable/workforce accessible housing is a continual as well as a growing challenge in the
19 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
20 housing units throughout the Florida Keys; and
21
22 WHEREAS, on September 19, 2018, the BOCC directed County staff to draft proposed
23 policy alternatives to the State's Keys Workforce Housing Initiative that address several concerns
24 raised related to the enforceability of the evacuation provisions; and
25
26 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
27 but took no official action; and
28
29 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
30 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
31 Development Code amendments to: 1) move a portion of market-rate Rate Of Growth Ordinance
32 (ROGO) units to the affordable housing allocation pool and/or 2) accept the 300 Workforce
33 Housing units offered by the DEO required to evacuate in Phase 1 of the Hurricane Evacuation
34 model; and
35
36 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
37 a comprehensive plan and land development code amendment to: 1) move a portion of the 378
38 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
39 Housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the DEO
40 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
41 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
42 to start the process to accept the 300 workforce housing units; and
43
44 WHEREAS,on July 15,2020,during a discussion item on potentially shifting market rate
45 allocations to the affordable housing pool, the BOCC provided further direction to staff on
46 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC
47 directed: accept the 300 workforce housing early evacuation unit building permit allocations to be
Ordinance No. -2021 Page 2 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 used in exchange for existing affordable allocations at multifamily developments (for developers
2 that agree to the early evacuation restriction)and the affordable housing allocations returned to the
3 County(returned in the exchange)be set aside and banked for takings cases (bank them within an
4 administrative relief pool); and
5
6 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
7 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
8 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
9 manage land use and development; and
10
11 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
12 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
13 2020; and
14
15 WHEREAS, at a regularly scheduled meeting held on October 28, 2020 the Monroe
16 County Planning Commission held a public hearing for the purpose of considering the proposed
17 amendment and provided for public comment; and
18
19 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20
20 recommending approval for the proposed amendment, with edits identified in the resolution for
21 Policies 101.2.2, 101.3.10 and 101.3.12; and
22
23 WHEREAS, the Monroe County Board of County Commissioners is authorized by
24 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business
25 regulations as are necessary for the protection of the public; and
26
27 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
28 County Board of County Commissioners held a public hearing, considered the staff report, and
29 provided for public comment and public participation in accordance with the requirements of state
30 law and the procedures adopted for public participation in the planning process; and
31
32 WHEREAS, at the January 20, 2021, public hearing, the BOCC voted to transmit the
33 proposed amendments to DEO to review the proposal, with a modification to Policy 101.3.12 to
34 eliminate the requirement for a development agreement: instead requiring a resolution approving
35 a contract: and
36
37 WHEREAS,at the January 20,2021,public hearing,the BOCC adopted Resolution -
38 2021, transmitting the proposed text amendment to the State Land Planning Agency; and
39
40 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
41 Objections, Recommendations and Comments (ORC) report, received by the County
42 on ; and
43
44 WHEREAS, the ORC report stated ; and
45
46 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
47 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
Ordinance No. -2021 Page 3 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1
2 WHEREAS, at a regularly scheduled meeting on , the BOCC held a
3 public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
4
5 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
6 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
7 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
8 manage land use and development; and
9
10 WHEREAS, based upon the documentation submitted and information provided in the
11 accompanying staff report, the Monroe County Board of County Commissioners makes the
12 following Conclusions of Law:
13 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
14 Monroe County Year 2030 Comprehensive Plan;and
15 2. The proposed amendment is consistent with the Principles for Guiding Development for
16 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
17 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute
18
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
21
22 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows:
23
Proposed Amendment: deletions are striekeo..thy:; additions are shown in underlined. I
24
25 Objective 101.2
26 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
27 F.A.C., and to maintain the public health, safety, and welfare,Monroe County shall maintain
28 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
29 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
30 adopted between the County and all the municipalities and the State agencies.
31
32 Policy 101.2.1
33 Monroe County shall maintain a memorandum of understanding with the State Land
34 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
35 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
36 data and analysis,the input variables and assumptions, including regional considerations,
37 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
38 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
39 clearance times for the population of the Florida Keys.
40
41 Policy 101.2.2
42 Monroe County shall coordinate with all the municipalities, the State Land Planning
43 Agency and Division of Emergency Management to update the variables and assumptions
44 for the evacuation clearance time modeling and analyses of the build-out capacity of the
45 Florida Keys Area of Critical State Concern based upon the release of the decennial
Ordinance No._-2021 Page 4 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
2 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
3 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
4 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
5 maintaining an evacuation clearance time of 24 hours. The County-will adopted a slower
6 rate of annual allocations for market rate development to extend the allocation timeframe
7 to 20262-034 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
8 County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes
9 for hurricane evacuation clearance time requirement standards; 2) new hurricane
10 evacuation modeling by the State Land Planning Agency and Division of Emergency
11 Management;and 3)a new or revised memorandum of understanding with the State Land
12 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
13 West,Key Colony Beach and Layton (see Policy 101.2.1).
14
15 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
16 Monroe County shall establish a new allocation category to accept and award 300
17 workforce housing early evacuation unit building permit allocations pursuant to the
18 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative). These
19 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C..
20 and shall be required to evacuate in Phase I of the 48-hr evacuation of a pending major
21 hurricane.
22
23 Policy 101.2.3
24 The County will consider capital improvements based upon the need for improved
25 hurricane evacuation clearance times. The County will coordinate with the FDOT, the
26 state agency which maintains U.S.1, to ensure transportation projects that improve
27 clearance times are prioritized.
28
29 Policy 101.2.4
30 In the event of a pending major hurricane (Category 3-5) Monroe County shall
31 implement the following staged/phased evacuation procedures to achieve and maintain
32 an overall 24-hour hurricane evacuation clearance time for the resident population.
33 I. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
34 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
35 vessels(transient and non-transient),awl military personnel and units approved, and
36 deed restricted as workforce housing early evacuation units from the Florida Keys
37 shall be initiated.State parks and campgrounds should be closed at this time or sooner
38 and entry into the Florida Keys by non-residents should be strictly limited.
39 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
40 of mobile home residents, special needs residents, and hospital and nursing home
41 patients from the Keys shall be initiated.
42 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
43 evacuation of permanent residents by evacuation zone (described below) shall be
44 initiated. Existing evacuation zones are as follows:
45 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
46 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
Ordinance No. -2021 Page 5 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
2 63)
3 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
4 63-106.5 and MM 1-9.5 of CR 905)
5 e)Zone 5 -905A to, and including Ocean Reef(MM 106.5-126.5)
6
7 The actual sequence of the evacuation by zones will vary depending on the individual
8 storm. The concepts embodied in this staged evacuation procedures should be embodied
9 in the appropriate County operational Emergency Management Plans.
10
11 The evacuation plan shall be monitored and updated on an annual basis to reflect
12 increases,decreases and or shifts in population;particularly the resident and non-resident
13 populations.
14
15 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
16 of allocations to more than 197 residential units a year, except for affordable housing.
17 Any increase in the number of allocations shall be for affordable housing.Monroe County
18 hereby accepts 300 workforce(affordable) housing early evacuation unit building permit
19 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
20 Workforce Initiative) authorized by the Florida Administration Commission and the
21 Florida Department Economic Opportunity. These allocations are in addition to the
22 maximum allocations identified in Rules 28-20. F.A.C., shall be restricted to rental
23 occupancy for those who derive at least 70%of their income as members of the workforce
24 in Monroe County and who meet the affordable housing income categories of the Monroe
25 County Land Development Code. The allocations shall be required to evacuate in Phase
26 I of the 48-hr evacuation of a pending major hurricane. No new additional residential
27 dwelling unit allocations shall be authorized within the Phase I of the 48-hr evacuation
28 unless approved and provided by the Florida Administration Commission and the Florida
29 Department Economic Opportunity after review of hurricane evacuation modeling results
30 by the State Land Planning Agency and the Division of Emergency Management of
31 available evacuation capacity and a review of the level of service and available capacity
32 for all public facilities.
33
34 Objective 101.3
35 Monroe County shall regulate new residential development based upon the finite carrying
36 capacity of the natural and man-made systems and the growth capacity while maintaining a
37 maximum hurricane evacuation clearance time of 24 hours.
38
39 Policy 101.3.1
40 Monroe County shall maintain a Permit Allocation System for new residential
41 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
42 Permit Allocation System shall limit the number of permits issued for new residential
43 dwelling units. The ROGO allocation system shall apply within the unincorporated area
44 of the county, excluding areas within the county mainland and within the Ocean Reef
45 planned development (Future development in the Ocean Reef planned development is
46 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
47 recognized and issued by the Department of Community Affairs). New residential
Ordinance No. -2021 Page 6 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 dwelling units included in the ROGO allocation system include the following: affordable
2 housing units; market rate dwelling units; mobile homes; end institutional residential
3 units (except hospital rooms}and workforce housing early evacuation units.
4
5 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
6 a distinct location, and therefore cannot be accounted for in the County's hurricane
7 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
8 or associated wet slips be transferred upland or converted to a dwelling unit of any other
9 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
10 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
11 Exemption).
12
13 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
14 units;and seasonal residential units are subject to Policy 101.3.5.
15
16 Policy 101.3.2
17 The number of permits issued for residential dwelling units under the Rate of Growth
18 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
19 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
20 ROGO year and 300 workforce housing early evacuation unit building permit allocations
21 authorized by the Florida Administration Commission and the Florida Department
22 Economic Opportunity.A ROGO year means the twelve-month period beginning on July
23 13. Market rate allocations shall not to exceed 126 residential units per year. Unused
24 allocations for market rate shall be available for Administrative Relief.
25
26 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
27 completed the hurricane evacuation clearance time modeling task and found that with 10
28 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
29 clearance time. This creates challenges for State of Florida and Monroe County as there
30 are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II,260 Tier 111-A(SPA);
31 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may
32 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
33 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds
34 the total number of allocations which the State will allow the County to award,the County
35 adopted a slower rate of annual allocations for market rate development to extend the
36 allocation timeframe to 2026 and is accepting 300 workforce (affordable) housing early
37 evacuation unit building permit allocations pursuant to the Workforce-Affordable
38 I lousing Initiative (Policy 1013.12 Workforce Initiative) authorized by the Florida
39 Administration Conunission and the Florida Department Economic Opportunity. These
40 workforce housing early evacuation allocations that are in addition to the maximum
41 building permit allocations identified in Rules 28-20, F.A.C. The County will consider
42 adopting an extended timeframe for distribution of the ROGO allocations through 2033
43 with committed financial support from its State and Federal partners. This timeframe can
44 provide a safety net to the County and provide additional time to implement land
45 acquisition and other strategies to reduce the demand for ROGO allocations and help
46 transition land into public ownership.
47
Ordinance No. -2021 Page 7 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 The County is actively engaged in acquisitions and is requesting its State and Federal
2 partners for assistance with implementing land acquisitions in Monroe County. The
3 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026 over
4 a 10 yutr-tim,F,n.,,. If substantial financial support is provided by July 12, 2-0482023,
5 the County will reevaluate the ROGO distribution allocation schedule and consider an
6 extended timeframe for the distribution of market rate allocations (through a
7 comprehensive plan amendment). Further,the State and County shall develop a mutually
8 agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private
9 Property Rights Protection Act cases, with the State having an active role both directly
10 and financially in the defense of such cases.
11
12 The County shall distribute ROGO allocations by ROGO year, as provided in the table
13 below.
14
ROGO Year Annual Allocation
Market Rate Affordable Housing Workforce Initiative
July 13,2013—July 12,2014 126 71
July 13,2014—July 12,2015 126 71
July 13, 2015—July 12,2016 126
July 13,2016—July 12,2017 126
July 13,2017—July 12,2018 126 N/A
July 13,2018—July 12,2019 126
July 13,2019—July 12, 2020 126 568 total AFH
July 13,2020—July 12,2021 64 (total available
July 13,2021 July 12, 2022 64 immediately)
July 13,2022—July 12,2023 64
July 13,2023 July 12,2024 62 300**
July 13,2024—July 12,2025 62
July 13,2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through
the Incidental Take Permit(ITP)ending in 2023.
** Workforce housing early evacuation unit allocations shall be available countywide (unincor op rated
county)and distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
Irestricted utilizing the workforce housing early evacuation unit allocations are subject to the provisions of
.Policy 101.3.12.15
16 The State of Florida, pursuant to Administration Commission Rules, may modify the
17 annual allocation rate. Monroe County will request a Rule change from the
18 Administration Commission to authorize the above allocation timeframe and rate.
19
20
21
Ordinance No._-2021
Page 8 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 Policy 101.3.3
2 Monroe County shall allocate at least 20% of the annual allocation, or as may be
3 established by the State of Florida, pursuant to Administration Commission Rules, to
4 affordable housing units as part of ROGO. Any portion of the allocations not used for
5 affordable housing shall be retained and be made available for affordable housing from
6 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
7 workforce housing early evacuation units shall meet the criteria specified in Policy
8 601.1.4 and the Land Development Code, but shall not be subject to the competitive
9 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed
10 for affordable housing or workforce housing early evacuation units shall not be located
11 within an area designated as Tier I as set forth under Goal 105 or within a Tier 111-A
12 Special Protection Area as set forth in Policy 205.1.1.
13
14 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
15 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
16 the following criteria:
17 1. The property contains an existing market rate dwelling unit that meets the criteria in
18 LDC Section 138-22(a) and is determined to be exempt from ROGO;
19 2. The proposed replacement affordable dwelling unit meets current Florida Building
20 Code and is not a mobile home;
21 3.The proposed replacement dwelling unit shall be deed restricted for a period of at least
22 99 years as affordable housing pursuant to the standards of the Land Development
23 Code; and
24 4. The proposed site plan for the replacement affordable dwelling unit does not propose
25 any additional clearing of habitat.
26
27 Policy 101.3.4
28 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
29 development shall specify procedures for:
30 1.establishing the annual number of permits for new residential units to be issued during
31 the next ROGO year based upon, but not limited to the following:
32 a.expired allocations and building permits in previous year;
33 b. allocations available, but not allocated in previous year;
34 c. number of allocations borrowed from future quarters;
35 d. vested allocations;
36 e. modifications required or provided by Administration Commission Rules;
37 f. modifications required or provided by this plan or agreement pursuant to Chapter
38 380, Florida Statutes;and
39 g. receipt or transfer of affordable housing allocations by intergovernmental
40 agreement; and
41 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
42 Clearance Time Memorandum of Understanding.
43 2. allocation of affordable housing. workforce housing early evacuation units and market
44 rate housing units in accordance with Policies 101.3.2 and 101.3.3; and
45 3. timing of the acceptance of applications, evaluation and scoring of applications, and
46 issuance of permits for new residential development during the calendar year.
47
Ordinance No. -2021 Page 9 of 19
File 2020-067
Exhibit A to Transmittal Resolution
1 Policy 101.3.5
2 Due to the limited number of allocations and the States requirement that the County
3 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
4 shall prohibit new transient residential allocations for hotel or motel rooms, campground
5 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
6 Lawfully established transient units shall be entitled to one unit for each type of unit in
7 existence before January 4, 1996 for use as a ROGO exemption. (Ord.No. 024-2011)
8
9 Policy 101.3.6
10 All public and institutional uses (except hospital rooms) that predominately serve the
11 County's non-transient population and which house temporary residents shall be subject
12 to the Permit Allocation System for residential development, except upon factual
13 demonstration that such transient occupancy is of such a nature so as not to adversely
14 impact the hurricane evacuation clearance time of Monroe County.
15
16 • • • • * «
17
18 Policy 101.3.9
19 For those ROGO applications and properties which have not received a ROGO award for
20 four consecutive years and have applied for administrative relief, which are designated
21 Tier 1, II, or IIIA, the County or the State shall offer to purchase the property if funding
22 for such is available. Refusal of the purchase offer shall not be grounds for granting a
23 ROGO award.
24
25 Policy 101.3.10
26 Notwithstanding any other provision of the Plan. except the last sentence of this Policy
27 101.3.10, building ROGO allocations utilized for affordable housing projects may be
28 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
29 ROGO subarea,and between local govemment jurisdictions within the Florida Keys Area
30 of Critical State Concern (ACSC). Any such transfer of affordable housing allocations
31 between local government jurisdictions must be accomplished through an interlocal
32 agreement between the sending and receiving local governments. Interlocal agreements
33 that involve assigning the County's affordable housing(not includin affordable housing
34 allocations banked for takings cases) allocations to e.visling dwelling units within a
35 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
36 be transferred into the unincorporated County as an exchan e for the affordable housing
37 allocations transferred to the municipality, shall be accomplished through a minor
38 conditional use permit approval and shall he subject to the receiver site criteria in Policy
39 101.6.8 and may be transferred to any subarea within the unincorporated County. In no
40 event shall the County (1) pool and transfer workforce housing early evacuation unit
41 allocations between ROGO sub-areas, (2) transfer workforce housing early evacuation
42 unit allocations to another government jurisdiction. (3) receive workforce housing early
43 evacuation unit building allocations from another government jurisdiction. or(4)transfer
44 affordable housing ROGO allocations received by the County in exchange for workforce
45 housing early evacuation unit allocations to another government jurisdiction.
46
47
Ordinance No. -2021
File 2020-067 Page 10 of 19
Exhibit A to Transmittal Resolution
1 Policy 101.3.11
2 Monroe County may receive additional building permit allocations pursuant to the 2012
3 completed hurricane evacuation clearance time modeling and allocation
4 recommendations by the State Land Planning Agency and the Administration
5 Commission's direction that the City of Key West would transfer annually(by July 15th)
6 any remaining unused allocations for that year to the other Florida Keys' local
7 governments based upon the local governments' ratio of vacant land. Any transferred
8 allocations from the City of Key West to Monroe County shall be made available for
9 Administrative Relief Monroe County may receive, and award 300 building permit
10 allocations designated as workforce housing early evacuation units pursuant to the
11 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
12 provided by the Florida Administration Commission and the Florida Department
13 Economic Opportunity. These allocations that arc in addition to the maximum allocations
14 identified in Rules 28-20. F.A.C.. and shall be required to evacuate in Phase I of the 48-
15 hr evacuation of a pending major hurricane.
16
17 Policy 101.3.12
18 Workforce Initiative. To support Monroe County's workforce by alleviating constraints
19 on affordable housing, to protect private property rights and address potential liability
20 the County is participating in the Workforce-Affordable Housing Initiative (Workforce
21 Initiative), as approved during the June 13, 2018 meeting of the Florida Administration
22 Commission. Monroe County accepts the 300 workforce housing early evacuation
23 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
24 authorized by the Florida Administration Commission and the Florida Department
25 Economic Opportunity. The Worktorce-Affordable I lousing Initiative will require
26 dwelling units constructed and/or deed restricted with workforce housing early
27 evacuation building permit allocations to evacuate occupants in Phase 1 of the 48-hr
28 evacuation of a pending major hurricane, pursuant to the criteria below.
29
30 To participate in the Workforce Initiative, Monroe County shall be responsible for the
31 management. distribution. and enforcement of requirements associated with the
32 workforce housing early evacuation building permit allocations. Monroe County shall
33 ensure adherence to these requirements through implementation of this policy and shall
34 annually provide to the Florida Department Economic Opportunity a report indicating the
35 number of workforce housing early evacuation units built and/or deed restricted.
36 occupancy rates, and compliance with the requirement to evacuate the units in Phase I of
37 an evacuation. The annual report shall be provided to the State in a timely manlier such
38 that the State may include the information in the required Annual Report to the Governor
39 and Cabinet on the County's progress toward completion of its Work Program pursuant
40 to Rule 28-20. F.A.C.
41
42 Dwelling units developed and/or deed restricted utilizing the workforce housing early
43 evacuation unit allocations are subject to the following:
44
45 (a) Requests for workforce housing early evacuation unit allocations shall be available
46 only for a I for I exchange for affordable allocations/exemptions and require a
47 reservation via BOCC resolution. The BOCC may- at its discretion, place
Ordinance No. -2021
File 2020-067 Page II of 19
Exhibit A to Transmittal Resolution
1 conditions on any reservation as it deems appropriate. The BOCC may. at its
2 discretion, exchange existing reserved affordable allocations for allocations under
3 the Workforce Initiative to private development and nonprofit sector partners
4 willing to meet the requirements of the workforce housing early evacuation unit
5 allocations. Further, the BOCC may, at its discretion, approve the exchange of
6 existing deed-restricted affordable housing units(lawful affordable exemptions) at
7 existing multifamily residential developments for allocations under the Workforce
8 Initiative to private development and nonprofit sector partners willing to meet the
9 requirements of the workforce housing early evacuation unit allocations.
10 (I) The affordable allocations returned to the County in exchange for workforce
11 housing early evacuation unit allocations shall be banked and used for future
12 administrative relief, beneficial use determinations and to resolve inverse
13 condemnation cases and Bert J. Harris, Jr. Private Properly Rights Protection
14 Act cases.
15 (2) To maintain consistency with Rule 28-20.140(2)(h). F.A.C., the affordable
16 allocations returned to the County shall be maintained as affordable allocations
17 and shall also be returned to the original affordable housing category (very
18 low/low/median income vs.moderate income pool).
19 (3)The workforce housing early evacuation unit allocations must be utilized based
20 on the original approved affordable housing income category or a lesser income
21 category.
22 (4) Administrative relief means actions taken by the County granting the owner of
23 real property relief from the continued application of the Rate of Growth
24 Ordinance (ROGO) restrictions provided they meet the criteria established in
25 the Comprehensive Plan and Land Development Code.
26 (5) Beneficial use means the use of property that allows an owner to derive a benefit
27 or profit in the exercise of a basic property right. For the purpose of this policy.
28 beneficial use shall mean the minimum use of the property necessary to avoid
29 the finding of a regulatory taking under current land use case law.
30 (b) The construction of dwelling units, the redevelopment or the deed restriction of
31 existing dwelling units utilizing workforce housing early evacuation unit
32 allocations shall require approval of a resolution approving a contract between the
33 BOCC and the applicant to officially exchange the allocations and confirm
34 compliance with the requirements Workforce Initiative within this Policy.
35 (c) All workforce housing early evacuation units require a deed-restriction ensuring:
36 (I) Before any building permit may be issued fur any structure, portion or phase of
37 a project subject to the Workforce Initiative, a restrictive covenant shall be
38 approved by the Planning Director and County Attorney and recorded in the
39 Office of the-Clerk of the County to ensure compliance with the provision of
40 this section running in favor of the County and enforceable by the County and.
41 if applicable. a participating municipality. The following requirements shall
42 apply to these restrictive covenants:
43 a. The covenants for any workforce housing early evacuation units shall be
44 effective for 99 years.
45 b. The covenants shall not commence running until a certificate of occupancy
46 has been issued by the Building Official for the dwelling unit or dwellin
47 units to which the covenant or covenants apply.
Ordinance No. -2021
File 2020-067 Page 12 of 19
Exhibit A to Transmittal Resolution
1 c. For existing dwelling units that are deed-restricted as workforce housing
2 early evacuation units. the covenants shall commence running upon
3 recordation in the Official Records of Monroe County.
4 (2) The covenants shall require that the workforce housing early evacuation units
5 to be restricted to rental occupancy for those who derive at least 70% of their
6 income as members of the workforce in Monroe County and who meet the
7 affordable housing income categories of the Monroe County Land
8 Development Code. The occupants are required to annually verify their
9 employment and/or income eligibility.
10 (3) The covenants shall require occupants to evacuate in Phase I of the 48-hr
11 evacuation of a pending maior hurricane. Persons living in the workforce
12 housing early evacuation units who may be exempted from evacuation
13 requirements are limited to law enforcement, correctional and fire personnel.
14 health care personnel, and public employees with emergency management
15 responsibilities. If there is an occupant that indicates their employment is
16 considered a`first-responder position'and not included in the list of exemptions
17 above, then the Planning Director shall determine, in writing, whether the
18 person may be exempted because of a requirement to remain during an
19 emergency. Any person claiming exemption under this provision shall submit
20 of an affidavit of qualification and faithfully certify their status with the onsite
21 property management.
22 14) The covenants shall require rental agreements which contain a separate
23 disclosure requiring rental occupants to acknowledge the existing restrictive
24 covenant on the unit requiring evacuation in Phase I of the 48-hr evacuation
25 and that failure to adhere to the Phase 1 evacuation requirement could result in
26 severe penalties, including eviction,to the occupant.
27 f5) The covenants shall require onsite property managers and a separate
28 employment disclosure requiring the maintenance of training in evacuation
29 procedures and an acknowledgement that failure to adhere to the Phase I
30 evacuation requirement could result in severe penalties, including termination.
31 (dl Workforce housing early evacuation units shall be restricted to rental occupancy
32 for those who derive at least 70% of their income as members of the workforce in
33 Monroe County and who meet the affordable housing income categories of the
34 Monroe County Land Development Code. Workforce means individuals or families
35 who are gainfully employed supplying goods and/or services to Monroe County
36 residents or visitors.
37 (e) Workforce housing early evacuation units shall require onsite property
38 management with property managers trained in evacuation procedures and required
39 to manage the evacuation of tenants in Phase I of an evacuation. During traditional
40 working hours, the property manager must be at an office within the workforce
41 housing early evacuation unit development subject property. Outside the traditional
42 working hours. the property manager must be available at all times to respond to
43 evacuation orders.
44 (f) The property management entity for the workforce housing early evacuation units
45 shall be required to annually verify the employment and income eligibility of
46 tenants: report the total units on the site, the occupancy rates of units. and tenant
47 compliance with the requirement to evacuate the units in Phase I of an evacuation.
Ordinance No. -2021
File 2020-067 Page 13 of 19
Exhibit A to Transmittal Resolution
1 including the number of occupants that are exempt from the evacuation
2 requirements. The property management entity must submit a report to the Planning
3 and Environmental Resources Department by May I of each year. Further, each
4 lease and this annual report shall be kept by the property manager and be available
5 for inspection by the County during traditional working hours.
6 (g) Workforce housing early evacuation units shall be located within an area designated
7 as Tier Ill.
8 (h) Workforce housing early evacuation units shall not be located in the V-Zone or
9 within a Coastal Barrier Resource System (CBRS).
10 (i) Workforce housing early evacuation units shall be located on a property which has
11 all infrastructure available (potable water, adequate wastewater treatment and
12 disposal wastewater meeting adopted LOS, paved roads, etc.).
13 (j) All workforce housing early evacuation units must demonstrate compliance with
14 all applicable federal standards for accessibility for persons with disabilities(ADA
15 Compliance).
16 (k) To the greatest extent practicable, a development utilizing workforce housing early
17 evacuation unit allocations shall incorporate sustainable and resilient design
18 principles into the overall site design and be accessible to employment centers in
19 Key West, Stock Island and Marathon.
20
21 GOAL 601
22 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
23 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
24 population based on type, tenure characteristics, unit size and individual preferences.
25
26 Objective 601.1
27 To ensure that affordable housing opportunities are available throughout the entire community
28 and to maintain a balanced and sustainable local economy and the provision of essential
29 services. Monroe County shall implement the following defined policies to reduce estimated
30 affordable housing need for its workforce and households in the very low, low, median and
31 moderate income classifications.
32
33 Policy 601.1.1
34 Monroe County shall maintain land development regulations, in conjunction with the
35 Permit Allocation System,for apportioning future affordable housing development on an
36 -
37
38 Policy 601.1.2
39 Monroe County shall continue expand its participation in Federal and State housing
40 assistance programs to rehabilitate owner and rental housing for very low, low, median,
41 and moderate income residents by seeking grants, loans, and technical assistance in
42 conjunction with the Monroe County Housing Authority by May I. 202I.
43
44 Policy 601.1.3
45 The Monroe County Land Authority shall maintain a list of buildable properties owned
46 or targeted for acquisition by the Land Authority which potentially could be donated or
47 made available for affordable housing. This list will be updated annually and made
Ordinance No. -2021
File 2020-067 Page 14 or 19
Exhibit A to Transmittal Resolution
1 available to the public.The guidelines established in Policies 601.1.10 and 601.1.11 shall
2 be considered in the formulation of this list.
3
4 Policy 601.1.4
5 All affordable housing projects which receive development benefits from Monroe
6 County, including but not limited to ROGO allocation award(s) reserved for affordable
7 housing, maximum net density, or donations of land, shall be required to maintain the
8 project as affordable for a period of 99 years pursuant to deed restrictions or other
9 mechanisms specified in the Land Development Code, and administered by Monroe
10 County or the Monroe County Housing Authority.
11
12 Policy 601.1.5
13 If Monroe County funding or County-donated land is to be used for any affordable
14 housing project, alternative sites shall be assessed according to the following guidelines:
15 1. The location of endangered species habitat. Sites within known, probable, or
16 potentially suitable threatened or endangered species habitat shall be avoided.
17 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
18 be determined according to the ranking specified in the Environmental Design
19 Criteria section of the Land Development Code. Disturbed sites shall be selected,
20 unless no feasible alternative is available.
21 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
22 avoided.
23 4. The level of service provided in the vicinity for all public facilities. Areas which are
24 at or near capacity for one or more public facility should be avoided.
25 5. Proximity to employment and retail centers. Sites within five miles of employment
26 and retail centers shall be preferred.
27
28 Policy 601.1.6
29 Monroe County shall identify funding sources that could be made available to support
30 community-based non-profit organizations such as Habitat for Humanity in their efforts
31 to provide adequate affordable housing.
32
33 Policy 601.1.7
34 Monroe County shall continue to participate in the State Housing Incentives Partnership
35 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
36 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
37 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
38 County Affordable Housing Advisory Committee.
39
40 Policy 601.1.8
41 Monroe County shall allocate at least 20%of the annual ROGO allocation, or as may be
42 established by the State of Florida, pursuant to Administration Commission Rules, to
43 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
44 this separate allocation must meet the criteria established in the Land Development Code.
45 Monroe County may award 300 additional building permit allocations designated as
46 workforce housing early evacuation units pursuant to the Workforce-Affordable Housing
47 Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida
Ordinance No. -2021
File 2020-067 Page 15 of 19
Exhibit A to Transmittal Resolution
1 Administration Commission and the Florida Department Economic Opportunity.
2 allocations are in addition to the maximum allocations identified in Rules 28-20. F.A..
3 are restricted to rental occupancy for those who derive at least 70% of their income as
4 members of the workforce in Monroe County and who meet the affordable housing
5 income categories of the Monroe County Land Development Code, and shall he required
6 to evacuate in Phase I of the 48-hr evacuation of a pending major hurricane.
7
8 Policy 601.1.9
9 Monroe County shall maintain land development regulations which may include density
10 bonuses, impact fee waiver programs, and other possible regulations to encourage
11 affordable housing.
12
13 Policy 601.1.10
14 The Land Authority may acquire land for affordable housing projects if they are deemed
15 appropriate and acceptable by the Land Authority as meeting the intent of:
16 I. the affordable housing provisions in the Land Authority's enabling legislation;
17 2. the goals, objectives and policies of this Plan; and
18 3. the land use designations specified on the Future Land Use Map and in the Monroe
19 County Land Development Regulations.
20
21 Policy 601.1.11
22 The Land Authority shall not list or acquire vacant lands as potential affordable housing
23 sites if the lands exhibit any of the following characteristics:
24 I. Any portion of the land lies within a known, probable, or potentially suitable
25 threatened or endangered species habitat.
26 2. The land has a Tier designation other than Tier III.
27 3. The land is located in a V-Zone,on an offshore island or within a CBRS unit.
28
29 Policy 601.1.12
30 Monroe County shall annually monitor the eligibility of the occupants of housing units
31 which have received special benefits, including but not limited to those issued under the
32 affordable housing provisions specified in the Land Development Code or those issued
33 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
34 specified in the Plan and in the Land Development Code,and their eligibility riod has
35 not expired, then Monroe County may take any one or a combination of the following
36 actions:
37 I. require the payment of impact fees, if they were waived;
38 2. proceed with remedial actions through the Department of Code Compliance, as a
39 violation of the Monroe County Code;
40 3. take civil court action as authorized by statute, common law, or via agreement
41 between an applicant and the County; and/or
42 4. require the sale or rental of the unit(s)to eligible occupants.
43
44 Policy 601.1.13
45 Monroe County shall maintain land development regulations on inclusionary housing and
46 shall evaluate expanding the inclusionary housing requirements to include or address
Ordinance No. -2021
File 2020-067 Page 16 of 19
Exhibit A to Transmittal Resolution
1 nonresidential and transient development and redevelopment based on specific data and
2 analysis.
3
4 Objective 601.2
5 Monroe County shall adopt programs and policies to encourage housing of various types, sizes
6 and price ranges to meet the demands of current and future residents
7
8 Policy 601.2.1
9 Public-private partnerships shall be encouraged to improve coordination among
10 participants involved in housing production. In these efforts, the County will establish a
11 comprehensive central depository for housing information located at the Monroe County
12 Housing Authority and Growth Management Division for the coordination and
13 cooperation among public and private agencies which collect and use housing data.
14
15 Objective 601.3
16 Monroe County shall continue implementation efforts to eliminate substandard housing and to
17 preserve, conserve and enhance the existing housing stock, including historic structures and
18 sites.
19
20 Policy 601.3.1
21 Monroe County shall coordinate with other County agencies to monitor housing
22 conditions. Standards for evaluation of the structural condition of the housing stock are
23 summarized below:
24 Sound: Most housing units in this category are in good condition and have no visible
25 defects. However, some structures with slight defects are also included.
26
27 Deteriorating: A housing unit in this category needs more repair than would be
28 provided in the course of regular maintenance, such as repainting. A housing unit is
29 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
30
31 Dilapidated(Substandard):A housing unit in this category indicates that the unit can
32 no longer provide safe and adequate shelter or is of inadequate original construction
33 including being constructed below the minimum required elevation by FEMA or the
34 County's Floodplain Regulations.
35
36 Policy 601.3.2
37 The County Code Compliance Office and Building Department will enforce building
38 code regulations and County ordinances governing the structural condition of the housing
39 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
40 residential neighborhoods.
41
42 Policy 601.3.3
43 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
44 Development (HUD) rental rehabilitation programs by the Monroe County Housing
45 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
46 increased private reinvestment in housing by providing information, technical assistance
Ordinance No. -2021
File 2020-067 - Page 17 of 19
Exhibit A to Transmittal Resolution
1 in applications for federal and State funding, or provide local public funds for
2 rehabilitation purposes.
3
4 Policy 601.3.4
5 Monroe County shall encourage identification and improvement of historically
6 significant housing through the coordination of public information programs defining
7 benefits and improvement funding sources.
8
9 Objective 601.4
10 Monroe County shall maintain land development regulations which allow group homes and
11 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as
12 subsidized housing for elderly residents of the County, to be located in residential areas as
13 appropriate.
14
15 Policy 601.4.1
16 Monroe County shall maintain land development regulations which permit group homes
17 and foster care facilities (homes of six or fewer residences which otherwise meet the
18 definition of Community Residential Home pursuant to F.S. § 419.001(I)(a)) licensed or
19 funded by the DOH in all land use categories which permit residential development where
20 consistent with other goals, objectives, and policies of this Comprehensive Plan.
21
22 Policy 601.4.2
23 The County shall identify and evaluate alternative strategies to expand subsidized housing
24 programs for elderly residents of Monroe County through coordination with the Monroe
25 County Housing Authority, and encourage their development by private, community-
26 based non-profit, or public entities, as well as public/private partnerships.
27
28 Objective 601.5
29 The County shall provide uniform and equitable treatment for persons and businesses displaced
30 by state and local government programs, consistent with F.S. § 421.55.
31
32 Policy 601.5.1
33 By May 1, 20172024, Monroe County shall adopt uniform relocation standards for
34 displaced households.
35
36
37 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
38 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
39 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
40 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
41 provision immediately involved in the controversy in which such judgment or decree shall be
42 rendered.
43
44 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
45 this ordinance are hereby repealed to the extent of said conflict.
46
Ordinance No. -2021
File 2020-067 Page 18 of 19
Exhibit A to Transmittal Resolution
1 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning Agency as required by F.S. 380.05 (I I)and F.S. 380.0552(9).
3
4 Section 5. Filial'; This ordinance shall be filed in the Office of the Secretary of the State
5 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
7 Statutes and after any applicable challenges have been resolved.
8
9 Section 6. Inclusion in the Monroe Counts/ Comprehensive Plan. The text amendment
10 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
11 amendment may be renumbered to conform to the numbering in the Monroe County
12 Comprehensive Plan.
13
14 Section 7. Effective Date. This ordinance shall become as provided by law and stated
15 above.
16
17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
18 Florida, at a regular meeting held on the day of
19
20 Mayor Michelle Coldiron
21 Mayor Pro Tern David Rice
22 Commissioner Craig Cates
23 Commissioner Eddie Martinez
24 Commissioner Mike Forster
25
26
27
28 BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA
30
31 BY
32 MAYOR MICHELLE COLDIRON
33
34 (SEAL)
35
36 ATTEST: KEVIN MADOK, CLERK
37
38 _ AS DEPUTY CLERK
39
Ordinance No. -2021
File 2020-067 Page 19 of 19
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Sunday,January 3,2021
-_ Affiant further says that the Key West Citizen is a newspaper published in Key
West in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published In saki Monroe County,Florida every day,and
has been entered as periodinla Matter at the post office in Key Nest.in said
Monroe County.Fonda.for a period of 1 year next preceding the first publication
of the attached copy of advertisement',and aflant further says that he cr she has
neither paid nor promised any person,firm or corporation any discount rebate.
commission or refund for the purpose of securing this advertisement for publica-
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE
MONROE COUNTY COMPREHENSIVE
PLAN
January 20, 2021
NOTICE IS HEREBY GIVEN that on Wednesday,January 20,2021 the Monroe County Board of County
Commissioners will hold a Public Meeting, beginning at 09:00 AM.The BOCC meeting will be a hybrid
format with the County Commission members meeting live in Marathon, while the public will be able to
participate via Zoom Webinar.The following items will be considered at a PUBLIC MEETING:
A_RESOL J)ON.$ET11NG THE_DATEJIME.AND PLACE FOR A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY OF PINE DRIVE,AS SHOWN ON
THE PLAT OF PINE HAMMOCK SUBDIVISION,PLAT BOOK 3,PAGE 163,BOUNDED ON THE NORTH BY
DON'S COURT;BOUNDED ON THE WEST BY TRACT D AND E,PINE KEY ACRES;BOUNDED ON THE
SOUTH BY PINE DRIVE;AND BOUNDED ON THE EAST BY BLOCK 1.LOTS 5-10.(FILE 2020-119)
PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard):
AN_ORDINANICF—BY._INE_M9NROE_CQUNTY BOARD IE GOUNTY_COMMI IONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE LAND
USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING INITIATIVE
(WORKFORCE INITIATIVE)AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11,601.1,601.1.1,601.1.2,601.1.8,
601.1111,601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE
INITIATIVE REQUIREMENTS;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 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-067)
AN_ORDINANCE BY THE MONROE COSJNrLBQARLLOF 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 INCLUSION IN THE MONROE
COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-098)
AN ORDINANCE BY MONROE_Sr_QUNTY BOARD OF COS COMMISSIONERS ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 501.1.7,
OBJECTIVE 501.2, POLICY 501.2.1, POLICY 501.2.2, POLICY 501.2.3 AND POLICY 501.5.3 OF THE
PORTS,AVIATION AND RELATED FACILITIES ELEMENT TO ALLOW AIRPORT IMPROVEMENTS,WHICH
MAY IMPACT WETLAND AREAS WHEN THERE IS NO OTHER VIABLE ALTERNATIVE AVAILABLE, AT
THE KEY WEST INTERNATIONAL AIRPORT AND THE FLORIDA KEYS MARATHON INTERNATIONAL
AIRPORT,CONSISTENT WITH THE AIRPORT MASTER PLAN(AMP)AND AIRPORT LAYOUT PLAN(ALP)
FOR EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE PERMIT/
AUTHORIZATION REQUIREMENTS, INCLUDING MITIGATION FOR ENVIRONMENTAL IMPACTS. (FILE
2020-145)
Please visit the Monroe County Website at wy w monro Qunty-fl gQy for meeting agenda updates
and information regarding the various options available to the public to view the live meeting and/or to
make public comments on certain agenda Items.
Pursuant to Section 286.0105 Florida Statutes,if a person decides to appeal any decision of the Board of
County Commissioners,with respect to any matter considered at the meeting or hearing,he or she will need a
record of the proceedings,and that,for such purpose,he or she may need to ensure a verbatim record of the
proceedings is made,which record includes the testimony 8 evidence upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations In order
to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)
292-4441,between the hours of 8:30 a.m.-5;00 p.m.,no later than five(5)calendar days prior to the
scheduled meeting;if you are hearing or voice impaired,call"711."
„a,uary 2.2021 Kw well C 1,e,,