Item Q1 �S Q.1
I`�
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: Q.1
Agenda Item Summary #7666
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 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. 3120
Q.1
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 is not 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.
Note: On October 21, 2020, the BOCC held a transmittal hearing for the proposed Comprehensive
Plan amendment to address lock-out units. The BOCC discussed the proposed Comp Plan
amendment but decided not to transmit the amendment because the BOCC wanted to address the
scenario of a master bedroom with a separate entrance (ex: to the pool area), a lockable internal
connection (regular door), a coffee bar/wine bar and a bathroom. The BOCC mentioned that
development standards have evolved since 1998 (date of MOU with DCA) and this is a typical
design/floor plan requested by occupants.
Staff discussed the amendment with DEO staff on November 24, 2020, including proposed edits to
address the BOCC direction to accommodate current development standards by adding two
additional scenarios to the table included within the definition of `dwelling unit. 'DEO stated, at this
time, they did not identify any issues or edits with the proposed edits (see yellow within the proposed
amendment section below).
Excerpts of proposed amendments:
Packet Pg. 3121
Q.1
Loci.-ouf wilt means anv stt,.ttctu..re or rc oni, or g:ou' D of toota-is car nor icon of I �dj.�.gje f�i�s�l� or.. ..... .. ...
niultl-faniih, dweltinqtransie.j.,it, t it t vvh.ich Creates a sepaxate i n :pc etc cat Ibvi.�g tea w h i c
can �e accessed ,end l c:l;�ed c,s......ke:Nr d sc�l)ar tel�� f�rof.n tine 1xt it:tc°i.�a�� To tesic3. n a l d eltul.
unit tit transient tin.it Lock-out unit create a S�� arat� aide��et�dent livii a a rea,jhabitala.l� sl.. we,
wf.ich shall b co. sIdered a tttt t �_ct�a �llbtt�t:tt�t aii.d.ot, tt�attsieat unit� n,lt'.c to tt1"r�s an addition
O tt a lo,catiou o t� � �ttl�tl��tt. and kv'fl. be cou,nted as a, fall ttrttt ( �ll �t�� ttatit and fit:
t i�st t t ti ft,1 � It t c tt l ttti.t? 11t a11c sral ic. leitsit�� on a site.
Dwelling Unit means one or more rooms physically arranged for occupancy by one household
sharing common living, Y 1K1t� jet�fcoo ingyl, and bathro;or� i et acilities._Divel inn units stj.,M�.
trim Hac ude additicnai dv,,china units„ sec�7ni a c��,tellt 1tn�ts. .lc�c1 -c�ttt t�tt�tsn c�� art j 1 ti e
habitable srrucuureS t112t Create a ,e��d�:ta1�� It di Detac:icAIT living area that are occur)ie icy a scpai°ate
at G t f�c3 ry tt:..t r f lt� l l...rys ttl ttt air additional t allocation Lion ��t... OG(-)'... xena ptio . In
toyy l fT ^ttt st y1yN �xt¢�4.rzt# create
1 c>s 1s .y�tl c�E� IcwyllGt tt�f iptysa t�yyttc ttsrttr lycg�c:�.y-out pu.,it;�d or a.tiv tine
&k',a N,t..,abfe s..A�ti.A�3.es tt.,ia7.:...cr €9t..e a F �fa tit A.�.i�.IeISet�Jadeiat. l..iy,in� C.I.i.e i;l..re �.iot, crec�i�„xi�:.g 113� �. .V
Izl c cti� ttl7 tits f11�pt,
B. .... e ... ...... ... .... Fell 5 t F1�1.1. Halt
t l Aire runt] Internal A1.1=�.�ecW s
... Frtran ... _ t 1[c11 r: <<1 ° tt1�.., 1:�`,
.cian ct:jon CAI.@.uec�ion =`
yN n-ppk. �W A .fit. �'S.. �'s:.�t^..y9
NA x
..... _'. ...... .........
AEC,
A NA
..... ........ ........ _. _....... _.. ......
x NA NA x Es 1
, � x N
fix.. -. .���. a:k.. _ �'YO
_. _. _....... ...... _..
11 x x X YES 1
.. ... ......
X11 x _ x x YES Its
_ _ x YES 10
x YES [I
® - - s 111
.. N
x . x :� x
..... ........
YES 10
- x YES
.s
x x
Packet Pg. 3122
on I General. -Note� Not all,osslible j2rcject design-options are slamvn. As a i-.ale of thnnab, if "In 1�t-1
...........................................................................................................................................R.......................................... .......................................................................................................................................................................................................................................................................................
allows a ftill 1.6tche.ii, flaen a -"et bar 's als; 1 15 .1 iifl kitche.n� on I.f.
1. 0 per-il'.6tt'd ir
................................................................................................................................................................................................................................................................ -------------------P�..ace of or i n a d d iijon to a f..............................................................................................
n s s I optioll. allolvs a flitt batti.,flien.a half bat' i at o � ari. t e n a_,2e i, t d i pl. ce of or in addition to a Full bath,
.......................................................... .....................
ACC, = Attached or ungittached accessoi.7� addition to no internal connection to
............................................................................................................................................................................ ................. .........................................................................................................................
flie structure. N11 also be conside'l.'ed a loc.ls',out 1111it,
........................................................................................... ..
ADD. =: Addition. to principal structure -�vrtlr an. interiml connection t C 0 n i a 1. s tru c tui j:e. M ay a 1.s o b e
......................................................................................................... ........... ..................... ............................................................................................................................................................................................................................................................. ...... P........................................................................ ..............
CODsidered a lock-out unit.
...............................................................................................................................................................
3, A seimrate en ntrance inc.tud ina slid i iag, glass doors. A s.,,-e �tmj.) n-my be niade 'f trance. is an r e, p cral exe 1.
................................................................................................................................................................ ...................................................................................... ...................................................
the e.titi-aiace is into an,enclosed couftNarcl or cool.area� The see arate er.rIrai.-.kce ,lull not create tock-oast
...............................................................................................................................................................................................................................
its'. MIQ or an other hab'table structu e that crete units, secojadaik-�! cbvellin, 1111� Un, I r S a a
...................................................................................... ..........................................................L................................................................................................................................................................................................................
lrttt in'd
ain4. ....lob, internal Connection exists-"flaen either household can lock outthe other 1,t........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ L
..........An ti n I o e.k.a.b..I..e internal comiectron,exists �,vlien one aj:ty caiinc)t exclucdle the other�am% An C.q.)en Nvall
................................................................................................................................. .................
is an utilockabte inter n internal conecfioir�, A. door or do�.!!,��17a,1 is not, 11�a junterna11.- connin.ection, To
.............................................................................................................................................................................................................
be an tuatockable intermit connection,the cased 2 'relic or nio-- ir v'dtli.
operu. g naust be-42.1 in - �_� cn.e -,
6, A kill kite is apy food.j..)rej,.2aration facility larger tlian a wet bar, 1,11i.11.1.1bing 'sti.tb casts` shatt be
.................................................................... ........................................... ................................
CODsidered a kltclaen�
..............................................................................................................................
7, A �,vet bar Is a food[ or drinI pry aration. area fin-hited to a total coi.i.ater siirface a-rea of 16 sqyare to
................................................................................................................................................................................ ....... .....�M.....................................................................................
(inchiding a sink Nvith design Jlin-lJtatioris of one birt and linirted to one , 1)
electriciry firnited to 1]0 vol.t. service,
................................. ...........................................................................................................................................
8, A fu'l bath contain-
.............. ...........ILI i n11...toj.1et and bath,or sticover, A half bath, at a ji-.kaxim in.
contain a toilet and a sink,
................................................................................................................................................
.9.......,.......YES............=............d.......evetopLnient-ltr.cjio........s......a......l....`.de.S......iz-1).-11-.1-y-be
rat
!-,70:::::::: de v lomn. yjj..-.cq.j
................j................ .......... o sat/d e s i. p roved,
...........................................................e
P hiuitin,- tire chNell.i.wz unit a S..,.Ingle—11011'sehold selving
only as a pefniai'lent resid osal cannot create lock-out vulits, secondal-� dwelling I
.............................................. ...........................................................................................................................
its, doi,.tiiitory or anv other" laabita that create a SeDarate irid......................................................epeaacleatt li.� irr� 1re1a
—sei)—aiatc and indeA)endent,houseb.oI&-
-11, Limited to a separate entrance on a sin to fituaitv detached dwelfing unit mitts an enclosed backyard,
courmard or i,,)ool area of the residence., 'The separate entrance shall not, create lock-out t-mits., secondary
dwelling unrits, guestunits, dormi
IMne
of 1.iNz*.,1g,, 42-0Gk-+Rg, -,4n..d- t+wfet fat,344ies-
peep, t4lemr�
Household means all the people who occupy a A h(--.M+S-L4RH4 ifl.
...............................................
4,
wai-af4-- K ftrp1 +y-1 -�- ,- 41-a4"e1 40ao,u wgl itu '4-. A4 1 - r s r4c . "i-
111��— � �E if
g Gf4*H-eaetep -ffm1 , ,U4" T,a 4,wFOOR1 s s
1+ati seh,01(17
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
I Packet Pg. 3123
Q.1
and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to
pending legislation.
On March 15, 2017, the BOCC adopted Resolution 087-2017 directing staff to process an ordinance
to impose a temporary moratorium deferring the approval of new applications or received
applications that have not been fully approved, commencing March 15, 2017, for comprehensive
plan or land development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing only
affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
unrelated people and any children related to either of them" of a dwelling unit, and applications
utilizing the term "lock-out."
On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the
365 day temporary moratorium described above.
On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the
365 day moratorium described above.
On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365
day moratorium described above. This moratorium into effect in November 8, 2019 and runs through
November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and effective,
whichever comes first.
On October 21, 2020, the BOCC held a transmittal hearing for the proposed Comprehensive Plan
amendment to address lock-out units and voted to table the item.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2019-098_Staff Report CP_Lock-out_Family_1-20-2021 BOCC
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_lst 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:
Packet Pg. 3124
Q.1
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Emily Schemper Completed 12/29/2020 4:36 PM
Assistant County Administrator Christine Hurley Completed
12/30/2020 10:16 AM
Derek Howard Completed 12/31/2020 2:44 PM
Purchasing Completed 12/31/2020 2:45 PM
Budget and Finance Completed 01/04/2021 1:09 PM
Maria Slavik Completed 01/04/2021 4:11 PM
Liz Yongue Completed 01/04/2021 4:24 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
Packet Pg. 3125
f (r t
4i
' @ f_ N
3 4,.
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
co
6 M
CD
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
10
11 From: Mayte Santamaria, Senior Planning Policy Advisor
12 0
13 Date: September 25, 2020, updated November 30, 2020
14 E
15 Subject: An ordinance by Monroe County Board of County Commissioners adopting
16 amendments to the Monroe County 2030 Comprehensive Plan amending the Glossary E
17 to modify the definition of Accessory Use or Accessory Structure, modify the
18 definition of Dwelling Unit, delete the definition of Family, modify the definition of CL
19 Household, create a definition for kitchen, create a definition for Lock-out Unit, 0.
20 modify the definition of Transient Unit; create a definition for wet bar; and amending 0
21 Policy 101.3.5 to address the term Lock-out Unit. (File 2019 - 098)
22
23 Meeting: October 21, 2020 (item tabled by BOCC)
24 January 20, 2021 C14
25
26 I. REQUEST N
27
28 The Monroe County Planning & Environmental Resources Department is proposing an amendment
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,
31 modify the definition of Household, create a definition for kitchen, create a definition for Lock-out 0
le
32 Unit (specking that lock-out units are separate independent living area/habitable spaces and U
33 shall be considered a unit (dwelling unit and/or transient unit) which requires an additional _Ji
CL
34 ROGO allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or U
35 transient unit) when computing the allowable density on a site), modify the definition of Transient r�
36 Unit; create a definition for wet bar; and amending Policy 101.3.5 to address the term Lock-out
37 Unit.
38
39 IL BACKGROUND INFORMATION co
40
CD
41 On April 13, 2016, at a special public meeting the BOCC adopted the 2030 Comprehensive Plan
42 and Land Development Code. The 2030 Comprehensive Plan was adopted pursuant to Ordinance
43 005-2016 was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016.
44 DEO issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The E
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. 3126
Q.1.a
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 co
7 the Monroe County Land Development Code to become effective. The County's updated Land a)
8 Development Code became effective on February 3, 2017.
9 4-
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
12 Development Code in April 2016. Both documents include a definition for family. Neither o
13 document includes a definition of"lock-out."
14 E
15 The Monroe County Board of County Commissioners, at a regular meeting on February 15,
16 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain E
17 development applications proposing occupancy by "three unrelated people" or "two unrelated
18 people and any children related to either of them" of a dwelling unit or utilizing the term a.
19 "lock-out," due to pending legislation. E
20 U
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 as
24 applications that have not been fully approved, commencing March 15, 2017, for comprehensive
25 plan or land development code amendments, development agreements (including 380 development
26 agreements), and minor and major conditional use permits (excluding applications proposing only
27 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
28 unrelated people and any children related to either of them" of a dwelling unit, and applications
29 utilizing the term "lock-out."
30 �
31 On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the i
32 365 day temporary moratorium described above.
33
34 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the
35 365 day moratorium described above. 0�
36
37 On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365
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 U)i
co
40 effective, whichever comes first. a)
41
42 On October 21, 2020, the BOCC held a transmittal hearing for the proposed Comprehensive Plan
43 amendment to address lock-out units. The BOCC discussed the proposed Comp Plan amendment
44 but decided not to transmit the amendment because the BOCC wanted to address the scenario of a E
45 master bedroom with a separate entrance (ex: to the pool area), a lockable internal connection
46 (regular door), a coffee bar/wine bar and a bathroom. The BOCC mentioned that development
47 standards have evolved since 1998 (date of MOU with DCA) and this is a typical design/floor plan
48 requested by occupants.
49
BOCC SR Page 2 of 19
File No.2019-098
Packet Pg. 3127
Q.1.a
I Staff discussed the amendment with DEO staff on November 24, 2020, including proposed edits to
2 address the BOCC direction to accommodate current development standards by adding two
3 additional scenarios to the table included within the definition of `dwelling unit.' DEO stated, at
4 this time, they did not identify any issues or edits with the proposed edits (see proposed
5 amendment section below). -�
co
6 M
CD
7 Staff is proposing a corresponding amendment to the Land Development Code. The subject of this a)
8 staff report is the proposed amendment to the Comprehensive Plan.
9 4-
10
11 Community Meeting and Public Participation
12 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on June 22, 2020 2
13 to provide for public input. There were 2 members of the public in attendance. During the meeting,
14 this amendment to the Comprehensive Plan (File 2019-098), the IDO extension (File 2020-066) E
15 and the Land Development Code amendment (File 2019-099) were explained. The public mainly
16 asked for clarification of the amendment provisions and noted that they hoped the amendment E
17 would address concerns about creating multiple"houses" with one ROGO allocation.
18 a.
19 Development Review Committee and Public Input E
20 The Development Review Committee considered the proposed amendment at a regular meeting on
21 July 21, 2020 and received public input. One member of the public ask if the amendment would
22 apply retrospectively.
23 as
24 Planning Commission and Public Input
25 The Planning Commission considered the proposed amendment at a regular meeting on
26 September 23, 2020,provided for public input and recommended approval, with direction for staff
27 to address, within the matrix included in the dwelling unit definition, the scenario of a separate
28 entrance without a lockable internal connection.
29 U-
30 111. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
31 le
32 Proposed Amendment(deletions are i4' E °4�- -gx4; additions are shown in underlined): U
33 i
34 2030 Comprehensive Plan - GLOSSARY
35 If definitions sought are not within this section, the County shall utilize the adopted definitions of its
36 LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the
37 County shall utilize the term as commonly used.
38
39 Defined Terms co
40 Accessory Use or Accessory Structure means a use or structure that: a)
41 (1) Is subordinate to and serves an existing principal use or principal structure; and
42 (2) Is subordinate in area, extent and purpose to an existing principal use or principal
43 structure served (for this definition docks, pools, pool decks, driveways are excluded
44 from total area); and
45 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or
46 principal structure served; and
47 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the
48 lot/parcel on which the principal use or principal structure is located; and
49 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use
50 or principal structure, excluding accessory docking facilities that may be permitted on
BOCC SR Page 3 of 19
File No.2019-098
Packet Pg. 3128 i
I adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and
2 (6) Is located in the same land use (zoning) district as the principal use or principal structure,
3 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC-_an_d.-,
4 V
_7_)__A.c_ce_s_so-ry---Uses ...d-wel-ling, units or lock-out units or
5 a.n.v other habitable structures that are occuloied by a separate and independent household,
co
6 M
CD
1
7 Density means an objective measurement of the magnitude of residential use on a site. Density
8 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland.
9
10 Density, Allocated means the number of dwelling units or rooms/spaces which may be permitted
0
11 to be developed per gross acre of upland without the use of Transferable Development Rights
12 (TDRs).
13
14 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which E
15 may be permitted to be developed per buildable acre, with the use of Transferable Development
16 Rights (TDRs) or for affordable housing. E
17
18 Dwelling Unit means one or more rooms physically arranged for occupancy by one household CL
19 sharing common living, a].jmt Ijg2__(cookingj, and bathroom milt facilities. Dwelling un4s shall 0.
E
20 n.21 i.n.c..tude gddi 6 o..na..I....d.w.el.l.i.nsy..units,..secon.d.at-y dwelling uny'ts....lock-out u or any�(utlher 0
...................... ....................... ----J� L)
21 habitable structures that create a L� nLt��_LjLi -q�
---------------- ----------------------------- _qLg . L)
22 and indep an additional ROGO allocation or ROGO exern tion, fn
and ...................................................................................................................................................................................................................................__p
0
23 reviewim4 develo)anent— prt»t>sals for dwell' i ensure lock-out units other ca
212TL t_nyts., to ensure lockout unas or any
24 habitable structures that create d end n J' the ro� .sal N
habitable ............ In gP n n o t....c.Ie..aj.e�!------------------p TQ........... CD
25 shall co C14
. .... LID y with the fol 1 14:
L)L-----------------------------LnI111— CD
26 C44
ILL` L.o..c..k.a.b.l.e. 1.JJDJo.c..k,1b..1..e� Wet I setxlrat- F 11 Full H,1 I f
SIP9...... .......................... internal Intern,.1 .............. ............. ................ Allowed
........................... ............... Bar ' Bath Bath. ....................................
Etitgnce' Kitchen B, B,
................................... Connection Connection ------------------ ---------- ...................... ..................... E
.............................................. Cann . M
X NA NA X X NO U_
............ ............ ...... ............
X NA NA X X NO
............ ............ ...... 0
ACC�.................. X NA NA X X NO
............ ............ ...... ...... ............
0
X NA NA X X NO
............ ............ ...... ............
X NA NA X YES 10 CL
X X X X O N
............
X X X X NO 0
...... ...... ............
X11 X X X YES
X X X X NO
...... ............
X11
X - - X X YES U)
YES 10 co
YES 10
a)
X - - X X YES'0 T_
CD
A D.P., X - X X NO C44
X X X N
............
X X X X O N E
...... ...... ............
X X X X NO
...... ...... ............
X - X YES'o
X X
X - X X YES
- X X YES
- X X X NO
...... ......
BOCCSR Page 4 of 19
File No.2019-098 1 Packet Pg. 3129
|
2 l.
3
4 :
anittedji-i ace of�®r in addition to a full bath�2. ACC. :::::::: Attached or Unattached acce.ssory-addiflori to Dal StRICU11-C with rio 'riterrial connect'
6
7
�
8 '
�
9
.... ........ g�� ia IC U _g glass doors. A special exception may
�
|0
I s..s co dary &velling, dorm' her habitable struCtUres that create a
|2 �irideperiderit living area.
|3 0
|4
|5
|6
|7 larger than a wet
|8 � �
|9 7. A wet bar is a food or drink Dre aration area limited to a total COUrIter SUrface area of 16 feet �
20 O
2|
22 w
23 � � ~�
24 9� YES. de el sa sign ma bbe approved.
25 `�
�
26 � � �
27
28 �
�
29 � s jo r ari - other habitable strLICtLires that create
|
30 11. Limited
3| courtyard or pool area of the residence. The separate entrance shall not create lock-out units, secondary E
32 6[
|
33 �
34
35 0
36 ~j
|
~ ~ o.
37
` ' ~ ^ ^ ~
38
39 �
�
40
4| .�
42 Household means all the people who occupy u �
|
Co
43 C
�
' - - ' _
44
'---, — --�'-/-- '-- ---- -- ----'-o --'- '- �--- -�'-o ---- '- - ----'-o --'_ — - CD
45 nw
46
47
48 Kitchen rneans anv fo_od_.pLe ea lan4er than a wet bar., intended or desiuned to be used
49
�
50 for serv' urn i g_"stub-outs", shall be considered as establishing a
-----------------------------------------------------------------------------------------
5|
52
B0CC 8D yogc 5 ufl9
File No.20l9'098 1 Packet Pg. 3130
I Lock-oitt it/iit i-nean _an structure
.......................................................................................s ..........Y......................................................... ........................ ...........
2 i-nult f i i i- ,i-ntydwellin_i4_(.)i—trinsieryt Unit creates a sepqj� !�Jndgp V.......
.............................................. ............... in
3 can be accessed and locked or keved sploaratelv frorn the lorinc oal en try to a residential dwelling
..................................................................................................................................................
4 unit or transient unit, I..,ock-out units create 4 area,/habit
Unit er 1 _12�e�ndernyt�Iiving_area,/h�abitab�les ac�e.,
5 which shall be considered a unit (dwelling ional
.................................................................................................................................................................................... co
6 ROGO allocation or ROGO exerngLtLT -�11�1__�Lill be counted as a full u it and,,"or n (dwelling unit M
---------------------------------------------------------------------------- ----------------------------- full mu -----
7 transient.unit1when cornputing-the allowable density on a site,
....................................................
8
9 Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging
10 establishment as defined by Florida Statutes, intended for transient lodging only for periods not
11 exceeding 30 days. Transient occupancy shall conform to the definition contained in Florida _I 0
e
12 Statutes. For the purposes of density restriction:
13 (1) Hotel or motel unit may be a single bedroom and 11/2 bathrooms or a hotel/motel unit may
14 be a suite which may include a kitchenette but no more than 11/2 bathrooms and one bedroom E
15 and one other living area.
16 (2) Suites containing more than one bedroom and 11/2 baths may be constructed; however, each E
17 bedroom/full bath combination shall be considered a hotel/motel unit.
18 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling CL
19 access so that the hotel or motel unit as defined herein is not divisible into separately rentable E
0
20 units.
21
22 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel room, U
0
23 seasonal residential unit, or space for parking a recreational vehicle or travel trailer. Transient as
24 units., Iii-nited to hotel or motel roorns., rnav include lock-out units that rneet the criteria within the C44
25 deftition of"Rooln Hotel or Hote/" and shall ire an additional R.QQQ exe p ion for each C14
_ �
.......................................................................................................................................................................................................... ...
26 lock-out unit,
27
28 Wet har rneans is a food or drink- area limited to a total counter surface area of' 16
29 sq_u are feet...q..single one-bin sink of one square foot end service limited to I IQ
----------------- ................................................................................................................................ volt U_
30 service,
31 1 0 32
0
33 Policy 101.3.1 _j I
CL
34 Monroe County shall maintain a Permit Allocation System for new residential development U
35 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation r_
0
36 System shall limit the number of permits issued for new residential dwelling units. The ROGO
37 allocation system shall apply within the unincorporated area of the county, excluding areas
38 within the county mainland and within the Ocean Reef planned development (Future
39 development in the Ocean Reef planned development is based upon the December 2010 Ocean U)
co
40 Reef Club Vested Development Rights Letter recognized and issued by the Department of a)
41 Community Affairs). New residential dwelling units included in the ROGO allocation system a)
T_
CD
42 include the following: affordable housing units; market rate dwelling units; mobile homes; and
43 institutional residential units (except hospital rooms).
44 E
45 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct
46 location, and therefore cannot be accounted for in the County's hurricane evacuation model.
47 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be
48 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet
BOCCSR Page 6 of 19
File No.2019-098 1 Packet Pg. 3131
Q.1.a
I slips are not considered ROGO allocation awards, and may not be used as the basis for any type
2 of ROGO exemption or THE(Transfer of ROGO Exemption).
3
4 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and
5 seasonal residential units are subject to Policy 101.3.5. -�
6 `o
CD
7 Policy 101.3.5
8 Due to the limited number of allocations and the State's requirement that the County maintain a
9 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
10 transient residential allocations for hotel or motel rooms and anv lock-out units., campground �
11 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully
12 established transient units shall be entitled to one unit for each type of unit in existence before 2
13 January 4, 1996 for use as a ROGO exemption.
14 E
15
16 IV. ANALYSIS OF PROPOSED AMENDMENT
17
18 a.
19 LOCK-OUT
20 The BOCC directed staff to propose amendments to address applications proposing development
21 with the use of "lock-outs" of units which could be utilized as separate dwelling unit or another
22 potentially habitable structure without the requirement of a separate ROGO allocation/exemption.
23 as
24 The requirement in Florida Statute, Administration Commission Rule and the Comprehensive Plan
25 is that hurricane evacuation clearance must be maintained at 24 hours for the resident population.
26 The policies and regulations adopted in the Monroe County Comprehensive Plan and Land
27 Development Code are to maintain public health, safety, and welfare of the citizens of the Florida
28 Keys and to strengthen our local government capability to manage land use and development. As a
29 direct result of State's legislative and administrative growth restriction mandates, the County has U_
30 adopted local ordinances, such as Rate of Growth Ordinance (ROGO), to fairly and competitively
31 allocate the limited number of permits for new dwelling units. c
32
33 The BOCC previously discussed the use of a "lock-out" (a separate, independent living space)
34 within a dwelling unit - for concerns with developing without a ROGO allocation and potentially
35 circumventing density limitations. These discussions have identified a concern that the use of r�
36 "lock-outs" will create unintended impacts/consequences of additional units, vehicles, people and
37 disturbances (noise complaints) and the "lock-outs" are not in line with the state mandated Rate of
38 Growth Ordinance (ROGO) process for maintaining hurricane evacuation clearance times.
39 Currently, the Monroe County 2030 Comprehensive Plan and Land Development Code are silent v)co
40 on use of"lock-outs" and density is calculated based on units and not an undefined"lock-out." a)
41
cv
BOCC SR Page 7 of 19
File No.2019-098
Packet Pg. 3132
Q.1.a
1
2 Example of a 1..1 vab`:
lock-out unit - W%LN
4 �'5 configuration:
6
CD
BEDROOM
LM
$ AREA
10
WET BAR �
O
L
d _ UN6R1,/ .`e
12 �n O
13 7��V FULL.KITCHEN N
14 a Ar o rM
15 `
a�
16 Note,the proposed amendments to the `dwelling unit' definition with the table of allowed and not allowed
17
18 configurations,would not allow the configuration depicted above.
CL
19 � ��n LoLlc i� UnoLlc i�sl�n Full Wet Full Hflf 0.
20 t�9 Interria Interna r - r r , Allowed
`' �
21 Fratrat c E.j j ra... d,11 Ball_ dat1l
C crrartl�ct�crrta C crrtan�cttcrrta
22 X X - X - X - NO c,
23 ADD. X X - - X X - NO
24 X X - - - X NO
25
26 The adopted 2030 Comprehensive Plan does not include any policies related to the use of"lock-
27 outs" which could be utilized as separate dwelling unit or another potentially habitable structure
28 without the requirement of a separate ROGO allocation/exemption but does includes the following
29 definitions: M
U_
30
31 Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing 0
32 common living, cooking, and toilet facilities.
33 JI
34 Household means all the people who occupy a housing unit. A household includes the related family CL
35 members and all the unrelated people,if any, such as lodgers, foster children, wards, or employees who
36 share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a 0
0
37 housing unit such as partners or roomers, is also counted as a household.
38
39 Family means a person living alone, or people living together as a single household and sharing
40 common living, cooking, and toilet facilities: i
CO
41 (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized a)
42 custodial relationship;
43 (2) three unrelated people; N
44 (3) two unrelated people and any children related to either of them.
45
46
47 The County reviews dwelling unit development proposals based on a Memorandum of
48 Understanding (MOU)between Monroe County and the Florida Department of Community Affairs
49 (DCA, now DEO) which establishes guidelines for the approval of single family residential
50 building permits to ensure that no separate independent living areas are created which are not in
51 compliance with the Land Development Regulations. This MOU was approved by the BOCC on
BOCC SR Page 8 of 19
File No.2019-098
Packet Pg. 3133
Q.1.a
I February 11, 1998, and specified guidelines which focus on elements of a residence and accessory
2 structures that may create or could create separate independent living areas, such as separate
3 entrances, lockability of internal connections, and existence of key housekeeping facilities, such as
4 kitchens, wet bars, and bathrooms. An excerpt from the approved MOU is provided below.
5
ATTACHMENT A r�
GUIDELIN ES FOR APPROVING ADDITIONS THAT Igo NOT CREATE
AN ADDITIONAL MVELLING UNITa
Sad, Separate lockable uniockable full wet bar till I/.Bath Altawed?
type$ entrance$ I tent l Int+ern.a[ kitcheno Bath
connection" connection'
0
ace.
told. X NA NA X X NO �
0
X NA NA X X NO
X NA NA X X NO �
X NA NA X ? NO
X NA NA X YES
add. X -- X X NO m
X X X X NCt
X X X X NO
X X ..... X YES
® X X - - X YES CL
X ..-- X X X NO
X ..-4 X X X NO o
X .__' X X YES
v mea.. _........... ....�� YES
_-_ X X X YES tJ
6 «-- X X _ No
i. General Note:Not all possible project design options are shown. As a rule of thumb,if an option r
allows a full kitchen then a wet bar Is also permitted in place of or in addition to a full kitchen~or,it an
option allows a full bath,then a'%bath is also permitted in place of or In addition to a full bath. CD
2- acc = Attached or unattached accessory addition to principal structure with no internal connection to tV
the structure,
add = Addition to principal structure with an intern a]connection to principal structure. I
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 M
house or dormitory is not created. U.
I
4. A lockable intern at connection exists when either party can tool out the other party.
S. An unitckable internal connection exists when one party can not exclude the other party. An open U
wall is an unlackable internal connection. A door or doorway is not an unlockable internal connection. o
I
6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing'stub outs"shall be CL
considered a kitchen. CJI
T. A wet bar Is a food 0rdrink preparation area limited to a total coo nter surface area of 16 square feet
lincluding a sink with design limitations of one kaki and limited to one(1)square foot in size)with 0
electricity limited to 110 volt service.
8. A full bath contains,at a minimum,a sink.toilet and bath orshower. A half bath,at a maximum,may
contain a toilet and a sink.
I
S. No Design can not be approved.
YES = Design can be approved.
Approval of any project design that does not oteady fall within one Hof 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, tV
10, Requires covenant restricting dwelling unit to single family occupancy only,
8 0
9
10 To address the BOCC's direction on `lock-outs' and provide consistency with the existing,
11 approved MOU between the County and DCA that has been utilized since 1998, staff is
12 recommending including the provisions of the MOU within the definition of "dwelling unit" to
13 ensure separate independent living areas are not created and creating a definition for "lock-out
BOCC SR Page 9 of 19
File No.2019-098
Packet Pg. 3134
Q.1.a
I unit" to specify that lock-out units are separate independent living areas/habitable spaces and shall
2 be considered a unit (dwelling unit and/or transient unit) which requires an additional ROGO
3 allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or transient
4 unit)when computing the allowable density on a site.
5
Co
6 Staff has proposed requiring a restrictive covenant to most of the development proposals/designs M
7 that may be approved. The restrictive covenant limits the dwelling unit to occupancy by a single a)
8 household serving only as a permanent residential unit. As defined by the LDC, `permanent
9 residential unit' means a dwelling unit that is designed for, and capable of, serving as a residence -
10 for a household for non-transient occupancy, excluding hotel, motel, and recreational vehicle.
11
12 Additionally, staff has added three additional scenarios into the matrix of possible project design o
13 options, to capture other likely development proposals/designs, as follows:
14 E
don Lock ible Un ock ible
Scxar its Full Wet, F«:.: H tlf �
tv? Entrances Internal Internal Kitchen` Bar ' .....................------------------ ---------- ....................
- X _ _ X X _ YES'0
CL
N .
ADD X - - - NCB Uc
X11 X - - X X - YES�€r
X 1 X - - X - X yF €r
15
16 C44
17 C4,4
18 FAMILY
19 The BOCC directed staff to propose amendments to address applications with proposed occupancy
20 by "three unrelated people" or "two unrelated people and any children related to either of them" of
21 a dwelling unit, and applications utilizing the term "lock-out." Along with the proposed ,M
22 amendments to address "lock-out units," staff is proposing to delete the definition of"family," as
23 the term does not appear to be utilized in the code (see exhibit 6 to the staff report) and does not 0
le
24 appear necessary and because there isn't a consistently used definition of family that covers the U
25 diverse composition of families. Additionally, staff is proposing to amend the definition of
26 `household" to simplify the definition. The lock-out unit amendments should address the concerns
27 of the BOCC regarding impacts/consequences of additional units, vehicles, people and r�
28 disturbances (noise complaints) and the creation of"lock-out units" are not in line with the state
29 mandated Rate of Growth Ordinance (ROGO) process for maintaining hurricane evacuation
30 clearance times.
31 v)Co
32 Staff is proposing the following amendments: a)
33
34 one-
35
1
36
37 �
38
39
40
41 Household means all the people who occupy a _ _ cwclli unit.
BOCC SR Page 10 of 19
File No.2019-098
Packet Pg. 3135
Q.1.a
�E�a �<, a ". r� ,44df
1 -erg ce xux-aFii®--� - `�c � •, -s , .r�£-_ � '- .,----ersc�z �..arsiccx�ix,
v v
3
4eh€i
5
co
6 In developing the recommended amendments, staff completed a review of the adopted code M
7 definitions of multiple local governments throughout the State of Florida for the term `family,' a)
8 including definitions used by the U.S. Census Bureau, the U.S. Department of Housing and Urban
9 Development, and definitions provided in the APA Planner's Dictionary. Many of the definitions -
10 are similar to the County's adopted definition and address people related by blood, marriage,
11 adoption, guardianship, domestic partnership or duly-authorized custodial relationship as well as
12 maximum numbers of unrelated people. There is not a consistent or standard definition for the
13 terms "family" or `household" —nor a consistent maximum number of people.
14 E
Local Provision of
Definition of Family unrelated
Government people
Monroe County Family means a person living alone, or people living together as a single Up to 3 CL
household and sharing common living,cooking, and toilet facilities: unrelated 0.
(1) Any number of people related by blood, marriage, adoption, people c
guardianship, domestic partnership or duly-authorized custodial
relationship;
(2)Three unrelated people;
(3)Two unrelated people and any children related to either of them.
City of Key West, Family means: Up to 4
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 N
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 M
caretakers for the housekeeping unit; or ¢,i
(2) Up to four unrelated persons occupying a dwelling unit as a
separate, independent, not-for-profit housekeeping unit with a
single kitchen and set of culinary facilities. c
City of Marathon, Family: One (1) or more persons occupying a living unit as a single, No limit
FL nonprofit housekeeping unit.
i
Village of Family means an individual or two or more persons related to each other Up to 6 0
Islamorada, FL by blood, marriage, or adoption; or no more than six unrelated unrelated
individuals 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)i
marriage or adoption, living together as a single housekeeping unit; or a unrelated a)
group of not more than four persons not related by blood, marriage or people
adoption,living together as a single housekeeping unit.
cv
Alachua County, Family: One or more persons occupying a living unit as a single, No limit ;j
FL nonprofit housekeeping unit.
Miami Beach, FL Family means an individual or two or more persons related by blood or Up to 3
marriage, or a group of not more than three persons(excluding servants) unrelated
who need not be related by blood or marriage, living together as a single people
housekeeping unit in a dwelling.
Broward County, Family: Any number of persons living together as a single housekeeping No Limit
BOCC SR Page 11 of 19
File No.2019-098
Packet Pg. 3136
Q.1.a
FL unit, whether legally related to each other or not. The persons
constituting a family may also include gratuitous guests and domestic
servants,but shall not include paying guests.
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
caretaker or nursing care provider serving one of the family members
and who lives onsite is also considered a family member.
Lauderdale-By- Family. One person or a group of two or more persons living together Up to 3 m
The-Sea, FL and interrelated by bonds of consanguinity, domestic partnership, unrelated
marriage or legal adoption, or a group of persons not more than three in people
0
number who are not so interrelated, occupying the whole or part of a
dwelling as a separate housekeeping unit with a single set of culinary °
facilities. The persons thus constituting a family may also include
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 E
DCF, or who is otherwise considered to be a foster child under the laws
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 0.
this chapter. Nothing herein shall be construed to include any roomer or c
boarder as a member of a family. c,
Lee County, FL Family: One or more persons occupying a dwelling unit and living as a Up to 2
single nonprofit housekeeping unit, provided that a group of three or unrelated
more adults who are not related by blood,marriage or adoption shall not people
be deemed to constitute a family, and further provided that domestic
employees may be housed on the premises without being counted as a
separate or additional family. The term "family" shall not be construed c�
to mean a fraternity, sorority, club, monastery, convent or institutional i
group.
Martin County, FL Family: Up to 5
1. One or more persons related by blood, marriage, adoption, or unrelated Ui
guardianship occupying a single residential dwelling unit as a single people
0
housekeeping unit and sharing common facilities; or
2. Any group of up to five persons occupying a single dwelling unit as a 0
single housekeeping unit and sharing common facilities. i
CL
Orange County, Family shall mean an individual; or two (2) or more persons related by Up to 4 tJi
FL blood, marriage or adoption, exclusive of household servants, occupying unrelated
a dwelling and living as a single housekeeping unit; or four(4) or fewer people
persons, not related by blood, marriage or adoption, exclusive of
household servants, occupying a dwelling and living as a single
housekeeping unit, in either case as distinguished from persons U)
occupying a boardinghouse, lodging house, rooming house, nursing co
CD
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 `44
are related by blood, marriage, adoption or foster care responsibility, no unrelated
m
such family shall contain over five persons. people E
This term includes Community Residential Homes occupied by not over
six CRH residents; but does not include any fraternity, sorority, club, Family is a
convent, monastery, or group housing. max of 5
people.
St.Pete Beach, FL Family means one or more individuals related by blood, marriage, or Up to 4
adoption or fostering of children under the age of 25, and up to two unrelated
BOCC SR Page 12 of 19
File No.2019-098
Packet Pg. 3137
Q.1.a
unrelated persons who serve as caretakers, servants, or housekeepers, people
occupying a dwelling unit and living as a single household unit. Family
shall also be defined as four or less unrelated individuals for the
purposes of residential occupancy. The term "family" shall not be
construed to mean a fraternity, sorority, club, or other institutional
group- co
Town of Palm Family means an individual; or two or more persons related by legal Up to 3
Beach, FL adoption, blood, or a licit marriage; or a group of not more than three unrelated
persons who need not be related by blood or marriage, living together as people m
a single housekeeping unit in a dwelling. W
Pensacola, FL Family means one or more persons occupying a dwelling unit and using Does not
0
common utility services,provided that unless all members are related by mention U
blood or marriage,no such family shall contain over four(4)persons. unrelated 2
people
Family is a
max of 4
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 0.
:
marriage, no family shall contain over five persons. Domestic servants unrelated E
0
employed on the premises may be housed on the premises without being people �?
counted as a separate or additional family or families. The term 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
home or nursing home, foster care home or family care home. N
St. Lucie County, Family: One (1) or more persons occupying a single housekeeping unit, Does not c14
FL provided that unless all members are related by blood, legal adoption, or mention i
marriage,no such family shall contain over six(6)persons, and provided unrelated
further that such family may include gratuitous guests and domestic people E
servants. i
Family is a
0
max of 6
people
CL
2 U.S. Census Bureau U
i
3 Family: A family is a group of two people or more (one of whom is the householder) related by birth, r_
c
4 marriage, 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,
7 nor are the members of unrelated subfamilies included in the count of family members. The number of U)
co
8 families is equal to the number of family households, however, the count of family members differs from a,
CD
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
13 together, and related by birth, marriage, or adoption. A household may be composed of one such group, E
14 more than one, or none at all. The count of family groups includes family households, related subfamilies,
15 and unrelated subfamilies.
16
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
19 individuals) who may be residing there. The number of family households is equal to the number of
BOCC SR Page 13 of 19
File No.2019-098
Packet Pg. 3138 i
Q.1.a
I families. The count of family household members differs from the count of family members, however, in
2 that the family household members include all people living in the household, whereas family members
3 include only the householder and his/her relatives. See the definition of family.
4
5 HUD (§ 570.3—Definitions)
6 Family refers to the definition of"family"in 24 CFR 5.403. co
7
8 24 CFR 5.403: Family includes, but is not limited to, the following, regardless of actual or perceived
9 sexual orientation, gender identity,or marital status: a,
10 (1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly tW
11 person, or any other single person; or
12 (2) A group of persons residing together, and such group includes,but is not limited to:
13 (1) A family with or without children (a child who is temporarily away from the home because 2
14 of placement in foster care is considered a member of the family);
15 (ii) An elderly family; E
16 (iii) A near-elderly family;
17 (iv) A disabled family; E
18 (v) A displaced family; and
19 (vi) The remaining member of a tenant family.
20 CL
21 Household means all persons occupying a housing unit. The occupants may be a family, as defined in 24
22 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who U
23 share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital
24 status.
25
26 APA-A Planners Dictionary N
27 Family: A person living alone, or any of the following groups living together as a single nonprofit c14
28 housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: (1) any number of N
29 people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship; (2) two
30 unrelated people; (3) two unrelated people and any children related to either of them; (4) not more than
31 eight people who are: (a) residents of a"Family Home" as defined in the [state code] and this ordinance; or E
32 (b) "handicapped" as defined in the Fair Housing Act . . . and this ordinance. This definition does not U-
i
33 include persons currently illegally using or addicted to a "controlled substance'; (5) three or more people
34 who are granted a special-use permit as a"functional family" pursuant to the special use permit procedures I
35 section of this ordinance. Family does not include any society, club, fraternity, sorority, association, lodge 0
36 combine, federation, coterie, or like organization; any group of individuals whose association is temporary _i
37 or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal �cj
38 offenses. (Ames, Iowa)
39
40 One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless
41 all members are related by blood, marriage, or adoption, no such family shall contain over six persons,
42 including any roomers, boarders, and/or domestic servants. A home for independent living with support v)
43 personnel that provides room and board,personal care and habilitation services in a family environment as a oaf
44 single-housekeeping unit for not more than six resident elderly or disabled persons (mentally and/or 9
45 physically impaired) with at least one, but not more than two resident staff persons shall be considered a
46 family. (Tulsa, Okla.)
47
48 Two or more persons related by blood, marriage, adoption, or not more than four persons not related by m
49 blood, marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization. (Boone
50 County, Mo.)
51
52 An individual or two or more persons related to each other by blood, marriage, or adoption, or a group of
53 not more than four persons not all so related, together with his or their domestic servants, living in a
BOCC SR Page 14 of 19
File No.2019-098
Packet Pg. 3139
Q.1.a
I dwelling unit. A family may include, in addition thereto, not more than two boarders, roomers, or
2 permanent guests,whether or not gratuitous. (Roswell,N. Mex.)
3
4 One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children
5 (and including the domestic employees thereof) together with not more than two persons not so related,
6 living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional r
7 group of four or fewer persons living in such housekeeping unit shall be considered a separate family for the
8 purpose of this code. (St.Paul,Minn.)
9
10 Two or more persons related to each other by blood, marriage, or legal adoption living together as a single
11 housekeeping unit; or a group of not more than three persons who need not be related by blood, marriage, or
12 legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit. (Lake
13 County, Ill.) o
14
15 One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a E
16 group occupying a rooming house or motel. (Gorham, Maine)
17 E
18 One or more persons occupying a premise[s] and living as a single housekeeping unit as distinguished from
19 a group occupying a boardinghouse, lodging house, or hotel as herein defined. (Scottsdale, Ariz.)
20 L
21 An individual, or two or more persons related by blood, marriage or adoption, or a group of unrelated
22 persons which, if it numbers five or more persons, must be living together as a group in a dwelling unit, U
W
23 using common cooking facilities and as a group bear the generic character of a family as a relatively
24 permanent household. (Santa Rosa, Calif)
25 ca
26 Any number of persons living together as a single housekeeping unit under a common housekeeping
CD
27 management plan. (Clarkdale, Ariz.) c14
28 N
29 One or more persons immediately related by blood, marriage or adoption living together as a single
30 housekeeping unit in a dwelling unit together with any domestic employees. A group of not more than six
31 unrelated persons living together as a single housekeeping unit with their domestic employees shall also be
32 considered a family. (Lake Elsinore, Calif) U-
i
33
34 Either: a One or more persons related b blood adoption, or marriage, living and cooking together as a c
O p y � p � g � g g g I
35 single nonprofit housekeeping unit, inclusive of household servants, or (b) Two to six persons living and 0
36 cooking together as a single nonprofit housekeeping unit having a continuing nontransient domestic -CL
37 character though not related by blood, adoption, or marriage. This definition shall not include any society,
38 club, coterie or organization which is not a recognized religious order nor does it include any group of �
39 individuals whose association is temporary or seasonal or similar to a resort, boarding house, motel, hotel,
40 or whose association is for an anticipated limited duration or for a determinable period such as a school term
41 or terms. (Beverly Hills, Calif.) �
42 v)
43 Household. The person or persons occupying a dwelling unit(Growing Smart Legislative Guidebook). co
44
45 A family living together in a single dwelling unit with common access to, and common use of, all living and
46 eating areas and all areas and facilities for the preparation and storage of food within the dwelling N
47 unit. (Siskiyou County, Calif)
48 E
49 A family living together in a single dwelling unit with common access to and use of all living and eating
50 areas within the dwelling unit. (Clarkdale, Ariz.)
51
52 A domestic establishment including a member or members of a family or others living under the same roof.
53 (Sandy, Ore.)
54
BOCC SR Page 15 of 19
File No.2019-098
Packet Pg. 3140
Q.1.a
I Any number of individuals living together on the premises as a single housekeeping unit, as distinguished
2 from a group occupying a boarding house, lodging house, or hotel as defined herein. (Vadnais Heights,
3 Minn.)
4
5 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THEco
_
6 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
CD
8 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
9 Monroe County 2030 Comprehensive Plan. Specifically,it furthers:
10
11 GOAL 101: Monroe Countyshall manage future growth to enhance the quality of life ensure c
g g q tY � �
12 the safety of County residents and visitors, and protect valuable natural resources. °
13
14 Objective 101.3: Monroe County shall regulate new residential development based upon the E
15 finite carrying capacity of the natural and man-made systems and the growth capacity while
16 maintaining a maximum hurricane evacuation clearance time of 24 hours. E
17
18 Policy 101.3.1: Monroe County shall maintain a Permit Allocation System for new residential a.
19 development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit E
20 Allocation System shall limit the number of permits issued for new residential dwelling units. U
21 The ROGO allocation system shall apply within the unincorporated area of the county,
22 excluding areas within the county mainland and within the Ocean Reef planned development
23 (Future development in the Ocean Reef planned development is based upon the December as
24 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the N
25 Department of Community Affairs). New residential dwelling units included in the ROGO
26 allocation system include the following: affordable housing units; market rate dwelling units;
27 mobile homes; and institutional residential units (except hospital rooms).
28
29 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a _
30 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
31 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet i
32 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or U
33 associated wet slips are not considered ROGO allocation awards, and may not be used as the
34 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption).
35
0
36 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
37 and seasonal residential units are subject to Policy 101.3.5.
38
39 Policy 101.3.5: Due to the limited number of allocations and the State's requirement that the i
co
40 County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County a)
41 shall prohibit new transient residential allocations for hotel or motel rooms, campground
42 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully
43 established transient units shall be entitled to one unit for each type of unit in existence before
44 January 4, 1996 for use as a ROGO exemption. E
45
46 Policy 301.2.3: Monroe County shall not permit new development which would significantly
47 degrade the LOS below the adopted LOS standards on U.S. 1 (overall) unless the proportionate
48 share of the impact is mitigated. The development of one single family residential unit, on a
49 single parcel, shall be considered de minimis and shall not be subject to this requirement. A
BOCC SR Page 16 of 19
File No.2019-098
Packet Pg. 3141
Q.1.a
I five percent projected decrease in travel speeds, below LOS C, is a significant degradation in
2 the level of service on U.S. 1. Traffic volume which exceeds the LOS D standard by more than
3 five percent is a significant degradation in the level of service on any other County road.
4
5 B. The amendment is consistent with the Principles for Guiding Development for the Florida -�
6 Keys Area, Section 380.0552(7), Florida Statutes. co
7
8 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
9principles for uidin development and an amendments to theprinciples, theprinciples shall be
guiding p Y 4-
10 construed as a whole and no specific provision shall be construed or applied in isolation from the other
11 provisions. oe
12 0
13 (a) Strengthening local government capabilities for managing land use and development so that local
14 government is able to achieve these objectives without continuing the area of critical state concern
15 designation.
16 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
17 beds,wetlands, fish and wildlife, and their habitat.
18 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
19 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, e%
20 and their habitat.
E
21 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic c
22 development.
23 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
24 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 0
25 and ensuring that development is compatible with the unique historic character of the Florida Keys.
26 (g) Protecting the historical heritage of the Florida Keys.
27 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
28 major public investments,including:
29
30 1. The Florida Keys Aqueduct and water supply facilities;
31 2. Sewage collection, treatment, and disposal facilities; M
32 3. Solid waste treatment, collection, and disposal facilities;
33 4. Key West Naval Air Station and other military facilities; 0
34 5. Transportation facilities;
35 6. Federal parks,wildlife refuges, and marine sanctuaries; _i
36 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; U
37 8. City electric service and the Florida Keys Electric Co-op; and
38 9. Other utilities, as appropriate. c
39
40 (1) Protecting and improving water quality by providing for the construction, operation, maintenance,
41 and replacement of stormwater management facilities; central sewage collection; treatment and
42 disposal facilities; and the installation and proper operation and maintenance of onsite sewage U)i
43 treatment and disposal systems.
44 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of a)
45 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10),
N
46 as applicable, and by directing growth to areas served by central wastewater treatment facilities
47 through permit allocation systems.
48 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
49 Keys.
50 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. <
51 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
52 natural or manmade disaster and for a postdisaster reconstruction plan.
BOCC SR Page 17 of 19
File No.2019-098
Packet Pg. 3142
Q.1.a
I (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
2 the Florida Keys as a unique Florida resource.
3 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
4 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
5
6 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute CO
CD
7 (F.S.). Specifically, the amendment furthers:
8
9 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and
10 enhance present advantages; encourage the most appropriate use of land, water, and resources,
11 consistent with the public interest; overcome present handicaps; and deal effectively with future 0e
12 problems that may result from the use and development of land within their jurisdictions. Through o
13 the process of comprehensive planning, it is intended that units of local government can preserve,
14 promote, protect, and improve the public health, safety, comfort, good order, appearance,
15 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and E
16 efficient provision of transportation, water, sewerage, schools, parks, recreational facilities,
17 housing, and other requirements and services; and conserve, develop, utilize, and protect natural E
18 resources within their jurisdictions.
19 CL
20 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal 0
21 status set out in this act and that no public or private development shall be permitted except in c
22 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
23 conformity with this act.
24
25 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
26 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal N
27 development of the area that reflects community commitments to implement the plan and its
28 elements. These principles and strategies shall guide future decisions in a consistent manner and
29 shall contain programs and activities to ensure comprehensive plans are implemented. The sections
30 of the comprehensive plan containing the principles and strategies, generally provided as goals,
31 objectives, and policies, shall describe how the local government's programs, activities, and land M
32 development regulations will be initiated, modified, or continued to implement the comprehensive U,i
33 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 0
34 regulations in the comprehensive plan but rather to require identification of those programs,
35 activities, and land development regulations that will be part of the strategy for implementing the 0
36 comprehensive plan and the principles that describe how the programs, activities, and land CL
37 development regulations will be carried out. The plan shall establish meaningful and predictable Ui
38 standards for the use and development of land and provide meaningful guidelines for the content of
39 more detailed land development and use regulations.
40
41 163.31771(2)(a), F.S. — "Accessory dwelling unit"means an ancillary or secondary living unit,that has
42 a separate kitchen,bathroom, and sleeping area, existing either within the same structure, or on the v)CO
43 same lot, as the primary dwelling unit. a)
44
45 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
46 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be
47 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
48 development of lands and waters within an area. It is the intent of this act that the adoption and E
49 enforcement by a governing body of regulations for the development of land or the adoption and
50 enforcement by a governing body of a land development code for an area shall be based on be
51 related to, and be a means of implementation for an adopted comprehensive plan as required by this
52 act.
53
BOCC SR Page 18 of 19
File No.2019-098
Packet Pg. 3143
Q.1.a
I VI. PROCESS
2
3 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
4 Planning Commission, the Director of Planning, or the owner or other person having a
5 contractual interest in property to be affected by a proposed amendment. The Director of
co
6 Planning shall review and process applications as they are received and pass them onto the
7 Development Review Committee and the Planning Commission.
8
9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
10 review the application, the reports and recommendations of the Department of Planning &
11 Environmental Resources and the Development Review Committee and the testimony given at
12 the public hearing. The Planning Commission shall submit its recommendations and findings to 2
13 the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
14 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff E
15 recommendation, and the testimony given at the public hearing. The BOCC may or may not
16 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to
17 State Land Planning Agency, which then reviews the proposal and issues an Objections,
18 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County c.
19 has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the E
20 amendment. %�
21
22 VII. STAFF RECOMMENDATION
23
24 Staff recommends approval of the proposed amendment.
25 N
26 VIII.EXHIBITS
27 _
28 1. February 15, 2017 Monroe County BOCC agenda item for the IDO
29 2. Resolution 087-2017 and March 15, 2017 Monroe County BOCC agenda item u i
30 3. Ordinance 012-2017 and July 19, 2017 Monroe County BOCC agenda item
31 4. Ordinance 018-2018 and August 15, 2018 Monroe County BOCC agenda item I
32 5. Ordinance 027-2019 and July 17, 2019 Monroe County BOCC agenda item 0
33 6. Search results of the term "family" within the Monroe County Code of Ordinances,
34 Comprehensive Plan and Land Development Code
35 7. February 19, 1998 Monroe County BOCC agenda item for the MOU with DCA
co
w
CD
CD
cv
BOCC SR Page 19 of 19
File No.2019-098
Packet Pg. 3144
aw
Q.1.b
BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent,District 2
Mayor Pro Tem David Rice,District 4
The Florida Keys Danny L.Kolhage,District 1
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 .E
TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430
10:00 A.M.
a.
AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim E
Development Ordinance to not process private applications for comprehensive plan or land U
W
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
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" 0
of a dwelling unit.
0
ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule
and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The policies and
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 2
local government capability to manage land use and development. 2
a
There has been recent discussion regarding the use of a "lock-out" (an undefined term in the
comprehensive plan or land development code but typically defined as a separate space with a
bedroom/bathroom)within a dwelling unit.
"Lock-outs" may create unintended consequences, not discussed or analyzed during the recently
adopted comprehensive plan and land development code amendments, adopted in April 2016. n
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: LU
Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code
the 2010 Comprehensive Plan included:
2010 Comprehensive Plan and Land Development Code:
Packet Pg. 3145
Q.1.b
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 M
members.
2010 Land Development Code definitions -
Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment
for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling 2
unit.
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. E
0
U
2030 Comprehensive Plan:
The newly adopted 2030 Comprehensive Plan includes the following new definitions:
Dwelling Unit means one or more rooms physically arranged for occupancy by one household 0.
sharing common living, cooking, and toilet facilities.
0
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 c
sharing a housing unit such as partners or roomers, is also counted as a household.
Family means a person living alone, or people living together as a single household and sharing
common living, cooking, and toilet facilities: v)
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;
(2)three unrelated people;
(3)two unrelated people and any children related to either of them.
N
LO
r
"2030" Land Development Code:
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
Packet Pg. 3146
Q.1.b
D�,i,%el7inZ unitme ans one or more r scrri T)Lysicallv arrange d for o coup ancNb�; one resid nt l
household sharing conunon living, cook rig, and toilet facilities.
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
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.
Ho us olalmeam all the p e ople who c c cupTv a housing unit. A household includes the related �
family merrlbers and all the unrelated p e ople,if any, such as to dgers, fo ster children,wards, car
employ e es who share the housing unit. A p erson living alone M' a housing,unit, or a eoup cCL
f
=elate d pe ople sharing a housing unit such a s p artners or ro omers, is also c;ounte d a s a 0.
household. c
U
Family means a person living alone, or people living together as a single household and sharing
common living, cooking, and toilet facilities:
(1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership
or duly-authorized custodial relationship; 0
(2) Three unrelated people; 0
(3) Two unrelated people and any children related to either of them. 0
F,imdv means a person hying alone. or people hying together as a single household and N
sharing common living,cooking,and toilet facilities:
1)Arrynumberofpeoplerelatedby blood.marriage..admtionguardianclnp domestic ¢
partnership or duly-authorized Gusto dial relationship
'i?'t Threeumelat,edpeonle: 2
(3) T-,°ounrelatedpe ople.and any c:hildrenrelat,edt,o either ofthern
Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a
residence for a household for non-transient occupancy, excluding hotel, motel, and recreational
vehicle.
?grrraownrrg wlkmeansa dwelling unit that isdesuedfor:and capahle of,serving as r
a residence for a household CV
a ^a^*^ ^ndgw°@for non-transientoccupancv,excludinghotel,motel,and recreational t
Vehicle, r
* This definition is currently included in the Land Development Code but that term only appears
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 c,
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. 3147
Q.1.b
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, partially-condominiumized marina and co
accessory development.
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.
c
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
December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the CL
0.
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 U
associated with a previous approval related to Hawk's Cay and amended the conceptual site plan.
a
March 18, 2015: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue
located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the
Oceanside Marina property increased in size. 0.
0
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
transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site
c
plan.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Oceanside summary timeline and staff_2-1-17 (MinuteTraq printer) LO
FINANCIAL IMPACT: _
X
Effective Date: LU
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Packet Pg. 3148
Q.1.b
Budgeted:
Source of Funds:
CPI:
co
Indirect Costs: "'
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount: ;W
Grant:
County Match:
Insurance Required:
Additional Details: E
REVIEWED BY: CL
Bob Shillinger Completed 02/01/2017 2:54 PM 0.
Kathy Peters Completed 02/01/2017 3:07 PM c
U
Board of County Commissioners Pending 02/15/2017 9:00 AM 0
0
0.
0
0
0
cv
LO
LU
Packet Pg. 3149
Q.1.b
Timeline of Approvals & Staff Summary of item approved
Approved by Planning Director Tim McGarry 1996: Development Order 912-96, a minor conditional use
on July 23, 1996 permit for part of the Oceanside property, 5970 Peninsular
Avenue (real estate # 00127420-000100 only) allowed for the
construction of a 9,600 SF storage building and other
associated accessory improvements.
Approved by Planning Commission on July 1997: PC Resolution # P52-97, an amendment to the major W
10, 1997 conditional use permit for part of the Oceanside property,
5950 Peninsular Avenue (real estate # 00127420-000000 only)
allowed for the construction of 22 attached, market rate
residential dwelling units; one boat storage building; an 2
addition to an existing restaurant; and other associated C
accessory improvements. E
Signed by County Mayor, Shirley Freeman, 1999: Development Agreement between the County, the E
on January 19, 2000 Florida Department of Community Affairs, Paradise Island
Park, Inc. and Key West Oceanside allowing the transfer of 22 2
market-rate TREs and TDRs from Paradise Island Park to the c'
Oceanside property (recorded on April 7,2000).
0
U
Following issuance of PC Resolution # P52-97, Oceanside 0
Investors' predecessor in interest acquired 5970 Peninsular C1
Avenue. Further, the 22 attached, market rate residential
dwelling units were constructed.
0
Signed by County Mayor McCoy on July 19, 2006: 380 Agreement between Overseas Redevelopment 0
2006 Company, LLC, Department of Community Affairs and 0.
0
Monroe County allowing the redevelopment of Overseas
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 # 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 p
Absent) property, 5950 and 5970 Peninsular Avenue (real estate # v)
00127420-000000 and 00127420-000100, as well as other
Aref Joulam is Planning Director property associated with a condominium development) U
allowed for the demolition of several buildings and
Staff report by Julianne Thomas construction of 32 attached, market-rate residential dwelling r
units; 2 boat barns; 8 wet slips; and other associated accessory CD
(Applicant is Kings Point Marina LLC) improvements. P21-07 authorized vacation rental use of the 32 to
attached dwelling units and linked the affordable housing
Transmitted to DCA on 5/11/07, DCA did not project at Overseas Trailer Park to serve as the required
appeal the item, affordable housing for this project.
PC authorizes the vacation rental use of attached units.
Resolution 402-2013 2013: Development Agreement approved for Oceanside
Investors allowing the transfer (1:1) of 46 market-rate TREs
Approved by BOCC on December 11, 2013 from three sender sites to the Oceanside property, with the
(Mayor Sylvia Murphy—unanimous transferred market-rate TRE's to be converted to, or replaced
approval) with, an equivalent amount of 99- ear deed-restricted
Page 1 of 6
Packet Pg. 3150
Q.1.b
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 dwellin units,
Townsley Schwab is Planning Director which may be used as vacation rentals, up to
a new restaurant with up to 150 seats, and other
BOCC Agenda item summary staff contact: improvements related to the existing, partially-
Joe Haberman& Christine Hurley condominiumized marina and accessory development.
PC recommended approval to BOCC via -
Resolution P29-13, approved on November
15,2013—unanimous approval oe
c
Transmitted to DPO (formerly DCA) on
1/3/14,DPO did not appeal the item.
E
Approved by Planning Commission on 2013: PC Resolution # PO4-14, an amendment to the major
February 26, 2014 conditional use permit to improve the marina's facilities,
construct 78 new market rate residential dwelling units,
Staff report by Joe Haberman construct ��� " construct a new restaurant and �-
carry out associated site improvements.
Townsley Schwab is Planning Director c
U
Transmitted to DPO (formerly DCA) on
5/1/14,DPO did not appeal the item.
Approved by Planning Director Townsley 2014: Development Order 904-14, a minor conditional use
Schwab on November 19, 2014 permit allowing the transfer of 9.3 TDR's required to facilitate 0
the project approved for the Oceanside property. The a
Staff report by Karl Bursa&Mike Roberts Development Order required the sender site(s) to be a) 0
dedicated to the County or b) placed in a conservation
Transmitted to DPO (formerly DCA) on easement prohibiting its future development. n
12/19/14,DPO did not appeal the item
Resolution 116-2014 2014: Resolution # 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
v)
Sylvia Murphy—vote: three Yes, one No, and Block 60). As a result, the Oceanside property increased in
one Abstained) size.
Staff report by Joe Haberman
r.
Townsley Schwab is Planning Director N
LO
BOCC Agenda item summary staff contact:
Joe Haberman& Christine Hurley
Memo from Susan Grimsley &Bob Shillinger
(memo addresses termination of right of way
m
on water)
Does not get sent to DPO per MOU
e(
BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale
Page 2 of 6
Packet Pg. 3151
Q.1.b
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.
Resolution 373-2014 2014: Resolution # 373-2014, is amendment to the
development agreement, adding aQcent ro erty 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
PC recommended approval to BOCC via CL
Resolution P40-14, approved on November 0'
E
19,2014—unanimous approval(Lustberg c
absent) U
W
Transmitted to DLO (formerly DCA) on
1/7/15,DLO did not appeal the item.
0
Approved by Planning Director Townsley 2014: Development Order 906-14, a minor conditional use 0
Schwab on December 12,2014 permit allowing the transfer of 24.1 TDRs required to facilitate a
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 n
Transmitted to DLO (formerly DCA) on easement prohibiting its future development. c
0
1/12/15,DLO did not appeal the item
Resolution 115-2015 2015: Resolution # 115-2015 approved for a right-of-way '
abandonment of a segment of Peninsular Avenue located
v)
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.
Staff report by Joe Haberman
LO
cv
Townsley Schwab is Planning Director
(During BOCC meeting, Mayte Sautamaria
appointed replacement Planning Director
U-
after Townsley's retirement—up to 6 mouth >�
overlap- expected to retire April 2015
BOCC Agenda item summary staff contact:
Joe Haberman& Christine Hurley
Does not get sent to DLO per MOLD
Page 3 of 6
Packet Pg. 3152
Q.1.b
Approved by Planning Commission on 2015: PC Resolution # P41-14, an amendment to the major
November 19, 2014(unanimous approval- conditional use permit to add adjacent fro erty and the
Lustberg absent) abandoned roadway, increase the
and amend the approved site plan.
Staff report by Joe Haberman
Townsley Schwab is Planning Director
Transmitted to DLO (formerly DCA) on
4/24/15,DLO did not appeal the item.
0
Approved by Planning Director Mayte 2015: Development Order 904-15 (typo previously typed 06- 0
Santamaria on May 22, 2015 15), a minor conditional use permit allowing the transfer of 5
transient TREs to the Oceanside property.
E
Staff report by Matt Coyle&Joe Haberman
m
Transmitted to DEO (formerly DCA) on
6/25/15,DEO did not appeal the item
CL
Resolution 158-2015 2015: Resolution No. 158-2015, 2,damendment to the E
development agreement, adding adjacent abandoned right-of- c
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 p
conceptual site plan.
Staff report by Matt Coyle
0
Townsley Schwab is Planning Director(Dec 0
2014 Mayte Santamaria appointed a
replacement Planning Director after 0
Towusley's retirement up to 6 mouth
overlap)
0
BOCC Agenda item summary staff contact: o
Matt Coyle & Christine Hurley
m
PC recommended approval to BOCC via
Resolution P11-15, approved on April 29,
2015—unanimous approval(Werling absent)
Transmitted to DEO (formerly DCA) on
8/12/15, DEO did not appeal the item.
LO
Approved by Planning Director Mayte 2015: Development Order 905-15, 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
m
7/27/15,DEO did not appeal the item
Approved by Planning Director Mayte 2015: Development Order 907-15, 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. 3153
Q.1.b
Staff report by Matt Coyle&Joe Haberman
Transmitted to DEO (formerly DCA) on
12/10/15,DEO did not appeal the item
co
Approved by Planning Director Mayte 2015: Development Order 909-15, a minor conditional use
Santamaria on October 22,2015 permit allowing the transfer of 0.4 TDR's 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 908-15, a minor conditional use E
Santamaria on October 22,2015 permit allowing the transfer of 1 TDR 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 c-
12/10/15,DEO did not appeal the item 0
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 p
market rate residential dwelling unit.
Staff report by Matt Coyle
0
Does not get sent to DEO per MOU 0
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
the resort swimming pool on the northernmost parcel (RE # y
Staff report by Matt Coyle 00126210-000000), relocation of the watersports, fitness and c
restroom building and the reconfiguration of the off-street o
Does not get sent to DEO per MOU parking for the site.
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 et
the gatehouse building and the repositioning of the proposed
U
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
expansion of the fish cleaning station, and other changes to �
open s ace for the site (File#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
connection with operation of hotel, motel, motor court or
Staff report by Kevin Bond condominium; sale by the drink for consumption on premises
and package sales in sealed containers E
Mayte Santamaria is Planning Director
Does not get sent to DEO per MOU
Page 5 of 6
Packet Pg. 3154
Q.1.b
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 CO
Does not get sent to DEC)per MOLD approved Development Agreement (the original agreement
approved on December 11, 2013 via BOCC Resolution No.
402-2013; the first amendment to the agreement approved on
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). 0e
CL
0.
0
U
0
0.
0
0
0
r.
cv
LO
Page 6 of 6
Packet Pg. 3155
0
0
MONROE COUNTY, FLORIDA E
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 c
PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE
APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS
THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN
OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT
AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND
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 2
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.
LO
WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 2
February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary
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
co
WHEREAS, Monroe County policies and regulations adopted in the Monroe County CD
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, the Monroe County BOCC has identified and discusses concerns with the N
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of"lock-out;" and
Page 1 of 3
Packet Pg. 3156
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
c
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code E
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 0.
applications will be processed for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits, (excluding applications proposing only affordable housing dwelling units) with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit and applications utilizing the term "lock-out," commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock-out,"
providing for expiration within 365 days of the effective date of an interim development ordinance or
when the comprehensive plan and land development code amendments become effective, whichever
comes first. 2
0
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY: P
Staff of the Monroe County Planning and Environmental Resources Department shall process
an interim development ordinance to defer approval of new applications or received
application that have not been fully approved, commencing March 15, 2017, for
comprehensive plan or land development code amendments, development agreements
(including 380 development agreements), and minor and major conditional use permits
(excluding applications proposing only affordable housing dwelling units); with proposed
LO
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
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.
CD
co
0
LU
Page 2 of 3
Packet Pg. 3157
Q.1.c
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
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
CL
BOARD OF COUNTY COMMISSIONERS 0.
OF MONROE COUNTY, F`L^ORIDA
06d� 0
� r BY
Mayor George Neugent
0
'{ A
t /J
O®
=•Z-jUNry h
ATT VIN MADOK, CLERK
DEPUTY CLERK
2
MONROE COUNTY TTORNEY
OVED AS ORNI:
STEVE T. WILLIAMS
ASSISTANT�0yr Ty ATTORNEY
Date y�4�//7
LO
N N
CJl �
LU
N
U
Page 3 of 3
Packet Pg. 3158
aw
BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent,District 2
Mayor Pro Tem David Rice,District 4
The Florida Keys Danny L.Kolhage,District 1 W
� Heather Carruthers,District 3
Sylvia J.Murphy,District 5 0
County Commission Meeting
March 15, 2017
Agenda Item Number: H.7
Agenda Item Summary #2727
0
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305) 289-2500
n/a
0
AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of
Monroe County, Florida, directing the Monroe County Planning and Environmental Resources
Department to process an ordinance to defer the approval of new private applications for Ch
comprehensive plan or land development code amendments, development agreements (including 2
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 2
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 v)
dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for <C
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 0
first.
LO
cv
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,
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
possibly amend the comprehensive plan and land development code regarding the definitions of
co
dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit.
c
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
(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
Packet Pg. 3159
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
E
become effective, whichever comes first.
The resolution would take effect immediately upon adoption.
PREVIOUS RELEVANT BOCC ACTION:
0
On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim U
Development Ordinance to not process comprehensive plan or land development code amendments
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
dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit.
0
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval 2
DOCUMENTATION:
Resolution directing an IDO (Carruthers discussion item)
Carruthers-Discussion item on IDO 2-15-17
FINANCIAL IMPACT:
LO
Effective Date: 2
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: N
Current Year Portion:
co
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
cv
Revenue Producing: If yes, amount:
Grant:
County Match:
Packet Pg. 3160
Insurance Required:
0
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 02/28/2017 9:20 AM
Assistant County Administrator Christine Hurley Completed
02/28/2017 9:38 AM 0.
Steve Williams Completed 02/28/2017 2:55 PM E
Jaclyn Carnago Completed 02/28/2017 3:01 PM U
W
Budget and Finance Skipped 02/27/2017 2:34 PM
Maria Slavik Skipped 02/27/2017 2:34 PM
Kathy Peters Completed 02/28/2017 5:21 PM
Board of County Commissioners Pending 03/15/2017 9:00 AM
c
0
0
2
cv
LO
cv
CO
CD
c
cv
Packet Pg. 3161
Q.1.c
W
MONROE COUNTY, FLORIDA E
RESOLUTION NO. -2017
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO
PROCESS AN ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE 0
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 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.
N
WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on
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
N
WHEREAS, Monroe County policies and regulations adopted in the Monroe County [o-
co
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
0
WHEREAS, the Monroe County BOCC has identified and discusses concerns with the
existing definitions in the County Comprehensive Plan and Land Development Code, including
discussion of the undefined term of"lock-out;" and ..
Pagel of 3
Packet Pg. 3162
Q.1.c
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 W
needed to specifically address "lock-outs;" and
WHEREAS, an ordinance addressing the interim time period between the current adopted
comprehensive plan and land development code and the adoption of any new amendment(s) [new
definitions and/or other code requirements] is necessary to ensure that any new definitions and code
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
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,
development agreements (including 380 development agreements), and minor and major conditional
use permits, (excluding applications proposing only affordable housing dwelling units) with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
them" of a dwelling unit and applications utilizing the term "lock-out," commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code
regarding the definitions of dwelling unit; household; family and the undefined term "lock-out,"
providing for expiration within 365 days of the effective date of an interim development ordinance or
when the comprehensive plan and land development code amendments become effective, whichever
comes first.
0
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Staff of the Monroe County Planning and Environmental Resources Department shall process an _
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 ca
use permits (excluding applications proposing only affordable housing dwelling units); with proposed
CD
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
LO
them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing March 15, 2017,
until the BOCC can review and possibly amend the comprehensive plan and land development code 2
regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of 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.
co
CD
c
N
Page 2 of 3
Packet Pg. 3163
Q.1.c
m
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 15t'day of March 2017.
Mayor George Neugent
Mayor Pro Tem David Rice
Commissioner Danny L. Kolhage
Commissioner Heather Carruthers E
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor George Neugent
0
(SEAL)
0
Ch
ATTEST: KEVIN MADOK, CLERK
0
DEPUTY CLERK MONROE COUNTY ATTORNEY
AP E +t8 TO F 2
5'•.1E T. WI,UAIMAS
ASSISTANT Uj-UNfY TT RNEY
Date
ca
r.
cv
a3
r.
cv
co
r.
c
0
cv
Page 3 of 3
Packet Pg. 3164
m
MONROE COUNTY, FLORIDA
ORDINANCE 012 -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS
OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY
APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT
CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380
DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR
CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING
ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED
OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED
PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A W
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 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
OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT
CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES
FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
N
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
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 N
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
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
2017-053 Page 1 of 3
Packet Pg. 3165
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
co
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 W
discussion of the undefined term of"lock-out;" and
WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are.silent 2
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
0.
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
WHEREAS, staff has been directed to process an interim development ordinance to impose a °3
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 b "three unrelated people" or "two unrelated people and an children
P p p Y Y p P p p Y o
related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;"
commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan
and land development code regarding the definitions of dwelling unit; household; family and the
undefined term "lock-out," providing for expiration within 365 days of the effective date of an interim ca
development ordinance or when the comprehensive plan and land development code amendments
become effective, whichever comes first;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new applications or received application that have not been fully approved,
commencing March 15, 2017, for comprehensive plan or land development code amendments,
development agreements (including 380 development agreements), and minor and major conditional
use permits (excluding applications proposing only affordable housing dwelling units); with proposed
occupancy by "three unrelated people" or "two unrelated people and any children related to either of
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 Lu
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.
2017-053 Page 2 of 3
Packet Pg. 3166
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
co
imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance.
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 W
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 le
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 "land
development regulation" as State law defines that term. This ordinance shall be filed in the Office of
the Secretary of State of Florida, but shall not become effective until a notice is issued by the State 0.
Land Planning Agency or Administration Commission finding the amendment in compliance, and if
challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of July , 2017.
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Cz 0o Commissioner Danny L. Kolhage Yes
vLn
Commissioner Heather Carruthers Yes
Uj Commissioner Sylvia Murphy Yes
Lr UZ
oc)c) BOARD OF COUNTY COMMISSIONERS
oCD
�a OF MONROE COUNTY, FLORIDA
o
BY
r.� Mayor George Neugent
SEAL) `` +� N
} MON OE COUNTY A RNEY
A l TEST =) SIN MADOK, CLERK A v T M.
AS818'1 NT CO NTY ATTORNEY
DEPUTY CLERK Date—I" G12-7I17
X
2017-053 Page 3 of 3
Packet Pg. 3167
aw
BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent,District 2
Mayor Pro Tem David Rice,District 4
The Florida Keys Danny L.Kolhage,District 1
Heather Carruthers,District 3
00
Sylvia J.Murphy,District 5 M
County Commission Meeting
July 19, 2017
Agenda Item Number: 0.6
Agenda Item Summary #3144
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305) 289-2500 CL
3:00 PM 0
0
U
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
fully approved for comprehensive plan or land development code amendments, development
agreements (including 380 development agreements), and minor and major conditional use permits
(excluding applications proposing only affordable housing dwelling units), with proposed occupancy
by "three unrelated people" or "two unrelated people and any children related to either of them" of a
dwelling unit, and applications utilizing the term "lock-out," commencing 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
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
State Land Planning Agency and the Secretary of State; providing for an effective date.
N
ITEM BACKGROUND:
On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan
and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
Plan.
Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive N
Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4,
2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was
complete and issued a notice of intent to find the amendment"in compliance" on June 20, 2016. The
Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of
Intent on the DEO Website on June 20, 2016.
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 E
Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final
Packet Pg. 3168
Q.1.d
Order would have become effective 21 days after publication in the Florida Administrative Register -�
unless a petition was timely filed. The Land Development Code would have become effective on M
August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the
DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- o
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.
0
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
M
The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in
Key West, Florida, directed staff to impose a temporary moratorium upon certain development a.
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.
a
The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular o
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
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 v)
any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-
out."
PREVIOUS RELEVANT BOCC ACTION:
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"
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 Board of County Commissioners adopted Resolution 087-2017, on March 15, 2017, directing
staff to process an ordinance to impose a temporary moratorium deferring the approval of new
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."
CONTRACT/AGREEMENT CHANGES:
n/a
Packet Pg. 3169
Q.1.d
STAFF RECOMMENDATION: Approval
co
CD
DOCUMENTATION:
CD
dwelling unit- IDO - ORDINANCE
W
dwelling unit-IDO staff report BOCC
Definitions IDO BOCC Agenda Item- IDO 3-15-17
Resolution 087-2017_dwelling units o
FINANCIAL IMPACT:
Effective Date: E
Expiration Date:
CL
0.
Total Dollar Value of Contract:
Total Cost to County: U
Current Year Portion: W
Budgeted:
Source of Funds: °3
CPI:
c
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount: 0
Grant: v)
County Match:
Insurance Required:
Additional Details:
N
REVIEWED BY:
Mayte Santamaria Completed 06/26/2017 3:31 PM
Christine Hurley Completed 06/26/2017 4:53 PM
Steve Williams Completed 06/27/2017 8:42 AM
Jaclyn Carnago Completed 06/27/2017 11:42 AM
Budget and Finance Skipped 06/26/2017 3:31 PM
Maria Slavik Skipped 06/26/2017 3:31 PM
Mayte Santamaria Completed 06/27/2017 4:49 PM
Kathy Peters Completed 06/28/2017 12:17 PM
Board of County Commissioners Pending 07/19/2017 9:00 AM
Packet Pg. 3170
t �
12 -i Ivi
.�. f
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT m
0
To: Monroe County Planning Commission
From: Mayte Santamaria, Senior Director of Planning & Environmental Resources
Date: June 26, 2017
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, U
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 0
COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING U)
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; PROVIDING FOR SEVERABILITY; PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: July 19, 2017
cv
cv
I. REQUEST
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 M
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 W
"two unrelated people and any children related to either of them" of a dwelling unit, and
applications utilizing the term "lock-out."
1 of 3
File 42017-053
Packet Pg. 3171
Q.1.d
II. BACKGROUND INFORMATION
On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 'co
o
and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive 9
Plan.
m
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 o
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.
m
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
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 U
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 DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance
amending Section 130-165 to resolve the Petition challenging the DEO issued Final Order,
satisfying a stipulated settlement agreement and allowing the Monroe County Land Development
Code to become effective. The County's updated land development code became effective on
February 3, 2017.
0
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 U
April 2016. Neither document includes a definition of"lock-out."
The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017
in Key West, Florida, directed staff to impose a temporary moratorium upon certain development
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 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 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 April 26, 2017, the subject file was reviewed by the Development Review Committee.
On May 31, 2017, the subject file was reviewed by the Planning Commission.
2of3
File 42017-053
Packet Pg. 3172
Q.1.d
III. STAFF RECOMMENDATION
Staff recommends approval of the proposed interim development ordinance. co
M
CD
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 a�
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. o
IV. EXHIBITS
1. BOCC Agenda item
CL
0.
0
U
c
0
ca
N
N
T-
U
3of3
File 42017-053
Packet Pg. 3173
0
0
z
3 MONROE COUNTY,FLORIDA
4 ORDINANCE NO. 018 -2018 CL
5 0
6
7 AN ORDINANCE .BY THE MONROE COUNTY BOARD OF COUNTY
8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
9 AS INITIALLY ESTABLISHED ON JULY 19,2017 THIROUGH ORDINANCE 012- x
10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW y ''
11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN rl
12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND
13 DEVELOPMENT CODE AMENDMENTS, .DEVELOPMENT AGREEMENTS
14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
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 _
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 ca
co
22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING CD
CD
N
23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" LO
24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS Ch
25 OF TEEEFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 0
26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST;
28 PROVIDING TOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO Tco
_
CD
29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
co
30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018-.090) CD
31
32
33 9
34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087-
35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
36 ordinance to impose a temporary moratorium deferring the approval of new applications or received
37 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan
38 or land development code amendments, development agreements (including 380 development 0
0
File 2018-090 Page 1 of 4
Packet Pg. 3174
Q.1.e
I agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two Ie
3 unrelated people and any children related to either of them" of a dwelling unit, and applications
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
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 0.
10 to pending legislation; and e
11 U
12 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 191h
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
21 development; and
22
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 ca
co
26 T.
CD
27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on
LO
28 use of "lock-outs" and this use was not discussed during the update process and further edits are needed y
29 to specifically address "lock-outs;" and
30
31 WHEREAS, an ordinance addressing the interim time period between the current adopted
32 comprehensive plan and land development code and the adoption of any new amendment(s) [new co
CD
33 definitions and/or other code requirements] is necessary to ensure that any new definitions and code
co
34 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of T_
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
39 applications or received application that have not been fiilly approved, commencing October 27,2018,
40 for comprehensive plan or land development code amendments, development agreements (including
41 380 development agreements), and minor and major conditional use permits (excluding applications
42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated
File 2018-090 Page 2 of 4
Packet Pg. 3175
1 people" or "two unrelated people and any children related to either of them" of a dwelling unit,
2 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings,
3 and prepare and adopt an amendment or amendments to the Land Development Code and the
4 Comprehensive Plan; and
5
6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC)
7 reviewed the proposed interim development ordinance; and
8
9 WHEREAS,at a regularly scheduled meeting held on July 25,2018,the Monroe County Planning
10 Commission held a public hearing for the purpose of considering the proposed interim development
11 ordinance and provided for public comment; and
12
13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-18
14 recommending approval of the proposed interim development ordinance; and
15
i
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
20 OF MONROE COUNTY:
21
22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. c
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 ca
co
26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code T_
27 amendments, development agreements (including 380 development agreements), and minor and major LO
28 conditional use permits (excluding applications proposing only affordable housing dwelling units); with y
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
co
32 code regarding the definitions of dwelling unit;household; family and the undefined term "lock-out" of a T_
33 dwelling unit; providing for expiration within 365 days of the effective date of an interim developmentco
n'
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
37 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption
38 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this
39 Ordinance extend beyond 365 days from the effective date of this ordinance.
40
File 2018-090 Page 3 of 4
Packet Pg. 3176
. Q.1.e
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 E
7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
8 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 °3
18 Danny L. Kolhage, District 1 Yes 3
19 George Neugent, District 2 Yes . '
20 Heather Carruthers, District 3 Yes Cm
21
22 _; c
23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIOD S
24 OF MONROE COUNTY, FLORIDA
25 --� �► U
26 By: co
27� �;� ,y�W.
Mayor Dav ice
2 ) _ mLO
MONRO1COUNTY f a Y
APIP
ASSlS i'Aull'CO N I'7'A ORNEY CD
CD
Onto_— 73d/(
co
-
CD
File 2018-090 Page 4 of 4
Packet Pg. 3177
Q.1.e
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe , �r�l Mayor David Rice,District 4
Mayor Pro Tem Sylvia J.Murphy,District 5
The Florida Keys d' 1 Danny L.Kolhage,District I ;W
�m George Neugent,District 2 �
Heather Carruthers,District 3 0e
County Commission Meeting
August 15, 2018
Agenda Item Number: R.4 E
Agenda Item Summary #4251
0
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
c
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: An ordinance by the Monroe County Board of Countyo
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
unit; household; familyand the undefined term "lock-out" of a dwelling unit providing for
g � P g �
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; providing for severability; providing for transmittal to the State Land Planning Agency and the c
Secretary of State;providing for an effective date. �t
t�
ITEM BACKGROUND: ca
The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular co
CD
meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to N
LO
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 co
CD
utilizing the term "lock-out."
co
T_
CD
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
on October 27, 2018, if the relevant Comprehensive Plan and Land Development Code amendments
are not adopted and effective before that date.
�r
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�
Packet Pg. 3178
Q.1.e
of hurricane impact related building permits and development orders, an extension to the interim
development order is appropriate. oe
c
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
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 0
pending legislation.
c
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 developmento
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."
The BOCC adopted interim development Ordinance 012-2017 on July 19, 2017.
CONTRACT/AGREEMENT CHANGES: c
n/a
STAFF RECOMMENDATION: Approval ca
co
T_
CD
DOCUMENTATION: LO
2018-090_Staff Report
EX.1.Ord-012-2017
Ex.2 Reso P.20-18
Stamped_Ordinance
co
T_
CD
FINANCIAL IMPACT:
co
T_
CD
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
Packet Pg. 3179
Q.1.e
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount: E
Grant:
County Match: E
Insurance Required:
CL
Additional Details: 0.
0
c
REVIEWED BY:
Emily Schemper Completed 07/27/2018 10:38 AM
Steve Williams Completed 07/27/2018 3:16 PM
Jaclyn Carnago Completed 07/30/2018 11:28 AM
Assistant County Administrator Christine Hurley Completed o
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
Kathy Peters Completed 07/31/2018 8:24 AM
Board of County Commissioners Pending 08/15/2018 9:00 AM
0
co
ca
-
CD
LO
co
-
co
CD
T-
CD
Packet Pg. 3180
f Q.1.e
fa.
0
U
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
CL
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental 0.
Resources 0
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
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 u
APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE
AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380
DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE 0
PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE D)
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 ca
co
UTILIZING THE TERM"LOCK-OUT," COMMENCING OCTOBER 27, 2018, UNTIL T_
CD
THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN �
AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF
DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-
OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR
WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING co
FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
co
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN CD
EFFECTIVE DATE. (File 2018-090)
Meeting: August 15, 2018
I. REQUEST
The Monroe County Planning&Environmental Resources is proposing an extension to the interim E
development ordinance (IDO) to defer the approval of new applications or received applications
File No. 2018-090 Page 1 of 3
Packet Pg. 3181
Q.1.e
that have not been fully approved, commencing October 27, 2018, for comprehensive plan or land
development code amendments, development agreements (including 380 development
agreements), and minor and major conditional use permits (excluding applications proposing
only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or
"two unrelated people and any children related to either of them" of a dwelling unit, and
applications utilizing the term "lock-out."
E
On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. Staff is seeking
an extension to the IDO. E
II. BACKGROUND INFORMATION CL
0.
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. .�,
Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030
Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity
(DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment ®�
transmittal was complete and issued a notice of intent to find the amendment "in compliance" on
June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the
posting of the Notice of Intent on the DEO Website on June 20, 2016.
0
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, 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 v)
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 ca
DEO Final Order. On November 22,2016,the BOCC adopted an ordinance amending Section 130- co
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
April 2016. Neither document includes a definition of"lock-out." T_
N
co
The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 T_
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.
er
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 a
impose a temporary moratorium deferring the approval of new applications or received application E
File No. 2018-090 Page 2 of 3
Packet Pg. 3182
Q.1.e
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 2
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 c
U
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 ®i
the proposed interim development Ordinance and provided for public comment.
Planning Commission
0
At a regular meeting held on July 25, 2018,the Monroe County Planning Commission reviewed the
proposed interim development Ordinance and recommended approval through Resolution P20-18.
0
III. STAFF RECOMMENDATION
Staff recommends approval of the proposed extension to the interim development ordinance.
ca
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 LO
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, as
including the provision of public participation in the planning process. C
Staff is working on BOCC directed amendments related to the development of dwelling units co
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 co
T_
development order is appropriate.
IV. EXHIBITS
1. Ordinance 012-2017 >�
LU
2. Planning Commission Resolution P20-18
File No. 2018-090 Page 3 of 3
Packet Pg. 3183
Q.1.f
m
0
1 0
2
3 m
4
5 m
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CL
8 ORDINANCE NO.027--2019 0.
9 0
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
13 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012- x
14 2017, AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN
15 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW N,
16 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN _
17 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND 0
is DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS
19 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND
20 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS
21 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH
22 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO 0
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 C44
28 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT"
29 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS
30 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE
31 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
32 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; N
33 PROVIDING FOR SEVERABILITY; 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 LO
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 o
42 application that have not been fully approved, commencing March 15. 2017, for comprehensive plan
43 or land development code amendments, development agreements (including 380 development
Ord. 027 -2019 Page 1 of 4
File 2019-081
Packet Pg. 3184
Q.1.f
0
1 agreements), and minor and major conditional use permits (excluding applications proposing only
2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two
3 unrelated people and any children related to either of them" of a dwelling unit, and applications 03
4 utilizing the term Iock-out;" and
5 �
6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
7 February 5,2017 in Key West,Florida,passed a motion to direct staff to impose a temporary moratorium
CL
8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated 0.
9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due
10 to pending legislation; and
11 -
12 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 19`h
13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium
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 281h 12
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
21 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term
22 "loch-out," due to pending legislation; and
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 ca
26 date; and
27 `V
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
31 development; and
32 cv
33 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing
34 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the
35 undefined term of Iock-out;" and
'36
37 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on
LO
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($) [new
Ord. 027 -2019 Page 2 of 4
File 2019-081
Packet Pg. 3185
Q.1.f
0
le
1 definitions and/or other code requirements) is necessary to ensure that any new definitions and code
2. requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
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
0.
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
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, .2
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 X
14 Comprehensive Plan; and
15 C44i
16 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC) _
17 reviewed the proposed interim development ordinance; and
18
c
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
21 development ordinance and provided for public comment; and
22 c
23 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 5-19
24 recommending approval of the proposed interim development ordinance; and
25 ca
26 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens
27 of Monroe County.
28 r-
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
30 OF MONROE COUNTY:
31 ,
32 SECTION X: Recitals. The above recitals are true and are hereby adopted and confirmed.
33
34 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental
35 Resource Department shall defer the approval of new applications or received applications that have not
36 been fully approved, commencing October 27, 2019, for comprehensive plan or land development code
37 amendments, development agreements (including 380 development agreements), and mirror and major
LO
38 conditional use permits (excluding applications proposing only affordable housing dwelling units); with
LU
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 W
41 27, 2019, until the BOCC can review and possibly amend the comprehensive plan and land development c
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. 3186
Q.1.f
0
1 dwelling unit; providing for expiration within 365 days of the effective date of an interim development
2 ordinance or when the comprehensive plan and land development code amendments become effective,
3 whichever comes first.
a SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless E
M
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
7 Ordinance extend beyond 365 days from the effective date of this ordinance. 0.
0
U
8
9 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or .2
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.
N
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
17 SECTION 6: FilinLy of Ordinance and Effective Date. This Ordinance shall take effect upon
c
18 filing with the Florida Department of State.
19
20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
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 R Yes
26 Commissioner Michelle Coldiron Yes
27 Commissioner David Rice CM
28 J ram-' L r=
29 BOARD OF CO TY COMMISSION
30 E OF MONROE UN ORID r*..% -n
31 t �O
32 t�� BY -- ' _ rrn
33 MAY R S &VIA MURPHY o
34 (SE
35
36 A T: I VIN MA OK, CLERK NONROE Cot NWr Mir
37 - AP AS �n
38 DEPUTY CLERK '4 3 W
Dab
I �
Ord. 027_-20 l9 Page 4 of 4
File 2019-081 Packet Pg. 3187
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe , �r�i
�r � s�� Mayor Sylvia Murphy,District 5
���4�r _� Mayor Pro Tem Danny Kolhage,District 1
The Florida Keys 1� d'�q] Michelle Coldiron,District 2
.psyxrj 4m. W.
Heather Carruthers,District 3 ¢,
David Rice,District 4
0
County Commission Meeting
July 17, 2019 E
Agenda Item Number: P.5
Agenda Item Summary #5721
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 y
1:30 P.M. PUBLIC HEARING
x
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the N
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 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
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.
c,
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
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."
N
On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. On August 18,
2018, the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for
an additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is
seeking an extension to the IDO.
LO
The Planning Commission considered the proposed amendment at a regular meeting on June 26,
2019 and received public input.
E
Packet Pg. 3188
Q.1.f
PREVIOUS RELEVANT BOCC ACTION:
At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development o
Ordinance 012-2017 implementing the moratorium described above.
a�
On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the
moratorium described above.
E
M
Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant r-
Comprehensive Plan and Land Development Code amendments are not adopted and effective before 0.
that date. E
0
CONTRACT/AGREEMENT CHANGES:
n/a
x
STAFF RECOMMENDATION: Approval
cv
i
DOCUMENTATION:
2019-081 BOCC SR 07.17.19
EX.1.Ord-012-2017
Ordinance 018-2018 u
2019-081_Ordinance_DRAFT
FINANCIAL IMPACT:
Effective Date: t�
Expiration Date: 0
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
cv
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: LO
LU
Additional Details:
Packet Pg. 3189
Q.1.f
REVIEWED BY: W
Cheryl Cioffari Completed 06/23/2019 3:57 PM 0
Steve Williams Completed 06/24/2019 1:43 PM o
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
Kathy Peters Completed 06/25/2019 11:37 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM 0.
E
0
x
cv
i
c
0
cv
cv
cv
LO
U
Packet Pg. 3190
f Q.1.f
ft.
4 ,
5
6 MEMORANDUM
7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
8
9
10
11
12 To: Monroe County Board of County Commissioners
13 CL
14 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources 0.
0
15 cJ
16 Date: June 21, 2019
17 N
18 Subject: An ordinance by the Monroe County Board of County Commissioners extending an interim 2
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 ®�
22 for Comprehensive Plan or Land Development Code amendments, Development 9
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 u
26 children related to either of them" of a dwelling unit, and applications utilizing the term
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; v)
30 providing for expiration within 365 days of the effective date of this Interim Development
31 Ordinance or when the Comprehensive Plan and Land Development Code amendments
32 become effective, whichever comes first(File 2019-081)
33
34 Meeting: July 17, 2019
35
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
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
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 9
44 onlyaffordable housing dwelling units); with proposed occupancy b three unrelated people" or
g g )� p p p y y p p
45 "two unrelated people and any children related to either of them" of a dwelling unit, and applications LO
46 utilizing the term "lock-out."
47 N
48 On July 19,2017,the BOCC adopted interim development Ordinance 012-2017. On August 18,2018, E
SR BOCC 07.17.19 Page 1 of 4
File 4 2019-081
Packet Pg. 3191
Q.1.f
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 oe
5 II. BACKGROUND INFORMATION
6
7 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan E
8 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive
9 Plan. E
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
13 (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment c
14 transmittal was complete and issued a notice of intent to find the amendment "in compliance" on
W
15 June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the
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.
19 This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, C44i
20 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative
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 2
24 August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the 0)
25 DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130-
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. U)
29 U
30 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land U
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."
N
33 r�
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.
39 r�
40 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular
41 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to
42 impose a temporary moratorium deferring the approval of new applications or received application
43 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land
44 development code amendments, development agreements (including 380 development LO
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."
SR BOCC 07.17.19 Page 2 of 4
File 4 2019-081
Packet Pg. 3192
Q.1.f
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. 0e
5
0
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 0
8 in Marathon to provide for public input. There were no members of the public in attendance.
9 m
10 Development Review Committee and Public Input
11 The Development Review Committee considered the proposed amendment at a regular meeting on 2
12 May 28, 2019 and received public input. 0.
13 E
0
14 Planning Commission and Public Input U
15 The Planning Commission considered the proposed amendment at a regular meeting on June 26,2019
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. ®�
21
22 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the
23 moratorium described above.
24 0
25 Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant
26 Comprehensive Plan and Land Development Code amendments are not adopted and effective before 0
27 that date. 0
28 v)
29 III. STAFF RECOMMENDATION
30
31 Staff recommends approval of the proposed extension to the interim development ordinance.
32 c,
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 >,
75
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.
38 c,
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
41 of hurricane impact related building permits and development orders, an extension to the interim
42 development order is appropriate.
43
44 0
45 IV. EXHIBITS "'
46
47 1. Ordinance 012-2017
48 2. Ordinance 018-2018 E
SR BOCC 07.17.19 Page 3 of 4
File 4 2019-081
Packet Pg. 3193
Q.1.f
1 3. Draft Ordinance
a�
0
CL
0
0
0.
0
0
0
0
cv
i
0
0
0
cv
cv
cv
0
LO
0
u
SR BOCC 07.17.19 Page 4 of 4
File 4 2019-081
Packet Pg. 3194
Q.1.g
Exhibit 6
Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code
unicode 55 results
Seca 1 14-15. - Accommodation for Mass `rra.nsit.
I. Land Development Code
2. Chapter 114-DEVELOPMENT STANDARDS
3. ARTICLE I.-IN GENERAL
air
M
CD
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
m
Seca 13 -4 . - Purpose of the Suburban Residential District (SR). W
0
1. Land Development Code
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
Seca 1 14-14a - Recycling and Solid waste Collection Areas.
CL
1. Land Development Code 0.
2. Chapter 114-DEVELOPMENT STANDARDS U
3. ARTICLE I.-IN GENERAL �--
Any nonresidential,mixed use or multi-family residential development shall make adequate provision for a recycling collection
area in accordance with the following standards:
U_
Seca 1 -1 Oa - Big fine Key Area. of Critical. County Concern.
1. Land Development Code
2. Chapter 106-AREAS OF CRITICAL COUNTY CONCERN 0
N
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
Seca 1 14-1 9. - Nonconforming i..,andsca. in .
1. Land Development Code
2. Chapter 114-DEVELOPMENT STANDARDS
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
e(
Seca 13 -S4. - Purpose 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. 3195
Q.1.g
Exhibit 6
Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code
Seca 1 S9- . - Affordable Housing Incentive rograr s.
I. 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
Seca 1 -1 Sa - Affordable and Employee Housing Fair Share Impact ee `crust Fund.
1. Land Development Code
2. Chapter 126-IMPACT FEES
0
Parks and Recreation Districts, except for accessory uses,home occupations and single-family,mobile home, and duplex
dwellings.
m
Seca 131- . - Maximum Height.
1. Land Development Code
2. Chapter 131-BULK REGULATIONS
CL
C.
For NEW single family (detached dwelling unit)and multi-family (attached dwelling unit)buildings which are voluntarily
elevated c
U
Seca 1 -1 a - Variances Granted by the Planning Commission.
fission.
1. Land Development Code
2. Chapter 102-ADMINISTRATION E
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) c
N
Seca 1 -41. - Access driveways.
1. Code of Ordinances
2. Chapter 19-ROADS AND BRIDGES
3. ARTICLE II.-PUBLIC RIGHT-OF-WAY USE PERMIT
A request to install a single-family residential driveway access shall be submitted indicating the street address,lot
Seca 1 14- . - Installation Of Utilities and Driveways. E
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
Seca 1 14-45. - Energy Conservation Standards.
1. Land Development Code
Page 2 of 11
Packet Pg. 3196
Q.1.g
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 101.10
I. Comprehensive Plan
2. 3.0-GOALS,OBJECTIVES AND POLICIES air
3. 3.1 -FUTURE LAND USE
4. GOAL 101 �+
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
c
Seca 1 14- a - Adequate Facilities and Review Procedures.
I. 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
Seca -1 9. - Duties Of the COurity attorney. 0.
0
1. Code of Ordinances U
2. Chapter 2-ADMINISTRATION
3. ARTICLE III.-OFFICERS AND EMPLOYEES
4. DIVISION 5.-COUNTY ATTORNEY
e(
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
Seca - . - Exemptions.
N
1. Code of Ordinances
2. Chapter 6-BUILDINGS AND CONSTRUCTION
3. ARTICLE III.-CONSTRUCTION INDUSTRY
4. DIVISION 1.-GENERALLY
supervision themselves,when building or improving farnn outbuildings or one-family or two-family residences on such property
for the occupancy or use of such owners
w
Seca 1 -5a - Variances t0 the Floodplain Mariagernerit Requirements.
I. Land Development Code
2. Chapter 122-FLOODPLAIN MANAGEMENT
The physical disabilities or handicaps and health of the applicant or members of his family; b.
Objective 301.2
1. Comprehensive Plan
2. 3.0-GOALS,OBJECTIVES AND POLICIES
3. 3.3-TRAFFIC CIRCULATION
4. GOAL 301
Page 3 of 11
Packet Pg. 3197
Q.1.g
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
Seca 14- . - Unlawful practices.
1. Code of Ordinances
2. Chapter 14-HUMAN RELATIONS
3. ARTICLE III.-HOUSING DISCRIMINATION
4. DIVISION 1.-GENERALLY00
M
national origin ancestry,sexual orientation,gender identity or expression, familial status or age;
CD
Seca 1 14-Sa - Surface Water Management Criteria.. W
1. Land Development Code 0
2. Chapter 114-DEVELOPMENT STANDARDS
3. ARTICLE I.-IN GENERAL
(OFW)are subject to additional requirements for mitigation of pollutant loads. Single-family and duplex residences are required .E
to observe best management practices (BMP's) as
E
Seca 14-4 2. - Seale—Credit.
CL
1. Code of Ordinances 0.
2. Chapter 14-HUMAN RELATIONS E
3. ARTICLE II.-DISCRIMINATION U
disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age. (Code 1979, § 13-
103(f);
e(
Seca 14- 4a - Declaration Of policy. E
1. Code of Ordinances
2. Chapter 14-HUMAN RELATIONS
3. ARTICLE III.-HOUSING DISCRIMINATION N
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.
Seca -1 . - Permits required.
1. Code of Ordinances
2. Chapter 6-BUILDINGS AND CONSTRUCTION
3. ARTICLE II.-BUILDING CODE
4. DIVISION 3.-PERMITS,INSPECTIONS AND CERTIFICATES OF OCCUPANCY
5. Subdivision II.-Permits
Exterior and interior painting of single- and two-family residential buildings.
Seca 14-43a - Seale—Public accommodations.
1. Code of Ordinances
2. Chapter 14-HUMAN RELATIONS
3. ARTICLE II.-DISCRIMINATION
Page 4 of 11
Packet Pg. 3198
Q.1.g
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 101.7
1. Comprehensive Plan
2. 3.0-GOALS,OBJECTIVES AND POLICIES
3. 3.1 -FUTURE LAND USE
4. GOAL 101
r9
buildable immediately prior to the effective date of the Plan,no less than a single-family residence. A
Objective 101.9
1. Comprehensive Plan 0
2. 3.0-GOALS,OBJECTIVES AND POLICIES
3. 3.1 -FUTURE LAND USE -
4. GOAL 101
County Code. Substantial improvement or reconstruction of nonconfon-ning single-family homes shall comply with the setback C
provisions of the Monroe County Land Development E
Objective 101.1
CL
0.
1. Comprehensive Plan
2. 3.0-GOALS,OBJECTIVES AND POLICIES
CJ
3. 3.1 -FUTURE LAND USE
4. GOAL 101
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_
Seca 1 - . - Floodplairl Certificate Of Compliance rograr .
1. Land Development Code N
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
Seca 1 -1 . - Eligible properties/prograrn requirements.
1. Code of Ordinances
2. Chapter 12-ENVIRONMENT AND NATURAL RESOURCE PROTECTION
3. ARTICLE VII.-PROPERTY ASSESSED CLEAN ENERGY(PACE)PROGRAM
description)started during the reporting period,separated by building type (e.g.,single family,multifamily,retail,office,
industrial,etc.);
Seca 14-41. - Prohibited conduct-Ernployrnerit.
1. Code of Ordinances
2. Chapter 14-HUMAN RELATIONS
3. ARTICLE II.-DISCRIMINATION
Page 5 of 11
Packet Pg. 3199
Q.1.g
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.No employment
agency shall directly or indirectly discriminate against
Seca - 3. - Definitions.
1. Code of Ordinances
2. Chapter 6-BUILDINGS AND CONSTRUCTION
3. ARTICLE II.-BUILDING CODE
4. DIVISION 1.-GENERALLY00
M
any building,structure,improvement or accessory thereto,other than a one-or two-family dwelling. Cumulative construction
cost
m
Seca 1 -1 a - Variances and Waivers Granted by the Plarining Director.
0
1. Land Development Code
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)
Seca 1 -5 a - Nonconforming Structures.
CL
0.
1. Land Development Code
2. Chapter 102-ADMINISTRATION 0j
3. ARTICLE III.-NONCONFORMITIES
Substantial improvement or reconstruction of nonconforming single-family residences shall comply with all applicable setback
provisions of this Land Development U_
E
Seca 1 14-1 Sa - Fences.
1. Land Development Code
2. Chapter 114-DEVELOPMENT STANDARDS N
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
Seca 1-4 . - Definitions.
1. Code of Ordinances
2. Chapter 21 -SOLID WASTE
3. ARTICLE III.-COLLECTION,DISPOSAL AND ASSESSMENT OF COSTS E
4. DIVISION 1.-GENERALLY
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.
Seca 14- Sa - 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. 3200
Q.1.g
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
Seca 1 - . - North Key i...,a.rgo Area. Of Critical County Concern.
I. 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
M
CD
Seca 1 14- . - `rra.ff c Study.
1. Land Development Code
2. Chapter 114-DEVELOPMENT STANDARDS
3. ARTICLE VII.-ACCESS STANDARDS 0e
Traffic studies shall not be required for applications for a single family residence.
m
Objective 212.4
1. Comprehensive Plan
2. 3.0-GOALS,OBJECTIVES AND POLICIES
3. 3.2-CONSERVATION AND COASTAL MANAGEMENT
CL
4. GOAL 212 0.
E
0
Except as provided herein,siting of single family docks,boat ramps, and boat slips on manmade water bodies shall require �?
minus four
Seca 14-4 . - Definitions.
1. Code of Ordinances
2. Chapter 14-HUMAN RELATIONS
3. ARTICLE II.-DISCRIMINATION
0
thereof.Familial status means the status of living alone or in any familial relationship whatsoever,including,but not do
**Sec. 1 1®1. ® Definitions.
1. Land Development Code
2. Chapter 101-GENERAL PROVISIONS y
includes single family residences but does not include mobile homes or recreational vehicles. Dwelling,single-family
Family means a person living alone, or people living together as a single household and sharing common living,
cooking, and toilet facilities:
(1)Any number ofpeople related by blood, marriage, adoption, guardianship, domestic partnership or duly-
authorized custodial relationship;
(2) Three unrelated people;
(3) Two unrelated people and any children related to either of them.
Habitable floor area means any floor area for occupancy and equipped for uses including, but not limited to, kitchen,
dining, living, 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, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial
Page 7 of 11
Packet Pg. 3201
Q.1.g
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.
Seca 14- 9. - Exemption for housing for O➢deli persons.
1. Code of Ordinances
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
Seca 1 S - . - `rype Of Development Not Affected.
1. Land Development Code
2. Chapter 138-RATE OF GROWTH RESTRICTIONS(ROGO/NROGO)
3. ARTICLE II.-RESIDENTIAL RATE OF GROWTH LIMITATIONS(ROGO)
CL
affordable housing unit,pursuant to Sections 101-1 and 139-1,is developed on a Tier III property(single-family residential lots a-
or parcels)and the dwelling unit on the sender site is demolished U
E
0
LU
Page 8 of 11
Packet Pg. 3202
Q.1.g
Exhibit 6
Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code
**Sec. 1 ®1. ® Affordable and Employee Housing; d i ist :ion.
1. Land Development Code
2. Chapter 139-AFFORDABLE AND EMPLOYEE HOUSING
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
r9
1. When establishing a enta,I and sales amount,the County shal,ryassume family size as indicated in the rytable below.This section shalt not be
user!to establish the maximum number of individ ials who actually live in the writ.This table shall be used in conjunction with the r
eligibil ry requirements crewed by Section 1:11 1:
W
Size of Unit Assumed Family Sire Minimum occupancy
Efficiency(no separate bedroom) 1 1 �
one bedroom 2 1
Two IDedreaoni 3 2
Three bedroom 4 3
Four or more bedroom, 3 1;per bedroom CL
..............
U
Nonresidential Inclusionary Proposed Amendment:
1. When establishig a rental and sales amount, the e.ourity shall base the at-aount upon the U-
E
re"11 tiled'an 'ncom ublisl'1ed for th C 1_atit T on an annual. bam's', b-y tfi,y
t,t 'f1T t j'R1_[i i tYCI 1}. Y_ � r 1ti1 'f°L 1 Em' t u1 tr �o household C1';_'�`ltm l size and
<u
This the Efft::i3tue 111]int; of the ILl1B.tt„
section shall not be used to establish the m&VA-mum number of indi--iduarls -t ho actually c
lire: in the it- is table shall be used in the of th
v,
ftbarx1'tb1.1m rental rates wit: QL112111fVtf1-=1 'IC 1 1pe s table, CO.-a tled 'v the P lalmi i tfg �
U
N
Size of Unit Assumed Household
re
c . .,
Size
Efficiency no separate bedrooms 1 4-
One bedroom
Two bedroom 3 21
Three bedroom 4
Four or more bedroom 5 4--p -sl?,s
Page 9 of 11
Packet Pg. 3203
Q.1.g
Exhibit 6
Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code
Objective 1401.4
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 development
Objective 101.5
1. Comprehensive Plan
2. 3.0-GOALS,OBJECTIVES AND POLICIES
3. 3.1 -FUTURE LAND USE
4. GOAL 101
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 -a
**GLOSSARY
1. Comprehensive Plan CL
0.
the date the use became nonconfon-ning.F Family means a person living alone,or people living together as a single household U
and sharing �--
F
Family means a person living alone, or people living together as a single household and sharing common living,
cooking, and toilet facilities:
(1)Any number ofpeople related by blood, marriage, adoption, guardianship, or duly authorized custodial
relationship;
(2) three unrelated people;
(3) two unrelated people and any children related to either of them.
N
Habitable Space means any sh ucture equipped for human habitation such as, but not limited to office, workshop,kitchen,
dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial
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 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
Household Income means all wages, assets, regular cash or noncash contributions or gifts from persons outside the
household, and such other resources and benefits as may be determined to be income by the United States Department eC
of Housing and Urban Development, adjusted for family size, less deductions allowable under Section 62 of the Internal
Revenue Code. Also known as Adjusted Gross Income.
Seca -198. - Definitions.
1. Code of Ordinances
2. Chapter 6-BUILDINGS AND CONSTRUCTION
3. ARTICLE III.-CONSTRUCTION INDUSTRY
Page 10 of 11
Packet Pg. 3204
Q.1.g
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
Seca 14 -4. - Signs Requiring a. Permit and Specific c Standards.
1. Land Development Code
2. Chapter 142-SIGNS
Multiple-family structures,nonresidential buildings and vacant land shall be allowed one non-illuminated
m
Seca 1 14- a - 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
i2
1. Comprehensive Plan CL
2. 3.0-GOALS,OBJECTIVES AND POLICIES 0.
3. 3.1 -FUTURE LAND USE E
0
4. GOAL 107 U
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_
Seca 122-1 - Permit Requirements.
1. Land Development Code .
2. Chapter 122-FLOODPLAIN MANAGEMENT
N
certifications as state certified residential appraisers for appraising one to four family residential properties and state certified
general appraisers for all other properties '
Seca 11 -1 a - Shoreline Setback.
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).
Seca 122-4. - Standards for Issuarice Of Building Permits in Apses Of Special Food
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. 3205
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
co
Meeting Date: FeYbruao; 11, 199a Division: Growth Managemgnt
Bulk Item: Yes No x Department: Planning
0
AGENDA ITEM WORDING: Consideration of a Memorandum of Understanding between the Department c l
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
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
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 >LN
0
TOTAL COST:sZa BUDGETED: Yes No
COST TO COUNTY: _ nIa
REVENUE PRODUCING? Yes No x
AMOUNT PER MONTH PER YEAR
APPROVED BY: County Attorney x OMB/Purchasing sk Manageme n/a
DEPARTMENT DIRECTOR APPROVAL:
y J. McGarry Dir c r of Plann' g
DIVISION DIRECTOR APPROVAL: o gin. ca
co
-
Robert L.Herman,Director of Growth Management
DOCUMENTATION: Included x To follow Not required
DISPOSITION: Agenda Item
e
document/agenda/access.doc lsc
Packet Pg. 3206
f . t' • Q.1.h'
MEMORANDUMco
TO: The Board of County Commissioners
FROM: Timothy J. McGarry, Director of Plann'
2
DATE: January 27, 1998
SUBJECT: Proposed Memorandum of Understanding
between DCA and Monroe County Related to
the Permitting of Accessory Dwellings
CL
Overview
0
L)
The Monroe County Growth Management Division and DCA staffs have worked y
together to prepare a draft Memorandum of Understanding (MOU), which
establishes specific guidelines and procedures to be followed in the permitting of
single family residential dwellings and accessory structures to ensure that no
separate independent living areas are created which are not in compliance with >
the Land Development Regulations. These guidelines are summarized in
Attachment A to the subject agreement.
The Board of County Commissioners will be asked to approve the attached draft
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
existing single family residences, and accessory structures. These differences
arise, because of differing professional opinion of what constitutes the creation of
a separate independent living area.
co
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 9.5-4(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. 3207
DCA's strict interpretation has caused several permits to be appealed toCO
eliminate full bathrooms and ,wet bars from building plans for additions or ",'
accessory structures. Unfortunately these decisions have made it difficult for
individuals to build new:homes or additions to their existing homes in manner 2
that meets their needs, even though they have no intention of creating a
separate independent living areas or guest units. Oe
0
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 o
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.
This problem is becoming more acute due to the increasing number of permit E
applications being submitted to the Growth Management Division for significantly U
large residential dwellings and building additions. The plans for these structures y
generally proposed design configurations (living areas) with wet bars, additional
bathroom facilities, and separate entrances.
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 y
and approval of single family residential building permits. The results of this
mutual effort are presented in the proposed Memorandum of Understanding
(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
The proposed guidelines focus on elements of a residence and accessory
structures that may create or could create separate independent living areasCO
such as separate entrances, lockability of internal connections, and existence of CO
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.
If any proposed design doesn't fail within the guidelines in Attachment A, it can
only be approved by the Planning Director or Development Review Senior
2 1Packet Pg. 3208
Administrator, after consultation with the Planning Manager of the DCA field
CO
office. CD
Recommendation 2
The Growth Management Division recommends adoption, of the proposed Oe
Memorandum of Understanding by the Board of County Commissioners.
CL
0.
0
L)
0
LU
3 Packet Pg. 3209
co
MEMORANDUM OF UNDERSTANDING (MOU) BETWEENCD
o
DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY
0
0
THIS MEMORANDUM of Understanding is being entered into by and between
0
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
0
U
Monroe County Year 2010 Comprehensive Plan and land development regulations. y
. o
I. Witnesseth.
WEREAS, the COUNTY has been declared an Area of Critical State Concern >
LN
pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a
comprehensive land use plan and land development regulations, approved by the State
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
regulations, and
WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY ca
co
development order to the Florida Land and Water Ad judicatory Commission if the
0
DEPARTMENT determines that the development order was issued in error; and
WHEREAS, due to a difference in interpretation between the DEPARTMENT
0
and the COUNTY, the COUNTY has been issuing building permits deemed by the
DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County
1
Packet Pg. 3210
co
Year 2010 Comprehensive Plan and Monroe County Code regulating accessory
dwelling units, and W
0
WHEREAS, the DEPARTMENT and COUNTY desire to enter into this
Memorandum and amicably resolve their differences of interpretation; and E
WHEREAS, the COUNTY recognizes that proper administration of its E
comprehensive land use plan and land development regulations reduces the need for CL
0.
intervention by the DEPARTMENT, and both parties agree to pursue the goal of U
removal of the Area of Critical State Concern designation in accordance with Section
380.0552, Florida Statutes; and
WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows:
1. The Monroe County Building Department shall only approve and issue
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
in the matrix shall require approval by the Director of Planning (or the Development
ca
co
Review Senior Administrator), after consultation with the DEPARTMENT's Planning
Manager for the Field Office;
N.
3. An "unlockable internal connector" shall be defined as an "open wall." A
LU
door or doorway shall not be included in the definition of"unlockable internal
connection."
2
Packet Pg. 3211
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
service."
Il. Modifications. E
Modifications to this Memorandum of Understanding shall only be valid when
they have been reduced to writing and duly signed by each of the parties hereto. U
III. Termination of Memorandum.
Either party may terminate this Memorandum of Understanding at any time, with
or without cause. Termination shall take effect one week or five (5) working days,
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
of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100.
Notification to the COUNTY shall be directed to the Mayor, Monroe County
co
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.
3
Packet Pg. 3212
V Effective Date. W
This Memorandum of Understanding shall become effective upon execution.by
both parties, and shall end upon the termination of the Florida Keys Area of Critical E
State concern designation, unless terminated earlier according to Section IV above. CL
0.
IN WITNESS WHEREOF, the parties have executed this Memorandum of U
Understanding.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA >
0
By y
MAYORICHAIRMAN (SEAL) DATE
ATTEST: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS
By:
DATEca
AP V A FORM
A !ClENCY
BY
ttorney's Office
4
Packet Pg. 3213
ATTACHMENT A
GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE
AN ADDITIONAL DWELLING UNIT'
Bid. Separate lockable unlockable full wet bar Full Y2 Bath Allowed?
type entrance internal internal kitchens Bath' co
connection4 connections
acc.
bid!. X NA NA X X NO
" X NA NA X X NO
X NA NA X X NO
" X NA NA X X NO
" X NA NA X YES
acid. 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 lu
" X ---- X X YES o
" ---- X X X YES �?
" _-_- X X X NO ut
1. General Note: Not all possible 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, then a'/ bath is also permitted in place of or in addition to a full bath.
2, acc = Attached or unattached accessory addition to principal structure with no internal connection to >
LN
the structure. o
add = Addition to principal structure with an internal connection to principal structure. v
3. A separate entrance is any entrance including sliding glass doors. A special exception may be made i
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.
6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing "stub outs"shall be
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
co
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. Lu
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.
10. Requires covenant restricting dwelling unit to single family occupancy only.
Packet Pg. 3214
C�l/15/199t� 08:14 E1504083309
COMMUNITY " FAIRS' "''�? �0 Q•1.h
m�n
I ,
CC; )F c�
:l, S
MEMORANDUM OF UNDERSTANDING (MOU) BETVVE = C.
DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY
0
THIS MEMORANDUM of Understanding is being entered, into by and between
the Florida Department of Community Affairs (DEPARTMENT) and Monroe County
(COUNTY)to provide better coordination between the DEPARTMENT and the
COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the 0.
CL
Monroe Count Year 2010 Comprehensive Plan and land development regulations. �i
Y y
2
I. Witnesseth.
WEREAS, the COUNTY has been declared an Area of Critical State Concern y
pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a o
comprehensive land use plan and land development regulations, approved by the State
i
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
regulations, and
WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY
development order to the Florida Land and Water Adjudicatory Commission if the
co
DEPARTMENT determines-that the development order was issued in error, and
WHEREAS, due to a difference in interpretation between the DEPARTMENT
and the COUNTY, the COUNTY has been issuing building permits deemed by the
DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County
1
Packet Pg. 3215
. PANE 0•
04/15/1998 00:14 0504003309 COMMU14ITY AFFAIRS
ro
CD
Year 2010 Comprehensive Plan and Monroe County Code regulating accessory
dwelling units; and
WHEREAS, the DEPARTMENT and COUNTY desire to enter into this
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
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
380.0552, Florida Statutes; and
WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows:
0
1. The Monroe County Building Department shall only approve and issue
building permits for those project designs identified as "YES" on the matrix entitled
i
"Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit'
attached hereto as Attachment"A".
_ Any project design which does not clearly fall within the descriptions
set forth in the matrix shall require approval by the Director of Planning (or the
Development Review Senior Administrator), after consultation with the ca
co
DEPARTMENT's Planning Manager for the Field Office.
3. An "unlockable internal connecton" shall be defined as an "open wall."
A door or doorway shall not be included in the definition of"unlockable intemal
connection."
2
Packet Pg. 3216
1 CUMMUNIT'l AFFAIRS PAGE Q•1.h
.04/15/1990 00:14 05040032109
co
CD
r9
.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
0
limitations of one bin and limited to one (1) square foot in size)with electricity limited to
110 volt service."
II. Modifications.
Modifications to this Memorandum of Understanding shall only be valid when
CL
0.
they hive been reduced to writing and duly signed by each of the parties hereto. 0
111. Termination of Memorandum.
Either party may terminate this Memorandum of Understanding at any time, with
or without cause. Termination shall take effect one week or five (5) working days,
whichever is earlier, after receipt of written notification as evidenced by a certified mail
i
return ,receipt. ca
-1V Notification.
Notification to the DEPARTMENT shall be directed to the Secretary, Department
of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399 2100.
Notification to the COUNTY shall be directed to the Mayor, Monroe County
Board of County Commissioners, Monroe County Courthouse, 500 Whitehead Street,
ca
co
Key West, FL 33040 with a copy to the Director of Growth Management, Monroe
Counter Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, �
FL 33050-2227.
3
Packet Pg. 3217
04/15/1990 00:14 8504083309 C OMMUWI-PI AFFAIFS PAGE 0
r9
m
V Effective Date.
This Memorandum of Understanding shall become effective upon execution by
both parties, and shall end upon the termination of the Florida Keys Area of Critical E
State concern designation, unless terminated earlier according to Section IV above-
CL
0.
IN WITNESS WHEREOF, the parties have executed this Memorandum of 0
Understanding.
BOARD COUNTY COMMISSIONERS
OF M(3 E CO Ty FLORIDA
By
'. MAYOR/CHAIRMAN (SEAL) DATE
ATTEST: DANNY L. KOLHAGE, Clerk
Deputy CI c
STATE OF FLORIDA,
DEPARTNIE OF TMI FFAIRS
By.
DATE
co
A FORM
A 1CIENcr
BY
ttomws Office
4
Packet Pg. 3218
._04/15/1990 08:14 8504003309 1MMMUNIP1 AFFAIRS PAGE
ATTACHMENT A
GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE
AN ADDITIONAL DWELLING UNIT'
Bid. Separate lockable unto able full wet ba -Full 'r4 Bath Allowed?
co
types entrance' -internal internal kitchen6 Bath°
CD
connection' connections ,
acc.
bid. X NA NA X X NO m
X NA 14A X X NO W
X NA NA X X NO
X NA NA X NO
X NA NA X $ o
add X ---- X NO
---- X X NO
• X X �. X X NO .c
- X X YES
X X --- X YES
X -- X X X NO c
X -- X X X NO
• . X X X X YES
X r-- X X YES
--- X X X YES o
U
• ---- X X NO
1. General Note:jq6t—sfi possible project esign options are isFo-w--57,F5 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 o
optlgn allows a full bath,then a%bath Is also permitted in place of or In addltlon to a full bath.
2. ace = Attached or unattached accessory addition to principal structure with no internal connection to
the structure.
add °= Addition to principal structure with an Internal connection to principal structure. o
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 Intemal connection exists when either party can lock out the 04r 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 Intemal connection.
6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing`stub outs`shall be
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 limRations of one bin and limited to one (1)square foot in size)with
elecrrlcity lknited to 110 volt service.
co
8. -A full bath conteins,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 m Design can not be approved.
YES; - Design can be approved_
Appr*oval of any project design that does not clearly fall within one of the listed options cart only be �
approved by the Planning Director or Development Review Senior Adrrdnistrator,after consultation
with-the Planning Manager of the DCA Field Office.
10. Requires covenant restricting dwelling unit to single family occupancy only. m
Packet Pg. 3219
✓)i
■' �..� $-
/� (Sty
3tUttFt�5 i'i I# (t i}�
tit
ca
cu
cu
1 t+1�21 f tv `
5 fit/ �Y(il tt
"®
�" 4-0
7tr� ir'���1tt��l -
cn
U c: �ua ua
\
cu
4-0
c
(
s
( ��� t2 )lt}({
,�...i� i� tt�,�,������� � '� .�" , ?,}� il}�r S� �v; ��t)SF��S�}jt��
ag
IM
10,
cn O
tU N It
# p'' Z3
Q
co 4�
N pU
E N cQ
<( E � J Ornm
pm
CAI
'4-4
qj
Am,O
Ij
4,
0,
Cl
Ij
45
qj
41
rl
ems
Nil
14
71
• • • ,ice,, �'- � v �:�.` tj
xi
ca
bf
42
cl
1
• r a , a c
.✓ .Y; a L;
CD
-.-: esf rr, '^t '.e^ •tz �`-� cap a -, ....;.
4 s
s/a '-* ,war—', r_" ✓" ,ter �= I
rt ;� pq
X X,I X A III X,I
FS
w I ICI I X,I I XI 7 l X,, XI i tl ,i
Jzi
r,I el"I xlp X1 VII xl I
71
t r
G
U =1r
4MI
rra
b
/
1 b
® b
/
� 1
1 w
1 b
b
1 1 ,
-«w
1 r
a
1 b =
/
t
b t
a
d
® 1
/
b
b
b b
1
- 1
b b
b
b 1 b
-a
t yti
` bf
{ }
ylt
tit
-
i
1�t}�lttt Aj
SUR
70
' t) ��rls'1ts,i2�
t�
0 cis
cD
0 TWA
Jc
13 wa
t�ig t t1�A t t A
t
. t
-n�'�.......... sCal) cz)
t
"�n �X'
CT
CU
CL
CL
'w*n t )i £ i }£tl9P�St4}tS�t�
s Itii(t slij4 77£�f t t�f �15;\7
s�f itii�rt i{f{s ���tt�t� (S
Q
fht..fht s ltS..
s� 7
r �s
t a�
� t t
e®