Ordinance 005-2021 1
2
3
4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.005-2021
10
11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH
15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT
16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE
18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE
19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION
20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC
21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1,
23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY
24 --------101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE
25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO. 2020-067)
31
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety. and welfare of the County's citizens; and
36
37 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
38 designation as area of critical state concern,establishes the intent to"ensure that the population of
39 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)(j), and requires that
40 amendments to each local government's comprehensive plan to include "goals, objectives, and
41 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
42 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
43
44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
45 Ordinance (`ROGO") in order to provide for the safety of residents in the event of a hurricane
46 evacuation and to protect the significant natural resources of Monroe County, as required by the
47 State of Florida; and
Ordinance No.005 -2021 Page I of 20
File 2020-067
1
2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
5 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
6 rental occupants evacuate in the early phase(48-hour window)of a hurricane evacuation; and
7
8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
11 6.5 hours in Phase I; and
12
13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
14 by geographic and environmental features,housing supply limited by controlled growth(including
15 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
16 lower paying service-sector employment; and
17
18 WHEREAS, the need to protect and preserve an adequate inventory of
19 affordable/workforce accessible housing is a continual as well as a growing challenge in the
20 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
21 housing units throughout the Florida Keys; and
22
23 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
24 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
25 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
26 related to the enforceability of the evacuation provisions; and
27
28 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
29 but took no official action; and
30
31 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
32 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
33 Development Code amendments to: Il Move a portion of market-rate ROGO units to the
34 affordable housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by
35 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
36 Evacuation model; and
37
38 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
39 a-comprehensive plan and land development code amendment to: I) Move a portion of the 378
40 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
41 Housing allocation pool and/or Z)Accept the 300 Workforce Housing units offered by the DEO
42 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
43 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
44 to start the process to accept the 300 workforce housing units; and
45
46 WHEREAS,on July 15, 2020,during a discussion item on potentially shifting market rate
47 allocations to the affordable housing pool, the BOCC provided further direction to staff on
Ordinance No.005-2021 Page 2 of 20
File 2020-067
1 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC
2 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
3 be used in exchange for existing affordable allocations at multifamily developments (for
4 developers that agree to the early evacuation restriction) and the affordable housing allocations
5 returned to the County(returned in the exchange)be set aside and banked for takings cases(bank
6 them within an administrative relief pool); and
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
11 manage land use and development; and
12
13 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
14 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
15 2020; and
16
17 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe
18 County Planning Commission held a public hearing for the purpose of considering the proposed
19 amendment and provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20,
22 recommending approval for the proposed amendment, with edits identified in the resolution for
23 Policies 101.2.2, 101.3.10 and 101.3.12; and
24 _ _ _
25 WHEREAS,the Monroe County Board of County Commissioners is authorized by Florida
26 Statute § 125.01(1)(h).,to establish, coordinate and enforce zoning and such business regulations
27 as are necessary for the protection of the public; and
28
29 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
30 County Board of County Commissioners held a public hearing, considered the County's
31 professional staff report, and provided for public comment and public participation in accordance
32 with the requirements of state law and the procedures adopted for public participation in the
33 planning process; and
34
35 WHEREAS,at the January 20,2021,public hearing,the Monroe County Board of County
36 Commissioners voted to transmit the proposed amendments to the Department of Economic
37 Opportunity to review the proposal, with a modification to Policy 101.3.12 to eliminate the
38 requirement for a development agreement; instead requiring a resolution approving a contract;and
39
40 WHEREAS, at the January 20, 2021, public hearing, the BOCC adopted Resolution No.
41 041-2021, transmitting the proposed text amendment to the State Land Planning Agency; and
42
43 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
44 Objections, Recommendations and Comments("ORC")report,received by the County on March
45 30, 2021; and
46
Ordinance No.005-2021 Page 3 of 20
File 2020-067
1 WHEREAS,the ORC report stated that"the Department[of Economic Opportunity] does
2 not identify any objections or comments to the proposed amendment"; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to
5 adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment;
6 and
7
8 WHEREAS,at a regularly scheduled meeting on April 21,2021,the BOCC held a public
9 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
10
11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
14 manage land use and development; and
15
16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying professional staff report, the Monroe County Board of County Commissioners
18 makes the following findings of fact and conclusions of law:
19
20 I. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development for
23 the Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
24 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
28
29 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
30 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
31
32 Section 2. The Monroe County Comprehensive Plan is hereby amended as follows:
33
Proposed Amendment: deletions are sicieken4hceugh; additions are shown in underlined.
34
35 Objective 101.2
36 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
37 F_A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
38 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
39 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
40 adopted between the County and all the municipalities and the State agencies.
41
42 Policy 101.2.1
43 Monroe County shall maintain a memorandum of understanding with the State Land
44 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
45 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
Ordinance No. 005-2021 Page 4 of 20
File 2020-067
1 data and analysis,the input variables and assumptions, including regional considerations,
2 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
3 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
4 clearance times for the population of the Florida Keys.
5
6 Policy 101.2.2
7 Monroe County shall coordinate with all the municipalities, the State Land Planning
8 Agency and Division of Emergency Management to update the variables and assumptions
9 for the evacuation clearance time modeling and analyses of the build-out capacity of the
10 Florida Keys Area of Critical State Concern based upon the release of the decennial
11 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
12 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
13 the County may allocate 10 years' worth of growth (197 x 10= 1,970 allocations, 197
14 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
15 maintaining an evacuation clearance time of 24 hours.The County will adopted a slower
16 rate of annual allocations for market rate development to extend the allocation timeframe
17 to 20262033 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
18 County shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes
19 for hurricane evacuation clearance time requirement standards; 2) new hurricane
20 evacuation modeling by the State Land Planning Agency and Division of Emergency
21 Management; and 3)a new or revised memorandum of understanding with the State Land
22 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
23 West, Key Colony Beach and Layton (see Policy 101.2.1).
24
25 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 1013.3 and 101.3.12
26 Monroe County shall establish a new allocation category to accept and award 300
27 workforce housing early evacuation unit building permit allocations pursuant to the
28 Workforce-Affordahle Housing Initiative kPolicv 101.3.12 Workforce Initiative). These
29 allocations are in addition to the maximum allocations identified in Rules 28-20, F.A.C.
30 and shall be required to evacuate in Phase I of the 48-hr evacuation of a pending major
31 hurricane.
32
33 Policy 101.2.3
34 The County will consider capital improvements based upon the need for improved
35 hurricane evacuation clearance times. The County will coordinate with the FDOT, the
36 state agency which maintains U.S.I, to ensure transportation projects that improve
37 clearance times are prioritized.
38
39 - -- Policy 101.2.4
40 In the event of a pending major hurricane (Category 3-5) Monroe County shall
41 implement the following staged/phased evacuation procedures to achieve and maintain
42 an overall 24-hour hurricane evacuation clearance time for the resident population.
43 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
44 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
45 vessels(transient and non-transient),mid military personnel and units approved- and
46 deed restricted as workforce housing early evacuation units from the Florida Keys
Ordinance No. 005-2021 Page 5 of 20
File 2020-067
1 shall be initiated. State parks and campgrounds should be closed at this time or sooner
2 and entry into the Florida Keys by non-residents should be strictly limited.
3 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
4 of mobile home residents, special needs residents, and hospital and nursing home
5 patients from the Keys shall be initiated.
6 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
7 evacuation of permanent residents by evacuation zone (described below) shall be
8 initiated. Existing evacuation zones are as follows:
9 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
10 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
11 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
12 63)
13 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
14 63-106.5 and MM 1-9.5 of CR 905)
15 e) Zone 5-905A to, and including Ocean Reef(MM 106.5-126.5)
16
17 The actual sequence of the evacuation by zones will vary depending on the individual
18 storm. The concepts embodied in this staged evacuation procedures should be embodied
19 in the appropriate County operational Emergency Management Plans.
20
21 The evacuation plan shall be monitored and updated on an annual basis to reflect
22 increases,decreases and or shifts in population; particularly the resident and non-resident
23 populations.
24
25 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
26 of allocations to more than 197 residential units a year, except for affordable housing.
27 Any increase in the number of allocations shall be for affordable housing. Monroe County
28 hereby accepts 300 workforce (affordable) housing early evacuation unit buildiqgpermil
29 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
30 Workforce Initiative) authorized by the Florida Administration Commission and the
31 Florida Department Economic Opportunity. These allocations are in addition to the
32 maximum allocations identified in Rules 28-20, F.A.C.. shall be restricted to rental
33 occupancy for those who derive at least 70%of their income as members of the workforce
34 in Monroe County and who meet the affordable housing income categories of the Monroe
35 County Land Development Code. The allocations shall be required to evacuate in Phase
36 I of the 48-hr evacuation of a pending major hurricane. No new additional residential
37 dwelling unit allocations shall he authorized within the Phase I of the 48-hr evacuation
38 unless approved and provided by the Florida Administration Commission and the Florida
39- Department Economic Opportunity after review of hurricane evacuation modeling results
40 by the State Land Phinnii�g Agency and the Division of Emergcnc Management of
41 available evacuation capacity and a review of the level of serf ice and available capacity
42 for all public facilities.
43
44 Objective 101.3
45 Monroe County shall regulate new residential development based upon the finite carrying
46 capacity of the natural and man-made systems and the growth capacity while maintaining a
47 maximum hurricane evacuation clearance time of 24 hours.
Ordinance No. 005-2021 Page 6 of 20
File 2020-067
1
2 Policy 101.3.1
3 Monroe County shall maintain a Permit Allocation System for new residential
4 development known as the Residential Rate of Growth Ordinance(ROGO) System. The
5 Permit Allocation System shall limit the number of permits issued for new residential
6 dwelling units. The ROGO allocation system shall apply within the unincorporated area
7 of the county, excluding areas within the county mainland and within the Ocean Reef
8 planned development (Future development in the Ocean Reef planned development is
9 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
10 recognized and issued by the Department of Community Affairs). New residential
11 dwelling units included in the ROGO allocation system include the following: affordable
12 housing units; market rate dwelling units; mobile homes; arxl institutional residential
13 units(except hospital rooms), and workforce housing early evacuation units.
14
15 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
16 a distinct location, and therefore cannot be accounted for in the County's hurricane
17 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
18 or associated wet slips be transferred upland or converted to a dwelling unit of any other
19 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
20 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
21 Exemption).
22
23 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
-24 units; and seasonal residential units are subject to Policy 101.3.5.
25
26 Policy 101.3.2
27 The number of permits issued for residential dwelling units under the Rate of Growth
28 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
29 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
30 ROGO year and 300 workforce housing early evacuation unit building permit allocations
31 authorized by the Florida Administration Commission and the Florida Department
32 Economic Opportunity. A ROGO year means the twelve-month period beginning on July
33 13. Market rate allocations shall not to exceed 126 residential units per year. Unused
34 allocations for market rate shall be available for Administrative Relief.
35
36 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
37 completed the hurricane evacuation clearance time modeling task and found that with 10
38 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
39 clearance time. This creates challenges for State of Florida and Monroe County as there
40 are 8,168 privately owned vacant parcels[3,979 Tier I; 393 Tier II,260 Tier 111-A(SPA);
41 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may
42 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
43 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds
44 the total number of allocations which the State will allow the County to award,the County
45 adopted a slower rate of annual allocations for market rate development to extend the
46 allocation timeframe to 21126 and is accepting 300 workforce (affordable) housing early
47 evacuation unit building permit allocations pursuant to the Workforce-Affrxdablc
Ordinance No. 005-2021 Page 7 of 20
File 2020-067
1 Housing Initiative (Policy 101.3.12 Workforce Initiative) authorized by the Florida
2 Administration Commission and the Florida Department Economic Opportunity. These
3 workforce housing early evacuation allocations that are in addition to the maximum
4 building permit allocations identified in Rules 28-20. F.A.C. The County will consider
5 adopting an extended timeframe for distribution of the ROGO allocations through 2033
6 with committed financial support from its State and Federal partners. This timeframe can
7 provide a safety net to the County and provide additional time to implement land
8 acquisition and other strategies to reduce the demand for ROGO allocations and help
9 transition land into public ownership.
10
11 The County is actively engaged in acquisitions and is requesting its State and Federal
12 partners for assistance with implementing land acquisitions in Monroe County. The
13 County will allocate the 1,970 new dwelling unit allocations through July 12. 2026 ever
14 a 10year tN»ekam . If substantial financial support is provided by July 12, 201g2023,
15 the County will reevaluate the ROGO distribution allocation schedule and consider an
16 extended timeframe for the distribution of market rate allocations (through a
17 comprehensive plan amendment). Further,the State and County shall develop a mutually
18 agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private
19 Property Rights Protection Act cases, with the State having an active role both directly
20 and financially in the defense of such cases.
21
22 The County shall distribute ROGO allocations by ROGO year, as provided in the table
23 below.
24
Annual Allocation
1 ROGO Year
Market Rate Affordable Housing Workforce Initiative
July 13,2013—July 12,2014 126 71
July 13,2014—July 12,2015 126 71
July 13,2015—July 12,2016 126
July 13,2016—July 12,2017 126
N,A
July 13,2017 July 12,2018 126
July 13,2018—July 12,2019 126
July 13, 2019—July 12,2020 126 568 total AFH
July 13,2020—July 12,2021 64 (total available
July 13,2021—July 12,2022 64 immediately)
July 13,2022—July 12,2023 64
July 13,2023—July 12,2024 62 300"
July 13,2024—July 12,2025 62
July 13, 2025—July 12,2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through
the Incidental Take Permit(ITP)ending in 2023.
Ordinance No.005-2021 Page 9 of 20
File 2020-067
I** Workforce housinc early evacuation unit allocations shall be available countywide (unincorporated
!county) and distributed on a first-come lirsl-serve basis. Requests For dwelling units developed andior deed-
restricted utilizing.the workforce housing early evacuation unit allocations are subject to the provisions of
Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6
7
8 Policy 101.3.3
9 Monroe County shall allocate at least 20% of the annual allocation, or as may be
10 established by the State of Florida, pursuant to Administration Commission Rules, to
11 affordable housing units as part of ROGO. Any portion of the allocations not used for
12 affordable housing shall be retained and be made available for affordable housing from
13 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
14 workforce housing early evacuation units shall meet the criteria specified in Policy
15 601.1.4 and the Land Development Code, but shall not be subject to the competitive
16 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed
17 for affordable housing or workforee housing early evacuation units shall not be located
18 within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A
19 Special Protection Area as set forth in Policy 205.1.1.
20
21 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
22 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
23 the following criteria:
24 I. The property contains an existing market rate dwelling unit that meets the criteria in
25 LDC Section 138-22(a) and is determined to be exempt from ROGO;
26 2. The proposed replacement affordable dwelling unit meets current Florida Building
27 Code and is not a mobile home;
28 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
29 99 years as affordable housing pursuant to the standards of the Land Development
30 Code; and
31 4. The proposed site plan for the replacement affordable dwelling unit does not propose
32 any additional clearing of habitat.
33
34 Policy 101.3.4
3s The Permit Allocation System (or Rate of Growth Ordinance) for new residential
36 development shall specify procedures for:
37 I. establishing the annual number of permits for new residential units to be issued during
38 the next ROGO year based upon, but not limited to the following:
39 a. expired allocations and building permits in previous year;
40 b. allocations available,but not allocated in previous year;
41 c. number of allocations borrowed from future quarters;
42 d. vested allocations;
43 e. modifications required or provided by Administration Commission Rules;
Ordinance No. 005-2021 Page 9 of 20
File 2020-067
1 f. modifications required or provided by this plan or agreement pursuant to Chapter
2 380, Florida Statutes; and
3 g. receipt or transfer of affordable housing allocations by intergovernmental
4 agreement; and
5 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
6 Clearance Time Memorandum of Understanding.
7 2. allocation of affordable housing, workforce housing early evacuation units and market
8 rate housing units in accordance with Policisy 101.3.2 and 101.3.3; and
9 3. timing of the acceptance of applications, evaluation and scoring of applications, and
10 issuance of permits for new residential development during the calendar year.
11
12 Policy 101.3.5
13 Due to the limited number of allocations and the State's requirement that the County
14 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
15 shall prohibit new transient residential allocations for hotel or motel rooms,campground
16 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
17 Lawfully established transient units shall be entitled to one unit for each type of unit in
18 existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024-2011)
19
20 Policy 101.3.6
21 All public and institutional uses (except hospital rooms) that predominately serve the
22 County's non-transient population and which house temporary residents shall be subject
23 to the Permit Allocation System for residential development, except upon factual
24 demonstration that such transient occupancy is of such a nature so as not to adversely
25 impact the hurricane evacuation clearance time of Monroe County.
26
27 * • * • x *
28
29 Policy 101.3.9
30 For those ROGO applications and properties which have not received a ROGO award for
31 four consecutive years and have applied for administrative relief, which are designated
32 Tier 1, 11, or 111A, the County or the State shall offer to purchase the property if funding
33 for such is available. Refusal of the purchase offer shall not be grounds for granting a
34 ROGO award.
35
36 Policy 101.3.10
37 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
38 I01.3.10. building ROGO allocations utilized for affordable housing projects may be
39 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
40 ROGO subarea,and between local government jurisdictions within the Florida Keys Area
41 of Critical State Concern (ACSC). Any such transfer or affordable housing allocations
42 between local government jurisdictions must be accomplished through an interlocal
43 agreement between the sending and receiving local governments. Interlocal agreements
44 that ins olve assigning the Countvis affordable housing(not including affordable housing
45 allocations banked for takings cases) allocations to eavling thud/inL units within u
46 nunIiriPrdilr with a requirement that the associated market rate ROGOrBI'AS exemptions
47 he transferred into the unincorporated County as an exchange for the affordable housing
Ordinance No. 001-2021 Page 10 of 20
File 2020-067
1 allocations transferred to the municipality, shall be accomplished through a minor
2 conditional use permit approval and shall he subject to the receiver site criteria in Policy
3 I O I.6.8 and may be transferred to any subarea within the unincorporated County. In no
4 event shall the County (I) pool and transfer workforce housing early evacuation unit
5 allocations between ROGO sub-areas, (2) transfer workforce housing early evacuation
6 unit allocations to another government jurisdiction, (3) receive workforce housing early
7 evacuation unit building allocations from another government jurisdiction, or(4)transfer
8 affordable housing ROGO allocations received by the County in exchange for worklitrce
9 housing early evacuation unit allocations to another government jurisdiction.
10
11
12 Policy 101.3.11
13 Monroe County may receive additional building permit allocations pursuant to the 2012
14 completed hurricane evacuation clearance time modeling and allocation
15 recommendations by the State Land Planning Agency and the Administration
16 Commission's direction that the City of Key West would transfer annually(by July 15th)
17 any remaining unused allocations for that year to the other Florida Keys' local
18 governments based upon the local governments' ratio of vacant land. Any transferred
19 allocations from the City of Key West to Monroe County shall be made available for
20 Administrative Relief. Monroe County may receive, and award 300 building permit
21 allocations designated as workforce housing early evacuation units pursuant to the
22 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
23 provided by the Florida Administration Commission and the Florida Department
24 Economic Opportunity.These allocations that are in addition to the maximum allocations
25 identified in Rules 28-20. F.A.C., and shall be required to evacuate in Phase 1 of the 48-
26 hr evacuation of a pending major hurricane.
27
28 Policy 101.3.12
29 Workforce Initiative.To support Monroe Count y's worklbrce by alleviating constraints
30 on affordable housing, to protect private property rights and address potential liability.
31 the County is participating in the Workforce-Affordable Housing Initiative (Workforce
32 Initiative), as approved during the June 13, 20I R meeting of the Florida Administration
33 Commission. Monroe County accepts the 300 workforce housing early evacuation
34 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
35 authorized by the Florida Administration Commission and the Florida Department
36 Economic Opportunity. The Workforce-Affordable Housing Initiative will require
37 dwelling units constructed and%or deed restricted with workforce housing early
38 evacuation building permit allocations to evacuate occupants in Phase 1 of the 48-hr
39 evacuation of a pending major hurricane, pursuant to the criteria below.
40
41 lb participate in the Workforce Initiative, Monroe County shall be responsible for the
42 management, distribution, and enforcement of requirements associated with the
43 workforce housing Carly evacuation building permit allocations. Monroe County shall
44 ensure adherence to these requirements Ihr ou^h implementation of this policy and shall
45 annually provide to the Florida Department Economic Opportunity a report indicating the
46 number of workforce housing early evacuation units built and,or deed restricted
47 occupancy rates, and compliance with the requirement to evacuate the units in Phase I of
Ordinance No. 005-2021 Page 11 of 20
File 2020-067
1 an evacuation. the annual report shall be provided to the State in a timely manner such
2 that the State may include the information in the required Annual Report to the Governor
3 and Cabinet on the Counts ls progress toward completion of its Work Program pursuant
4 to Rule 28-20. F.A.C.
5
6 Dwelling units developed and/or deed restricted utilizing the workforce housing early
7 evacuation unit allocations are subject to the following
8
9 (a) Requests Ibr workforce housing early evacuation unit allocations shall be available
10 only for a I for I exchange for aflordable allocations'exemptions and require a
11 reservation via BOCC resolution. The BOCC may. at its discretion. place
12 conditions on any reservation as it deems appropriate. The BOCC may, at its
13 discretion, exchange existing reserved affordable allocations for allocations under
14 the Workforce Initiali ye to private development and nonprofit sector partners
15 willing to meet the requirements of the work once housing early evacuation unit
16 allocations. Further. the BOCC may, at its discretion, approve the exchange of
17 existing deed-restricted allbrdable housing units(lawful affordable exemptions) at
18 existing multifamily residential developments for allocations under the Workforce
19 Initiative to private development and nonprofit sector partners willing to meet the
20 requirements of the workforce housing early evacuation unit allocations.
21 f I) The affordable allocations returned to the County in exchange for workforee
22 housing early evacuation unit allocations shall be banked and used for future
23 administrative relief, beneficial use determinations and to resolve inverse
24_ condemnation cases and Bert J. Harris. Jr. Private Property Rights Protection
25 Act cases.
26 (2) To maintain consistency with Rule 28-20.140(2)(b), P.A.C, the affordable
27 allocations returned to the County shall be maintained as affordable allocations
28 and shall also be tel to the original affordable housing category (very
29 low lowvmedian income vs. moderate income pool).
30 (3)The workforce housing early evacuation unit allocations must be utilized based
31 on the original approved affordable housing income category or a lesser income
32 category.
33 (4) Administrative relief means actions taken by the County granting the owner of
34 real property relief from the continued application of the Rate of Growth
35 Ordinance (ROGO) restrictions provided they meet the criteria established in
36 the Comprehensive Plan and Land Development Code.
37 (5) Beneficial use means the use of property that allows an owner to derive a benefit
38 or profit in the exercise of a basic property right. For the purpose of this policy
39- beneficial use shall mean the minimum use of the property necessary to avoid
40 the finding of a regulatory taking• under current land use case If
41 (b) The construction of dwelling units, the redevelopment or the deed restriction Of
42 existing dwelling units utilizing workforce housing early evacuation unit
43 allocations shall require approval of a resolution approving a contract between the
44 BOCC and the applicant to officially exchannue the allocations and confirm
45 compliance with the requirements Workforce Initiative within this Policy.
46 (c) All workforce housing early evacuation units require a deed-restriction ensuring:
47 (I) Before any building permit may be issued for any structure, portion or phase of
Ordinance No. 005-2021 Page 12 of 20
File 2020-067
1 a project subject to the Workforce Initiative, a restrictive covenant skill be
2 approved by the Manning Director and County Attorney and recorded in the
3 Office of the-Clerk of the County to ensure compliance: with the provision of
4 this section running in favor of the County and enforceable by the County and
5 if applicable, a participating municipality. The following requirements shall
6 apply to these restrictive covenants:
7 a. The covenants for any workforce housing early ccacuation units shall be
8 effective for 99 years.
9 b. The covenants shall not commence running until a certificate of occupancy
10 has been issued by the Building Official for the dwelling unit or dwelling
11 units to which the covenant or covenants apply.
12 c. For existing dwelling units that are deed-restricted as workforce housing
13 early evacuation units, the covenants shall commence running upon
14 recordation in the Official Records of Monroe County.
15 J2) The covenants shall require that the workforce housing early evacuation units
16 to he restricted to rental occupancy for those who derive at least 70% of their
17 income as members of the workforce in Monroe County and who meet the
18 affordable housing income categories of the Monroe County Land
19 Development Code. The occupants are required to annuaII y verify their
20 employment and income eligibility.
21 (3) The covenants shall require occupants to evacuate in Phase I of the 48-hr
22 evacuation of a pending major hurricane. Persons living in the workforce
23 housing early ccacuation units who may he exempted from evacuation
24 requirements are limited to law enforcement. correctional and fire personnel
25 health care personnel, and public employees with emergency management
26 responsibilities. If there is an occupant that indicates their employment is
27 considered a 'first-responder position.and not included in the list of exemptions
28 above. then the Planning Director shall determine, in writing. whether the
29 person may he exempted because of a requirement to remain doing an
30 emergency. Any person claiming exemption under this provision shall submit
31 of an affidavit of qualification and faithfully certify their status with the onsite
32 property management.
33 (4) The covenants shall require rental agreements which contain a separate
34 disclosure requiring rental occupants to acknowledge the existing restrictive
35 covenant on the unit requiring evacuation in Phase I of the 48-hr evacuation
36 and that failure to adhere to the Phase I evacuation requirement could result in
37 severe penalties, including eviction, to the occupant.
38 (5) The covenants shall require onsite properly managers and a separate
39 employment disclosure requiring the maintenance of training in evacuation
40 procedures and an acknowledgement that failure to adhere to the Phase I
41 evacuation requirement could result in severe penalties. including termination.
42 (d) Workforce housing early evacuation units shall be restricted to rental occupancy
43 for those who derive at least 70% of their income as members of the workforce in
44 Munroe County and who meet the affordable housing income categories of the
45 Monroe County Land Development Code. Workforce means individuals or families
46 who are gainfully employed supplying goods and/or services to Monroe County
47 residents or visitors.
Ordinance No. 005-2021 Page 13 of 20
File 2020-067
1 (e) Workforce housing early evacuation units shall require onsite property
2 Management with properly managers Iralned in evacuation procedures and required
3 to manage the evacuation of tenants in Phase I of an evacuation. During traditional
4 working hours. the property manager must be at an office within the workforce
5 housing early evacuation unit development subject property. Outside the traditional
6 working hours, the property manager must be available at all times to respond to
7 evacuation orders.
8 (I) The property management entity for the workforce housing early ccacuation units
9 shall be required to annually verify the employment and income eligibility of
10 tenants: report the total units on the site, the occupancy rates of units, and tenant
11 compliance with the requirement to evacuate the units in Phase I of an evacuation,
12 including the number of occupants that arc exempt from the evacuation
13 requirements. The property Management entity must submit a report to the Planning
14 and Environmental Resources Department by May I of each year. Further, each
15 lease and this annual report shall be kept by the property manager and be available
16 for inspection by the County during traditional working hours.
17 (g) Workforce housing early evacuation units shall be located within an area designated
18 as Tierlll.
19 (h) Workforce housing early evacuation units shall not be located in the V-Zone or
20 within a Coastal Barrier Resource System (CBRS).
21 (i) Workforce housing early evacuation units shall be located on a property which has
22 all infrastructure available (potable water, adequate wastewater treatment and
23 disposal wastewater meeting adopted LOS, paved roads, etc.).
24 (Il All workforce housing early evacuation units must demonstrate compliance with
25 all applicable federal standards for accessibility for persons with disabilities (ADA
26 Compliance).
27 (k) To the greatest extent practicable,a development utilizing workforce housing early
28 evacuation unit allocations shall incorporate sustainable and resilient design
29 principles into the overall site design and be accessible to employment centers in
30 Key West. Stock Island and Marathon.
31
32 GOAL 601
33 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
34 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
35 population based on type, tenure characteristics, unit size and individual preferences.
36
37 Objective 601.1
38 To ensure that affordable housing opportunities arc available throughout the entire community
39 and to maintain a balanced and sustainable local economy and the provision of essential
40 services, Monroe County shall implement the following defined policies to reduce estimated
41 affordable housing need for its workforce and households in the very low, low, median and
42 moderate income classifications.
43
44 Policy 601.1.1
45 Monroe County shall maintain land development regulations, in conjunction with the
46 Permit Allocation System, for apportioning future affordable housing development on an
47 annual basis.
Ordinance Na. 005-2021 Page 14 of 20
File 2020-067
1
2 Policy 601.1.2
3 Monroe County shall continue expand its participation in Federal and State housing
4 assistance programs to rehabilitate owner and rental housing for very low, low, median,
5 and moderate income residents by seeking grants, loans, and technical assistance in
6 conjunction with the Monroe County Housing Authority by May I. 2021.
7
8 Policy 601.1.3
9 The Monroe County Land Authority shall maintain a list of buildable properties owned
10 or targeted for acquisition by the Land Authority which potentially could be donated or
11 made available for affordable housing. This list will be updated annually and made
12 available to the public.The guidelines established in Policies 601.1.10 and 601.1.1 I shall
13 be considered in the formulation of this list.
14
15 Policy 601.1.4
16 All affordable housing projects which receive development benefits from Monroe
17 County, including but not limited to ROGO allocation award(s) reserved for affordable
18 housing, maximum net density, or donations of land, shall be required to maintain the
19 project as affordable for a period of 99 years pursuant to deed restrictions or other
20 mechanisms specified in the Land Development Code, and administered by Monroe
21 County or the Monroe County Housing Authority.
22
23 Policy 601.1.5
24 If Monroe County funding or County-donated land is to be used for any affordable
25 housing project, alternative sites shall be assessed according to the following guidelines:
26 1. The location of endangered species habitat. Sites within known, probable, or
27 potentially suitable threatened or endangered species habitat shall be avoided.
28 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
29 be determined according to the ranking specified in the Environmental Design
30 Criteria section of the Land Development Code. Disturbed sites shall be selected,
31 unless no feasible alternative is available.
32 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
33 avoided.
34 4. The level of service provided in the vicinity for all public facilities. Areas which are
35 at or near capacity for one or more public facility should be avoided.
36 5. Proximity to employment and retail centers. Sites within five miles of employment
37 and retail centers shall be preferred.
38
39 Policy 601.1.6
40 Monroe County shall identify funding sources that could be made available to support
41 community-based non-profit organizations such as Habitat for Humanity in their efforts
42 to provide adequate affordable housing.
43
44 Policy 601.1.7
45 Monroe County shall continue to participate in the State Housing Incentives Partnership
46 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
47 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
Ordinance No. 005-2021 Page 15 of 20
File 2020-067
1 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
2 County Affordable Housing Advisory Committee.
3
4 Policy 601.1.8
5 Monroe County shall allocate at least 20%of the annual ROGO allocation,or as may be
6 established by the State of Florida, pursuant to Administration Commission Rules, to
7 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
8 this separate allocation must meet the criteria established in the Land Development Code.
9 Monroe County may award 300 additional building permit allocations designated as
10 workforce housing early evacuation units pursuant to the Workforce-Affordable Housing
11 Initiative (Policy 101.3.12 Workforce Initiative) as provided by the Florida
12 Administration Commission and the Florida Department Economic Opportunity. These
13 allocations arc in addition to the maximum allocations identified in Rules 28 20. F.A.C.-
14 are restricted to rental occupancy for those who derive at least 70% of their income as
15 members of the workforce in Monroe County and who meet the affordable housing
16 income categories of the Monroe County Land Development Code. and shall be required
17 to evacuate in Phase I of the 48-hr evacuation of a pending major hurricane.
18
19 Policy 601.1.9
20 Monroe County shall maintain land development regulations which may include density
21 bonuses, impact fee waiver programs, and other possible regulations to encourage
22 affordable housing.
23
24 Policy 601.1.10
25 The Land Authority may acquire land for affordable housing projects if they are deemed
26 appropriate and acceptable by the Land Authority as meeting the intent of:
27 1. the affordable housing provisions in the Land Authority's enabling legislation;
28 2. the goals, objectives and policies of this Plan; and
29 3. the land use designations specified on the Future Land Use Map and in the Monroe
30 County Land Development Regulations.
31
32 Policy 601.1.11
33 The Land Authority shall not list or acquire vacant lands as potential affordable housing
34 sites if the lands exhibit any of the following characteristics:
35 1. Any portion of the land lies within a known, probable, or potentially suitable
36 threatened or endangered species habitat.
37 2. The land has a Tier designation other than Tier III.
38 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
39
40 Policy 601.1.12
41 Monroe County shall annually monitor the eligibility of the occupants of housing units
42 which have received special benefits, including but not limited to those issued under the
43 affordable housing provisions specified in the Land Development Code or those issued
44 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
45 specified in the Plan and in the Land Development Code, and their eligibility period has
46 not expired, then Monroe County may take any one or a combination of the following
47 actions:
Ordinance No. 005-2021 Page 16 of 20
File 2020-067
1 1. require the payment of impact fees, if they were waived;
2 2. proceed with remedial actions through the Department of Code Compliance, as a
3 violation of the Monroe County Code;
4 3. take civil court action as authorized by statute, common law, or via agreement
5 between an applicant and the County; and/or
6 4. require the sale or rental of the unit(s)to eligible occupants.
7
8 Policy 601.1.13
9 Monroe County shall maintain land development regulations on inclusionary housing and
10 shall evaluate expanding the inclusionary housing requirements to include or address
11 nonresidential and transient development and redevelopment based on specific data and
12 analysis.
13
14 Objective 601.2
15 Monroe County shall adopt programs and policies to encourage housing of various types,sizes
16 and price ranges to meet the demands of current and future residents
17
18 Policy 601.2.1
19 Public-private partnerships shall be encouraged to improve coordination among
20 participants involved in housing production. In these efforts, the County will establish a
21 comprehensive central depository for housing information located at the Monroe County
22 Housing Authority and Growth Management Division for the coordination and
23 cooperation among public and private agencies which collect and use housing data.
24
25 Objective 601.3
26 Monroe County shall continue implementation efforts to eliminate substandard housing and to
27 preserve, conserve and enhance the existing housing stock, including historic structures and
28 sites.
29
30 Policy 601.3.1
31 Monroe County shall coordinate with other County agencies to monitor housing
32 conditions. Standards for evaluation of the structural condition of the housing stock are
33 summarized below:
34 Sound: Most housing units in this category are in good condition and have no visible
35 defects. However, some structures with slight defects are also included.
36
37 Deteriorating: A housing unit in this category needs more repair than would be
38 provided in the course of regular maintenance, such as repainting. A housing unit is
39 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
40
41 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
42 no longer provide safe and adequate shelter or is of inadequate original construction
43 including being constructed below the minimum required elevation by FEMA or the
44 County's Floodplain Regulations.
45
46 Policy 601.3.2
Ordinance Na. 005-2021 Page l]of20
File 2020-067
1 The County Code Compliance Office and Building Department will enforce building
2 code regulations and County ordinances governing the structural condition of the housing
3 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
4 residential neighborhoods.
5
6 Policy 601.3.3
7 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
8 Development (HUD) rental rehabilitation programs by the Monroe County Housing
9 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
10 increased private reinvestment in housing by providing information, technical assistance
11 in applications for federal and State funding, or provide local public funds for
12 rehabilitation purposes.
13
14 Policy 601.3.4
15 Monroe County shall encourage identification and improvement of historically
16 significant housing through the coordination of public information programs defining
17 benefits and improvement funding sources.
18
19 Objective 601.4
20 Monroe County shall maintain land development regulations which allow group homes and
21 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as
22 subsidized housing for elderly residents of the County, to be located in residential areas as
23 appropriate.
24
25 Policy 601.4.1
26 Monroe County shall maintain land development regulations which permit group homes
27 and foster care facilities (homes of six or fewer residences which otherwise meet the
28 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or
29 funded by the DOH in all land use categories which permit residential development where
30 consistent with other goals,objectives, and policies of this Comprehensive Plan.
31
32 Policy 601.4.2
33 The County shall identify and evaluate alternative strategies to expand subsidized housing
34 programs for elderly residents of Monroe County through coordination with the Monroe
35 County Housing Authority, and encourage their development by private, community-
36 based non-profit, or public entities, as well as public/private partnerships.
37
38 Objective 601.5
39 The County shall provide uniform and equitable treatment for persons and businesses displaced
40 by state and local government programs, consistent with F.S. §421.55.
41
42 Policy 601.5.1
43 By May I, 20172024, Monroe County shall adopt uniform relocation standards for
44 displaced households.
45
46
Ordinance No.005-2021 Page 18 of 20
File 2020-067
1 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
2 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
3 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
4 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
5 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
6 administrative proceedings, at trial, in bankruptcy, and on appeal.
7
8 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
9 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
10 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
11 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
12 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
13 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
14 continue unimpaired in full force and effect.
15
16 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
17 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
18 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Florida Statute§ 380.05(11)and Florida Statute § 380.0552(9).
23
24 Section 7. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
26 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
27 Statutes, and after any applicable challenges have been resolved.
28
29 Section 8. Inclusion in the Monroe County Comprehensive Plan. The text amendment
30 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
31 amendment may be renumbered to conform to the numbering in the Monroe County
32 Comprehensive Plan.
33
34 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
35 above.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
38 Florida, at a regular public meeting held on the 21 s'day of April 2021.
39
40 Mayor Michelle Coldiron Yes
41 --- Mayor Pro Tem David Rice Yes
42 Commissioner Craig Cates Yes
43 Commissioner Eddie Martinez Yes
44 Commissioner Mike Forster Yes
45
46 BOARD OF COUNTY COMMISSIONERS
47 OF MONROE COUNTY, FLORIDA
48
Ordinance No. 005-2021 Page 19 of 20
File 2020-067
;l trOlk I \.0 A taol/
2 � ' < e MAYOR MICHELLE COLDIRON
3 ��-�.i ` Y�!
4 (SQ h FC>/ MONROE CO ATTORNEY
5 APPl9'T TO FORM
6TEST: IOK, CLERK y.-E
7 PETER MORRISASSISAT
8 AS DEPUTY CLERK Date- COUNTY ATTORNEY
Date: 4.5.21
9
a
11
.0
C t
i`
T •, C
r
Ordinance No.005-2021 Page 20 of 20
File 2020-067
I
KEY,W EST
The Florida Keys Only Deily Newspaper.EN 1.76
PCtaw IWO,,Kay~FL 33021
P:(ZIM)202-rn)eel.are F.005)2954015
1Xak®Fayinevn.mm
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 138894 Ticket: 385835
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [Iegal.teM]
Before the undersigned authority personally appeared
S �/Uh.)'S 4/1 )( who on oath says mat he or she is
44'I 6)12t J/dyeP of the Key West Citizen,a daily
newspaper pubfishe5 in Kpy West,in Monroe County,Nelda;that the attached
copy of advetisment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday,April 4,2021
rci says that the Key West Citizen is a newspaper published in Key
West.
lin said Monroe County,Florida end that the said newspapers has hereto-
fore been contMrduslY pudished in sad Monroe County,Florida every day,and
has been entered as periodicals matter at the post office In Key Nest in sad
Monroe County,Fonda,fore period of 1 year next preceding the first publication
of the attached copy of advertisement end alfiant further says that he or she hes
nei a nor. . .... .fly Person,firm or usporauon any discount,rebate,
n or : nd for• purpose of securing this advertisement for pudica-
Ihi' a �f/
('- Li .of..7•1•' ,.
Afi. 'ue bit a Nrpe me this 16th day of April 2021
C ip t
Notary uo N ) (Notary Seal)
My commission expires 03)d.c/a-( ( /3
Personally Known 1L Produced Identification
Type of Identification Produced
...fled
y �py% Notary Pudm State of Fora
seSYj
MiSrymWeecho H :K<532
p� My Ooze n
9q di tapes 0e12520 i J)
MONRCECCPL 3s 305615 1 pal I NIWI 127 PM
•
MONROE COUNTY BOARD DP
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING •
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21, 2021
NOTICE M IIESY OMEN that on Weawby,Apes IN,SON OM Masao*Coen Been es.Carnty
Commissioners NM holds Pink Meats,ba ning et OFAOAM.The BDCC awtngv.A be a NNW lamat
with the County Cwalloim members meeting Ma Marathon,while le public MN be able to pNdpale w
Zoom Webkar.The following Items wit W considered eta PUBLIC MEETING:
PUBLIC HEARINGS:120 PM(or es eon thereafter ee may be Maeda
AN ORMNANr'F BY THE MONROE COUNTY BOARD OF COUNTY COMMUISI WI.,4 ADOPTING
AMENDMENTS TO THE M0NROE COUNTY 2030 COMPREHENSIVE PLAN AMENONO THE FUTURE LAND
USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT MID AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BULLING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSNG NITIATIVE
(WORKFORCE INMATNE)AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION MID THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELL ASCWIFYNG POLICIES
101.2.2, 1012A, 101.3.1, 101.3.2,101.3.3, 101.3.4, 101.3.10, 1012.11,501.1,OOI.1:1,101.12,601.1.s.
601.1.11,601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE TEMPO WORKFORCE
INITIATIVE REMAREMENTS;PROVIDING FOR SEVERABILITT PROVIDING FOR REPEALOF CCWLICTNO
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND,MANNING AGENCY AND THE
SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
PROVIDING FOR MI EFFECTIVE DATE. (FILE 2O20-067)
AN ORDNANCE BY THE MONROE COUNTY BOARD OF COUNTY COSINIMIGNIENI4�n�MOPING
MO AMENDMENTS TO THE eI L COUNTY LAND DEVELOPMENTCODE AMENDING THE$ECTNDI138-24,
RESIDENTNL ROGO ALLOCATIONS,TO ESTABLISH A NEW BUILDING FERMI'ALLOCATION CATEGORY
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING PE0MTM1AUTIONS
PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING NRMINE MhORKFONUE INITIATIVE
AU m!SI2E0 EY THE FLORIDA AC/MINIMA/CNN COMMISSION AND THE Fl.OMDA DEPARTMENT
ECONOMIC OPPORTUNITY AND TOESTPBLISH THE SPECIFIC WORKFORCE INITIATIVE REQUIREMENTS:
PROVIDING FOR SEVERABILITY:PROVIDING FOR REPEAL OF OOFFLICFING PROVISIONS:
FOR TRANSMITTAL TO THE STATE LAND PLANNIN GGGENCY AND MEBEdETARY CIF STATE;
FOR AMENDMENT TO MID INCORPORATION IN THE MONROE COUNTY LAND DEVElnnAENT CODE;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-088)
Plow Halt the Monroe Canty WKS at MINONDERIMERIISAM/oi"NOV agenda rgdNN,and
MIorme �ww he earn.agenda Senn
n able to thean pane lO New Its Mw ntrg and/or
make public
Pursuant to Seats 286.0105 FMIpaSamay If person deSVO to appal an decision of the Bond of
CountyCo mnissio ers,with respect to anymatterconnedat file NMI"be leenrg,be or she"needs
record or de proceedings.end that for such purpose.he or she may need to snare a HWelim Tared of the
proceedings is made,wrath record Includes me lesimony S evidence upon Sdrn the appeal u to be based
ADA ASSISTANCE N you are a person NM a mablb Mg needs gaols.eceewadaeons M agar
to pnnNNean by Oa poa.OYg,Para amine DM County MIWiMw.Office,by Phoning O0W
292-4441,Shrew the how Maw a.m.-ENO Pm.,no Gar than Its(Al malodor eats Prior to the
stlaeuled meeting'you are hearing or sub ngsbed,cs11711.•
Aw vm, rev Mc:San
:. °;. , Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of State
Administrative Code& Register
500 S Bronougb Street
Tallahassee F7.32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 0)5-2021 adopting amendments to the
Monroe County 2030 Comprehensive Plan amending the Future Land Ilse Element and the
Housing Element to establish a new building permit allocation category to accept and award 300
workforce housing early evacuation unit building permit allocations pursuant to the Workforce-
Affordable Housing Initiative (Workforce Initiative) authorized by the Florida Administration
Commission and the Florida Department Economic Opportunity by amending as well as clarifying
Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,
601.1.2, 601.1.8, 601.1.11, 601.5.1 and creating new Policy 101.3.12 to establish the specific
workforce initiative requirements; providing for severability; providing for repeal of conflicting
provisions; providing for transmittal to the State Land Planning Agency and the Secretary of State;
providing for amendment to and incorporation in the Monroe County Comprehensive Plan;
providing for an effective (late. (File No. 2020-067)
This Ordinance was adopted by time Monroe County Board of County Commissioners at a
regular meeting, held in toned session, on April 21, 2021. Should you have any questions please
feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-o ficio to the Monroe County
Board of County Commissioners
by:Pamela C. Hancock, D.0
cc: Planning& Environmental
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 3, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005-2021, which was filed in this office on April 30,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270