Ordinance 006-2021 1
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3
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO.006-2021
10
11 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
12 RECOMMENDING APPROVAL OF AN ORDINANCE BY MONROE
13 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
14 AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT
15 CODE AMENDING THE SECTION 138-24, RESIDENTIAL ROGO
16 ALLOCATIONS, TO ESTABLISH A NEW BUILDING PERMIT
17 ALLOCATION CATEGORY TO AWARD 300 WORKFORCE HOUSING
18 EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS
19 PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING
20 INITIATIVE (WORKFORCE INITIATIVE) AUTHORIZED BY THE
21 FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA
22 DEPARTMENT ECONOMIC OPPORTUNITY AND TO ESTABLISH THE
23 SPECIFIC WORKFORCE INITIATIVE REQUIREMENTS; PROVIDING
24 --- - --- - --FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
27 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
28 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
29 EFFECTIVE DATE. (FILE NO. 2020-068)
30
31
32 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
33 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
34 health, safety, and welfare of the County's citizens; and
35
36 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
37 designation as area of critical state concern, establishes the intent to"ensure that the population of
38 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)(j), and requires that
39 amendments to each local government's comprehensive plan to include "goals, objectives, and
40 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
41 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
42
43 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
44 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane
45 evacuation and to protect the significant natural resources of Monroe County, as required by the
46 State of Florida; and
47
Ordinance No.006-2021 Page I of 12
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1 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
2 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
3 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
4 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
5 rental occupants evacuate in the early phase (48-hour window)of a hurricane evacuation; and
6
7 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
8 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
9 existing staged evacuation plan)can be accomplished in 17.5 hours,leaving additional capacity of
10 6.5 hours in Phase I; and
11
12 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
13 by geographic and environmental features,housing supply limited by controlled growth(including
14 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
15 lower paying service-sector employment; and
16
17 WHEREAS, the need to protect and preserve an adequate inventory of
18 affordable/workforce accessible housing is a continual as well as a growing challenge in the
19 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
20 housing units throughout the Florida Keys; and
21
22 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
23 (`BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
24 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
25 related to the enforceability of the evacuation provisions; and
26
27 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
28 but took no official action; and
29
30 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
31 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
32 Development Code amendments to: fl Move a portion of market-rate ROGO units to the
33 affordable housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by
34 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
35 Evacuation model; and
36
37 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
38 a comprehensive plan and land development code amendment to: 13 Move a portion of the 378
39 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
40 Housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by the DEO
41 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
42 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
43 to start the process to accept the 300 workforce housing units; and
44
45 WHEREAS,on July 15,2020,during a discussion item on potentially shifting market rate
46 allocations to the affordable housing pool, the BOCC provided further direction to staff on
47 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC
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1 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
2 be used in exchange for existing affordable allocations at multifamily developments (for
3 developers that agree to the early evacuation restriction) and the affordable housing allocations
4 returned to the County(returned in the exchange)be set aside and banked for takings cases (bank
5 them within an administrative relief pool); and
6
7 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
9 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
10 manage land use and development; and
11
12 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
13 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
14 2020; and
15
16 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe County
17 Planning Commission held a public hearing for the purpose of considering the proposed
18 amendment and provided for public comment; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 30-20,
21 recommending approval for the proposed amendment,with edits identified in the resolution; and
22
23 WHEREAS, at a regularly scheduled meeting held on April 21, 2021, the Monroe County
24 Board of County Commissioners held a public hearing, considered the staff report, and provided
25 for public comment and public participation in accordance with the requirements of state law and
26 the procedures adopted for public participation in the planning process; and
27
28 WHEREAS, based upon the documentation submitted and information provided in the
29 accompanying staff report, the Monroe County Board of County Commissioners makes the
30 following findings of fact and conclusions of law:
31
32 I. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development
35 for the Florida Keys Area of Critical State Concern,Florida Statute § 380.0552(7); and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
37 and
38 4. The proposed amendment is necessary due to new issues and the need for additional
39 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
40 Code.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
45 Section I. Recitals and Letislative Intent. The foregoing recitals and statements of
46 legislative intent are true and correct and are hereby incorporated as if hilly stated herein.
47
Ordinance No.006 -2021 Page 3 of 12
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Section 2.The Monroe County Land Development Code is hereby amended as follows:
2
Proposed Amendment: deletions are sbiekcn rmigh; additions are shown in underlined.
3
4
5 Sec. 138-24.- Residential ROGO Allocations.
6 (a) Number of available annual residential ROGO allocations. The number of market rate
7 residential ROGO allocations available in each subarea of the unincorporated county and the
8 total number of affordable residential ROGO allocations and workforce housing early
9 evacuation unit allocations available countywide shall be as follows:
10
_ Number of Dwelling Units
Subarea ROGO Years: ROGO Years:
July 13,2020-July 12,2021 July 13,2023-July 12,2024
July 13,2021-July 12,2022 July 13,2024-July 12,2025
July 13,2022-July 12,2023 July 13,2025-July 12,2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
Affordable Dwelling Units
Very Low,Low,and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
Workforce Initiative 300**
** Workforce 'musing early evacuation unit allocations shall be distributed on a first-come first-serve
basis. Requests or dwellim units developed and or deed-restricted utilizing the workforce housinu early
evacuation unit allocations are signed to to theprovisions of Policy 101.3.12 and Section I3g-24(c).
11
Annual Allocation
ROGO Year Workforce Affordable
Market Rate Initiative Housing
July 13,2013—July 12, 2014 U: 61,L:57,2BPK/NNK: 8 71
126
July 13,2014—July 12, 2015 71
U: 61,L: 57, BPK/NNK: 8
July 13,2015—July 12,2016 126 N/A
U: 61,L: 57,BPK/NNK: 8
July 13,2016—July 12,2017 126
U: 61,L: 57,BPK/NNK: 8
July 13, 2017—July 12,2018 126
Ordinance No.006-2021 Page 4 of 12
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U: 61,L: 57,BPKJNNK: 8
126 126 568 total AFH
July 13,2018-July 12, 2019 U: 61,L: 57, BPKJNNK: 8 (total available
immediately)
July 13,2019-July 12,2020 126
U: 61,L: 57, BPK/NNK: 8
64
July 13, 2020-July 12,2021
U: 31,L:29,BPKMNK:4
July 13, 2021-July 12,2022 64
U: 31,L:29,BPK/NNK: 4
64
July 13,2022-July 12, 2023
U:31,L:29,BPK/NNK: 4
July 13,2023-July 12, 2024 62 300**
U: 30,L:28, BPK/NNK:4
July 13,2024-July 12,2025 62
U: 30,L:28,BPKMNK:4
July 13,2025-July 12,2026 62
U: 30,L:28,BPK/NNK:4
TOTAL 1,260 300** 710•
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP)ending in 2023.
" Workforce housing early evacuation Will allocations shall be distributed on a lirst-conie first-serve
basis. Requests for dwelling units developed and/or deed-restricted utilizing the workforce housing early
evacuation unit allocations are subject to the pros isions of Policy 101.3.12 and Section 138-24(e).
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower rate of annual allocations for market rate
4 development to extend the allocation timeframe to 2026 without exceeding the total of 1,970
5 allocations. By July 12, 201 R2023. if substantial financial support is provided by State and
6 Federal partners, the County may reevaluate the ROGO distribution allocation schedule and
7 consider an extended timeframe for the distribution of market rate allocations. If necessary,
8 Monroe County will request a Rule change from the Administration Commission to authorize
9 an alternative allocation timeframe and rate.
10 (I) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
11 rate residential ROGO allocations available per ROGO year. Affordable ROGO
12 allocations and workforce housing early evacuation unit allocations shall be available for
13 countywide allocation except for Big Pine Key and No Name Key. The allocations for
14 Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
15 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
16 Conservation Plan.
17 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of
18 market rate housing residential ROGO allocations available per ROGO quarter
19 determined by the following formula:
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1 a.Market rate residential ROGO allocations available in each subarea per quarter is equal
2 to the market rate residential ROGO allocations available in each subarea divided by
3 four.
4 b. Affordable housing residential ROGO for all four ROGO quarters, including the
5 allocations available for Big Pine Key, shall be made available at the beginning of
6 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
7 remaining affordable housing residential ROGO allocations shall be made available
8 for award.
9 c. Workforce Initiative allocations shall be made available at the beginning of the first
10 quarter of ROGO year July 13. 2021—July 12, 2022. All allocations shall be
11 available for award, and shall he distributed on a first-come first-serve basis.
12 Requests for workforce housing early evacuation unit allocations shall require a
13 reservation via BOCC resolution.
14 (3)Ratio of vety low income, low income, and median income allocations to moderate income
15 allocations. The Planning Commission may amend these proportions for affordable
16 housing during any ROGO quarter.
17 (4)Big Pine Key and No Name Key.
18 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
19 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
20 Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
21 species,which may affect ROGO allocations under this article.
22 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
23 permit allocations that may be awarded in Tier I shall be no more than one(1)every
24 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
25 owner attempting to develop his property may be granted an allocation through the
26 ROGO process that may be used once that property owner obtains all required
27 permits and authorizations required under the Endangered Species Act and other
28 applicable federal and state laws. The allocation will remain valid so long as the
29 applicant diligently and in good faith continues to work with USFWS to conclude
30 the coordination and pick up a building permit.
31 (5)Limit on number of allocation awards in Tier I.
32 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
33 be no more than one (1) every two(2) years.
34 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
35 more than three(3).
36 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
37 more than three(3).
38 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
39 138-26 for awarding of affordable housing allocations or workforce initiative (workforce
40 housing early evacuation unit) allocations, the BOCC may reserve by resolution some or all
41 of the available affordable housing allocations or available work wee initiative allocationsfor
42 award to certain sponsoring agencies or specific housing programs consistent with all other
43 requirements of this chapter. Building permits for these reserved allocations shall be picked
44 up within six months of the effective reservation date, unless otherwise authorized by the
45 BOCC in its resolution.The BOCC may,at its discretion,place conditions on any reservation
46 as it deems appropriate. These reservations may be authorized by the BOCC for:
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1 (1)The county housing authority,nonprofit community development organizations,pursuant
2 to Section 139-1(e), and other public entities established to provide affordable housing
3 by entering into a memorandum of understanding with one or more of these agencies;
4 (2) Specific affordable or employee housing projects participating in a federal/state housing
5 financial assistance or tax credit program or receiving some form of direct financial
6 assistance from the county upon written request from the project sponsor and approved
7 by resolution of the BOCC;
8 (3)Specific affordable or employee housing projects sponsored by nongovernmental not-for-
9 profit organizations above upon written request from the project sponsor and approved
10 by resolution of the BOCC;
11 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
12 procedures and guidelines as may be established from time to time by the BOCC;
13 (5) Specific affordable or employee housing projects by any entity, organization, or person,
14 contingent upon transfer of ownership of the underlying land for the affordable housing
15 project to the county,a not-for-profit community development organization,or any other
16 entity approved by the BOCC, upon written request from the project sponsor and
17 approved by resolution of the BOCC; or
18 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
19 workplace for the tenants of these projects,upon written request from the property owner
20 and approved by resolution of the BOCC; or-
21 (7)Workforce initiative housing projects, pursuant to Policy 10I.3.I 2 and Section 138-24(e)
22 that require Occupants to evacuate in Phase I of the 48-hr evacuation of a pending major
23 hurricane. are restricted to rental occupancy. and for those who derive at least 70% of
24 their income as members of the workforce in Monroe County and who meet the affordable
25 housing income categories of the Monroe County l and Development Code.
26 (c)Affordable housing allocation awards and eligibility.
27 (1)The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
28 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
29 of a ROGO year shall be made available for affordable housing for the next ROGO year.
30 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
31 designated area, within a V-zone on the county's flood insurance rating map, or within a
32 Tier III-A(special protection area)designated area.
33 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
34 housing ROGO allocations may be awarded to Tier I or Tier III-A properties which
35 meet all of the following criteria:
36 a. The property contains an existing market rate dwelling unit that meets the criteria in
37 LDC Section 138-22(a)and is determined to be exempt from ROGO;
38 b. The proposed replacement affordable dwelling unit meets current Florida Building
39 Code and is not a mobile home;
40 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
41 99 years as affordable housing pursuant to the standards of the Land Development
42 Code;
43 d. The proposed site plan for the replacement affordable dwelling unit does not propose
44 any additional clearing of habitat; and
45 e. The structure is not proposed to be within a V-zone on the county's flood insurance
46 rating map.
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1 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.No
2 affordable housing allocation may be used on No Name Key.
3 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
4 unit unless such dwelling unit:
5 (I)Has a dwelling unit allocation award; or
6 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
7 vested pursuant to Section 138-22.
8 (c) Workforce Initiative allocation awards,el1216111ty and requirements.
9 (I) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new
10 allocation category to award 300 workforce housing early evacuation unit building permit
11 allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce Initiative).
12 The Workforce-Affordable Housing Initiative will require dwelling units constructed and/ or
13 deed restricted with workforce housing early evacuation building permit allocations to
14 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane.
15 (2) Dwelling units developed and/or deed restricted utilizing the workforce initiative
16 allocations are subject to the following:
17 a- Requests for workforce housing early evacuation unit allocations shall be available only
18 for a I for I exchange for affordable allocations/exemptions and require a reservation
19 via BOCC resolution. The BOCC may, at its discretion. place conditions on any
20 reservation as it deems appropriate.The BOCC may,at its discretion,exchange existing
21 reserved affordable allocations for allocations under the Workforce Initiative to private
22 development and nonprofit sector partners willing to meet the requirements of the
23 workforce housing early evacuation unit allocations. Further, the BOCC may, at its
24 discretion, approve the exchange of existing deed-restricted affordable housing units
25 (lawful affordable exemptions) at existing multifamily residential developments for
26 allocations under the Workforce Initiative to private development and nonprofit sector
27 partners willing to meet the requirements of the workforce housing early evacuation
28 unit allocations.
29 I. The affordable allocations returned to the County in exchange for workforce
30 housing early evacuation unit allocations shall be banked and used for future
31 administrative relief, beneficial use determinations and to resolve inverse
32 condemnation cases and Bert J. Harris- Jr. Private Property Rights Protection Act
33 cases.
34 2. To maintain consistency with Rule 28-20.140(2)(b), F.A.C.. the affordable
35 allocations returned to the County shall be maima fined as affordable allocations and
36 shall also he returned to the original affordable housing income category (very
37 low/low/median income vs. moderate income pool).
38 3. The worklbnx housing early evacuation unit allocations must be utilized based on
39 the original approved affordable housing income category or a lesser income
40 category.
41 4. Administrative relief means actions taken by the County granting the owner of real
42 properly relief from the continued application of the Rate of Growth Ordinance
43 (ROGO) restrictions provided they meet the criteria established in the
44 Comprehensive Plan and l-and Development Code.
45 5. Beneficial use means the use of property that allows an owner to derive a benefit
46 or profit in the exercise of a basic property right. For the purpose of this policy,
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1 beneficial use shall mean the minimum use of the property necessary to avoid the
2 finding of a regulatory taking under current land use case law.
3 b. The construction old well ing units. the redevelopment or the deed restriction of existing
4 dwelling units utilizing work three housing early evacuation unit allocations shall
5 require approval of a resolution approving a contract between the BOCC and the
6 applicant to officially exchange the allocations and confirm compliance with the
7 requirements Workforce Initiative.
8 c. All workforce housing early evacuation units require a deed-restriction ensuring:
9 I. Before any building permit may be issued for any structure, portion or phase of a
10 project subject to the Workforce Initiative.a restrictive covenant shall be approved
11 by the Planning Director and County Attorney and recorded in the Office of the
12 Clerk of the County to ensure compliance with the provision of this section running
13 in favor of the County and enforceable by the County and, if applicable. a
14 participating municipality. The following requirements shall apply to these
15 restrictive covenants:
16 i. The covenants for any workforce housing early evacuation units shall be
17 effective for 99 years.
18 ii. The covenants shall not commence running until a certificate of occupancy
19 has been issued by the Building Official for the-dwelling unit or dwelling
20 units to which the covenant or covenants apply.
21 iii. For existing dwelling units that are deed-restricted as workforce hots
22 early evacuation units. the covenants shall commence running upon
23 recordation in the Official Records of Monroe County.
24 2. The covenants shall require that the workforce housing early evacuation units to be
25 restricted to rental occupancy for those who derive at least 70%of their income as
26 members of the workforce in Monroe County and who meet the affordable housing
27 income categories of the Monroe County Land Development Code.The occupants
28 are required to annually verify their employment and income eligibility.
29 3.The covenants shall require occupants to evacuate in Phase I of the 48-hr evacuation
30 of a pending major hurricane. Persons living in the workforce housing early
31 evacuation units who may be exempted from evacuation requirements are Ihmited
32 to law enforcement- correctional and fire personnel, health care personnel, and
33 public employees with emergency management responsibilities. If there is an
34 occupant that indicates their employment is considered a 'first-responder position'
35 and not included in the list of exemptions above, then the Planning Director shall
36 determine, in writing, whether the person may be exempted because of a
37 requirement to remain during an emergency. Any person claiming exemption
38 under this provision shall submit of an affidavit of qualification and faithfully
39 certify their status with the onsite properly management.
40 4. The covenants shall require rental agreements which comain a separate disclosure
41 requiring rental occupants to acknowledge the existing restrictive covenant on the
42 unit requiring evacuation in Phase I of the 48-hr evacuation and that failure to
43 adhere to the Phase I evacuation requirement could result in severe penalties.
44 including eviction, to the occupant.
45 5. The covenants shall require onsite property managers and a separate employment
46 disclosure requiring the maintenance of training in evacuation procedures and an
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1 acknowledgement that failure to adhere to the Phase I evacuation requirement
2 could result in severe penalnes, including termination.
3 d. Workforce housing early evacuation units shall he restricted to rental occupancy for
4 those who derive at least 70%of their income as members of the workforce in Monroe
5 County and who meet the affordable housing income categories of the Monroe County
6 Land Development Code. Workforce means individuals or families who are gainfully
7 employed supplying goods and/or services to Monroe County residents or visitors.
8 e. Workforce housing early evacuation units shall require onsile property management
9 with property managers trained in evacuation procedures and required to manage the
10 evacuation of tenants in Phase I of an evacuation. During traditional working hours.
11 the property manager must he at an office within the workforce housing early
12 evacuation unit development subject property. Outside the traditional working hours.
13 the property manager must be available at all times to respond to evacuation orders.
14 I. The property management entity for the workforce housing early evacuation units shall
15 be required to annually verify the employment and income eligibility of tenants; report
16 the total units on the site, the occupancy rates of units, and tenant compliance with the
17 requirement to evacuate the units in Phase I of an evacuation including the number of
18 occupants that are exempt from the evacuation requirements. The property
19 management entity must submit a report to the Planning and Environmental Resources
20 Department by May I of each year. Further,each lease and this annual report shall be
21 kept by the property manager and be available for inspection by the County during
22 traditional working hours.
23 g. Workforce housing early evacuation units shall he located within an area designated as
24 Tier III.
25 Ii. Workforce housing early evacuation units shall not be located in the V-Zone or within
26 a Coastal Barrier Resource System (CBRS).
27 i. Workforce housing early evacuation units shall be located on a property which has all
28 infrastructure available (potable water, adequate wastewater treatment and disposal
29 wastewater meeting adopted LOS. paved roads, etc.).
30 j. All workforce housing early evacuation units must demonstrate compliance with all
31 applicable federal standards_for accessibility for persons with disabilities (ADA
32 Compliance).
33 k. To the greatest extent practicable, a development utilizing workforce housing early
34 evacuation unit allocations skill incorporate sustainable and resilient design principles
35 into the overall site design and be accessible to employment centers in Key West.Stock
36 Island and Marathon.
37
38
39 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
40 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
41 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
42 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
43 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
44 administrative proceedings, at trial,in bankruptcy,and on appeal.
45
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1 Section 4. Inconsistency, Partial Invalidity, Severabiity, and Survival of Provisions.
2 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
3 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
4 unenforceability of such provision, or any portion thereof; shall neither limit nor impair the
5 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
6 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
7 continue unimpaired in full force and effect.
8
9 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
10 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
11 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
12 which has been repealed thereby.
13
14 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by Florida Statute § 380.05(11)and Florida Statute § 380.0552(9).
16
17 Section 7. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
18 of Florida but shall not become effective until a final order is issued, according to Florida Statute
19 § 380.05(6),by the Florida State Land Planning Agency or Administration Commission approving
20 the Ordinance, and if the final order is challenged, until the challenge to the final order is resolved
21 pursuant to Chapter 120, Florida Statutes.
22
23 Section 8.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
24 be included and incorporated in the Monroe County Code, as an addition to amendment thereto,
25 and shall be appropriately renumbered to conform to the uniform marking system of the Code.
26
27 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
28 above.
29
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
31 Florida, at a regular meeting held on the 21"day of April 2021.
32
33 Mayor Michelle Coldiron Yes
34 Mayor Pro Tem David Rice Yes
35 Commissioner Craig Cates Yes
36 Commissioner Eddie Martinez Yes
37 Commissioner Mike Forster Yes
38
39
40
41 BOARD OF COUNT • 14 14 LONERS
42 OF MON E,i1,(td FLO
43 ?POP
44 BY:
45 MAYOR MICHELLE COLDIRON
46
Ordinance No. 006-2021 Page 11 of 12
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PETER MORRIS
ASSISTANT COUNTY ATTORNEY
5 AS DEPUTY CLERK Date: 4.5.21
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Ordinance No.006-2021 Page 12 of12
File 2020-068
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iaITIZtR
The Forge Keys Only Daily Newspaper,Est 11376
PO Box 18%Kay Weil FL 33041
P(306)292-1777 exl.219 F.(305)2958025
190a9®Nysrwua corn
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket:385835
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally aPPeared
5 �7fN)�' �/J/zi&V .who on oath says that he or she is
/ILI L�FLLu7'/Ogee7 of the Key West Citizen,a daily
newspaper publi in West,in Monroe County.Florida;that the attacn,M
copy of adve'tsment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday,April 4,2021
--• "er says that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County.Florida every day.and
has been entered as periodicals matter al the post office in Key West,in said
Monroe Canty,Florida,for a period of I year next preceding the first publication
of the attached copy of advertisement;and Orient further says that he or she has
uid nor• • .ny person,firm of corporation any discount rebate,
• n or re, , purpose of searing this advertisement fa publics
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AIR�.. y..-'...before me tea Ian day of April 2021
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MONROE COUNTY BOARD t F •
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 HEROY MIEN that on YINInsed.a ARM 21,20 11M Memos Camay Board ci County
Comeamlonera we hold AP:DUG Meawp,CN1m@q at 22ODAM.The BOLO mailing wll be.lybrkl format
wM the County Cm•1YIm members meeting Es In Marathon.Maori pubic orsbe Wle to paf dpate vie
Zoom Wetow.The Meowing Items WV be coMMeled et a PUBLIC MEETING:
PUBLIC HEARINGS:1:30 PPE"es soon mme:Mx as may IN Mena:
Ni ORDNANCE BY THE MONROE COUNTY BARD OF COUNTY COT- ' ADOPTING
AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENCNG THE FUTURE LAND
USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT MID AWARD 300 WORKFORCE HOUSING Eby EVACUATION UNIT BUILDING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING WIIATWE
(WORKFORCE MTMTNE)AUTHORIZED BY THE FLORIDA ADM20.STMTION COMMISSION MID THE
FLORIDA DERARIMENT ECONOMIC OPPORTUNITY BY MAENONG AS WELL ASCLARFYNG POLICIES
1012.2, 1012.4, 101.3.1, 101.32.1b1.3.3, 101.34, 1012,10.101.3.11,801.1,101.1.1,1301.12,101.1.8,
601.1.11.601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESDIBISH THE SPECIFIC WORKFORCE
INITIATIVE REOIIPEICfl S:PROVIDING FOR BEV ERABILITM PROVIDING FOR IEPEAL OF CONFLICTING
PROVISIONS: PROVIDING FOR TRANSMITTAL TO THE STATE LAC.PLANNING AGENCY.AND THE
SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSWE PLAN:
PROVIDING FOR M EFFECTIVE DATE. (FILE 2020-087)
M ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY ADOPTING
AMENDMENTS TO THE MDNOECOUNTY LAND DEVELOPMENT COCEAMECIGTNE . ..138-24.
_..-..-.—_ REBIUENTVIL HOGO ALLOCATIONS,TO ESTABLISH A NEW BUILD2IGPERMITALLOO ONt.AIEGORy
TO AWARD 303 WORKFORCE HOUSING EARLY EVACUATION(MT BUILDING PERMIT MLOCA110418
PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING tilfATNE LVICP((FO DE BIPIAT1VE
AU:rt*IZED SY THE FLORIDA A IRINIST AnOI COMMISSION YID TIE FLOODA ERUOMENT
ECONOMIC OPPORTUNITY AND TO ESTABLISH THE SPEOO WORKEOFICEINITATTMRODUIREMENTE4
PROVIDING FOR SEVERABILTY,PROVIDING FOR REPENT OF COFNGMIG PROVISIONS;p1p.OP4G
I.B FOR TRANSMITTAL !JAMMING A-TO THE STATE LANDAGENCYANDTHEBEOPEMRY OFGTATE:PPOVI O
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CO :E
PROVIDING FOR AN EFFECTIVE DATE, (FILE 2020-088)
Please visit the Monroe Co.,tyWAG Re at smanashigathattopp M malkig a2bNs updates tad
k.fon, ten r.DsdWig the Lades available to the pub*W Maw the N en o woofing d/«to
make public comment on certain Mints.
Pursuant to Sedan 286.0105 Flores SIMS%I a hereon SONS M t{pS NV afcl•kin of the ENE of
Coon Commissioners,with rasped to em'mneer considered at lwtmeNlp orheeNp,hew-she Wingeda
record antra proceed'rps,and that.for such Purpose.he or die may need to Inane semdm,scdof me
proceedings is made.with scud Preludes the benmonre evidence upon*Po,the appeal is to b band
ADA ASSISTANCE.N you m a parson with P moblD who mods spacial r •M odor
to MdeMat.FMb Pool II Ne•oe contsef the County AdNWMas Office.by pfonklg PON)
2N4411,between the hours of 8:00 am.-RW am.,no Astor than IRA TN eabnder days prior to the
mhed&Nd mallets E you am Ilaarap combo bpMod W'711.
API S.en, M ft.cumin
44t'-N Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee Fl.32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 006-2021 adopting amendments to the
Monroe County Land Development Code amending die Section 138-24, Residential ROGO
Allocations, to establish a new building pemnit allocation category to 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 and to establish the specific workforce initiative
requirements;providing for severability; providing for repeal of conflicting provisions; providing
for transmittal to the State laid Planning Agency and die Secretary of State; providing for
amendment to and incorporation in the Monroe County Land Development Code; providing for
an effective date. (File No. 2020-068)
This Ordinance was adopted by die Monroe County Board of County Commissioners at a
regular meeting, held in formal 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-oflicio to die Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
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
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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. 006-2021, 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
Final Order No. DEO-21-029
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION l=
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 006-2021
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 006-2021
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 006-2021 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on April 21, 2021 and rendered to
the Department on May 24, 2021.
3. The Ordinance amends the Monroe County Land Development Code(the"Code")
by adding the subsection "Workforce Initiative allocation awards, eligibility and requirements"to
Section 138-24, "Residential ROGO Allocations." The Ordinance establishes a new allocation
category consisting of 300 workforce housing early evacuation unit building permit allocations
pursuant to the Workforce-Affordable Housing Initiative("Workforce Initiative"). The Ordinance
also establishes specific requirements for the eligibility and awarding of the Workforce Initiative
allocations.
CONCLUSIONS OF LAW
1
Final Order No. DEO-21-029
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policies
101.2.2, 101.3.2, and 101.3.12.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through
sound economic development.
(I) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a postdisaster
reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
2
Final Order No. DEO-21-029
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 006-2021 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
mes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
3
Final Order No. DEO-21-029
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@D EO.MYFLORI DA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-21-029
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 2 3 day of 7U I y , 2021.
i //ni
A lency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Michelle Coldiron, Mayor
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
5