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Item R3
R.3 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting May 19, 2021 Agenda Item Number: R.3 Agenda Item Summary #3134 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 PUBLIC HEARING 1:30 PM AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance by the Monroe County Board of County Commissioners amending the Monroe County 2030 Comprehensive Plan Glossary to modify the definition of Accessory Use or Accessory Structure, modify the definition of Dwelling Unit, delete the definition of Family, modify the definition of Household, create a definition for kitchen, create a definition for Lock-out Unit, modify the definition of Transient Unit; create a definition for wet bar; and amending Policy 101.3.5 to address the term Lock-out Unit. (File 2019-098) ITEM BACKGROUND: On January 20, 2021, the BOCC field a public hearing and adopted Resolution 039-2021 to transmit the✓ proposed amendments to the Department of` Econo nic Opportunity (DEO) to review the proposal, DEO reviewed the amendment and issued an Objections., Recommendations and Comments (ORC°) report, received by the County on April 2, 2021. The OR.0 report stated, "the DeperrRtlnent does not dent fy,cw nth/ections or~c�ctr��r��ents to the der~opose d crr��en dry ent." This is the second required public bearing on the proposal, for the BOCC to consider adoption of the proposed Comprehensive Plan text amendment and submittal to DEO again for a compliance review. No changes have been made to the amendment, ent, The Monroe County Planning & Environmental Resources Department is proposing amendments to the 2030 Comprehensive Plan Glossary and Policy 101.3.5. The Monroe County Year 2030 Comprehensive Plan became effective on June 20, 2016. The County's updated Land Development Code became effective on February 3, 2017. The previous 2010 Comprehensive Plan did not include any definitions, but a glossary was added with the 2030 update. The 2010 Land Development Code included definitions which were amended with the adoption of the updated Land Development Code. Both documents include a definition for Packet Pg. 2488 R.3 family and household. Neither document includes a definition of"lock-out." In February 2017, the Board of County Commissioners directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. The BOCC discussed the use of a"lock-out" (a separate, independent living space)within a dwelling unit - for concerns with developing without a ROGO allocation and potentially circumventing density limitations. These discussions identified concerns that the use of "lock-outs" could/will create unintended impacts/consequences of additional units, vehicles, people and disturbances (noise complaints) and that the "lock-outs" are not in line with the state mandated Rate of Growth Ordinance (ROGO) process for maintaining hurricane evacuation clearance times. This discussion was a result of previous project approvals consisting the market-rate residential dwelling units, configured into "lockouts." To address the BOCC's direction on `lock-outs' and provide consistency with the existing, approved MOU between the County and Department of Community Affairs (DCA, now the Department of Economic Opportunity) that has been utilized since 1998, staff is recommending including the provisions of the MOU within the definition of"dwelling unit" to ensure that separate independent living areas are not created and creating a definition for"lock-out unit" to specify that lock-out units are separate independent living areas/habitable spaces and that will be considered a unit (dwelling unit and/or transient unit) which requires an additional ROGO allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or transient unit) when computing the allowable density on a site. Additionally, the BOCC directed staff to propose amendments to address applications with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit." Along with the proposed amendments to address "lock-out units," staff is proposing to delete the definition of"family," as the term does not appear to be utilized in the code (see exhibit 6 to the staff report) and does not appear necessary and because there is not a consistently used definition of family that covers the diverse composition of families. Additionally, staff is proposing to amend the definition of"household" to simplify the definition. The proposed amendments should address the concerns of the BOCC regarding impacts/consequences of lock-outs and the additional units, vehicles, people and disturbances (noise complaints) and the creation of"lock-out units" that are not in line with the state mandated Rate of Growth Ordinance (ROGO)process for maintaining hurricane evacuation clearance times. Excerpts of proposed amendments: Packet Pg. 2489 Lock-ouf wift naeans any str'uctu.re or rooni (-It, arout) of rootr,s or pot-tion of a shigle, family or ............................................................................................................................................................. multi-fiairnilv dwe.1JJ.ru_y or transie.j.'it inait w1iiel'i creates a separate indepeti-dient JAivi-ra area which ........................................................................ I... ........................................ ..................... ...... . ....................................................................... can be accessed and locked orkeyed sep-arately fbm:the pincij:).91. entr to .9 residential d vVelling ........................................................................................................................................................................................................ ........................ ................................................................................................................... ........... 111.11t or Wanstent ti.att., I ock-out un.j'As create a sep�qrito t�ncjepei�idort 1�njjlg �Ireajj'�Ibilable�Sycc. ....................................................................................................................................................................................................................... �vfidcli shall be coasidered a ullit L welthagg tui.i.T, aiixl/or rnu.,i.sietit wi,.il) w1licl-.1, re(' dditional ................................................................................................... ......................................................................................................... ............................... ........................................................ ROGO a1locatiori. o xvmr R GO e and Nvil be counted as a ftfll uni �Jwelhng i a—mit nd"or ........................................................................................................................................................Q......................... transient ualt. w1jen�coiril,'21 iI�Plhe alt"I'able density on a site. ........................................................ Diveffing Unit means one or more rooms physically arranged for occupancy by one household sharing common living, a i J. fq.j,,cooking), and baflarooni fo4e� facilities. Dwetfing inij.ts sli.111. I ............................................ ......................................— not inciu,de additional dvvellirw units, secon,dary &veffin tracts, lock-out. ti,nits, or another ........................................................ .. ............................. h,abitable strixtures that jiving area tLiat are occur�j I ed.. by a se-g-t- .................................................................................................................................... ..................................................... ................ house[i.old, �Nirhout ari additional ROGO allocatiori- or ROGO ex�e'o,uition. In reviewino devel ....................................... g 417 e e (-C,'Ir �d ��elo-�naen�r..rUosals for d,Nvellin _ uni s., u nsu.r., . R-) JJT linivs, oj—a:it y_c)_rher habitable structi.ires that create a se,_pa�rate, ii�idqendei'a lwmsf area are not created. ffie prc ........................................................................................................................................................................................................ ........ ........... .............................................. ............................................................................................................................................................................ --posat . ..................... ......................... with the folk. J1. .................................................................... B I dg, I ockable. Unlackable Sel arate ................................................. ............................................................. Full Fall v'et V F H.a If .................... ..................... .................... ....................... Afloved " hatemal Internal - -------------- ......................... Kitrh-n 6 Dw- B afla Matt?-:. ...................................................... ............... con.nerfion Connecr.Jon.5 ...................z!.......... ................. ..................... . ....... .............................................. .............................................. x NA. NA x x NO .... ........... ........... ........... x NA. NA x x NO .... ........... ........... ........... ............... x NA. NA X, x ....... .................. .................. .... ......... ........ _.: I N ................. x N-A. NA X, x NO .... ........... ........... ........... x NA NA x YES x x x x NO ....... ........ ......... .... ........ .................. x x X, x NO ........... X11 x z x x YES x x X, x NO ....... ........ .... ......... ........ .................. yll x x x YES x x z x YES x x 17ES "G x x x YES ADD. .................... ... x x x NO ........... x z x x NO ........... x x x x NO ....... ........ ......... .... ........ .................. x x X, x NO ........... x x x x YES x x x YES X x YES x Packet Pg. 2490 I. .G........e......n.......e......n.....9..lNote:.....Not alljx�ssdblFroyd desg options shod} rid ofthuni.b. Wn o0ion. ... .... .... ..... .... .... .... ... ...allows a full kitcheii-, then-a wet bar is also 1"Lermittecl in1jace of or in addl'.6..)n to a flail k.itchen� or, if .............................................................................................................................................................................................................................................. .......................................................................................................................................................................................................................................................... a LILL il.,ice of or in ad(fition to a Titit bath, I ACC Attached or ulaaffached accesscav addition to )rh-161.1al &tructurexith no internal.conneetion-tcl .................................................................................................................................................................................................... ..................... the stlucture. May also be considlered a lock-out�,init, ........................................................................................ AE)D. ::::::: ACU16..)n to priticipal lid ..... ------------------------------------A J. Considered a lock-ouit tinit. ................................................................................................................................................... 3. A separate entrance is al entran.ce includina slidiriR alass doors. A ,, e i I e cevtion in L p ay be inade if the ennunce is into ali enclosed entrance_�hallllot Create lock-out .................................... ..................................... dinits, secorldar�,, dvvefiilarr umts� -alles"t units. donnitory or arl ` other habitable strv,ctuxes that create a .................................................................................. Ctl 1Z, area, derit livil__ 4.A lockable internal ecynilection exists whell either household can lock out the other pady ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ 5.Aji,unlockable internal counection exists when one p-mily caunot exclude the otllerpa�rty� An�(,, 11. avail .............................................................................................................................................................................................................................. .... ..... ....... ....... ............................................................................... a .................................. s an im F 'I alockAle 'nxenial comaection, A door o A -able internal coginectioll. To .............................................................!.].............................................................................................................9 9� ............................................................................................................ be an unlockable inlernal coo.l.i.ectio.n"the cased qjxening I'laust be 42 iriches or More ill .......................................................................................................................................................................................................... 6. A full kitcheti. is in f� o pr Daration facifif er than a �vet bar, Plunibirl,2 'stl,ib outs' shall be ............................................................................. .... ..... y .i d q2qr��� . .... ....... q.21 i sidered a kitch n, 7. A Yvet bar is, a f.ciod or drink preparation area finaited to a total counter s'j.irface area of 16 si uare feet .............................................................................................................................................................................. .............................................................................................................................................................................................................................................................................. ....... ....... ......c................................................. 0_T_)C11Wlil11_� a sink vvith, desian filn.it.aficms of one this and liniited to one )L5CL11a1"ejiot i"ll size vvit'll electrieltyinilite'l to I I o volt service. .8............Af......bill.......t........b.......��..,i....fl......i.........c......m.........)..t.....a.....i....n.......s..............at a.........n......a.....i........i.t.i...l.....u.......m..................q......s.....i....n......k...............to.i....l....e......t........a......n.....d.....b.............t....h...........or......s.....l...i....c....n.......v............r..............A..............h.......a......l....f........b........a.....t....h.....,.......a......t... ........i....n.......axi...n.......i...nni, raja contain as toilet and a sink. ................................................................................................................................................ .9..............Y.........E.........S................. delopnien .r.opossal;design.sign. ,t)ei D oe.d ....... p... � ................NO d.,n. elopi i.eiA J....Q.....Re ' trimcov eriant I iiiii till,a the unit to occl. pan by a siriale household servillk 0.1.11v as a inrit. Pro),osal canliot ereate lock:-,oul units, secondary slid,ellina unit`� guest llnits, (.101-11.1itol-, cm- arly other habitable strl,icture a fliat create ase e�_-Yarate�in.de.) ndent liv ing) are, a ..................................................................... occrwiecl t)-v a s-i'aarate aildl indi-11"endent household. . .............. 11. Litilited: to a into aja enclosed bad...mr(. ....................................................................................... c-ou.r.15,ard or i),00l area of the residetice. File seaarate entrance shall not create lock.-out units.,secondary divefl.i.112 units Lmest 111ifts. donnitory or ailv other habitable structures, that create �.i s.e3arate ............................................................................................................................................................... indq)endeirt hvin.2 area_ ................................................................................................. ..h* 4H t44 g �_ I-se�44iW_41a�rg g-.-and- ti'+.4et fait-444.4&L t weu+H-e4 a�e4 1-0e��I�_ 14le4W Household means all the people who occupy a e1well a1c, 4m, 1.g-unit. A. ht)i�qst�-14 in.-e4.B-de&4-pa., .................... .......... r Ifl-_ ' P.44. wit ' -eTff Qe&-�, 11+nt........ G1 a g '�Ied-ffir-a !+&M"t41,044-., PREVIOUS RELEVANT BOCC ACTION: On February 15, 2017, the BOCC directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. Packet Pg. 2491 R.3 On March 15, 2017, the BOCC adopted Resolution 087-2017 directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received applications that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the 365 day temporary moratorium described above. On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 365 day moratorium described above. On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365 day moratorium described above. This moratorium into effect in November 8, 2019 and runs through November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and effective, whichever comes first. On October 21, 2020, the BOCC held a transmittal hearing for the proposed Comprehensive Plan amendment to address lock-out units and voted to table the item. On January 20, 2021, the BOCC adopted Resolution 039-2021 transmitting the proposed text amendment to the State for review. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2019-098 ORDINANCE_Comp Plan_Lock-out_BOCC_ADOPTION State Review Comments on CP Amendment_MONROE CO. 21-OIACSC (P) BOCC Resolution 039-2021_transmittal of amendment 2019-098_Staff Report BOCC_Comp Plan_Lock-out_Family_ADOPTION Ex. 1 Feb 15 2017 BOCC AIS Direction to staff to propose an IDO Ex. 2 Resolution 087-2017 and March 15 2017 BOCC AIS Approval of a resolution for the IDO Ex. 3 Ordinance 012-2017 and July 19 2017 BOCC AIS ordinance for the IDO Ex. 4 Ordinance 018-2018 and August 15 2018 BOCC AIS ordinance for the IDO_lst extension Ex. 5 Ordinance 027-2019 and July 17 2019 BOCC AIS ordinance for the IDO_2nd extension Ex. 6 search results of the term FAMILY Ex. 7 Feb 19 1998 BOCC AIS and MOU with DCA_accessory vs additions Packet Pg. 2492 R.3 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: n/a Additional Details: REVIEWED BY: Emily Schemper Completed 04/29/2021 11:56 PM Assistant County Administrator Christine Hurley Completed 05/03/2021 10:43 AM Derek Howard Completed 05/03/2021 11:45 AM Maureen Proffitt Completed 05/03/2021 11:58 AM Purchasing Completed 05/03/2021 11:59 AM Budget and Finance Completed 05/03/2021 12:55 PM Maria Slavik Completed 05/03/2021 1:00 PM Liz Yongue Completed 05/03/2021 3:24 PM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 2493 R.3.a 0 \! 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. -2021 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE 13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY 14 TO MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY E 15 STRUCTURE, MODIFY THE DEFINITION OF DWELLING UNIT, 16 DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION 17 OF HOUSEHOLD, CREATE A DEFINITION FOR KITCHEN, CREATE A 18 DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF 19 TRANSIENT UNIT; CREATE A DEFINITION FOR WET BAR; AND 20 AMENDING POLICY 101.3.5 TO ADDRESS THE TERM LOCK-OUT 21 UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL `- 22 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL _ 23 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 24 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION 25 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING i 26 FOR AN EFFECTIVE DATE. (FILE 2019-098) 27 28 ¢� 29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida 0 30 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 31 health, safety, and welfare of the County's citizens; and i 32 33 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting 34 on February 15,2017 in Key West,Florida, directed staff to impose a temporary moratorium upon E 35 certain development applications proposing occupancy by "three unrelated people" or "two Ui 36 unrelated people and any children related to either of them" of a dwelling unit or utilizing the term 37 "lock-out," due to pending legislation; and Z 38 z 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 40 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to 41 process an ordinance to impose a temporary moratorium deferring the approval of new a) CD 42 applications or received application that have not been fully approved, commencing March 15, 43 2017, for comprehensive plan or land development code amendments, development agreements 44 (including 380 development agreements), and minor and major conditional use permits 45 (excluding applications proposing only affordable housing dwelling units); with proposed a 46 occupancy by "three unrelated people" or "two unrelated people and any children related to either 47 of them" of a dwelling unit, and applications utilizing the term "lock-out"; and Ordinance No. -2021 Page 1 of 8 File 2019-098 Packet Pg. 2494 R.3.a 1 2 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 3 on July 19, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary 4 moratorium upon certain development applications proposing occupancy by "three unrelated 5 people" or "two unrelated people and any children related to either of them" of a dwelling unit or co 6 utilizing the term "lock-out," due to pending legislation; and 7 8 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting C44 9 on August 28, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 10 moratorium upon certain development applications proposing occupancy by "three unrelated 11 people" or "two unrelated people and any children related to either of them" of a dwelling unit or 12 utilizing the term "lock-out," due to pending legislation; and 0 13 14 WHEREAS, Ordinance 018-2018 extended the moratorium through October 27, 2019; E 15 and 16 17 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting 18 on July 17, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary CL 19 moratorium upon certain development applications proposing occupancy by "three unrelated 0. 20 people" or "two unrelated people and any children related to either of them" of a dwelling unit or 0 21 utilizing the term "lock-out," due to pending legislation; and 22 z ®_ 23 WHEREAS, Ordinance 027-2019 extended the moratorium through November 8, 2020; I-_ CL 24 and 25 26 WHEREAS, the Staff is working on BOCC directed amendments related to the 27 development of dwelling units utilizing the term "lock-out" and to an extension to the interim 28 development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and 29 Land Development Code to add such County regulatory provisions (as necessary) is adopted and 0 30 becomes effective, whichever comes first; and 31 32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 33 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 34 welfare of the citizens of the Florida Keys and to strengthen our local government capability to E 35 manage land use and development; and 36 uJ� 37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 38 considered the proposed amendments at a regularly scheduled meeting held on July 21, 2020; and _ 39 40 WHEREAS, at a regularly scheduled meeting held on September 23, 2020 the Monroe 41 County Planning Commission held a public hearing for the purpose of considering the proposed co 42 amendment and provided for public comment; and 43 44 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-20 `V 45 recommending approval for the proposed amendment, with direction for staff to address, within 46 the matrix included in the dwelling unit definition, the scenario of a separate entrance without a E 47 lockable internal connection; and Ordinance No. -2021 Page 2 of 8 File 2019-098 Packet Pg. 2495 R.3.a 1 2 WHEREAS, the Monroe County Board of County Commissioners is authorized by 3 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business 4 regulations as are necessary for the protection of the public; and 5 co 6 WHEREAS, at a regularly scheduled meeting held on October 21, 2020, the Monroe 9 7 County Board of County Commissioners held a public hearing, considered the staff report, and 8 provided for public comment and public participation in accordance with the requirements of state 9 law and the procedures adopted for public participation in the planning process; and 10 11 WHEREAS, at the October 21, 2020, public hearing, the BOCC directed staff to make 12 edits to the proposal to address the scenario of a master bedroom with a separate entrance (ex: to 0 13 the pool area), a lockable internal connection(regular door), a coffee bar/wine bar and a bathroom; 14 and E 15 16 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe 17 County Board of County Commissioners held a public hearing, considered the staff report, and 18 provided for public comment and public participation in accordance with the requirements of state CL 19 law and the procedures adopted for public participation in the planning process; and 0. E 20 21 WHEREAS, at the January 20, 2021, public hearing, the BOCC adopted Resolution 039- 22 2021, transmitting the proposed text amendment to the State Land Planning Agency; and 0 23 24 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 25 Objections, Recommendations and Comments (ORC) report, received by the County on April 2, 26 2021; and t� 27 28 WHEREAS, the ORC report stated, "the Department does not identify any objections or 29 comments to the proposed amendment;" and 0 30 31 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the c i 32 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 33 c- 34 WHEREAS, at a regularly scheduled meeting on May 19, 2021, the BOCC held a public E 35 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and iai 36 37 WHEREAS, Monroe County policies and regulations adopted in the Monroe County Z 38 Comprehensive Plan and Land Development Code are to maintain public health, safety, and z 39 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 40 manage land use and development; and 0 i 41 co w CD 42 WHEREAS, based upon the documentation submitted and information provided in the 43 accompanying staff report, the Monroe County Board of County Commissioners makes the 44 following Conclusions of Law: 45 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the a 46 Monroe County Year 2030 Comprehensive Plan; and Ordinance No. -2021 Page 3 of 8 File 2019-098 Packet Pg. 2496 R.3.a 1 2. The proposed amendment is consistent with the Principles for Guiding Development for 2 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 2 3 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute. 4 5 co 6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 7 COMMISSIONERS OF MONROE COUNTY, FLORIDA: T- CD 9 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: W 10 Proposed Amendment: deletions are stfi ke *h-ottgi.; additions are shown in underlined. c 11 ¢, 12 2030 Comprehensive Plan - GLOSSARY a 13 General -� 14 If definitions sought are not within this section,the County shall utilize the adopted definitions 15 of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these 16 documents, the County shall utilize the term as commonly used. 17 c' 18 Defined Terms 0 19 Accessory Use or Accessory Structure means a use or structure that: U 20 (1) Is subordinate to and serves an existing principal use or principal structure; and z 21 (2)Is subordinate in area,extent and purpose to an existing principal use or principal structure 22 served (for this definition docks, pools, pool decks, driveways are excluded from total c. 23 area); and 24 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or 25 principal structure served; and 26 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as i 27 the lot/parcel on which the principal use or principal structure is located; and 28 (5)Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use 29 or principal structure, excluding accessory docking facilities that may be permitted on 0 30 adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and 31 (6)Is located in the same land use(zoning) district as the principal use or principal structure, CL 32 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC; and- 0 33 (7) Accessory uses/structures shall not include secondary dwelling units or lock-out units or 0 34 any other habitable structures that are occupied by a separate and independent household. uo� 35 36 Density means an objective measurement of the magnitude of residential use on a site. Density 37 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. E5 38 39 Density, Allocated means the number of dwelling units or rooms/spaces which may be i 40 permitted to be developed per gross acre of upland without the use of Transferable 41 Development Rights (TDRs). 42 N 43 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which 44 may be permitted to be developed per buildable acre, with the use of Transferable E 45 Development Rights (TDRs) or for affordable housing. Ordinance No. -2021 Page 4 of 8 File 2019-098 Packet Pg. 2497 R.3.a 1 2 Dwelling Unit means one or more rooms physically arranged for occupancy by one household 3 sharing common living, a kitchen cooking), and bathroom te4et facilities.Dwelling units shall 4 not include additional dwelling units, secondary dwelling units, lock-out units, or any other a 5 habitable structures that create a separate independent living area that are occupied by a Co 6 separate and independent household, without an additional ROGO allocation or ROGO 7 exemption. In reviewing development proposals for dwelling units,to ensure lock-out units or 8 any other habitable structures that create a separate independent living area are not created,the a� 9 proposal shall comply with the following: W 10 Bldg. Lockable Unlockable � z Separate Full Wet Full Half U jype Entrance 3 Internal Internal Kitchen 6 Bar' Baths Baths Allowed' 0 Connection 4 Connection s X NA NA X - X - NO E X NA NA X - - X NO ACC. X NA NA - X X - NO X NA NA - X - X NO X NA NA - - X - YES io CL X_ X_ - X - X_ - NO 0. X_ X_ - X X_ - NO c X11 X - - X X_ - YES io U X X - - X X NO X11 X_ - - X - X YES to P CL X X - - X_ YES io X X - - - X YES io X_ - - X X_ - YES to CJ� ADD. _ X - X X - NO X - - - X X - NO X - X X - X - NO - - - , X - X - X X - NO X_ - X_ - X - X YES io X - X - X YES X_ - - X_ - YES X X X - NO 11 12 1. General Note:Not all-possible project design options are shown. As a rule of thumb,if an option i LU 13 allows a full kitchen, then a wet bar is also permitted in place of or in addition to a full kitchen, U 14 or, if an option allows a full bath, then a half bath is also permitted in place of or in addition to a < 15 full bath. z 16 2. ACC. = Attached or unattached accessory addition to principal structure with no internal 17 connection to the structure.May also be considered a lock-out unit. i 18 ADD. = Addition to principal structure with an internal connection to principal structure. May Co 19 also be considered a lock-out unit. CD 20 3. A separate entrance is any entrance including sliding glass doors. A special exception may be 21 made if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not 22 create lock-out units, secondary dwelling units, guest units, dormitory or any other habitable 23 structures that create a separate independent living area. 24 4. A lockable internal connection exists when either household can lock out the other party. Ordinance No. -2021 Page 5 of 8 File 2019-098 Packet Pg. 2498 R.3.a 1 5.An unlockable internal connection exists when one party cannot exclude the other party. An open 2 wall is an unlockable internal connection. A door or doorway is not an unlockable internal 3 connection. To be an unlockable internal connection, the cased opening must be 42 inches or 0. 4 more in width. c 5 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing 'stub outs' shall be 6 considered a kitchen. 7 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square 8 feet(including a sink with design limitations of one bin and limited to one (1) square foot in size) 9 with electricity limited to 110 volt service. a, 10 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum, 11 may contain a toilet and a sink. 12 9. YES =development proposal/design may be gpproved. 13 NO=development proposal/design shall not be approved. 14 10. Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household 15 serving only as a permanent residential unit. Proposal cannot create lock-out units, secondary °i E 16 dwelling units, guest units, dormitory or any other habitable structures that create a separate 17 independent living area occupied by parate and independent household. m 18 11. Limited to a separate entrance on a single family detached dwelling unit into an enclosed 19 backyard, courtyard or pool area of the residence. The separate entrance shall not create lock-out 20 units, secondary dwelling units, guest units,dormitor or any other habitable structures that create CL 21 a separate independent living area. E 22 c U 23 W 24 25 CL CL 26 „ti. ,;,o a etistedialol 4; rsi.;r 27 (2)t4r-ee tinr-elatedpeople; i 28 (3)t tinr-elatedpeople r,aa*y ehild-or r-el4ed t eit4e,- ft4e , 29 30 Household means all the people who occupy a dwelling unit. " hettseheld iffel ,,aes 31 t4e related family member-s a*d all t4e tmr-ei4ed people,if a*y,stieh as ledger-s, fester-ehildr-efi-, 32 33 , ..1 alse eetmted �i 34 as a hettseheld. CL 35 0. 36 Kitchen means any food preparation area larger than a wet bar, intended or designed to be used c 37 for cooking or the preparation of food. The presence of a range, oven, utility connections 38 suitable for servicing a range or oven, and/or plumbing "stub-outs", shall be considered as 39 establishing a kitchen. z < 40 41 Lock-out unit means any structure or room or group of rooms or portion of a single family or 42 multi-family dwelling or transient unit which creates a separate independent living area which Co 43 can be accessed and locked or keyed separately from the principal entry to a residential a) 44 dwelling unit or transient unit. Lock-out units create a separate independent living 45 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unit] 46 which requires an additional ROGO allocation or ROGO exemption and will be counted as a 47 full unit(dwelling unit and/or transient unit)when computing the allowable density on a site. E 48 Ordinance No. -2021 Page 6 of 8 File 2019-098 Packet Pg. 2499 R.3.a I Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging 2 establishment as defined by Florida Statutes, intended for transient lodging only for periods 3 not exceeding 30 days. Transient occupancy shall conform to the definition contained in 4 Florida Statutes. For the purposes of density restriction: a 5 (1)Hotel or motel unit may be a single bedroom and 1 1/z bathrooms or a hotel/motel unit may co 6 be a suite which may include a kitchenette but no more than 1 1/z bathrooms and one bedroom 7 and one other living area. 8 (2) Suites containing more than one bedroom and 1 1/z baths may be constructed; however, 9 each bedroom/full bath combination shall be considered a hotel/motel unit. 10 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling 11 access so that the hotel or motel unit as defined herein is not divisible into separately 12 rentable units. 0 13 14 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel E 15 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. 16 Transient units, limited to hotel or motel rooms, may include lock-out units that meet the E 17 criteria within the definition of"Room, Hotel or Motel' and shall require an additional ROGO 18 exemption for each lock-out unit. CL 19 0. 20 Wet bar means is a food or drink preparation area limited to a total counter surface area of 16 0 21 square feet, a single one-bin sink of one square foot, and electrical service limited to 110 volt z 22 service. 23 ***** CL 24 25 Policy 101.3.5 i 26 Due to the limited number of allocations and the State's requirement that the County maintain t� 27 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit 28 new transient residential allocations for hotel or motel rooms, and any lock-out units, 29 campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 0 30 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in 31 existence before January 4, 1996 for use as a ROGO exemption. i 32 33 34 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 35 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, U 36 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 37 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or z 38 provision immediately involved in the controversy in which such judgment or decree shall be z 39 rendered. 40 41 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with col CD 42 this ordinance are hereby repealed to the extent of said conflict. 43 44 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 45 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 46 Ordinance No. -2021 Page 7 of 8 File 2019-098 Packet Pg. 2500 R.3.a I Section 5. Filin2. This ordinance shall be filed in the Office of the Secretary of the State 2 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency 2 3 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 4 Statutes and after any applicable challenges have been resolved. 5 6 Section 6. Inclusion in the Monroe County Comprehensive Plan. The text amendment 7 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing 8 amendment may be renumbered to conform to the numbering in the Monroe County 9 Comprehensive Plan. W 10 11 Section 7. Effective Date. This ordinance shall become as provided by law and stated 12 above. 13 14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 15 Florida, at a regular meeting held on the 19th day of May 2021. E 16 17 Mayor Michelle Coldiron L 18 Mayor Pro Tem David Rice 0. E 19 Commissioner Craig Cates c U 20 Commissioner Eddie Martinez 21 Commissioner Mike Forster 22 CL 23 24 25 cJ� 26 BOARD OF COUNTY COMMISSIONERS 27 OF MONROE COUNTY, FLORIDA i 28 0 29 BY 30 MAYOR MICHELLE COLDIRON 31 � 32 (SEAL) CL 0. 33 34 ATTEST: KEVIN MADOK, CLERK 0i 35 CJ 36 AS DEPUTY CLERK z MONROE COUNTY ATTORNEY APPROVED AS TOFORM: co P i CD DEREK OWARD 1 T° llN_ CD `f tV 37 38 Ordinance No. -2021 Page 8 of 8 File 2019-098 Packet Pg. 2501 R.3.b Ron DeSantis Dane Eagle GOVERNOR J, EXECL)"IFIVE DIRECTOR FLORIDA DEPAJ:ZMENTaf ECONOMIC OPPORTUNnY April 2,2021 The Honorable Michelle Coldiron 0 Mayor, Monroe County 25 Ships Way Big Pine Key, FL 33043 Dear Mayor Coldiron: The Department of Economic Opportunity("Department") has completed its review of the proposed comprehensive plan amendment for Monroe Cunty(Amendment No. 21-01ACSC),which was CL received and determined complete on February 3, 2021. We have reviewed the proposed amendment 0. in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), o Florida Statutes(F.S.),for compliance with Chapter 163, Part II, F.S.The Department does not identify any objections or comments to the proposed amendment and this letter serves as the Objections, Recommendations and Comments Report. Review comments received by the Department from the appropriate reviewing agencies, if any, are enclosed. The County should act by choosing to adopt,adopt with changes,or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment.The second public hearing,which shall be a hearing on whether to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt of the Department's attached report,or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 163.3184(4)(e)1., F.S. If you have any questions related to this review, please contact Justin Stiell, Planning Analyst, by telephone at(850) 717-8534 or by email at jennie.copps@deo.myflorida.com. Sin rely, CL Ames D.Stansbury, Chief ',' Bureau of Community Planning and Growth JDSAlc Enclosure: Procedures for Adoption ` Agency Comments cc: Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council Christine Hurley, County Administrator, Monroe County lorida Depaitmeni of Economic Opportunity Caldwell Building 1107 E Madison Street a lai"rise:, FL.32399 50 24 .7105 an.qw.NvItter.com/FLDE0 vw .sae,eboo<;. rn/FL E0 An equal opportUnit employer/program.t°uxif ary aids and seiM e are,av a€lab€e upon request to in6viduak wfth disaUffies.All v6ce telephonenumbers on i 31 document may .e l Far b°; a..€ r?p t. ..F. equipment ai l the F lodda Relay Service at 711. Packet Pg. 2502 R.3.b From: tli To: C N e'F Subject: [EXTERNAL]-Monroe County,Comments on Proposed Comprehensive Plan Amendment Packages#21_IACSC, #21-2ACSC,and 21-3ACSC r Date: Friday,February 5,2021 10:14:43 AM Dear Mr. Eubanks: 0 The South Florida Water Management District (District) has completed its review of the 3 proposed amendment packages from the Monroe County (County). The amendments include Text Amendments to the Comprehensive Plan's Glossary and to the Future Land Use, Housing, and Ports, and Aviation and Related Facilities Elements. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment ns packages. The District requests that the County forward a copy of the adopted amendments to the District. CL 0. Please contact me if you have any questions or need additional information. 0 Sincerely, '✓ Ms.Terry Manning, Policy and Planning Analyst South Florida Water Management District Water Supply Implementation Unit 3301 Gun Club Road West Palm Beach, FL 33406 Phone: 561-682-6779 Fax: 561-681-6264 E-Mail: 1manning@5fwmd..gov CL 0 N 0 ns ns Packet Pg. 2503 R.3.b SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes m 0 0 NUMBER OF COPIES TO BE SUBMITTED: Please Submit Electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" m ( i gjob&� � w t or submit three complete copies of all comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below CL that provided timely comments to the local government:the appropriate Regional Planning Council; 0. Water Management District; Department of Transportation; Department of Environmental Protection; o Department of State;the appropriate county(municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan amendments only);and the Department of Education (amendments relating to public schools); and for certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. N SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: Department of Economic Opportunity identification number for adopted amendment package; i Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; CL Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; N Name,title,address,telephone, FAX number and e-mail address of local government contact; 0 Letter signed by the chief elected official or the person designated by the local government. Effective:June 2, 2011(Updated March 2021) Page l of 2 Packet Pg. 2504 R.3.b ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment co package: In the case of text amendments,changes should be shown in strike-through/underline format; cv In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; 0 A copy of any data and analyses the local government deems appropriate. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of executed ordinance adopting the comprehensive plan amendment(s); 0. Suggested effective date language for the adoption ordinance for state coordinated review: o U "The effective date of this plan amendment, if the amendment is not timely challenged, shall be W the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged,or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in `V compliance." List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review; i List of findings of the local governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity. 0 N 0 Effective June 2,2011(Updated March 2021) Page 2 of 2 Packet Pg. 2505 R.3.b From: Pkn 3 a4 o. ..d.. ,..S.I �+ci- Y Its r7,yf 1Y' Subject: [EXTERNAL]-Monroe County 21-OIACSC Proposed r Date: Friday,March 5,20213:19:57 PM tV Attachments: k ,...t?......fc.. . To: Ray Eubanks,DEO Plan Review Administrator Re: Monroe County 21-OIACSC—State Coordinated Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: CL air and water pollution; wetlands and other surface waters of the state; federal and state-owned 0. lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste;and water and wastewater treatment. �? Based on our review of the submitted amendment package,the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. / Please submit all future amendments by email to p!_an,review a, ��� ... �� ��� . If your submittal is too large to send via email or if you need other assistance, contact Lindsay 0 Weaver at(850) 717-9037. i e E 0 N ns ns Packet Pg. 2506 DocuSign Envelope ID:41BA97DD-3C4B-49F8-ACOC-E9C6DEEBD3BECD Florida Department of Transportation FDOT cV RON DESANTIS I OOONW I I Ith Avenue KEVIN J.THIB.ktTLT,P.E. � GOVERNOR Miami,FL 3317 -5900 SECRETARY W 0 February 15, 2021 Ms. Cheryl Cioffari, AICP E Assistant Director of Planning Monroe County Planning and Environmental Resources Department Marathon Government Center CL 2798 Overseas Highway, Suite 400 0. Marathon, Florida 33050 Subject: Comments for the Monroe County Comprehensive Plan Amendment FDEO #21-01ACSC Dear Ms. Cioffari: U Pursuant to Section 163.3184(3), Florida Statutes (F.S.), in its role as a reviewing LU agency as identified in Section 163..3184(1)(c), F.S., the Florida Department of Transportation, District Six, reviewed the proposed amendment to the Monroe County's comprehensive plan. The proposed amendment will modify the definition of accessory use or accessory structure; delete the definition of "family"; modify the definition of "household"; modify the definition of"dwelling unit"; create a definition of "kitchen"; create a definition of"lock-out unit"; modify the definition of"transient unit"; E create a definition for "wet bar"; and amend Policy 101.3.5 to address the term "lock- CL out unit". 0 The District reviewed the amendment package per Chapter 163 Florida Statutes and found the proposed amendment would not adversely impact transportation 0) resources and facilities of state importance. In addition, the District recommends that c the County continue to identify and address the needs of all modes of travel, including public transportation. The District encourages the County to include pedestrian and bicycle facilities to promote a walkable and connected community consistent with ss. 163.3177, Florida Statutes. Please transmit a copy of the amendment, along with the supporting data and analysis, to the District upon its adoption. Thank you for coordinating on the review .Improve,.Sqf lja Fnhan .Uobilit , .1rispire Innovation www.fdot.gov Packet Pg. 2507 DocuSign Envelope ID:41BA97DD-3C4B-49F8-ACOC-E9C6DEEBD3BE Ms. Cheryl Cioffari, AICP February 15, 2021 Page 2 of this proposed amendment with FDOT. If you have any questions, please do not hesitate to contact me by email at h r on. fry :;> s . i.Li or at 305-470- 5393. � 0 Sincerely, ..,Docuftnea by: ¢' E FOR-C 5755WADD... Shereen Yee Fong Transportation Planner CL 0. 0 Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6 W Dat Huynh, P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Ray Eubanks, Department of Economic Opportunity Isabel Cosio Carballo, South Florida Regional Planning Council Kathe Lerch, South Florida Regional Planning Council CL 0 N 0 www.fdot.gov Packet Pg. 2508 R.3.b From: Hight,Jason To: Santamarla-maACQMonrg ounty-A.aoy:DCPextemalaaencycomments Cc: Cuc ella.Josh:Semnsrett.Michelle:Conservatlon Planning Services �+ Subject: [EXTERNAL]-FWC Comments on Monroe Cou ' (039-2021) r Date: Wednesday,February 24,20219:24:08 AM N ° A Ms. Santamaria: 0 Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. We have no comments, recommendations, or objections related to listed species and their habitat or other fish and wildlife resources to offer on this amendment. E If you have specific technical questions, please contact Michelle Sempsrott at (407) CL 452-1995 or Michelle.Sem s� rott@m c.com. All other inquiries may be directed to 0. our office by email at ConservationPlanningServicesCraMyFWC_com. c Sincerely, W Jason Hight Land Use Planning Program Administrator Florida Fish and Wildlife Conservation Commission 620 S. Meridian Street, MS5135 d Tallahassee, FL 32399 850-413-6966 Monroe County 20-01ACSC 43519_022321 _ I CL 0 N 0 Packet Pg. 2509 R.3.b From: ,c l _ To: f . nl P ICD D CD Subject: [EXTERNAL]-SFRPC Council Meeting February 22,2021 Agenda Item IV.C,Consent tV Date: Monday,February 22,20214:00:34 PM Attachments: fJ tt s,+ ._f'e" fitI[ IGO 0 MM At the February 22, 2021 Council Meeting,the South Florida Regional Planning Council �? approved the attached report,finding the proposed and adopted amendments to be _ generally consistent with the Strategic Regional Policy Plan for South Florida. Should you U have any questions, contact Isabel Cosio Car also, Executive Director, at(954)92.4-3653 or U cv Broward County Commission SFRPC Agenda IV.0#20-06ESR; Mayor CC Steve Geller Deanne D. Von Stetina/Jo Sesodia/Barbara Blake Boy E Monroe County Commission SFRPC Agenda IV.0#21-01,21-02,21-03ACSC; CL M y CC Michelle Coldiron EmilySchemper/Heidi Siegel/Cheryl Cioffari/ o N W Town of Davie SFRPC Agenda IV.0#20-02ESR; T M:'iy fr t..0 Judy Paul David Quigley/David Abramson City of Marathon SFRPC Agenda IV.0#21-01ACSC; cc �. Packet Pg. 2510 R.3.b Luis Gonzalez George Garrett/Brian Shea/ City of Miami Beach SFRPC Agenda IV.C,#20-02,3,4,SESR; M or - — PLC W Dan Gelber Thomas Mooney Sri! ... 0 .E+ City of Miramar SFRPC Agenda IV.C,#20-02ESR; MjIvor cc Wayne M. Messam Eric Silva E CL f� City of Oakland Park SFRPC Agenda IV.0#20-02ESR; 0. ./one F. Bolin Jennifer Frastai/Peter Schwarz/Richard Buckeye/ Alexander Dambach . k r 1 N U City of Parkland SFRPC Agenda IV.C,#20-02ESR; Mati,£,jr. .. CC Rich Walker Michele Mellgren/Nancy Morando E Village of Sea Ranch Lakes SFRPC Agenda IV.C,#20-01ER; Mayor._, e cc CL Jeffrey Nelson Starr Paton 14 City of Sweetwater SFRPC Agenda IV.0#20-01ESR; Ma r 0 r t. �"C U Orlando Lopez Manny Salazar/Ralph Rosado/ a City of Wilton Manors SFRPC Agenda IV.C,#20-01ESR; Scott Newton Roberta Moore, Director L Packet Pg. 2511 R.3.b - v Check us out:Website I I Lwitt r I in, r _...._ SouthSFRPC Florida Regional Planning Council � M Confidentiality l i :Please note that Florida has a broadpublic records s law and all correspondence sent to � me via email may be subjeLt to disclosure.sure. 0. 0 CJ CJ CJ r r N CJ CL I tJ 0 N 0 tJ Packet Pg. 2512 R.3.b cv MEMORANDUM AGENDA ITEM#IV.0 0 DATE: FEBRUARY 22, 2021 TO: COUNCIL MEMBERS FROM: STAFF SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT CONSENT AGENDA o CJ Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council(Council), the Council is directed by its member counties to"assure the orderly,economic,and balanced growth and development of the Region, consistent with the protection of natural resources and environment of the Region and to protect the health,safety,welfare and quality of life of the residents of the Region." In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy Plan for South Florida(SRPP). Pursuant to Section 163.3184,Florida Statues as presently in effect,Council review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the i comprehensive plan of any affected local government within the Region. The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff reviews the contents of the amendment package once the Department of Economic Opportunity certifies its completeness. A written report of Council's evaluation pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Recommendation 0 Find the proposed and adopted plan amendments from the local governments listed in the tables below generally consistent with the Strategic Regional Policy Plan for5outh Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. MM South Florida Regional Planning Council i Oakwood Boulevard,Suite 25o, Hollywood, Florida 33020 954-924-3653 Phone,954-924-3654 FAX ...f(3r Packet Pg. 2513 R.3.b PROPOSED AMENDMENTS Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or m Amendment Number Date Adoption Public Hearing and Meeting Monroe County — 21-01ACSC (received 01-28-21) 1/ N/A 02-22-21 01-20-21 1. The proposed amendments to Monroe County's Comprehensive Plan are text amendments to the Comprehensive Plan's Glossary and to the Future Land Use, Housing, and Ports, and Aviation and Related Facilities Element, including modifying the definitions of accessory use or accessory structure, household, CL transient unit and dwelling unit; deleting the definition of family; and inserting definitions of kitchen, lock-out unit and wet bar. o 2.The amendments affect Monroe County. 3.The amendments do not create any adverse impacts to state or regional resources/facilities. Monroe County 21-02ACSC (received 01-28-21) N/A 02-22-21 01-20-21 cJ 1.The proposed amendment to Monroe County's Comprehensive Plan modifies provisions related to wetlands, open spaces, and mangroves to allow airport improvements,which may impact wetland areas when there is no other viable alternative available, at the Key West International Airport and the Florida Keys Marathon International Airport. m 2. The amendment affects the Key West International Airport and the Florida Keys Marathon International Airport in Monroe County. 3.The amendment does not create any adverse impact to state or regional resources/facilities. CL Monroe County 21-03ACSC (received 01-28-21) N/A 02-22-21 01-20-21 0 I � 1. The proposed amendment to Monroe County's Comprehensive Plan modifies the Future Land Use Element and the Housing Element to establish a new building permit allocation category to accept and award 300 workforce housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative,and establishes specific requirements. 2.This amendment affects Monroe County. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 2 Packet Pg. 2514 R.3.b Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or Amendment Number Date Adoption Public N Hearing and Meeting m City of Marathon 21-01ACSC N/A 02-22-21 01/12/21 (received 02-03-21) -E 1. The proposed amendment revises the City of Marathon's Comprehensive Plan by amending the land use designation of two properties on the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MU-C) with the intent of allowing the expansion of an adjacent marine aquaculture/research CL facility. 0. 2.This amendment affects two properties located at 163 63rd Street(Ocean) in the City of Marathon. 3.This amendment does not create any adverse impact to state or regional resources/facilities. W ,...... _ City of c, Wilton Manors 21-01ESR N/A 02-22-21 12-08-20 (received 01-05-21) N d 1. The proposed amendment revises the City of Wilton Manors' Comprehensive Plan by modifying the density LL° 0 and intensity of the Transit-Oriented Corridor (TOC) land use designation, with the intent to facilitate redevelopment within the City's mixed-use TOC designated area.The amendment would allow a twenty percent increase in units within the TOC, in accordance with Broward Next. i 2.This amendment affects the City of Wilton Manors. 3.This amendment does not create any adverse impact to state or regional resources/facilities. CL N 0 3 Packet Pg. 2515 R.3.b ADOPTED AMENDMENTS 3 r- Local Government Local Government N and Plan Proposed Adopted Council Review Transmittal or Amendment Date Adoption Public W Number Hearing and 0 Meeting � o Broward County 20-06ESR (received 01-28-21) N/A 02-22-21 01-26-21 I 1. The proposed amendments revise Broward County s Land Use Plan (BCLUP) by amending the Natural Resource Map Series(PCNRM 20-1)and reflecting amendments of the cities of Pembroke Pines and Tamarac to the future land use elements of their respective comprehensive plan as follows: 1.1. The Natural Resource Map series is updated every other year and the proposed revisions are based on o actions that the Broward County Environmental Protection and Growth Management Department (EPGMD) took from January 1, 2018 through December 31, 2019. The actions included observing or delineating wetlands on a parcel and issuing an Environmental Resource License which formally identifies wetlands or removing wetlands that are no longer environmentally significant. The actions resulted in the addition of 85.25 acres and the removal of 9.21 acres. 1.2. The amendment to the BCLUP—City of Pembroke Pines—amends the land use designation of 49 acres of Commerce and 509.2 acres of Irregular Residential to 30.6 acres of Commerce and 527.6 acres of irregular Residential, located on the east side of SW 172"d Avenue between Pembroke Road and Pines Boulevard. 1.3. The amendment to the BCLUP —City of Tamarac—amends the land use designation of 168.7 acres of Commercial Recreation to Low (5) Residential. 2.The amendments affect Broward County. 3.The amendments do not create any adverse impacts to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. Town of Davie 20-02ESR CL U (received 01-26-21) N/A 02-22-21 01-06-21 0 N 1. The adopted amendment to the Town of Davie's Comprehensive Plan updates the Town's Water Supplyp Facilities Work Plan. E 2.The amendment affects the incorporated area of the Town of Davie. o 3.The amendments do not create any adverse impact to state or regional resources/facilities. 4.At the proposed stage of this amendment,the South Florida Water Management District provided comments that were addressed prior to adoption. City of Miami Beach . 20-02ESR (received 01-20-21) N/A J 02-22-21 12-09-20 E ... .......... .... — 4 Packet Pg. 2516 Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or Amendment Date Adoption Public N Number Hearing and 2 Meeting o 1. The adopted amendment to the City of Miami Beach's Comprehensive Plan establishes the Wolfsonian Arts District within the Medium Intensity Commercial(CD-2) land use category and increases the maximum floor area . ratio from what is currently allowed.The intent of the amendment is to allow for the expansion of the Wolfsonian Art Museum. 2.This amendment affects the area within the Wolfsonian Arts District in the City of Miami Beach. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council did not review this amendment when proposed. CL i City of Miami Beach 20-03ESR W (received 01-20-21) N/A 02-22-21 10-14-20 _...._ 1. The adopted amendment to the City of Miami Beach's Comprehensive Plan allows for development of hotels c.0 along Lincoln Lane South, an alley on the south side of the Lincoln Road Mall, authorizing hotel uses within the Low Density Multi Family Residential (RM-1)future land use category within a small area. 2. This amendment affects the area within the Flamingo Park Historic District that abuts Lincoln Lane South `V between Drexel Avenue and Lenox Avenue in the City of Miami Beach. 3.This amendment does not create any adverse impact to state or regional resources/facilities. Lu 4.The Council previously reviewed the amendment when proposed. i City of Miami Beach 20-04ESR (received 01-20-21) N/A 02-22-21 11-18-20 mmmmm� __ . —------- ..................--- __....._...... .. 1. The adopted amendment to the City of Miami Beach's Comprehensive Plan allows development of hotels in CL the Low-Density Multi-Family Residential (RM-1) land use category at designated historic sites in North Beach. 2. This amendment affects sites north of Normandy Drive in the City of Miami Beach, which are designated historic,and lots that are greater than 30,000 square feet. �+ 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed these amendments when proposed. 0 U City of Miami Beach 20-05ESR (received 01-20-21) N/A 02-22-21 11-18-20 --- 1.The adopted amendment to the City of Miami Beach's Comprehensive Plan provides policy guidance,and establishes a neighborhoods map,with the intent of retaining the unique character of the Sunset Harbor neighborhood.The amendment would support the neighborhood vision of a small town, mixed-use community. 2.This amendment affects the Sunset Harbor neighborhood in the City of Miami Beach, located north of Dade Boulevard,west of Alton Road, approximately encompassing the blocks of 18t''through 20t''Street. 5 Packet Pg. 2517 R.3.b Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or Amendment Date Adoption Public Number Hearing and m Meeting 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. City of Miramar _ 20-02ESR (received 02-03-21) N/A 02-22-21 01-27-21 CL �. ................_L _ 0. 1. The adopted amendment restates and amends the school-related provisions of the City of Miramar's Comprehensive Plan to reflect the new districtwide level of service(LOS)standards for bounded public schools in the City. I 2.This amendment affects the City of Miramar. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. City of Oakland Park 20-02 ESR (received 01-14-21) N/A 02-22-21 12-16-20 ... — i 1. The adopted amendment to the City of Oakland Park's Comprehensive Plan incorporates the City's 10-Year Water Supply Facilities Work Plan and related amendments. ¢i 2.This amendment affects the City of Oakland Park. 3.This amendment does not create any adverse impact to state or regional resources/facilities. .E 4.The Council previously reviewed this amendment when proposed. CL .._ _. City of Parkland 20-02ESR o N (received 01-05-21) N/A 02-22-21 12-16-20 �... ........, m..__ _v. __ 1. The adopted amendments provide updates to the Future Land Use Element, Capital Improvement Element, o Intergovernmental Coordination Element,and Transportation Element of the City of Parkland's Comprehensive Plan. In addition, the City adds a new element, titled Public Schools Facilities Element. The updates are to maintain consistency with the Broward County Comprehensive Plan Transportation Element to support complete streets, and > to provide an annual update to the five-year Capital Improvement Plan (CIP). The Public Schools Facilities Element establishes compliance with the provisions of the third amended and restated Interlocal Agreement (TRILA) which requires parties to the agreement to adopt state provisions for school concurrency, level of service measurement, approval processes,student generation rates, mitigation approval,and the School Board's Capital Plan. 2.The amendments affect the incorporated area of the City of Parkland. 3.The amendments do not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. 6 Packet Pg. 2518 R.3.b Local Government Local Government 1. and Plan Proposed Adopted Council Review Transmittal or Amendment Date Adoption Public Number Hearing and m Meeting W o Village of q o Sea Ranch Lakes 20-01ER N/A 02-22-21 01-13-21 (received 01-29-21) 1. The adopted amendment updates the Coastal Management Element of the Village of Sea Ranch Lakes' Comprehensive Plan and adopt the Evaluation and Appraisal Report (EAR) based amendments to be consistent with state, regional,and local regulations. 2.This amendment affects the incorporated area of the Village of Sea Ranch Lakes. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. CJ City of Sweetwater U 20-01ESR (received 01-05-21) N/A 02-22-21 12-07-20 1.The adopted amendment to the Future Land Use Element of the City of Sweetwater's Comprehensive Master U Plan addresses elderly and workforce housing issues in the City. The amendment provides specific density incentives for projects encompassing 100% elderly or workforce housing units, addressing the needs of the elderly,and workforce populations. 2.This amendment affects the incorporated area within the City of Sweetwater. i 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. 0 N 0 7 Packet Pg. 2519 R.3.0 1 2 3 4 C 5 6 7 MONROE COUNTY, FLORIDA 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 039 -2021 10 11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING 13 AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 15 MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE E 16 GLOSSARY TO MODIFY THE DEFINITION OF ACCESSORY USE OR 17 ACCESSORY STRUCTURE, MODIFY THE DEFINITION OF E 18 DWELLING UNIT, DELETE THE DEFINITION OF FAMILY, MODIFY 19 THE DEFINITION OF HOUSEHOLD, CREATE A DEFINITION FOR 20 KITCHEN, CREATE A DEFINITION FOR LOCK-OUT UNIT, MODIFY 21 THE DEFINITION OF TRANSIENT UNIT;CREATE A DEFINITION FOR C 22 WET BAR; AND AMENDING POLICY 101.3.5 TO ADDRESS THE TERM �? 23 LOCK-OUT UNIT; PROVIDING FOR SEVERABILITY; PROVIDING 24 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR E 25 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 26 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND E 27 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE 28 PLAN; PROVIDING FOR AN EFFECTIVE DATE. 29 _ 30 y 31 WHEREAS, the Monroe County Board of County Commissioners conducted a public 32 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review i 33 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections, 34 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 35 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 36 Year 2030 Comprehensive Plan as described above; and 37 38 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of y 39 County Commissioners support the requested text amendment; 40 41 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 42 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 43 44 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the E 45 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for 46 adoption of the proposed text amendment. Resolution No.039-2021 Page 1 of 2 File 2019-098 Packet Pg. 2520 R.3.0 47 48 Section 2. The Board of County Commissioners does hereby transmit the proposed 49 amendment to the State Land Planning Agency for review and comment in 50 accordance with the State Coordinated Review process pursuant to Section 51 163.3184(4), Florida Statutes. 52 53 Section 3. The Monroe County staff is given authority to prepare and submit the required 54 transmittal letter and supporting documents for the proposed amendment in 55 accordance with the requirements of Section 163.3184(4), Florida Statutes. 56 57 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 58 resolution to the Director of Planning. 59 60 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 61 Florida, at a regular meeting held on the 24th day of January 2021. E 62 63 Mayor Michelle Coldiron Yes 64 Mayor Pro Tem David Rice Yes 65 Commissioner Craig Cates Yes CL 66 Commissioner Eddie Martinez Yes 0. 67 Commissioner Mike Forster Yes_ 68 69 70 71 BOARD OF COUNTY COMMISSIONERS 72 cDcMr OF MON�1RO TY,FL 73a 7 BY d""` � 1 MAYOR MICHELLE COLDIRON 78 r 79 V ADOK LERK rc J 80 r , 81 AS DEPUTY CLERK - v MONROE COUNTY AT71nkANEY M APPROVED AS TO FbRM- r~; y DEREK OWARD p- A$SFSTANT OUNTY ATTORNEY DATE Tanuary 4. 2021 82 83 Resolution No.039-2021 Page 2 of 2 File 2019-098 Packet Pg. 2521 R.3.0 Exhibit A to Transmittal Resolution 2 3 0 4 5 0 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 , 9 ORDINANCE NO. -2021 N 10 m 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY W 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE 13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE GLOSSARY U 14 TO MODIFY THE DEFINITION OF ACCESSORY USE OR ACCESSORY 15 STRUCTURE, MODIFY THE DEFINITION OF DWELLING UNIT, 16 DELETE THE DEFINITION OF FAMILY, MODIFY THE DEFINITION 17 OF HOUSEHOLD, CREATE A DEFINITION FOR KITCHEN, CREATE A 18 DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF 19 TRANSIENT UNIT; CREATE A DEFINITION FOR WET BAR; AND 20 AMENDING POLICY 101.3.5 TO ADDRESS THE TERM LOCK-OUT 21 UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 22 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL �0 23 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 24 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION 25 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING 26 FOR AN EFFECTIVE DATE. 27 28 29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida 30 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 31 health, safety,and welfare of the County's citizens; and 32 33 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting 34 on February 15,2017 in Key West,Florida,directed staff to impose a temporary moratorium upon 35 certain development applications proposing occupancy by "three unrelated people" or "two 36 unrelated people and any children related to either of them"of a dwelling unit or utilizing the tern 37 "lock-out,"due to pending legislation; and 38 0 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 40 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to 41 process an ordinance to impose a temporary moratorium deferring the approval of new 42 applications or received application that have not been fully approved, commencing March 15, ca 43 2017, for comprehensive plan or land development code amendments, development agreements 44 (including 380 development agreements), and minor and major conditional use permits m 45 (excluding applications proposing only affordable housing dwelling units); with proposed 46 occupancy by "three unrelated people" or"two unrelated people and any children related to either 47 of them" of a dwelling unit, and applications utilizing the term "lock-out"; and Ordinance No. -2020 Page 1 of 9 File 2019-098 Packet Pg. 2522 R.3.c Exhibit A to Transmittal Resolution 1 2 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting 3 on July 19, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary 4 moratorium upon certain development applications proposing occupancy by "three unrelated 5 people" or"two unrelated people and any children related to either of them" of a dwelling unit or 6 utilizing the term "lock-out," due to pending legislation; and 7 , 8 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting 9 on August 28, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 10 moratorium upon certain development applications proposing occupancy by "three unrelated 11 people" or "two unrelated people and any children related to either of them" of a dwelling unit or W 12 utilizing the term "lock-out," due to pending legislation; and 13 14 WHEREAS, Ordinance 018-2018 extended the moratorium through October 27, 2019; 15 and 16 17 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting 18 on July 17, 2019 in Marathon, Florida adopted Ordinance 027-2019 imposing a temporary 19 moratorium upon certain development applications proposing occupancy by "three unrelated 20 people" or "two unrelated people and any children related to either of them" of a dwelling unit or CL 21 utilizing the term "lock-out," due to pending legislation; and 0. 22 0 23 WHEREAS, Ordinance 027-2019 extended the moratorium through November 8, 2020; 24 and 25 26 WHEREAS, the Staff is working on BOCC directed amendments related to the 27 development of dwelling units utilizing the term "lock-out" and to an extension to the interim 28 development ordinance for 365 days or until an ordinance amending the Comprehensive Plan and 29 Land Development Code to add such County regulatory provisions{as necessary}is adopted and 30 becomes effective,whichever comes first; and 31 �+ 32 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 33 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 34 welfare of the citizens of the Florida Keys and to strengthen our local government capability to `V 35 manage land use and development; and 36 37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and 38 considered the proposed amendments at a regularly scheduled meeting held on July 21,2020;and 39 y 40 WHEREAS, at a regularly scheduled meeting held on September 23, 2020 the Monroe 0 41 County Planning Commission held a public hearing for the purpose of considering the proposed 42 amendment and provided for public comment;and 43 44 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-20 45 recommending approval for the proposed amendment, with direction for staff to address, within 46 the matrix included in the dwelling unit definition, the scenario of a separate entrance without a 47 lockable internal connection; and Ordinance No. -2020 Page 2 of 9 File 2019-098 Packet Pg. 2523 R.3.0 Exhibit A to Transmittal Resolution 1 2 WHEREAS, the Monroe County Board of County Commissioners is authorized by 3 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business 4 regulations as are necessary for the protection of the public;and 5 0 6 WHEREAS, at a regularly scheduled meeting held on October 21, 2020, the Monroe 7 County Board of County Commissioners held a public hearing, considered the staff report, and 8 provided for public comment and public participation in accordance with the requirements of state 9 law and the procedures adopted for public participation in the planning process; and N 10 m 11 WHEREAS, at the October 21, 2020, public hearing, the BOCC directed staff to make W 12 edits to the proposal to address the scenario of a master bedroom with a separate entrance (ex: to 13 the pool area),a lockable internal connection(regular door),a coffee bar/wine bar and a bathroom; 14 and 15 � 16 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe 17 County Board of County Commissioners held a public hearing, considered the staff report, and 18 provided for public comment and public participation in accordance with the requirements of state 19 law and the procedures adopted for public participation in the planning process; and 20 CL 21 WHEREAS,at the January 20,2021,public hearing,the BOCC adopted Resolution 0. - 22 2021,transmitting the proposed text amendment to the State Land Planning Agency; and �0 23 24 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 25 Objections, Recommendations and Comments (ORC) report, received by the County 26 on ; and 0 27 28 WHEREAS,the ORC report stated ; and 29 30 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 31 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 32 33 WHEREAS, at a regularly scheduled meeting on , the BOCC held a 34 public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and 35 , 36 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 37 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 38 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 39 mana-e land use and development; and 40 41 WHEREAS, based upon the documentation submitted and information provided in the 42 accompanying staff report, the Monroe County Board of County Commissioners makes the 43 following Conclusions of Law: 44 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 45 Monroe County Year 2030 Comprehensive Plan; and 46 2. The proposed amendment is consistent with the Principles for Guiding Development for 47 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and Ordinance No. -2020 Page 3 of 9 File 2019-098 Packet Pg. 2524 R.3.0 Exhibit A to Transmittal Resolution 1 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. 2 3 4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 5 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 6 00 7 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: 8 9 Proposed Amendment: deletions are ;additions are shown in underlined. 10 2030 Comprehensive Plan -GLOSSARY 11 General 12 If definitions sought are not within this section,the County shail utilize the adopted definitions 13 of its LDC and, secondly,refer to the Florida Statutes. If a definition is not provided in these 14 documents,the County shall utilize the term as commonly used. E 1S 16 Defined Terms E 17 Accessory Use or Accessory Structure means a use or structure that: 18 (1) Is subordinate to and serves an existing principal use or principal structure; and 19 (2)Is subordinate in area,extent and purpose to an existing principal use or principal structure 20 served (for this definition docks, pools, pool decks, driveways arc excluded from total o 21 area); and 22 (3)Contributes to the comfort,convenience or necessity of occupants of the principal use or 23 principal structure served; and 24 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as 25 the lot/parcel on which the principal use or principal structure is located;and 26 (5)Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use 27 or principal structure, excluding accessory docking facilities that may be permitted on C 28 adjacent lots/parcels pursuant to section 118-12 of the County's LDC;and 29 (6)Is located in the same land use(zoning)district as the principal use or principal structure, E 30 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC; ancl- 31 7 Accesso uses/structures shall not include secondM dwelling units or lock-out units or 32 any other habitable structures that are occul2ied by a separate and inde endent household. 33 34 Density means an objective measurement of the magnitude of residential use on a site.Density 35 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. 36 37 Density, Allocated means the number of dwelling units or rooms/spaces which may be y 38 permitted to be developed per gross acre of upland without the use of Transferable 39 Development Rights (TDRs). 40 41 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which 42 may be permitted to be developed per buildable acre, with the use of Transferable 43 Development Rights(TDRs)or for affordable housing. 44 Ordinance No. -2020 Page 4 of 9 File 2019-098 Packet Pg. 2525 R.3.0 Exhibit A to Transmittal Resolution 1 Dwelling Unit means one or more rooms physically arranged for occupancy by one household 2 sharing common living,a kitchen cooking),and bathroom toilet facilities.Dwelling units shall 3 not include additional dwelling units second4a dwcllini units lock-out units or an other 4 habitable structures that create a separate independent living area that are occu ied by a 5 separate and indel2endent household without an additional ROGO allocation or ROGO 6 exemption.In reviewing development pLoWsals for dwelling units to ensure lock-out units or 7 an other habitable structures that create a sel2arate independent living area are not created the 8 proposal shall comply with the following: 9 N Bldg. Lockable Unlockable Se arate Internal Full wet Full Half Allowed tune Entrances a Internal s Kitchen b Bar' Baths Bath$ 9 Connection Connection X NA NA X _ X _ NO X NA NA X X NO ACC. X NA NA _ X X _ N X NA NA X X NO X NA NA _ = X YES 14 X X X X NO x x _ X x _- Na X11 X - X X YES 10 CL X X _ - X - X N4 0. X'1 X _ x x YES to C X X -_ X YES 10 X X - - X YES 10 X - X X YES 10 ADD. _ X X _ X _ NO X _ - x x - NO X X X _ X _ NO X - X _ X X _ No x _ x x X yE�1O X x _- - x YES y X - X - YES - X ?� 3{ _ No 10 11 1. General.Note:Not all-possible project design options are shown. As a rule of thumb if an option 12 allows a full kitchen then a wet bar is also permitted in place of or in addition to a full kitchen; r9 13 or, if an option allows a full bath then a half bath is also permitted in place of or in addition to a 14 full bath. 15 2. ACC. = Attached or unattached accessory addition to principal structure with no internal C i6 connection to the structure.May also be considered a lock-out unit. 17 ADD. = Addition to 12rincipal structure with an internal connection to principal structure. May 18 also be considered a lock-out unit. 19 3. A separate entrance is any entrance including sliding lass doors. A special exception rngy be 20 made if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not 21 create lock-out units secondM dwelling unitsguest units donnitn or my other habitable 22 structures that create a separate indepSndent living area. 23 4.A lockable internal connection exists when either household can lock out the outer 24 S.An unlockable internal connection exists when one Vgly cannot exclude the other par- An open 25 wall is an unlockable internal connection. A door or doorway is not an unlockable internal Ordinance No. -2020 Page 5 of 9 File 2019-098 Packet Pg. 2526 R.3.0 Exhibit A to Transmittal Resolution 1 connection. To be an unlockable internal connection the cased opening must be 42 inches or 2 more in width. 3 6.A full kitchen is an food preparation facili larger than a wet bar. Plumbin 'stub outs' shall be 4 considered a kitchen. o 5 7.A wet bar is a food or drink preparation area limited to a total counter surface area of 16 s ware 6 feet(including a sink with design limitations of one bin and limited to one 1 square foot in size 7 with electricity limited to 110 volt service. 8 8.A full bath contains at a minimum a sink,toilet and bath or shower. A half bath at a maximum 9 ma contain a toilet and a sink. 10 9.YES=development proposal/design mg be approved. 11 NO=development 12roposal/desin shall not be a roved. 12 la. Re uires a restrictive covenant limiting the dwelling unit to occupancy by a single household W 13 serving only as a INnnanent residential unit. Pro osal cannot create lock-out units second 14 dwelling unitsguest units dormito or any other habitable structures that create a separate 15 independent living area occupied by a separate and independent household. o 16 11. Limited to a se arate entrance on a single family detached dwelling unit into an enclosed 17 backyard, co and or pool area of the residence. The separate entrance shall not create lock-out 18 units,secondary dwelling units,guest units,dormitory or any other habitable structures that create 19 a separate independent living area. 20 21 FaniWy means a per-sen Ii-ving alene, or- people li-ving together- as a single heusehold and CL 22 sharing eemmen living, eeeking, 23 o 24 �? 25 16 27 28 Household means all the people who occupy a dwelling_heuaffg-unit. 29 30 , 31 , 32 33 34 Kitchen means any food pre aration area larger than a wet bar,intended or desigLied to be used i 35 for cooking or the preparation of food. The Rresence of a range, oven utility connections 36 suitable for servicing a range or oven and/or plumbing "stub-outs" shall be considered as 37 establishingas ki 38 39 Lock-out unit means any structure or room or group of rooms or portion of a single family or 40 multi-family dwelling or transient unit which creates a separate independent living area which 41 can be accessed and locked or keyed separately from the princiRal eqa to a residential a 42 dwelling unit or transient unit. Lock-out units create a separate independent living 43 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unit 44 which requires an additional ROGO allocation or ROGO exemption and will be counted as a 45 full unit(dwelling unit and/or transient unit when computing the allowable densily on a site. 46 47 Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging 48 establishment as defined by Florida Statutes, intended for transient lodging only for periods Ordinance No._-2020 Page 6 of 9 File 2019-098 Packet Pg. 2527 R.3.0 Exhibit A to Transmittal Resolution 1 not exceeding 30 days. Transient occupancy shall conform to the definition contained in 2 Florida Statutes. For the purposes of density restriction: 3 (1)Hotel or motel unit may be a single bedroom and 1%2 bathrooms or a hotel/motel unit may 4 be a suite which may include a kitchenette but no more than 1'/2 bathrooms and one bedroom 5 and one other living area. C 6 (2) Suites containing more than one bedroom and 1%2 baths may be constructed; however, 7 each bedroom/full bath combination shall be considered a hotel/motel unit. 8 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling 9 access so that the hotel or motel unit as defined herein is not divisible into separately cv 10 rentable units. 11 W° 12 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel 13 room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. 14 Transient units limited to hotel or motel rooms mgy include lock-out units that meet the 15 criteria within the definition of"Room Hotel or Moter'and shall require an additional ROGO 16 exemption for each lock-out unit. 17 18 Wet Isar means is a food or drink preparation area limited to a total counter surface area of 16 19 s uare feet a single one-bin sink of ones uare foot and electrical service limited to 110 volt 20 service. 21 ***** 22 0 23 Policy 101.3.1 24 Monroe County shall maintain a Permit Allocation System for new residential development 25 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation 26 System shall limit the number of permits issued for new residential dwelling units.The ROGO 27 allocation system shall apply within the unincorporated area of the county, excluding areas 28 within the county mainland and within the Ocean Reef planned development (Future 29 development in the Ocean Reef planned development is based upon the December 2010 Ocean 30 Reef Club Vested Development Rights Letter recognized and issued by the Department of 31 Community Affairs).New residential dwelling units included in the ROGO allocation system 32 include the following: affordable housing units;market rate dwelling units;mobile homes;and 33 institutional residential units(except hospital rooms). cv 34 35 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a 36 distinct location, and therefore cannot be accounted for in the County hurricane evacuation 37 model. Under no circumstances shall a vessel,including live-aboard vessels,or associated wet 38 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not considered ROGO allocation awards, and may not be used as the 40 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption). 41 42 ROGO Allocations for rooms, hotel or motel; campground spaces;transient residential units; 43 and seasonal residential units are subject to Policy 101.3.5. 44 45 Policy 101.3.5 46 Due to the limited number of allocations and the State's requirement that the County maintain 47 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit Ordinance No. -2020 Page 7 of 9 File 2019-099 Packet Pg. 2528 R.3.0 Exhibit A to Transmittal Resolution 1 new transient residential allocations for hotel or motel rooms, and any lock-out unite 2 campground spaces, or spaces for parking a recreational vehicle or travel trailer until May 3 2022. Lawfully established transient units shall be entitled to one unit for each type of unit in 4 existence before January 4, 1996 for use as a ROGO exemption. 5 0 6 7 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or co CD 8 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 9 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 10 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 11 provision immediately involved in the controversy in which such judgment or decree shall be W 12 rendered. 0 0 13 14 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 15 this ordinance are hereby repealed to the extent of said conflict. 16 17 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 0 18 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 19 20 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State 21 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency 22 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 23 Statutes and after any applicable challenges have been resolved. 24 25 Section b. Inclusion in the Monroe County Comprehensive Plan. The text amendment 26 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing 27 amendment may be renumbered to conform to the numbering in the Monroe County 28 Comprehensive Plan. 0 29 30 Section 7. Effective Date. This ordinance shall become as provided by law and stated 31 above. 32 33 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 34 Florida, at a regular meeting held on the day of r9 35 36 Mayor Michelle Coldiron 37 Mayor Pro Tem David Rice 38 --- Commissioner Craig Cates 39 Commissioner Eddie Martinez 40 Commissioner Mike Forster 41 ca 42 43 44 45 46 Ordinance No. -2020 Page 8 of 9 File 2019-098 Packet Pg. 2529 R.3.0 Exhibit A to Transmittal Resolution 1 BOARD OF COUNTY COMMISSIONERS 2 OF MONROE COUNTY, FLORIDA 3 4 BY o 5 MAYOR MICHELLE COLDIRON 600 7 (SEAL) 8 9 ATTEST: KEVIN MADOK, CLERK cV 10 11 12 AS DEPUTY CLERK 13 14 ra CL 0. C C i cv CD cv r9 0 Ordinance No. -2020 Page 9 of 9 File 2019-09$ Packet Pg. 2530 R.3.c 1 KE.Yt WEST Eli C The Florida Keys Only Defty Newspaper,Est,1876 PO Bar 1800,Key MW R-33047 P(305)292-rWext.219 F(305)295-M6 Ansficllheysrl wi-com (� MONROE CO PLANNING UEPT MURRY E NELSON GOVERNMENT"CENTER , 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138%4 Ticket: 373683 W PUBLISHER'S AFFIDAVIT STATE OF FLORIDA 2 [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared � ,who an oath says that he or she is � of the Key West citizen,a daily newspaper pub Key waO in Monroe County,Florida;that the attached CL copy of advetisment,being a legal notice in the matter of was published in said 0. newspaper in the issues of C Sunday,January 3,2021 v iunant further says that the Key West Citizen is a newspaper published in Key 0) 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 at the post office in Key Wiest,in said 0) Monroe County,Florida,for a period of 1 year next pmoading the first publication of the attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount,rebate, C commission or refund for the purpose of securing this advertisement for putNica- lion in a said ewspa m ( g nt sub fore me this 4th day of January 2021 �I tV tV [ is Si Dy' r9 S C [Notary P is Printed Name] [Notary Seal] My commission expires _ 0 (n 0) Personally Known_X— Produced identification U Type of Identification Produced Sue"n Stamper CDMMON t 06.232802 E]LPvn am 27.2022 Bathed'MM Aron Nobly M0NR0EC0PL-94-37M83.1.pdf 7 1Mal 1%EPM V Packet Pg. 2531 a R.3 c -- MONROE COUNT BOARD COMMISSIONERS i "IETING AND ,r ,'r�Vi »' N Ti iNOTICE s l", s 0 MONROE I PLAN co CD 't s CD 1 )Y -5, 47 � 1 V EN that Yr J u , !� onm" u Iql Id M !rg Ia III u M. fomw NatQNCI N.: N GTHE TRACT aI � �0,111,91N, THE �F�# Q ti��jrrSt�31 gxVIl4.� ,✓. i : '' i G� tr Pony ' C- �, ENht �' l _ t D 300 " na � AN ��� Fta 1 91T1 T�IWdE E I �a ,� t i1 lblN fj IN THE MONK ime POE 0 ,, QQ llT� �` ILS, N Roo "PPLIP DEFI M FOR ON F0 �I + �so�,l TY IP IEtl� IVEEms„I R III N Ws ND E T �l kg 1� O 0 COt� 4 a menve4tl aPOLICY 601,2,1a P ",6Q1 ., , POD 501 ��D, "AA, p SIT , 110N;� E TEI3 p TIC I T AUP 11 P MAY IMPACT SHE`T, OtHE �� � THE KEY WEST INTERNATIONAL I: AN- D THE'FLORIDA KEYS MAMMONt,l., AIRPORT � , � , y CONSISTENT THE P, � PORT,A , TE TPO EACH PLYOU W A'E w AUTHORIZATION LII E IT ,I I �'!49f ��ION VI" I U-14� fJ )U at mow.�u Idoa and O rr v p " ICI t � r to ot 00 11 pmeedingsis made,wNch t surn y a evil 0a upon � 0 . A AS I `AAM If re"x4th 8 dNabioty who i ) conies Ohe,Comnty AO ti*W h u µ � a o '�five * kp Aw"2dwa KvYwwgv j a Packet Pg. 2532 rs R.3.d f (r t 4i 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 7 To: Monroe County Board of County Commissioners 8 9 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 10 11 From: Mayte Santamaria, Senior Planning Policy Advisor 12 0 13 Date: September 25, 2020, updated April 13, 2021 14 E 15 Subject: An ordinance by Monroe County Board of County Commissioners adopting 16 amendments to the Monroe County 2030 Comprehensive Plan amending the Glossary E 17 to modify the definition of Accessory Use or Accessory Structure, modify the 18 definition of Dwelling Unit, delete the definition of Family, modify the definition of CL 19 Household, create a definition for kitchen, create a definition for Lock-out Unit, 0 20 modify the definition of Transient Unit; create a definition for wet bar; and amending 0 21 Policy 101.3.5 to address the term Lock-out Unit. (File 2019 - 098) 22 z ® 23 Meeting: October 21, 2020 (item tabled by BOCC) P CL 24 January 20, 2021 (transmittal), May 19, 2021 (adoption) 25 i 26 I. REQUEST 27 28 The Monroe County Planning & Environmental Resources Department is proposing an amendment i 29 to the 2030 Comprehensive Plan amending the Glossary to modify the definition of Accessory Use 0 30 or Accessory Structure, modify the definition of Dwelling Unit, delete the definition of Family, 31 modify the definition of Household, create a definition for kitchen, create a definition for Lock-out _i 32 Unit (specking that lock-out units are separate independent living area/habitable spaces and 33 shall be considered a unit (dwelling unit and/or transient unit) which requires an additional �- 34 ROGO allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or E 35 transient unit) when computing the allowable density on a site), modify the definition of Transient U 36 Unit; create a definition for wet bar; and amending Policy 101.3.5 to address the term Lock-out U 37 Unit. 38 39 IL BACKGROUND INFORMATION 40 41 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 42 and Land Development Code. The 2030 Comprehensive Plan was adopted pursuant to Ordinance U) 43 005-2016 was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. col 44 DEO issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The 45 Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the 46 Notice of Intent on the DEO Website on June 20, 2016. 47 48 The Monroe County Land Development Code was adopted pursuant to Ordinance 006-2016 and 49 was transmitted to DEO on May 24, 2016. On July 26, 2016, DEO published Final Order BOCC SR Page 1 of 19 File No.2019-098 Packet Pg. 2533 R.3.d I DEO-16-130 in the Florida Administrative Register approving the Monroe County Land 2 Development Code. The Final Order would have become effective 21 days after publication in the 3 Florida Administrative Register (August 16, 2016) but a petition was filed. On August 10, 2016, 4 the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 5 2016, the BOCC adopted an ordinance amending Section 130-165 to resolve the Petition 6 challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing 9 7 the Monroe County Land Development Code to become effective. The County's updated Land 8 Development Code became effective on February 3, 2017. 9 4- 10 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land 11 Development Code included definitions which were amended with the adoption of the new Land 12 Development Code in April 2016. Both documents include a definition for family. Neither o 13 document includes a definition of"lock-out." 14 E 15 The Monroe Count Board of County Commissioners at a regular meeting on February 15 Y tY � g g rY , � 16 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain E 17 development applications proposing occupancy by "three unrelated people" or "two unrelated 18 people and any children related to either of them" of a dwelling unit or utilizing the term CL 19 "lock-out," due to pending legislation. 0 20 c c, 21 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular Z 22 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance 23 to impose a temporary moratorium deferring the approval of new applications or received 0. 24 applications that have not been fully approved, commencing March 15, 2017, for comprehensive 0 25 plan or land development code amendments, development agreements (including 380 development 26 agreements), and minor and major conditional use permits (excluding applications proposing only 27 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 28 unrelated people and any children related to either of them" of a dwelling unit, and applications 29 utilizing the term "lock-out." 0 30 31 On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the 0i 32 365 day temporary moratorium described above. 33 34 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the E 35 365 day moratorium described above. 36 cap 37 On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365 U 38 day moratorium described above. This moratorium went into effect on November 8, 2019 and runs 39 through November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and 0 40 effective, whichever comes first. 41 42 On October 21, 2020, the BOCC held a transmittal hearing for the proposed Comprehensive Plan 43 amendment to address lock-out units. The BOCC discussed the proposed Comp Plan amendment co 44 but decided not to transmit the amendment because the BOCC wanted to address the scenario of a 45 master bedroom with a separate entrance (ex: to the pool area), a lockable internal connection 46 (regular door), a coffee bar/wine bar and a bathroom. The BOCC mentioned that development 47 standards have evolved since 1998 (date of MOU with DCA) and this is a typical design/floor plan 48 requested by occupants. E 49 BOCC SR Page 2 of 19 File No.2019-098 Packet Pg. 2534 R.3.d I Staff discussed the amendment with DEO staff on November 24, 2020, including proposed edits to 2 address the BOCC direction to accommodate current development standards by adding two 3 additional scenarios to the table included within the definition of `dwelling unit.' DEO stated, at 4 this time, they did not identify any issues or edits with the proposed edits (see proposed 5 amendment section below). 6 7 On January 20, 2021, the BOCC approved Resolution 039-2021 transmitting the proposed text 8 amendment to the State for review. a� 9 10 Staff is proposing a corresponding amendment to the Land Development Code. The subject of this 11 staff report is the proposed amendment to the Comprehensive Plan. 12 0 13 a� 14 Community Meeting and Public Participation 15 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on June 22, 2020 16 to provide for public input. There were 2 members of the public in attendance. During the meeting, E 17 this amendment to the Comprehensive Plan (File 2019-098), the IDO extension (File 2020-066) 18 and the Land Development Code amendment (File 2019-099) were explained. The public mainly a. 19 asked for clarification of the amendment provisions and noted that they hoped the amendment 0. E 20 would address concerns about creating multiple "houses" with one ROGO allocation. c 21 22 Development Review Committee and Public Input 23 The Development Review Committee considered the proposed amendment at a regular meeting on 0. 24 July 21, 2020 and received public input. One member of the public ask if the amendment would 0 25 apply retrospectively. 26 27 Planning Commission and Public Input 28 The Planning Commission considered the proposed amendment at a regular meeting on U-I 29 September 23, 2020,provided for public input and recommended approval, with direction for staff 0 30 to address, within the matrix included in the dwelling unit definition, the scenario of a separate 31 entrance without a lockable internal connection. 0i 32 33 111. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS CL 0. 34 35 Proposed Amendment(deletions are c 1 g ; additions are shown in underline-d): i�i 36 37 2030 Comprehensive Plan - GLOSSARY 38 If definitions sought are not within this section, the County shall utilize the adopted definitions of its i 39 LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the c 40 County shall utilize the term as commonly used. 41 42 Defined Terms 43 Accessory Use or Accessory Structure means a use or structure that: co 44 (1) Is subordinate to and serves an existing principal use or principal structure; and 45 (2) Is subordinate in area, extent and purpose to an existing principal use or principal 46 structure served (for this definition docks, pools, pool decks, driveways are excluded 47 from total area); and 48 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or E 49 principal structure served; and 50 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the < BOCC SR Page 3 of 19 File No.2019-098 Packet Pg. 2535 R.3.d I lot/parcel on which the principal use or principal structure is located; and 2 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use 3 or principal structure, excluding accessory docking facilities that may be permitted on 0 4 adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and 5 (6) Is located in the same land use (zoning) district as the principal use or principal structure, 6 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC-mand-, 7 (7 ccesst>ry uses%stactLres shall nt>t inclncle sect>nclary dwelling rtnits t>r lock-out units or 8 anv__otlimer],iabitable_strut—turesmtlimat_are--ocLm N 9 10 Density means an objective measurement of the magnitude of residential use on a site. Density 11 is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. 12 13 Density, Allocated means the number of dwelling units or rooms/spaces which may be permitted 14 to be developed per gross acre of upland without the use of Transferable Development Rights E 15 (TDRs). 16 E 17 Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which 18 may be permitted to be developed per buildable acre, with the use of Transferable Development a. 19 Rights (TDRs) or for affordable housing. 0 20 U 21 Dwelling Unit means one or more rooms physically arranged for occupancy by one household 22 sharing common living, a_l.jmt Ijg __(cookingj, and bathroo_rn_&il t facilities.-Dwelling units shall 23 n_ot lnc.Lu e...gddi6o.na1. d.wellln unts. secon. �-v dwllingy nis....lokot :L or anv otlier CLi 24 habitable structures that create a separate incle��enclent ltvtn� area that are t�ccL� iecl by a se mate 25 and independent...l�c�L�sel�c�ltlA..witl�t�L�:t...�n additional RC3C�C3...allocation or C3C�C3...exern tion. n i 26 reviewin4 develo)nent — c>sals for dwell' rtni�ts. �tt> ensure lock-out units t>r anv other 27 habitable structures that create � se mate lnd end nt ltvtn� a�.ea ale nt�t created the �.t�sa1 � 28 shall mc,tLID lv with the ft>llt>wtn � .i 29 m __ m_ m___ � ct n Lock ible Un ock ible S��arit, F« wet F«:.: F€i f tv? Entrance Ct�rra; (ntc rr <i; �tcl�en` Bar ' Bath Bath p1l;o`y c c `' C crt n�c ttcrra T C"crnn�c ttcrra it............ � NA NA - - X NO 0. f1.0 C.. X N1 N1 - X X - NO X NA NA - X - X NO � X TVA TVA _ _ X _ YES 10 NOca X X - - X X - NO X'' X _ _ X X _ YES'0 X X - - X - X NO X'' X _ _ X _ X YES'0 YES 10 co - X - - X X _ YES'0 - X - - NO cv NO X: - X X X NO � 2 - S. 2 - NO X _ X DES 10 BOCC SR Page 4 of 19 File No.2019-098 Packet Pg. 2536 X X X YES X X YES .0 X X X NO ...... ...... ...... ............ 0 2 1. Gerieral -Note: -Not.al - s5i-I o'C tj are showri. As a rtile of thLi b j ..a p 5 ........................................................................... .......... ........................................................................................................... ...........f 3 allows a fLill kitcheri theri a wet b r.is..also gnitted iri place of or iri addition to a full kitcheri-, or, if a) a .allows ......................................... ................................ 4 jb.gri a half bath 's.also..p t r.. ace afar iri a Mori to a ...........................I " _gf d-i i Li at i. 5 2. ACC. :::::::: Attached or Lgiattached accessory addition to Dal StRICUII-C with rio 'riterrial coririect' ................................................................................................................................................................................---........................................... C44 6 the strticttire..May also be corisidered a lack-out unit. W ................................................. ............. 7 ADD. :::::::: Addiflori t al structure with ari 'riterrial coriric Dal Stl-LICUII-C also be ............................................................................ ................................ 8 coris'dered a lack-out trait. :5 .............. ................................ A 0 9 3,.A..S Darate critrarice is �irierit�rarice i�richidirig s i iritz ,(:lass doors. cia ..e be made if .... ........ ....�naat�ra� "Ira or .2 10 the critrarice is irito ari criclosed courtyard Baal area. The seDarate critrarice shall riot create lock-OLIt ...................................................................................................................................................... . .............................. 11 ani Ey L111 t ..j2E qpy...j2jher habitable strtiCtLires that create a 1�-L.ecoridar Liriits,..,(;Lies't Liriits....do to. .. .......... ........... ................................................................................................................................................... 12 s rate 'rideDeriderit I' Mt. i.............. Cl—liNllrlL7..�'�I.Eg.�'..I..... E 13 4. A lockable iriterrial coririectiori exists wheri either hOLIschold cari lock OU t e ot er ...............................................................................................................................................................................................................................................................................................................t.....h h..........2 irty. 14 5. Arl UrIlockable triterrial coririectiori exists wheri orie ar - caririot CXCILide...the..other party. Ari oRgLi wall .............................................................................................................................................................................................................................P ty................................................................ ............................. ................ .......... E 15 s arl UrIlockable 'riterrial coririect'ori. A door or do 1`1 LITIlockable triterrial coririectiori. To ...................................................................i...............................................................i.......................................................................a!�yU ja r1o. .I...q.......................................................................................................................................................... 16 be art UrIlockable Iriterrial coririectiori t e.ca ed 1`111`U7 List be 42 triches or more tri width. ...............................................................................�h __S_____Q.Rgjjj.................................................................................................................width. CL 17 6. A Rill kitcheri..is.ariv food DreDaratiolLfacility larger thari a wet bar. PlLImbIrijCs'tLib ants' shall be ..................................................................... .......................... ...................................................................................................................... 18 c..o.n sid-c-Lc-d--q. kit.c.h.c.11.. E 0 19 7. A wet bar is a food or dririk -ore ratiori area limited to a total COUrIter Surface area of 16 SCILiare feet U ....................................................................................................................... 20 OrICILidiritz a sirik �Otli desit4ri I'm'tat'oris of orie b'ri and limited to arse C lli.-I feat lriMICILICIML� 11—SIriK W'1111 CICSIL�........... ..........i.....................................................i............................... ...............z z 21 electric limited to I 10 volt sere' 0 .............. ............................................................................... 22 8. A ..................ft.....l.l.....bath...c..o.....n.....ta.rl.s,-it a 111ii111IL111 a si toilet grid r sjio��er. _ half_ atha! i �L -.! -ay _ CL 23 coritairi a toilet and a sirik. 0 ...................................................... 24 9� YES.. de p 'ed. ............................. .......el.. 25 N 0 d e v e I .........................26 1 ires a restrictive coveriarit 1`1 Wilt to OCCUIparicy bUy a Stri le hOLIschold s ry E '111L� L�.............................................................................................................. ........................ .... ...................... ...................................... 27 orilv as as permarierit resideritial...Urlit....P[p q -1 C C -OLIt Wilts secoridqr-y &yellrrig Liriits U- ................................................................................................................... ...... p 5 at..........12cl.......................................................................... 28 LMCSt d Wilts, ......le. ........... ,seal etc iricic,keriderit livirig area 0 29 0 CL112j�d�b- a�searate and 'r d riderit hOLIschold. I ......... ........................................ 30 11. L.'m t d epa C a 0..............._I_j C ..to..a s rate crib on sIIL(-LIe_fargily detached deg trite ari criclos d.b ckyard, ....................................................... ...... ................................................................................................— 31 COUrt -ar o s C.-ridary y d- L. riot create lack-out Wilts........ 32 dwellip-6) Liri its, Lie r habitable strLICtLires that crea Irate ........................ .......... ...................................................................................................................................................... 33 irid�12gL�derit fivrmLarea. CL ........... 0. 34 E 35 0 36 37 0 38 39 0 40 41 42 Household means all the people who occupy a dE. Ili D.&heAisi unit. 1 U) 43 Co CD 44 as 45 CD 46 47 E 48 BOCCSR Page 5 of 19 File No.2019-098 1 Packet Pg. 2537 I Kitchen f(.)o ed 2 for coot C m4e., oven. utility c onne ct ion s suitable ta b k� 0 3 for servj6jj!gT.A.jA!j,6,e_(.)r (.)ven...and/or jurnbing stab oats' shall be considered as e t I s ................................. ..............................IL............ ......... ..................................................................................................gq i..hing a ... .............. 0 4 kitchen, 5 6 Lock-out unit means any structure or-roorn-_or ----------------- 7 .i..n.....u.....l....t......-...f.,...n......i...tydwellin_4_()t—trinsiert Unit which creates a sepqj indgpentlent I1Ving.....area which 8 can be accessed and locked or keyed arincilaal entry to a residential dwellimz, --------------------------------------------------- 9 unit or transient unit, I..,ock-out units create i i ........................................................................................................................................................................................................ d gP 1.1 v m4 area,/habi table ............ 10 which shall be considered a unit rdwellim4 unit and"or transient which r an additional 11 ROGO allocation or ROGO ex p 0 ern .�ion and will be counted as..a full unit... unit and/ter .......................................................................................................................................................... ........................................................................................................................................................................... 12 transient uni wh ip 7v on a si te,-gjjj!g-dhe allowable density .2 13 14 Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging E 15 establishment as defined by Florida Statutes, intended for transient lodging only for periods not 16 exceeding 30 days. Transient occupancy shall conform to the definition contained in Florida E 17 Statutes. For the purposes of density restriction: 18 (1) Hotel or motel unit may be a single bedroom and I 1/2bathrooms or a hotel/motel unit may CL 19 be a suite which may include a kitchenette but no more than I 1/2bathrooms and one bedroom E0. 20 and one other living area. 0 21 (2) Suites containing more than one bedroom and I 1/2baths may be constructed; however, each z 22 bedroom/full bath combination shall be considered a hotel/motel unit. 0 23 (3) All entrances to a hotel or motel unit shall share the same key or means of controlling CL 24 access so that the hotel or motel unit as defined herein is not divisible into separately rentable 0 25 units. eti 26 E 27 Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel room, M U- 28 seasonal residential unit, or space for parking a recreational vehicle or travel trailer. Transient'29 units,, to hotel or motel roons., may include lock-out units that meet the criteria within the 0 .................... ..............................................................................................................................i.......... 1 30 deftition of"Roon Hotel or UoteP' and shall ditional ROG e ion for each__jLgVjLg__�jjj_ad 0- 'Ii�L 11) ---------------- ------------------------------- ------------------------------- --- 0 31 IQ..ck-.Qu. .I...u.n il, 32 33 Wet har rneans is a food or drin.k.-p.Egp area limited to a total counter surface area of' 16 CL ................................................................................................................................................... 34 si service limited to I 10 volt, E 35 service, 0 ............................... 36 37 0 38 Policy 101.3.5 CO 39 Due to the limited number of allocations and the State's requirement that the County maintain a 0 40 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new 41 transient residential allocations for hotel or motel rooms, a1i.d....afly units. 42 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully U) 43 established transient units shall be entitled to one unit for each type of unit in existence before CO 44 January 4, 1996 for use as a ROGO exemption. 45 46 E BOCCSR Page 6 of 19 File No.2019-098 1 Packet Pg. 2538 R.3.d I IV. ANALYSIS OF PROPOSED AMENDMENT _ 2 c 3 4 LOCK-OUT 5 The BOCC directed staff to propose amendments to address applications proposing developmentco 6 with the use of "lock-outs" of units which could be utilized as separate dwelling unit or another a) 7 potentially habitable structure without the requirement of a separate ROGO allocation/exemption. 8 N 9 The requirement in Florida Statute, Administration Commission Rule and the Comprehensive Plan 10 is that hurricane evacuation clearance must be maintained at 24 hours for the resident population. 11 The policies and regulations adopted in the Monroe County Comprehensive Plan and Land oe 12 Development Code are to maintain public health, safety, and welfare of the citizens of the Florida o 13 Keys and to strengthen our local government capability to manage land use and development. As a 14 direct result of State's legislative and administrative growth restriction mandates, the County has E 15 adopted local ordinances, such as Rate of Growth Ordinance (ROGO), to fairly and competitively 16 allocate the limited number of permits for new dwelling units. E 17 18 The BOCC previously discussed the use of a "lock-out" (a separate, independent living space) CL 19 within a dwelling unit - for concerns with developing without a ROGO allocation and potentially 0 20 circumventing density limitations. These discussions have identified a concern that the use of 21 "lock-outs" will create unintended impacts/consequences of additional units, vehicles, people and U 22 disturbances (noise complaints) and the "lock-outs" are not in line with the state mandated Rate of 23 Growth Ordinance (ROGO) process for maintaining hurricane evacuation clearance times. CL 24 Currently, the Monroe County 2030 Comprehensive Plan and Land Development Code are silent 0 25 on use of"lock-outs" and density is calculated based on units and not an undefined"lock-out." 26 27 Example of a28 lock-out unit29 1 NY M� 30 configuration: . . . . . . . . . c 31 u�.� ,���. c 32 BEDROOM j atbRoom 33 AREACL 34 a 35 WET BAR d� - 37 38 n 7 FULL KH(;Ht,� . + rHnoi 39 ;�� c 40 41 Note,the proposed amendments to the `dwelling unit' definition with the table of allowed and not allowed 42 configurations,would not allow the configuration depicted above. U) 43 co 44 n Lock ible Un oc is i�stcn CD Full Wet Full Hi I f 45 LVP.9 Into rna If�t..rr .... - 46 Fntrat c Litchen... d it d<tl�_` datl� C crane c t�crrta C.:crrtanc c ttcrrta... N 47 X X - X - X - NO 48 ADD. - - - NO 49 - - .2i - .2i NO 50 BOCC SR Page 7 of 19 File No.2019-098 Packet Pg. 2539 R.3.d I The adopted 2030 Comprehensive Plan does not include any policies related to the use of"lock- 2 outs" which could be utilized as separate dwelling unit or another potentially habitable structure 3 without the requirement of a separate ROGO allocation/exemption but does includes the following 0 4 definitions: 5 6 Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing a 7 common living, cooking, and toilet facilities. 8 N 9 Household means all the people who occupy a housing unit. A household includes the related family 03 10 members and all the unrelated people,if any, such as lodgers, foster children, wards, or employees who 11 share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a oe 12 housing unit such as partners or roomers, is also counted as a household. o 13 14 Family means a person living alone, or people living together as a single household and sharing 15 common living, cooking, and toilet facilities: E 16 (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized 17 custodial relationship; E 18 (2) three unrelated people; 19 (3) two unrelated people and any children related to either of them. a. 20 0 21 c 22 The County reviews dwelling unit development proposals based on a Memorandum of U 23 Understanding (MOU)between Monroe County and the Florida Department of Community Affairs 24 (DCA, now DEO) which establishes guidelines for the approval of single family residential CL 25 building permits to ensure that no separate independent living areas are created which are not in 0 26 compliance with the Land Development Regulations. This MOU was approved by the BOCC on 27 February 11, 1998, and specified guidelines which focus on elements of a residence and accessory 28 structures that may create or could create separate independent living areas, such as separate E 29 entrances, lockability of internal connections, and existence of key housekeeping facilities, such as Ui 30 kitchens, wet bars, and bathrooms. An excerpt from the approved MOU is provided below. 0 31 ATTACHMENT A 0 GUIDELIN ES FOR APPROVING 1TIONS THAT DO NOT CREATE � AN ADDITIONAL OWELUNG UNW ZL told. Separate lockable uniockable fall wet bar 611 �/�8sil Alkxw d? . type$ entrance$ internal internal kitchen Satte connection' connections ace. i bld. X PGA NA X X NO X NA NA X No 0 X NA NA X X NCB X NA NA X X NO ?{ NA NA X YES add. X ---- X X No X X X X NO x X X X No X X _.._ X YES ® X X - - X YES KK X .- X X X NO , X _... X X X NO X --�- X X X YES X ---- X X W YES --- x X X YES 32 :.._ X . X X No BOCC SR Page 8 of 19 File No.2019-098 Packet Pg. 2540 R.3.d 1. General Mote:Not all possible project design options are shown. As a rule of thumb,if an option allows a full kitchen then a wet bar Is also permitted in place of or in addition to a full kitchen~or,If an option allows a full batty,then a'%bath is also permitted in place of or to addition to a Ball bath. 2- acc = Attached or unattached accessory addition to principal structure with no intern at connection to 0. the structure, add = Addition to principal structure with an internal connection to principal structure. 3. A separate entrance is any entrance including sliding glass doors, A special exception may be made �y lithe entrance Is onto an enclosed courtyard or pool area. Care should be applied to assure a guest house or dormitory is not created. r 4. A lockable internal connection exists when either party can lock out the other party. cV O S. An unlockable internal connection exists when one party can not exclude the other party. An©pert wall is an unlockable internal connection. A door or doorway is not an unlockable internal connection. O 8. A full kitchen is any food preparation facility larger than a wet bar. Plumbing'stub outs"shall be considered a kitchen. O 7. A wet bar is a food ordrink preparation area limited to a total countersurface area of 15 square feet (including a sink with design limitations of one fait and limited to one(1)square font in size)with O electricity limited to 110 volt service. E 8. A full bath contains,at a minimum,a sink.toilet and bath or shower. A half bath,at a maximum,may O contain a toilet and a sink. O ns S. NO = Design can not be approved. O YES = Design can be approved. M Approval of any project design that does riot dearly fall within one of the listed options can only be CL approved by the Planning Director or Development Review Senior Administrator,after consultation 0. with the Planning Manager of the OCA Field Office, O 1 10, Requires covenant restricting dwelling unit to single family occupancy only, 2 3 l_ 4 To address the BOCC's direction on `lock-outs' and provide consistency with the existing 5 approved MOU between the County and DCA that has been utilized since 1998, staff is 6 recommending including the provisions of the MOU within the definition of "dwelling unit" to 7 ensure separate independent living areas are not created and creating a definition for "lock-out 8 unit" to specify that lock-out units are separate independent living areas/habitable spaces and shall u 9 be considered a unit (dwelling unit and/or transient unit) which requires an additional ROGO 10 allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or transient 11 unit)when computing the allowable density on a site. 0 12 �I 13 Staff has proposed requiring a restrictive covenant to most of the development proposals/designs 2 14 that may be approved. The restrictive covenant limits the dwelling unit to occupancy by a single 0. 15 household serving only as a permanent residential unit. As defined by the LDC, `permanent 0 16 residential unit' means a dwelling unit that is designed for, and capable of, serving as a residence t�l 17 for a household for non-transient occupancy, excluding hotel, motel, and recreational vehicle. t� 18 ca 19 Additionally, staff has added three additional scenarios into the matrix of possible project design r_I 20 options, to capture other likely development proposals/designs, as follows: 21 don Lockable IJn ocjc ble � Sexar its Full Wet, Full Half � tv? Entrance I is ry a; internal<t; L itcl��n` Bar ' loth .................... 00 .............................................. _.............................................. X - X - X - NO cv X11 X - - X X - YES'° � X11 X - - X - X YES�€r 22 BOCC SR Page 9 of 19 File No.2019-098 Packet Pg. 2541 R.3.d I FAMILY 2 The BOCC directed staff to propose amendments to address applications with proposed occupancy 3 by "three unrelated people" or "two unrelated people and any children related to either of them" of 0 4 a dwelling unit, and applications utilizing the term "lock-out." Along with the proposed 5 amendments to address "lock-out units," staff is proposing to delete the definition of"family," as rx� 6 the term does not appear to be utilized in the code (see exhibit 6 to the staff report) and does not 7 appear necessary and because there isn't a consistently used definition of family that covers the 8 diverse composition of families. Additionally, staff is proposing to amend the definition of 9 `household" to simplify the definition. The lock-out unit amendments should address the concerns 10 of the BOCC regarding impacts/consequences of additional units, vehicles, people and 11 disturbances (noise complaints) and the creation of"lock-out units" are not in line with the state Ie 12 mandated Rate of Growth Ordinance (ROGO) process for maintaining hurricane evacuation o 13 clearance times. 14 E 15 Staff is proposing the following amendments: 16 E 17 one- 1 18 c;errxx�rrrt,°rx�-rr�=i-rz-�=,�ercr�n , c _ H� 'ems CL 19 �� TY ...... ` 3r� z€ a E E3 if � �� } — flv 20 "rrzra Esc- c`.4,,�mz _ 0 21 22 ®_ 23 24 Household means all the people who occupy a _ _ cwclli unit. 25 26 n E6rY YB ra bnl 27 28 f. 1 - 29 30 In developing the recommended amendments, staff completed a review of the adopted code U 31 definitions of multiple local governments throughout the State of Florida for the term `family,' 32 including definitions used by the U.S. Census Bureau, the U.S. Department of Housing and Urban 33 Development, and definitions provided in the APA Planner's Dictionary. Many of the definitions e. 34 are similar to the County's adopted definition and address people related by blood, marriage, E 35 adoption, guardianship, domestic partnership or duly-authorized custodial relationship as well as U 36 maximum numbers of unrelated people. There is not a consistent or standard definition for the U� 37 terms "family" or `household" —nor a consistent maximum number of people. 38 Provision of Government cal 0. Definition of Family unrelated people Monroe County Family means a person living alone, or people living together as a single Up to 3 household and sharing common living,cooking, and toilet facilities: unrelated U)i co (1) Any number of people related by blood, marriage, adoption, people a) guardianship, domestic partnership or duly-authorized custodial relationship; (2)Three unrelated people; 3 Two unrelated people and any children related to either of them. m City of Key West, Family means: Up to 4 FL (1) One person or a group of two or more persons related by blood, unrelated BOCC SR Page 10 of 19 File No.2019-098 Packet Pg. 2542 R.3.d marriage, adoption, or foster care occupying a dwelling unit as a people separate, independent, not-for-profit housekeeping unit with a 0 single kitchen and set of culinary facilities. Such family may also include up to two unrelated persons who serve as servants or caretakers for the housekeeping unit; orco (2) Up to four unrelated persons occupying a dwelling unit as a w CD separate, independent, not-for-profit housekeeping unit with a single kitchen and set of culinary facilities. City of Marathon, Family: One (1) or more persons occupying a living unit as a single, No limit FL nonprofit housekeeping unit. Village of Family means an individual or two or more persons related to each other Up to 6 Islamorada, FL by blood, marriage, or adoption; or no more than six unrelated unrelated individuals living together as a single housekeeping unit. This definition people 2 does not apply to a group occupying a boardinghouse,hotel, or motel. Sarasota, FL Family: An individual, or two or more persons related by blood, Up to 4 E marriage or adoption, living together as a single housekeeping unit; or a unrelated group of not more than four persons not related by blood, marriage or people m adoption,living together as a single housekeeping unit. Alachua County, Family: One or more persons occupying a living unit as a single, No limit a. FL nonprofit housekeeping unit. 0. Miami Beach, FL Family means an individual or two or more persons related by blood or Up to 3 c marriage, or a group of not more than three persons(excluding servants) unrelated �? who need not be related by blood or marriage, living together as a single people housekeeping unit in a dwelling. CL Broward County, Family: Any number of persons living together as a single housekeeping No Limit FL unit, whether legally related to each other or not. The persons eti constituting a family may also include gratuitous guests and domestic servants,but shall not include paying guests. E Fort Myers, FL Family means one or more persons living together as a single No limit "'i housekeeping unit, as distinguished from a group occupying a c boardinghouse, lodginghouse, club, fraternity, or hotel. A personal caretaker or nursing care provider serving one of the family members 0 and who lives onsite is also considered a family member. i Lauderdale-By- Family. One person or a group of two or more persons living together Up to 3 CL The-Sea, FL and interrelated by bonds of consanguinity, domestic partnership, unrelated marriage or legal adoption, or a group of persons not more than three in people E number who are not so interrelated, occupying the whole or part of a cJi dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 i years whose legal custody has been awarded to the State Department of Children and Families (DCF) or to a child-placing agency licensed by DCF, or who is otherwise considered to be a foster child under the laws of the State, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of OI co this chapter. Nothing herein shall be construed to include any roomer or w boarder as a member of a family. , Lee County, FL Family: One or more persons occupying a dwelling unit and living as a Up to 2 single nonprofit housekeeping unit, provided that a group of three or unrelated N more adults who are not related by blood,marriage or adoption shall not people be deemed to constitute a family, and further provided that domestic employees may be housed on the premises without being counted as a separate or additional family. The term "family" shall not be construed BOCC SR Page 11 of 19 File No.2019-098 Packet Pg. 2543 R.3.d to mean a fraternity, sorority, club, monastery, convent or institutional _ group- 0 c Martin County, FL Family: Up to 50. 1. One or more persons related by blood, marriage, adoption, or unrelated guardianship occupying a single residential dwelling unit as a single peopleco housekeeping unit and sharing common facilities; or a) 2. Any group of up to five persons occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. N Orange County, Family shall mean an individual; or two (2) or more persons related by Up to 4 FL blood, marriage or adoption, exclusive of household servants, occupying unrelated a dwelling and living as a single housekeeping unit; or four(4) or fewer people persons, not related by blood, marriage or adoption, exclusive of household servants, occupying a dwelling and living as a single 2 housekeeping unit, in either case as distinguished from persons occupying a boardinghouse, lodging house, rooming house, nursing home, community residential home,or hotel, as herein defined. City of Orlando, Family: One or more persons occupying a single dwelling unit and Does not E FL living as a single housekeeping unit, provided that unless all members mention are related by blood, marriage, adoption or foster care responsibility, no unrelated such family shall contain over five persons. people 0. This term includes Community Residential Homes occupied by not over E six CRH residents; but does not include any fraternity, sorority, club, Family is a to convent, monastery, or group housing. max of 5 z people. St.Pete Beach, FL Family means one or more individuals related by blood, marriage, or Up to 4 CL CL adoption or fostering of children under the age of 25, and up to two unrelated unrelated persons who serve as caretakers, servants, or housekeepers, people i occupying a dwelling unit and living as a single household unit. Family shall also be defined as four or less unrelated individuals for the purposes of residential occupancy. The term "family" shall not be i construed to mean a fraternity, sorority, club, or other institutional group. Town of Palm Family means an individual; or two or more persons related by legal Up to 3 0 Beach, FL adoption, blood, or a licit marriage; or a group of not more than three unrelated persons who need not be related by blood or marriage, living together as people a sin le housekeeping unit in a dwelling. L 0. Pensacola, FL Family means one or more persons occupying a dwelling unit and using Does not common utility services,provided that unless all members are related by mention Ui blood or marriage,no such family shall contain over four(4)persons. unrelated U people Family is a c max of 4 people Jacksonville, FL Family means one or more persons occupying a single dwelling unit; Does not provided, that, unless all members are related by law,blood, adoption or mention co marriage, no family shall contain over five persons. Domestic servants unrelated a) CD employed on the premises may be housed on the premises without being people counted as a separate or additional family or families. The term family shall not be construed to mean a fraternity, sorority, club, monastery or Family is a `.44 convent, rooming or boardinghouse, emergency shelter, emergency max of 5 shelter home, group care home, residential treatment facility, recovery people home or nursing home, foster care home or family care home. St. Lucie County, Family: One (1) or more persons occupying a single housekee in unit, Does not BOCC SR Page 12 of 19 File No.2019-098 Packet Pg. 2544 R.3.d FL provided that unless all members are related by blood, legal adoption, or mention marriage,no such family shall contain over six(6)persons, and provided unrelated further that such family may include gratuitous guests and domestic people0. servants. c Family is a00 max of 6 w 1 N 2 U.S. Census Bureau m 3 Family: A family is a group of two people or more (one of whom is the householder) related by birth, 4 marriage, or adoption and residing together; all such people (including related subfamily members) are 5 considered as members of one family. Beginning with the 1980 Current Population Survey, unrelated 6 subfamilies (referred to in the past as secondary families) are no longer included in the count of families, 2 7 nor are the members of unrelated subfamilies included in the count of family members. The number of 8 families is equal to the number of family households, however, the count of family members differs from 9 the count of family household members because family household members include any non-relatives living 10 in the household. 11 12 Family group: A family group is any two or more people (not necessarily including a householder) residing 13 together, and related b birth marriage, or adoption. A household may be composed of one such group, c' g � y � g � p y p g p� a. 14 more than one, or none at all. The count of family groups includes family households, related subfamilies, E 15 and unrelated subfamilies. U 16 z 17 Family household: A family household is a household maintained by a householder who is in a family (as 18 defined above), and includes any unrelated people (unrelated subfamily members and/or secondary CL 19 individuals) who may be residing there. The number of family households is equal to the number of 0 20 families. The count of family household members differs from the count of family members, however, in eti 21 that the family household members include all people living in the household, whereas family members 22 include only the householder and his/her relatives. See the definition of family. 23 i 24 HUD (§ 570.3—Definitions) 25 Family refers to the definition of"family"in 24 CFR 5.403. 1 26 0 27 24 CFR 5.403: Family includes, but is not limited to, the following, regardless of actual or perceived 28 sexual orientation, gender identity,or marital status: 29 (1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly L 30 person, or any other single person; or E 31 (2) A group of persons residing together, and such group includes,but is not limited to: cj 32 (1) A family with or without children (a child who is temporarily away from the home because 33 of placement in foster care is considered a member of the family); 34 (ii) An elderly family; 35 (iii) A near-elderly family; 0� 36 (iv) A disabled family; 37 (v) A displaced family; and 38 (vi) The remaining member of a tenant family. 39 i 40 Household means all persons occupying a housing unit. The occupants may be a family, as defined in 24 CO C, CD 41 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who 42 share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital 43 status. N 44 45 APA-A Planners Dictionary 46 Family: A person living alone, or any of the following groups living together as a single nonprofit 47 housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: (1) any number of BOCC SR Page 13 of 19 File No.2019-098 Packet Pg. 2545 R.3.d I people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship; (2) two _ 2 unrelated people; (3) two unrelated people and any children related to either of them; (4) not more than 0 3 eight people who are: (a) residents of a"Family Home" as defined in the [state code] and this ordinance; or 0. 4 (b) "handicapped" as defined in the Fair Housing Act . . . and this ordinance. This definition does not 0 5 include persons currently illegally using or addicted to a "controlled substance"; (5) three or more peopleco 6 who are granted a special-use permit as a"functional family" pursuant to the special use permit procedures w CD 7 section of this ordinance. Familydoes not include an society, club fraternity, sorority, association lodge y Y> Y� Y> 8 combine, federation, coterie, or like organization; any group of individuals whose association is temporary c, 9 or seasonal in nature; any group of individuals who are in a group living arrangement as a result of criminal 10 offenses. (Ames, Iowa) 11 12 One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless Ie 13 all members are related by blood, marriage, or adoption, no such family shall contain over six persons, o 14 including any roomers, boarders, and/or domestic servants. A home for independent living with support 15 personnel that provides room and board,personal care and habilitation services in a family environment as a E 16 single-housekeeping unit for not more than six resident elderly or disabled persons (mentally and/or 17 physically impaired) with at least one, but not more than two resident staff persons shall be considered a E 18 family. (Tulsa, Okla.) 19 20 Two or more persons related by blood, marriage, adoption, or not more than four persons not related by L 0. 21 blood, marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization. (Boone 0 22 County, Mo.) U 23 `✓ 24 An individual or two or more persons related to each other by blood, marriage, or adoption, or a group of 25 not more than four persons not all so related, together with his or their domestic servants, living in aCL 26 dwelling unit. A family may include, in addition thereto, not more than two boarders, roomers, or 0 27 permanent guests,whether or not gratuitous. (Roswell,N. Mex.) eti 28 29 One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children 30 (and including the domestic employees thereof) together with not more than two persons not so related, U_ 31 living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional 32 group of four or fewer persons living in such housekeeping unit shall be considered a separate family for the I 33 purpose of this code. (St.Paul,Minn.) 34 _i 35 Two or more persons related to each other by blood, marriage, or legal adoption living together as a single 36 housekeeping unit; or a group of not more than three persons who need not be related by blood, marriage, or �- 37 legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit. (Lake E 38 County, Ill.) c c, 39 40 One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a 41 group occupying a rooming house or motel. (Gorham, Maine) 42 � 43 One or more persons occupying a premise[s] and living as a single housekeeping unit as distinguished from 44 a group occupying a boardinghouse, lodging house or hotel as herein defined. (Scottsdale Ariz.) g p py g g � g g > 45 46 An individual, or two or more persons related by blood, marriage or adoption, or a group of unrelated U) 47 persons which, if it numbers five or more persons, must be living together as a group in a dwelling unit, 48 using common cooking facilities and as a group bear the generic character of a family as a relatively 49 permanent household. (Santa Rosa, Calif) 50 N 51 Any number of persons living together as a single housekeeping unit under a common housekeeping 52 management plan. (Clarkdale, Ariz.) E 53 U BOCC SR Page 14 of 19 File No.2019-098 Packet Pg. 2546 R.3.d I One or more persons immediately related by blood, marriage or adoption living together as a single 2 housekeeping unit in a dwelling unit together with any domestic employees. A group of not more than six C 3 unrelated persons living together as a single housekeeping unit with their domestic employees shall also be 0. 4 considered a family. (Lake Elsinore, Calif) 0 5co 6 Either: (a) One or more persons related by blood, adoption, or marriage, living and cooking together as a a, CD 7 single nonprofit housekeeping unit, inclusive of household servants, or (b) Two to six persons living and 8 cooking together as a single nonprofit housekeeping unit having a continuing nontransient domestic 9 character though not related by blood, adoption, or marriage. This definition shall not include any society, 10 club, coterie or organization which is not a recognized religious order nor does it include any group of 11 individuals whose association is temporary or seasonal or similar to a resort, boarding house, motel, hotel, 12 or whose association is for an anticipated limited duration or for a determinable period such as a school term 13 or terms. (Beverly Hills, Calif.) o 14 15 Household. The person or persons occupying a dwelling unit(Growing Smart Legislative Guidebook). E 16 17 A family living together in a single dwelling unit with common access to, and common use of, all living and 18 eating areas and all areas and facilities for the preparation and storage of food within the dwelling 19 unit. (Siskiyou County, Calif) 20 c- 0. 21 A family living together in a single dwelling unit with common access to and use of all living and eating 22 areas within the dwelling unit. (Clarkdale, Ariz.) U 23 `✓ 24 A domestic establishment including a member or members of a family or others living under the same roof. 25 (Sandy, Ore.) CL °® 26 0 27 Any number of individuals living together on the premises as a single housekeeping unit, as distinguished 28 from a group occupying a boarding house, lodging house, or hotel as defined herein. (Vadnais Heights, 29 Minn.) 30 ui 31 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 32 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 33 34 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the 35 Monroe County 2030 Comprehensive Plan. Specifically,it furthers: a. 36 E 37 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure 38 the safety of County residents and visitors, and protect valuable natural resources. 39 40 Objective 101.3: Monroe County shall regulate new residential development based upon the i 41 finite carrying capacity of the natural and man-made systems and the growth capacity while 0 42 maintaining a maximum hurricane evacuation clearance time of 24 hours. 43 44 Policy 101.3.1: Monroe County shall maintain a Permit Allocation System for new residential 45 development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit co 46 Allocation System shall limit the number of permits issued for new residential dwelling units. 9 47 The ROGO allocation system shall apply within the unincorporated area of the county, 48 excluding areas within the county mainland and within the Ocean Reef planned development 49 (Future development in the Ocean Reef planned development is based upon the December 50 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the 51 Department of Community Affairs). New residential dwelling units included in the ROGO BOCC SR Page 15 of 19 File No.2019-098 Packet Pg. 2547 R.3.d I allocation system include the following: affordable housing units; market rate dwelling units; 2 mobile homes; and institutional residential units (except hospital rooms). 3 4 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a 5 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation 6 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet 7 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or 8 associated wet slips are not considered ROGO allocation awards, and may not be used as the 9 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption). 10 11 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; 12 and seasonal residential units are subject to Policy 101.3.5. o 13 a� 14 For purposes of this Policy. the redevelopment or replacement of any lawfully established unit 15 within the Venture out community. which is located in the Lower Keys at MM23 on Cudjoe 16 Key, that does not increase the number of units. above that which existed on or before January E 17 4. 1996 shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and r_ 18 101.6.8 shall not apply to Venture Out. and the units within Venture Out may be developed as a. 19 either mobile home or recreational vehicle use through the approval of a building permit. 0. E 20 provided the following are met: c 21 22 1. To not increase the hurricane evacuation clearance time of permanent residents. in the event 23 of a pending major hurricane (Category 3- 5), a mandatory evacuation of all occupants of 0. 24 units within Venture Out, regardless of unit type, is required at least 48 hours in advance of 0 25 tropical storm winds. Approximately 48 hours in advance of tropical storm winds, a 26 mandatory evacuation of occupants residing in a permanent unit shall be initiated and a 27 mandatory evacuation of both the occupants of recreational vehicles (RVs) and the RVs M 28 shall be initiated; i 29 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of mobile home 0 30 (permanent) and recreational vehicles (transient) uses may occur only within the gated U 31 Venture Out community with a managing entity responsible for evacuation; 0i 32 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is prohibited; 33 4. Recreational Vehicles must meet all land development regulations, floodplain management E 0. 34 regulations and any building code requirements for recreational vehicles; E 35 5. A recreational vehicle must have current licenses required for highway travel, be attached to 36 the site only by the quick disconnect-type utilities, and no permanent additions such as sun U 37 rooms or state rooms shall be permitted; 38 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit, regardless of use 39 type, within the Venture Out community may be transferred to another site outside of the 0 40 Venture Out community; and 41 7. In no case shall recreational vehicles (transient units)be developed as a hotel/motel. 42 43 Policy 101.3.5: Due to the limited number of allocations and the State's requirement that the co 44 County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County 9 45 shall prohibit new transient residential allocations for hotel or motel rooms, campground 46 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully 47 established transient units shall be entitled to one unit for each type of unit in existence before 48 January 4, 1996 for use as a ROGO exemption. E 49 BOCC SR Page 16 of 19 File No.2019-098 Packet Pg. 2548 i R.3.d I Policy 301.2.3: Monroe County shall not permit new development which would significantly 2 degrade the LOS below the adopted LOS standards on U.S. 1 (overall) unless the proportionate 3 share of the impact is mitigated. The development of one single family residential unit, on a 0 4 single parcel, shall be considered de minimis and shall not be subject to this requirement. A 5 five percent projected decrease in travel speeds, below LOS C, is a significant degradation in r 6 the level of service on U.S. 1. Traffic volume which exceeds the LOS D standard by more than 9 7 five percent is a significant degradation in the level of service on any other County road. 8 9 B. The amendment is consistent with the Principles for Guiding Development for the Florida 10 Keys Area, Section 380.0552(7), Florida Statutes. 11 12 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the o 13 principles for guiding development and any amendments to the principles, the principles shall be 14 construed as a whole and no specific provision shall be construed or applied in isolation from the other E 15 provisions. 16 17 (a) Strengthening local government capabilities for managing land use and development so that local 18 government is able to achieve these objectives without continuing the area of critical state concern 19 designation. c- 20 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass 21 beds,wetlands, fish and wildlife, and their habitat. c 22 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical Z 23 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, 24 and their habitat. P a. 25 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 26 development. et 27 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 28 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, 29 and ensuring that development is compatible with the unique historic character of the Florida Keys. U_ 30 (g) Protecting the historical heritage of the Florida Keys. 31 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed I 32 major public investments,including: 33 _i 34 1. The Florida Keys Aqueduct and water supply facilities; 35 2. Sewage collection, treatment, and disposal facilities; c- 36 3. Solid waste treatment, collection, and disposal facilities; E 37 4. Key West Naval Air Station and other military facilities; c U 38 5. Transportation facilities; 39 6. Federal parks,wildlife refuges, and marine sanctuaries; 40 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 41 8. City electric service and the Florida Keys Electric Co-op; and 42 9. Other utilities, as appropriate. 43 44 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, 45 and replacement of stormwater management facilities; central sewage collection; treatment and v)i 46 disposal facilities; and the installation and proper operation and maintenance of onsite sewage 47 treatment and disposal systems. 48 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 49 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), 50 as applicable, and by directing growth to areas served by central wastewater treatment facilities m 51 through permit allocation systems. E 52 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 53 Keys. BOCC SR Page 17 of 19 File No.2019-098 Packet Pg. 2549 R.3.d 1 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. _ 2 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a 0 3 natural or manmade disaster and for a postdisaster reconstruction plan. 0. 4 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 0 5 the Florida Keys as a unique Florida resource. 6 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 7 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 8 cv 9 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute a� 10 (F.S.). Specifically, the amendment furthers: `- 11 � c 12 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 13 enhance present advantages; encourage the most appropriate use of land, water, and resources, ° 14 consistent with the public interest; overcome present handicaps; and deal effectively with future 15 problems that may result from the use and development of land within their jurisdictions. Through E 16 the process of comprehensive planning, it is intended that units of local government can preserve, m 17 promote, protect, and improve the public health, safety, comfort, good order, appearance, 18 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and 19 efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, a. 20 housing, and other requirements and services; and conserve, develop, utilize, and protect natural a. 21 resources within their jurisdictions. 0 22 U 23 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal 24 status set out in this act and that no public or private development shall be permitted except in 25 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in CL 26 conformity with this act. p 27 28 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 29 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal M 30 development of the area that reflects community commitments to implement the plan and its U-i 31 elements. These principles and strategies shall guide future decisions in a consistent manner and 32 shall contain programs and activities to ensure comprehensive plans are implemented. The sections le 33 of the comprehensive plan containing the principles and strategies, generally provided as goals, 0 34 objectives, and policies, shall describe how the local government's programs, activities, and land 35 development regulations will be initiated, modified, or continued to implement the comprehensive 36 plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing 0. 37 regulations in the comprehensive plan but rather to require identification of those programs, E 38 activities, and land development regulations that will be part of the strategy for implementing the tJi 39 comprehensive plan and the principles that describe how the programs, activities, and land 40 development regulations will be carried out. The plan shall establish meaningful and predictable 41 standards for the use and development of land and provide meaningful guidelines for the content of 42 more detailed land development and use regulations. 43 44 163.31771(2)(a), F.S. — "Accessory dwelling unit"means an ancillary or secondary living unit, that has 45 a separate kitchen,bathroom, and sleeping area, existing either within the same structure, or on the 46 same lot, as the primary dwelling unit. U)i CO 47 a) 48 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 49 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be 50 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 51 development of lands and waters within an area. It is the intent of this act that the adoption and W 52 enforcement by a governing body of regulations for the development of land or the adoption and E 53 enforcement by a governing body of a land development code for an area shall be based on, be BOCC SR Page 18 of 19 File No.2019-098 Packet Pg. 2550 R.3.d I related to, and be a means of implementation for an adopted comprehensive plan as required by this _ 2 act. c 3 4 VI. PROCESS 5co 6 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the a' 7 Planning Commission, the Director of Planning, or the owner or other person having a 8 contractual interest in property to be affected by a proposed amendment. The Director of 9 Planning shall review and process applications as they are received and pass them onto the 10 Development Review Committee and the Planning Commission. 11 12 The Planning Commission shall hold at least one public hearing. The Planning Commission shall o 13 review the application, the reports and recommendations of the Department of Planning & 14 Environmental Resources and the Development Review Committee and the testimony given at E 15 the public hearing. The Planning Commission shall submit its recommendations and findings to 16 the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the E 17 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff r- 18 recommendation, and the testimony given at the public hearing. The BOCC may or may not a. 19 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to 0. E 20 State Land Planning Agency, which then reviews the proposal and issues an Objections, c 21 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County z 22 has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the 23 amendment. °® c. 24 25 VII. STAFF RECOMMENDATION i 26 27 Staff recommends approval of the proposed amendment. 28 U-I 29 VIII.EXHIBITS 30 31 1. February 15, 2017 Monroe County BOCC agenda item for the IDO c i 32 2. Resolution 087-2017 and March 15, 2017 Monroe County BOCC agenda item 33 3. Ordinance 012-2017 and July 19, 2017 Monroe County BOCC agenda item E 0. 34 4. Ordinance 018-2018 and August 15, 2018 Monroe County BOCC agenda item E 35 5. Ordinance 027-2019 and July 17, 2019 Monroe County BOCC agenda item is 36 6. Search results of the term "family" within the Monroe County Code of Ordinances, U� 37 Comprehensive Plan and Land Development Code 38 7. February 19, 1998 Monroe County BOCC agenda item for the MOU with DCA i 0 co w CD CD cv BOCC SR Page 19 of 19 File No.2019-098 Packet Pg. 2551 aw R.3.e BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor George Neugent,District 2 Mayor Pro Tem David Rice,District 4 The Florida Keys Danny L.Kolhage,District 1 Heather Carruthers,District 3 Sylvia J.Murphy,District 5 0 County Commission Meeting February 15, 2017 Agenda Item Number: L.7 Agenda Item Summary #2667 0 BULK ITEM: No DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430 10:00 A.M. a E M AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim r_ Development Ordinance to not process private applications for comprehensive plan or land L 0. development code amendments, development agreements (including 380 development agreements), E and minor and major conditional use permits, with proposed occupancy by "three unrelated people" U or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. 0. 0 ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The policies and c 0 regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our c local government capability to manage land use and development. o There has been recent discussion regarding the use of a "lock-out" (an undefined term in the 2 comprehensive plan or land development code but typically defined as a separate space with a a v) bedroom/bathroom)within a dwelling unit. t� "Lock-outs" may create unintended consequences, not discussed or analyzed during the recently ca adopted comprehensive plan and land development code amendments, adopted in April 2016. Further edits may be needed to specifically address current definitions of Dwelling Unit, Household, Family, and Permanent Residential unit and the undefined term of"lock-out." LO History of Definitions: U_ Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code, the 2010 Comprehensive Plan included: E 2010 Comprehensive Plan and Land Development Code: Packet Pg. 2552 R.3.e The previous 2010 Comprehensive Plan did not include any definitions or any policies related to the use of "lock-outs" of dwelling units which could be utilized as separate guest unit or another 2 potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the 0 code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family members. 2010 Land Development Code definitions N Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling unit. c Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator -� and stove.* a The Land Development Code did not include a definition for family. 2030 Comprehensive Plan: The newly adopted 2030 Comprehensive Plan includes the following new definitions: Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing common living, cooking, and toilet facilities. 0. 0 Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. 0 Family means a person living alone, or people living together as a single household and sharing ° common living, cooking, and toilet facilities: a (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized a custodial relationship; v) �t (2)three unrelated people; t� (3)two unrelated people and any children related to either of them. U "2030" Land Development Code: LO The newly adopted 2030 Code includes the following definitions: Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing common living, cooking, and toilet facilities. Packet Pg. 2553 R.3.e fgg a� 0 ,, 7n unit' ph ic�llarrange,dfc�r coup nc b�; cner id nt l household sharing conunon living, cook rig, and toilet facilities. cv Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Ho us olalmeam all the p e ople who o c cupTv a housing unit. A household includes the related family members and all the unrelated p e ople,if any, such a s to dgers, fo ster children,wards, car employ e es who share the housing unit. A p erson living alone iM a housing unit, or a eoup c f =elate d pe ople sharing a housins unit such a s p artners or ro omers, is also c;ounte d a s a household. CL 0. Family means a person living alone, or people living together as a single household and sharing e c, common living, cooking, and toilet facilities: 0 (1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership or duly-authorized custodial relationship; (2) Three unrelated people; (3) Two unrelated people and any children related to either of them. 0. 0 F,imdv means a person hying alone. or people hying together as a single household and sharing common living,cooking,and toilet facilities: ¢ '1)Arrynumberofpeoplerelatedby blood.marriage..admtionguardianclnp domestic partnership or duly-authorized Gusto dial relationship N 'l?'t Threeumelat,edpeonle: (3) T-,°ourirelatedpe ople.and any c:hildrenrelat,edt,o either ofthern ¢ Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a a residence for a household for non-transient occupancy, excluding hotel, motel, and recreational a vehicle. v) �C ?grrraownrrg wikmeansa dwelling unit that isdeshedfor:and capahle of,serving as a residenc e for a household r non-transient occuipancy,excludinghotel,motel,and recreational Vehicle, r N LO * This definition is currently included in the Land Development Code but that term only appears once, in one Section 138-22(2)b.2.(i). U_ PREVIOUS RELEVANT BOCC ACTION: December 11, 2013: Development Agreement approved by BOCC for Oceanside Investors allowing the transfer of 46 market-rate TREs from three sender sites to the Oceanside property, with the E transferred market-rate TRE's to be converted to, or replaced with, an equivalent amount of 99-year Packet Pg. 2554 R.3.e deed-restricted affordable housing, prior to a C.O. being issued for market-rate units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market-rate residential dwelling units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 0 150 seats, and other improvements related to the existing, partially-condominiumized marina and accessory development. June 30, 2014: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside property increased in size. 0 2014: Oceanside Investors entered into a purchase and sale agreement with Monroe County to U purchase the Hickory House property located north of the Oceanside property. On February 3, 2015 2 Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. December 10, 2014: Development Agreement approved by BOCC for the 1st amendment to the development agreement, adding adjacent property and the abandoned right-of-way, increased the allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights c. 0. associated with a previous approval related to Hawk's Cay and amended the conceptual site plan. E 0 U March 18, 2015: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue 0 located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside Marina property increased in size. June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the 0 development agreement, adding adjacent abandoned right-of-way, increased the total number of transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. 0 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: oceanside summary timeline and staff_2-1-17 (MinuteTraq printer) cv FINANCIAL IMPACT: LO Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg. 2555 R.3.e Budgeted: Source of Funds: c CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: N Grant: m County Match: W Insurance Required: Additional Details: REVIEWED BY: Bob Shillinger Completed 02/01/2017 2:54 PM Kathy Peters Completed 02/01/2017 3:07 PM CL 0. Board of County Commissioners Pending 02/15/2017 9:00 AM E 0 U 0 0. 0 0 c cv LO U Packet Pg. 2556 R.3.e Timeline of Approvals & Staff Summary of item approved Approved by Planning Director Tim McGarry 1996: Development Order 912-96, a minor conditional use on July 23, 1996 permit for part of the Oceanside property, 5970 Peninsular 0 Avenue (real estate # 00127420-000100 only) allowed for the a construction of a 9,600 SF storage building and other associated accessory improvements. co w CD Approved by Planning Commission on July 1997: PC Resolution # P52-97, an amendment to the major a) 10, 1997 conditional use permit for part of the Oceanside property, CD N 5950 Peninsular Avenue (real estate # 00127420-000000 only) 2 allowed for the construction of 22 attached, market rate residential dwelling units; one boat storage building; an addition to an existing restaurant; and other associated accessory improvements. Signed by County Mayor, Shirley Freeman, 1999: Development Agreement between the County, the E on January 19, 2000 Florida Department of Community Affairs, Paradise Island Park, Inc. and Key West Oceanside allowing the transfer of 22 E market-rate TREs and TDRs from Paradise Island Park to the Oceanside property (recorded on April 7,2000). a. Following issuance of PC Resolution # P52-97, Oceanside Investors' predecessor in interest acquired 5970 Peninsular %� W Avenue. Further, the 22 attached, market rate residential dwelling units were constructed. C1 Signed by County Mayor McCoy on July 19, 2006: 380 Agreement between Overseas Redevelopment W 2006 Company, LLC, Department of Community Affairs and 0 Monroe County allowing the redevelopment of Overseas 0 Trailer Park on Stock Island as a 49-unit workforce housing 0. project and the offsite transfer of 32 market rate ROGO c exemptions. on 0 Approved by Planning Commission on April 2007: PC Resolution # P21-07, an amendment to a major 11, 2007 (vote: three Yes, one No, and one conditional use permit for part of the current Oceanside Absent) property, 5950 and 5970 Peninsular Avenue (real estate # 00127420-000000 and 00127420-000100, as well as other Aref Joulam is Planning Director property associated with a condominium development) v) allowed for the demolition of several buildings and Staff report by Julianne Thomas construction of 32 attached, market-rate residential dwelling units; 2 boat barns; 8 wet slips; and other associated accessory (Applicant is Kings Point Marina LLC) improvements. P21-07 authorized vacation rental use of the 32 attached dwelling units and linked the affordable housing CD Transmitted to DCA on 5/11/07, DCA did not project at Overseas Trailer Park to serve as the required C44 LO appeal the item, affordable housing for this project. PC authorizes the vacation rental use of attached units. Resolution 402-2013 2013: Development Agreement approved for Oceanside Investors allowing the transfer (1:1) of 46 market-rate TREs W Approved by BOCC on December 11, 2013 from three sender sites to the Oceanside property, with the (Mayor Sylvia Murphy—unanimous transferred market-rate TRE's to be converted to, or replaced approval) with, an equivalent amount of 99- ear deed-restricted < Page 1 of 6 Packet Pg. 2557 R.3.e affordable housing,prior to a C.O.being issued for market-rate Staff report by Joe Haberman units at Oceanside. The agreement approved the addition of up _ to 78 [32+ 46] new, market-rate residential dwellin units, 2 Townsley Schwab is Planning Director which may be used as vacation rentals, up to :_ a new restaurant with up to 150 seats, and other 0 BOCC Agenda item summary staff contact: improvements related to the existing, partially- co Joe Haberman& Christine Hurley condominiumized marina and accessory development. a) PC recommended approval to BOCC via Resolution P29-13, approved on November 44 15,2013—unanimous approval Transmitted to DPO (formerly DCA) on c 1/3/14,DPO did not appeal the item. 0 Approved by Planning Commission on 2013: PC Resolution # PO4-14, an amendment to the major February 26, 2014 conditional use permit to improve the marina's facilities, construct 78 new market rate residential dwelling units, Staff report by Joe Haberman construct � " construct a new restaurant and M carry out associated site improvements. Townsley Schwab is Planning Director a- 0. Transmitted to DPO (formerly DCA) on c 5/1/14,DPO did not appeal the item. U Approved by Planning Director Townsley 2014: Development Order 904-14, a minor conditional use Schwab on November 19, 2014 permit allowing the transfer of 9.3 TDR's required to facilitate the project approved for the Oceanside property. The Staff report by Karl Bursa&Mike Roberts Development Order required the sender site(s) to be a) 0 dedicated to the County or b) placed in a conservation a Transmitted to DPO (formerly DCA) on easement prohibiting its future development. c 12/19/14,DPO did not appeal the item Resolution 116-2014 2014: Resolution # 116-2014 approved for a right-of-way abandonment of a segment of Peninsular Avenue located o Approved by BOCC on June 30,2014(Mayor north of the Oceanside property (lying between Block 46 and U Sylvia Murphy—vote: three Yes, one No, and Block 60). As a result, the Oceanside property increased in one Abstained) size. a v) Staff report by Joe Haberman Townsley Schwab is Planning Director r. BOCC Agenda item summary staff contact: N LO Joe Haberman& Christine Hurley Memo from Susan Grimsley &Bob Shillinger T, (memo addresses termination of right of way >� on water) Does not get sent to DPO per MOLJ BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale Page 2 of 6 Packet Pg. 2558 R.3.e Sale Agreement on August 20,2014. (Mayor agreement with Monroe County to purchase the Hickory Sylvia Murphy—vote: four Yes,one No) House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina property increased in size. c Resolution 373-2014 2014: Resolution 9 373-2014, is amendment to the development agreement, addin ad*acent ro erty and the Approved by BOCC on June 10,2015 (Mayor abandoned right-of-way, c, Danny Kolhage—unanimous approval) allowed the transfer of up to 12 vested rights associated with a previous approval related to Staff report by Joe Haberman Hawk's Cay and amended the conceptual site plan. 0 Townsley Schwab is Planning Director 0 BOCC Agenda item summary staff contact: Joe Haberman& Christine Hurley m PC recommended approval to BOCC via Resolution P40-14, approved on November 19,2014—unanimous approval(Lustberg absent) E 0 Transmitted to DLO (formerly DCA) on U W 1/7/15,DLO did not appeal the item. Approved by Planning Director Townsley 2014: Development Order 906-14, a minor conditional use Schwab on December 12,2014 permit allowing the transfer of 24.1 TDRs required to facilitate the project approved for the Oceanside property. The 0 Staff report by Matt Coyle Development Order required the sender site(s) to be a) a dedicated to the County or b) placed in a conservation 0 Transmitted to DLO (formerly DCA) on easement prohibiting its future development. 1/12/15,DLO did not appeal the item n 0 Resolution 115-2015 2015: Resolution 9 115-2015 approved for a right-of-way abandonment of a segment of Peninsular Avenue located U Approved by BOCC on March 18,2015 north of the Oceanside property (lying between Block 46 and (Mayor Danny Kolhage—vote:one No, four Block 60). As a result, the Oceanside Marina property v) Yes) increased in size. U Staff report by Joe Haberman U Townsley Schwab is Planning Director (During BOCC meeting, Mayte Sautamaria N LO appointed replacement Planning Director after Townsley's retirement—up to 6 mouth overlap- expected to retire April 2015) U' BOCC Agenda item summary staff contact: Joe Haberman& Christine Hurley E Does not get sent to DLO per MOLD Page 3 of 6 Packet Pg. 2559 R.3.e Approved by Planning Commission on 2015: PC Resolution # P41-14, an amendment to the major November 19, 2014(unanimous approval- conditional use permit to add adjacent fro erty and the _ Lustberg absent) abandoned roadway, increase the 0 and amend the approved site plan. 0. Staff report by Joe Haberman 0 Townsley Schwab is Planning Director Transmitted to DLO (formerly DCA) on 4/24/15,DLO did not appeal the item. m Approved by Planning Director Mayte 2015: Development Order 904-15 (typo previously typed 06- Santamaria on May 22, 2015 15), a minor conditional use permit allowing the transfer of 5 transient TREs to the Oceanside property. 0 Staff report by Matt Coyle&Joe Haberman m Transmitted to DEO (formerly DCA) on 6/25/15,DEO did not appeal the item E M Resolution 158-2015 2015: Resolution No. 158-2015, 2,damendment to the CU development agreement, adding adjacent abandoned right-of- C- Approved by BOCC on June 10,2015 (Mayor way, increased the total number of transferred market rate E Danny Kolhage—unanimous approval) residential units from 78 to 79 [32+ 47] and amended the c U report by Matt Coyle conceptual site plan. Staff 0 Townsley Schwab is Planning Director(Dec 2014 Mayte Santamaria appointed replacement Planning Director after 0 Towusley's retirement up to 6 mouth a overlap) 0 BOCC Agenda item summary staff contact: n Matt Coyle & Christine Hurley PC recommended approval to BOCC via Resolution P11-15, approved on April 29, ' 2015—unanimous approval(Werling absent) v) Transmitted to DEO (formerly DCA) on U 8/12/15, DEO did not appeal the item. U Approved by Planning Director Mayte 2015: Development Order 905-15, a minor conditional use Santamaria on June 25,2015 permit allowing the transfer of 45 ROGO market rate LO exemptions to the Oceanside Property. Staff report by Matt Coyle U- T- Transmitted to DEO (formerly DCA) on >� 7/27/15,DEO did not appeal the item u° Approved by Planning Director Mayte 2015: Development Order 907-15, a minor conditional use Santamaria on October 22,2015 permit allowing the transfer of 2 ROGO market rate exemptions to the Oceanside Property. Page 4 of 6 Packet Pg. 2560 R.3.e Staff report by Matt Coyle&Joe Haberman Transmitted to DEO (formerly DCA) on c 12/10/15,DEO did not appeal the item 0 Approved by Planning Director Mayte 2015: Development Order 909-15, a minor conditional use Santamaria on October 22,2015 permit allowing the transfer of 0.4 TDR's to the Oceanside a) property. The Development Order required the sender site(s) to Staff report by Matt Coyle &Mike Roberts be a) dedicated to the County or b) placed in a conservation c, easement prohibiting its future development. Transmitted to DEO (formerly DCA) on 12/10/15,DEO did not appeal the item 0 Approved by Planning Director Mayte 2015: Development Order 908-15, a minor conditional use 0 Santamaria on October 22,2015 permit allowing the transfer of 1 TDR to the Oceanside property. The Development Order required the sender site(s) to E Staff report by Matt Coyle &Mike Roberts be a) dedicated to the County or b) placed in a conservation easement prohibiting its future development. m Transmitted to DEO (formerly DCA) on 12/10/15,DEO did not appeal the item a. Approved by Planning Director Mayte 2015: minor deviation approved to the major conditional use 0. Santamaria on December 10,2015 permit in order to allow the construction of one additional U market rate residential dwelling unit. Staff report by Matt Coyle p Does not get sent to DEO per MOU 0 Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use 0 Santamaria on February 1, 2016 permit in order to revise the approved site plan by removing 0. the resort swimming pool on the northernmost parcel (RE # c Staff report by Matt Coyle 00126210-000000), relocation of the watersports, fitness and restroom building and the reconfiguration of the off-street Does not get sent to DEO per MOU parking for the site. c Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use Santamaria on August 1,2016 permit in order to revise the approved site plan by removing of the gatehouse building and the repositioning of the proposed v) Staff report by Devin Rains dockmaster building, the reconfiguration of the off-street et parking (parking maintained at 346 spaces), sidewalks, add Does not get sent to DEO per MOU arbors, add the provision for bait and ice vending and expansion of the fish cleaning station, and other changes to open s ace for the site (File#2016-103). CD N LO Approved by Planning Commission on 2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use December 15, 2016 Permit approval, which would allow beer, wine and liquor in U- connection with operation of hotel, motel, motor court or Staff report by Kevin Bond condominium; sale by the drink for consumption on premises and package sales in sealed containers Mayte Santamaria is Planning Director E Does not get sent to DEO per MOU Page 5 of 6 Packet Pg. 2561 R.3.e Approved by Planning Director Mayte 2016: Exemption to a Special Vacation Rental Permit Santamaria on December 23,2016 approval, exemption only applies to the 79 market-rate residential dwelling units, configured into "lockouts" 0 Staff report by Kevin Bond consisting of no more than one bedroom and one bathroom, 0. which may be used as vacation rentals pursuant to the 0 Does not get sent to DEC)per MOLD approved Development Agreement (the original agreementCO approved on December 11, 2013 via BOCC Resolution No. a) 402-2013; the first amendment to the agreement approved on December 10, 2014 via BOCC Resolution No. 373-2014; and the second amendment to the agreement approved on June 10 44 2015 via BOCC Resolution No. 158-2015). 0 CL 0. 0 U 0 0. 0 0 0 r. cv LO Page 6 of 6 Packet Pg. 2562 0 0 MONROE COUNTY, FLORIDA E RESOLUTION NO. 087 -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO c PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK-OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND 2 THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST. LO WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 2 February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation; and co WHEREAS, Monroe County policies and regulations adopted in the Monroe County CD Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and WHEREAS, the Monroe County BOCC has identified and discusses concerns with the N existing definitions in the County Comprehensive Plan and Land Development Code, including discussion of the undefined term of"lock-out;" and Page 1 of 3 Packet Pg. 2563 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on use of "lock-outs" and this use was not discussed during the update process and further edits are needed to specifically address "lock-outs;" and c WHEREAS, an ordinance addressing the interim time period between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code E requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and CL WHEREAS, staff has been directed to process an ordinance to ensure that no new private 0. applications will be processed for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, (excluding applications proposing only affordable housing dwelling units) with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out," providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. 2 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: P Staff of the Monroe County Planning and Environmental Resources Department shall process an interim development ordinance to defer approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed LO occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing 2 March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. CD co 0 LU Page 2 of 3 Packet Pg. 2564 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 151h day of March 2017. 0 Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes CL BOARD OF COUNTY COMMISSIONERS 0. OF MONROE COUNTY, F`L^ORIDA 06d� 0 � r BY Mayor George Neugent 0 '{ A t /J O® =•Z-jUNry h ATT VIN MADOK, CLERK DEPUTY CLERK 2 MONROE COUNTY TTORNEY OVED AS ORNI: STEVE T. WILLIAMS ASSISTANT�0yr Ty ATTORNEY Date y�4�//7 LO N N CJl � LU N U Page 3 of 3 Packet Pg. 2565 aw R.3.f � BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor George Neugent,District 2 Mayor Pro Tem David Rice,District 4 The Florida Keys Danny L.Kolhage,District 1 Heather Carruthers District 3 .N Sylvia J.Murphy,District 5 County Commission Meeting March 15, 2017 Agenda Item Number: H.7 Agenda Item Summary #2727 0 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305) 289-2500 n/a 0 AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida, directing the Monroe County Planning and Environmental Resources Department to process an ordinance to defer the approval of new private applications for Ch comprehensive plan or land development code amendments, development agreements (including 2 380 development agreements), and minor and major conditional use permits (excluding applications - proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and 2 applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of v) dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for <C expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes 0 first. LO cv ITEM BACKGROUND: On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim 2 Development Ordinance to not process comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of co dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. c The February 15, 2017 agenda item is attached. 0 The proposed resolution will initiate the interim development ordinance to defer the approval of new private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a E Packet Pg. 2566 dwelling unit, and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments E become effective, whichever comes first. The resolution would take effect immediately upon adoption. PREVIOUS RELEVANT BOCC ACTION: 0 On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim U Development Ordinance to not process comprehensive plan or land development code amendments development agreements (including 380 development agreements), and minor and major conditional uses applications, with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit until the BOCC can review and 0 possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; and family and the undefined term "lock-out" of a dwelling unit. 0 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval 2 DOCUMENTATION: Resolution directing an IDO (Carruthers discussion item) Carruthers-Discussion item on IDO 2-15-17 FINANCIAL IMPACT: LO Effective Date: 2 Expiration Date: Total Dollar Value of Contract: Total Cost to County: N Current Year Portion: co Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: cv Revenue Producing: If yes, amount: Grant: County Match: Packet Pg. 2567 Insurance Required: 0 Additional Details: REVIEWED BY: Mayte Santamaria Completed 02/28/2017 9:20 AM Assistant County Administrator Christine Hurley Completed 02/28/2017 9:38 AM 0. Steve Williams Completed 02/28/2017 2:55 PM E Jaclyn Carnago Completed 02/28/2017 3:01 PM U W Budget and Finance Skipped 02/27/2017 2:34 PM Maria Slavik Skipped 02/27/2017 2:34 PM Kathy Peters Completed 02/28/2017 5:21 PM Board of County Commissioners Pending 03/15/2017 9:00 AM c 0 0 2 cv LO cv CO CD c cv Packet Pg. 2568 R.3.fi W MONROE COUNTY, FLORIDA E RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO PROCESS AN ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE 0 APPLICATIONS FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK- OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND > DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST. N WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term"lock-out," due to pending legislation; and N WHEREAS, Monroe County policies and regulations adopted in the Monroe County [o- co Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and 0 WHEREAS, the Monroe County BOCC has identified and discusses concerns with the existing definitions in the County Comprehensive Plan and Land Development Code, including discussion of the undefined term of"lock-out;" and .. Pagel of 3 Packet Pg. 2569 R.3.fi WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on use of"lock-outs" and this use was not discussed during the update process and further edits are W needed to specifically address "lock-outs;" and WHEREAS, an ordinance addressing the interim time period between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and WHEREAS, staff has been directed to process an ordinance to ensure that no new private applications will be processed for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, (excluding applications proposing only affordable housing dwelling units) with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out," providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. 0 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Staff of the Monroe County Planning and Environmental Resources Department shall process an _ interim development ordinance which defers the approval of applications, commencing March 15, 2017, of new private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional ca use permits (excluding applications proposing only affordable housing dwelling units); with proposed CD occupancy by "three unrelated people" or "two unrelated people and any children related to either of LO them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code 2 regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. co CD c N Page 2 of 3 Packet Pg. 2570 R.3.fi m PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15t'day of March 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers E Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent 0 (SEAL) 0 Ch ATTEST: KEVIN MADOK, CLERK 0 DEPUTY CLERK MONROE COUNTY ATTORNEY AP E +t8 TO F 2 5'•.1E T. WI,UAIMAS ASSISTANT Uj-UNfY TT RNEY Date ca r. cv a3 r. cv co r. c 0 cv Page 3 of 3 Packet Pg. 2571 R.3.g cv m MONROE COUNTY, FLORIDA W ORDINANCE 012 -2017 0 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A W DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK- OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW °3 AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. N w WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only N affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" and WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, passed a motion to direct staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation; and 2017-053 Page 1 of 3 Packet Pg. 2572 WHEREAS, Monroe County policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and WHEREAS, the Monroe County BOCC has identified and discusses concerns with the existing definitions in the County Comprehensive Plan and Land Development Code, including W discussion of the undefined term of"lock-out;" and WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are.silent on use of"lock-outs" and this use was not discussed during the update process and further edits are needed to specifically address "lock-outs;" and WHEREAS, an ordinance addressing the interim time period between the current adoptedcu comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any new definitions and code CL 0. requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County,including the provision of public participation in the planning process; and WHEREAS, staff has been directed to process an interim development ordinance to impose a °3 temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy b "three unrelated people" or "two unrelated people and an children P p p Y Y p P p p Y o related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" _ commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out," providing for expiration within 365 days of the effective date of an interim ca development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department shall defer the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a Lu dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first. 2017-053 Page 2 of 3 Packet Pg. 2573 Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land Development Code amendments. In no event, however, shall the moratoriumco imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if N any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or W unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that le this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning E Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). M Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land development regulation" as State law defines that term. This ordinance shall be filed in the Office of CL the Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of July , 2017. Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Cz 0o Commissioner Danny L. Kolhage Yes vU) Commissioner Heather Carruthers Yes Uj Commissioner Sylvia Murphy Yes U� 0 o �'� BOARD OF COUNTY COMMISSIONERS oCD —Ja OF MONROE COUNTY, FLORIDA C) BY �. Mayor George Neugent IPA T, . ) 9 N N } MON OE�COUNTY A RNEY .A'1 TEST =)��IN MADOK, CLERK " " A TO W.J ASS18'1^NT CO NTY ATTORNEY DEPUTY CLERK Date G1Z-7�17 2017-053 Page 3 of 3 Packet Pg. 2574 aw BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor George Neugent,District 2 Mayor Pro Tem David Rice,District 4 The Florida Keys Danny L.Kolhage,District 1 � Heather Carruthers,District 3 a? Sylvia J.Murphy,District 5 County Commission Meeting July 19, 2017 W Agenda Item Number: 0.6 Agenda Item Summary #3144 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305) 289-2500 L 3:00 PM 0. E 0 U AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County 0 Commissioners to defer the approval of new applications or received applications that have not been fully approved for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits c (excluding applications proposing only affordable housing dwelling units), with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out," commencing March 15, 2017, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a _ dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the ca State Land Planning Agency and the Secretary of State; providing for an effective date. N ITEM BACKGROUND: On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive N Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 41 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was complete and issued a notice of intent to find the amendment"in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative E Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final Packet Pg. 2575 R.3.g Order would have become effective 21 days after publication in the Florida Administrative Register unless a petition was timely filed. The Land Development Code would have become effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. 0 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land Development Code included definitions which were amended with the adoption of the new code in E April 2016. Neither document includes a definition of"lock-out." E The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development CL applications proposing occupancy by "three unrelated people" or "two unrelated people and any 0 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending o U legislation. a The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular a� meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have 0 not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and v) any children related to either of them" of a dwelling unit, and applications utilizing the term "lock- out." U PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners on February 15, 2017, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. The Board of County Commissioners adopted Resolution 087-2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017 for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." CONTRACT/AGREEMENT CHANGES: 0 n/a Packet Pg. 2576 R.3.g STAFF RECOMMENDATION: Approval DOCUMENTATION: cv dwelling unit- IDO - ORDINANCE dwelling unit-IDO staff report BOCC Definitions IDO BOCC Agenda Item- IDO 3-15-17 oe Resolution 087-2017_dwelling units o FINANCIAL IMPACT: Effective Date: E Expiration Date: CL Total Dollar Value of Contract: E Total Cost to County: U Current Year Portion: `✓ Budgeted: Source of Funds: °3 CPI: c Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: N REVIEWED BY: Mayte Santamaria Completed 06/26/2017 3:31 PM Christine Hurley Completed 06/26/2017 4:53 PM Steve Williams Completed 06/27/2017 8:42 AM Jaclyn Carnago Completed 06/27/2017 11:42 AM Budget and Finance Skipped 06/26/2017 3:31 PM Maria Slavik Skipped 06/26/2017 3:31 PM Mayte Santamaria Completed 06/27/2017 4:49 PM Kathy Peters Completed 06/28/2017 12:17 PM Board of County Commissioners Pending 07/19/2017 9:00 AM Packet Pg. 2577 t � -i 12 Ivi MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT m 0 To: Monroe County Planning Commission From: Mayte Santamaria, Senior Director of Planning & Environmental Resources a Date: June 26, 2017 a M Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR E COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, U DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN u RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK-OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE 0 COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING v) THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 5 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. Meeting: July 19, 2017 cv I. REQUEST The Monroe County Planning & Environmental Resources is proposing an interim development ordinance (IDO) to defer the deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development >� agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." 1 of 3 File 42017-053 Packet Pg. 2578 R.3.g II. BACKGROUND INFORMATION On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan co and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. cv m Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment U transmittal was complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the W posting of the Notice of Intent on the DEO Website on June 20, 2016. -� Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative c' Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final Order would have become effective 21 days after publication in the Florida Administrative U Register unless a petition was timely filed. The Land Development Code would have become effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130-165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development 0) Code to become effective. The County's updated land development code became effective on February 3, 2017. 0 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land Development Code included definitions which were amended with the adoption of the new code in April 2016. Neither document includes a definition of"lock-out." The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any >, children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land U development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications >� utilizing the term "lock-out." On April 26, 2017, the subject file was reviewed by the Development Review Committee. On May 31, 2017, the subject file was reviewed by the Planning Commission. 2of3 File 42017-053 Packet Pg. 2579 R.3.g III. STAFF RECOMMENDATION Staff recommends approval of the proposed interim development ordinance. The interim development ordinance provides a period of time between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new a definitions and/or other code requirements] to ensure that the amendments are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process. o IV. EXHIBITS 1. BOCC Agenda item CL 0. 0 U c 0 ca N N T- U 3of3 File 42017-053 Packet Pg. 2580 R.3.hi 0 0 z 3 MONROE COUNTY,FLORIDA 4 ORDINANCE NO. 018 -2018 CL 5 0 6 7 AN ORDINANCE .BY THE MONROE COUNTY BOARD OF COUNTY 8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE 9 AS INITIALLY ESTABLISHED ON JULY 19,2017 THIROUGH ORDINANCE 012- x 10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW y '' 11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN rl 12 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND 13 DEVELOPMENT CODE AMENDMENTS, .DEVELOPMENT AGREEMENTS 14 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND 15 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS 16 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH 17 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO 18 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF _ 19 BEM"OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM 20 "LOCK-OUT,":COMMENCING OCTOBER 27, 2018, UNTIL THE BOCC CAN 21 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND ca co 22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING CD CD N 23 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" LO 24 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS Ch 25 OF TEEEFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 0 26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; 28 PROVIDING TOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO Tco _ CD 29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; co 30 PROVIDING FOR AN EFFECTIVE DATE. (File 2018-.090) CD 31 32 33 9 34 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 35 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an 36 ordinance to impose a temporary moratorium deferring the approval of new applications or received 37 application that have not been fully approved, commencing March 15, 2017, for comprehensive plan 38 or land development code amendments, development agreements (including 380 development 0 0 File 2018-090 Page 1 of 4 Packet Pg. 2581 R.3.h I agreements), and minor and major conditional use permits (excluding applications proposing only 2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two Ie 3 unrelated people and any children related to either of them" of a dwelling unit, and applications 4 utilizing the term"lock-out;" and 5 6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on 7 February 5, 2017 in Key West,Florida, passed a motion to direct staff to impose a temporary moratorium 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated CL 9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 0. 10 to pending legislation; and e 11 U 12 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 191h 13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium 14 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated 15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 16 to pending legislation; and 17 18 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 0 19 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 20 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 21 development; and 22 23 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing 24 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the 25 undefined term of "lock-out;" and ca co 26 T. CD 27 WHEREAS, the Monroe County Comprehensive Plan and Land Development Code are silent on LO 28 use of "lock-outs" and this use was not discussed during the update process and further edits are needed y 29 to specifically address "lock-outs;" and 30 31 WHEREAS, an ordinance addressing the interim time period between the current adopted 32 comprehensive plan and land development code and the adoption of any new amendment(s) [new co CD 33 definitions and/or other code requirements] is necessary to ensure that any new definitions and code co 34 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of T_ 35 unincorporated Monroe County, including the provision of public participation in the planning process; 36 and 37 38 WHEREAS, an extension to the temporary moratorium deferring the approval of new 39 applications or received application that have not been fiilly approved, commencing October 27,2018, 40 for comprehensive plan or land development code amendments, development agreements (including 41 380 development agreements), and minor and major conditional use permits (excluding applications 42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated File 2018-090 Page 2 of 4 Packet Pg. 2582 1 people" or "two unrelated people and any children related to either of them" of a dwelling unit, 2 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings, 3 and prepare and adopt an amendment or amendments to the Land Development Code and the 4 Comprehensive Plan; and 5 6 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC) 7 reviewed the proposed interim development ordinance; and 8 9 WHEREAS,at a regularly scheduled meeting held on July 25,2018,the Monroe County Planning 10 Commission held a public hearing for the purpose of considering the proposed interim development 11 ordinance and provided for public comment; and 12 13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-18 14 recommending approval of the proposed interim development ordinance; and 15 i 16 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 17 of Monroe County. 18 0 19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 20 OF MONROE COUNTY: 21 22 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. c 23 24 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental 25 Resource Department shall defer the approval of new applications or received applications that have not ca co 26 been fully approved, commencing October 27, 2018, for comprehensive plan or land development code T_ 27 amendments, development agreements (including 380 development agreements), and minor and major LO 28 conditional use permits (excluding applications proposing only affordable housing dwelling units); with y 29 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to 30 either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing October 31 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development co 32 code regarding the definitions of dwelling unit;household; family and the undefined term "lock-out" of a T_ 33 dwelling unit; providing for expiration within 365 days of the effective date of an interim developmentco n' 34 ordinance or when the comprehensive plan and land development code amendments become effective, 35 whichever comes first. 36 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless 37 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption 38 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this 39 Ordinance extend beyond 365 days from the effective date of this ordinance. 40 File 2018-090 Page 3 of 4 Packet Pg. 2583 1 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 4 invalid or unconstitutional. 5 6 SECTION 5: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land E 7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 8 CL — 9 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon 10 filing with the Florida Department of State. 11 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 13 regular meeting of the Board held on the 15 th day of,.I L, August , 2018. 14 15 i 16 Mayor David Rice, District 4 Yes 17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes °3 18 Danny L. Kolhage, District 1 Yes 3 19 George Neugent, District 2 Yes . ' 20 Heather Carruthers, District 3 Yes Cm 21 22 _; c 23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIOD S 24 OF MONROE COUNTY, FLORIDA 25 --� �► U 26 By: co 27� �;� ,y�W. Mayor Dav ice 2 ) _ mLO MONRO1COUNTY f a Y APIP ASSlS i'Aull'CO N I'7'A ORNEY CD CD Onto_— 73d/( co - CD File 2018-090 Page 4 of 4 Packet Pg. 2584 R.3.h J �� BOARD OF COUNTY COMMISSIONERS County of Monroe f r�l Mayor David Rice,District 4 IleOI1da Ke S � Mayor Pro Tem Sylvia J.Murphy,District 5 y V €d' Danny L.Kolhage,District I George Neugent,District 2 � wj FF-'W" Heather Carruthers,District 3 0e County Commission Meeting August 15, 2018 Agenda Item Number: R.4 E Agenda Item Summary #4251 0 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources c TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: An ordinance by the Monroe County Board of Countyo Commissioners extending an interim development ordinance for an additional 365 days to defer the approval of new applications or received applications that have not been fully approved them regarding "lock-out" units commencing October 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; familyand the undefined term "lock-out" of a dwelling unit providing for g � P g � expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the State Land Planning Agency and the c Secretary of State;providing for an effective date. �t t� ITEM BACKGROUND: ca The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular co CD meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to N LO impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development ' agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications co CD utilizing the term "lock-out." co T_ CD At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development Ordinance 012-2017 implementing the moratorium described above. This ordinance is due to expire on October 27, 2018, if the relevant Comprehensive Plan and Land Development Code amendments are not adopted and effective before that date. �r Staff is working on BOCC directed amendments related to the development of dwelling units " utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization a� Packet Pg. 2585 R.3.hi of hurricane impact related building permits and development orders, an extension to the interim development order is appropriate. oe c At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the proposed interim development Ordinance and recommended approval through Resolution P20-18. E PREVIOUS RELEVANT BOCC ACTION: The BOCC on February 15, 2017, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 0 pending legislation. c The BOCC adopted Resolution 087-2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 developmento agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." The BOCC adopted interim development Ordinance 012-2017 on July 19, 2017. CONTRACT/AGREEMENT CHANGES: c n/a STAFF RECOMMENDATION: Approval ca co T_ CD DOCUMENTATION: LO 2018-090_Staff Report EX.1.Ord-012-2017 Ex.2 Reso P.20-18 Stamped_Ordinance co T_ CD FINANCIAL IMPACT: co T_ CD Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: Packet Pg. 2586 R.3.hi CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: E Grant: County Match: E Insurance Required: CL Additional Details: 0. 0 c REVIEWED BY: Emily Schemper Completed 07/27/2018 10:38 AM Steve Williams Completed 07/27/2018 3:16 PM Jaclyn Carnago Completed 07/30/2018 11:28 AM Assistant County Administrator Christine Hurley Completed o 07/30/2018 3:55 PM Budget and Finance Completed 07/30/2018 5:04 PM Maria Slavik Completed 07/31/2018 7:28 AM Kathy Peters Completed 07/31/2018 8:24 AM Board of County Commissioners Pending 08/15/2018 9:00 AM 0 co ca - CD LO co - co CD T- CD Packet Pg. 2587 f R.3.h fa. 0 U MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners CL Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental 0. Resources 0 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager Date: July 24, 2018 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 012-2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW 0 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY u APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE 0 PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE D) HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS ca co UTILIZING THE TERM"LOCK-OUT," COMMENCING OCTOBER 27, 2018, UNTIL T_ CD THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN � AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK- OUT" OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING co FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND co PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN CD EFFECTIVE DATE. (File 2018-090) Meeting: August 15, 2018 I. REQUEST The Monroe County Planning&Environmental Resources is proposing an extension to the interim E development ordinance (IDO) to defer the approval of new applications or received applications File No. 2018-090 Page I of 3 Packet Pg. 2588 R.3.hi that have not been fully approved, commencing October 27, 2018, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." E On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. Staff is seeking an extension to the IDO. E II. BACKGROUND INFORMATION CL 0. On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. .�, Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment ®� transmittal was complete and issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. 0 Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, S 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative 0 Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final v) Order would have become effective 21 days after publication in the Florida Administrative Register unless a petition was timely filed. The Land Development Code would have become effective on August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the ca DEO Final Order. On November 22,2016,the BOCC adopted an ordinance amending Section 130- co 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated N settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land -� Development Code included definitions which were amended with the adoption of the new code in April 2016. Neither document includes a definition of"lock-out." T_ N co The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 T_ in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. er The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to a impose a temporary moratorium deferring the approval of new applications or received application E File No. 2018-090 Page 2 of 3 Packet Pg. 2589 R.3.hi that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications 2 utilizing the term "lock-out." E At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development Ordinance 012-2017 implementing the moratorium described above. This ordinance is due to expire E on October 27,2018, if the relevant Comprehensive Plan and Land Development Code amendments are not adopted and effective before that date. Staff is working on BOCC directed amendments related to the development of dwelling units c U utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization of hurricane impact related building permits and development orders, an extension to the interim 2 development order is appropriate. X Development Review Committee and Public Input At a regular meeting held on June 26,2018,the Development Review Committee(DRC)considered ®i the proposed interim development Ordinance and provided for public comment. Planning Commission 0 At a regular meeting held on July 25, 2018,the Monroe County Planning Commission reviewed the proposed interim development Ordinance and recommended approval through Resolution P20-18. 0 III. STAFF RECOMMENDATION Staff recommends approval of the proposed extension to the interim development ordinance. ca co The interim development ordinance provides a period of time between the current adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new LO definitions and/or other code requirements] to ensure that the amendments are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, as including the provision of public participation in the planning process. C Staff is working on BOCC directed amendments related to the development of dwelling units co utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization of hurricane impact related building permits and development orders, an extension to the interim co T_ development order is appropriate. IV. EXHIBITS 1. Ordinance 012-2017 >� LU 2. Planning Commission Resolution P20-18 File No. 2018-090 Page 3 of 3 Packet Pg. 2590 R.3.i m 0 1 0 2 3 m 4 5 m 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CL 8 ORDINANCE NO.027--2019 0. 9 0 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE 13 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012- x 14 2017, AND EXTENDED THROUGH ORDINANCE 018-2018, FOR AN 15 ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW N, 16 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN _ 17 FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND 0 is DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS 19 (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND 20 MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS 21 PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH 22 PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO 0 23 UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF 24 THEM" OF A DWELLING UNIT,AND APPLICATIONS UTILIZING THE TERM 25 "LOCK-OUT," COMMENCING OCTOBER 27, 2019, UNTIL THE BOCC CAN 26 REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND .27 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING C44 28 UNIT; HOUSEHOLD; FAMILY AND THE UNDEFINED TERM "LOCK-OUT" 29 OF A DWELLING UNIT; PROVIDING FOR EXPIRATION WITHIN 365 DAYS 30 OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 31 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 32 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; N 33 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO 34 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 35 PROVIDING FOR AN EFFECTIVE DATE. (File 2019-081) 36 37 38 LO 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 40 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an 41 ordinance to impose a temporary moratorium deferring the approval of new applications or received o 42 application that have not been fully approved, commencing March 15. 2017, for comprehensive plan 43 or land development code amendments, development agreements (including 380 development Ord. 027 -2019 Page 1 of 4 File 2019-081 Packet Pg. 2591 R.3.i 0 1 agreements), and minor and major conditional use permits (excluding applications proposing only 2 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 3 unrelated people and any children related to either of them" of a dwelling unit, and applications 03 4 utilizing the term Iock-out;" and 5 � 6 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on 7 February 5,2017 in Key West,Florida,passed a motion to direct staff to impose a temporary moratorium CL 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated 0. 9 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 10 to pending legislation; and 11 - 12 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 19`h 13 day of July, 2017 in Marathon, Florida adopted Ordinance 012-2017 imposing a temporary moratorium 14 upon certain development applications proposing occupancy by "three unrelated people"or"two unrelated 15 people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due 16 to pending legislation; and 17 18 WHEREAS, the Board of County Commissioners of Monroe County,at a regular meeting on 281h 12 19 day of August, 2018 in Marathon, Florida adopted Ordinance 018-2018 extending a temporary 20 moratorium upon certain development applications proposing occupancy by "three unrelated people" or 21 "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term 22 "loch-out," due to pending legislation; and 23 24 WHEREAS, Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant 25 Comprehensive Plan and Land Development Code amendments are not adopted and effective before that ca 26 date; and 27 `V 28 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 29 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of 30 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and 31 development; and 32 cv 33 WHEREAS, the Monroe County BOCC has identified and discussed concerns with the existing 34 definitions in the County Comprehensive Plan and Land Development Code, including discussion of the 35 undefined term of Iock-out;" and '36 37 WHEREAS,the Monroe County Comprehensive Plan and Land Development Code are silent on LO 38 use of"lock-outs" and this use was not discussed during the update process and further edits are needed 39 to specifically address "lock-outs;" and 40 41 WHEREAS, an ordinance addressing the interim time period between the current adopted e 42 comprehensive plan and land development code and the adoption of any new amendment($) [new Ord. 027 -2019 Page 2 of 4 File 2019-081 Packet Pg. 2592 R.3.i 0 le 1 definitions and/or other code requirements) is necessary to ensure that any new definitions and code 2. requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of 3 unincorporated Monroe County, including the provision of public participation in the planning process; 4 and 5 6 WHEREAS, an extension to the temporary moratorium deferring the approval of new 7 applications or received application that have not been fully approved,commencing October 27,2019, CL 0. 8 for comprehensive plan or land development code amendments, development agreements (including 9 380 development agreements), and minor and major conditional use permits (excluding applications 10 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated 11 people" or "two unrelated people and any children related to either of them" of a dwelling unit, .2 12 and applications utilizing the term "lock-out;" will allow time to review, study, hold public hearings, 13 and prepare and adopt an amendment or amendments to the Land Development Code and the X 14 Comprehensive Plan; and 15 C44i 16 WHEREAS, on May 28, 2019, the Monroe County Development Review Committee (DRC) _ 17 reviewed the proposed interim development ordinance; and 18 c 19 WHEREAS, at a regularly scheduled meeting held on June 26 2019, the Monroe 20 County Planning Commission held a public hearing for the purpose of considering the proposed interim 21 development ordinance and provided for public comment; and 22 c 23 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 5-19 24 recommending approval of the proposed interim development ordinance; and 25 ca 26 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 27 of Monroe County. 28 r- 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 30 OF MONROE COUNTY: 31 , 32 SECTION X: Recitals. The above recitals are true and are hereby adopted and confirmed. 33 34 SECTION 2. MORATORIUM IMPOSED. Monroe County Planning and Environmental 35 Resource Department shall defer the approval of new applications or received applications that have not 36 been fully approved, commencing October 27, 2019, for comprehensive plan or land development code 37 amendments, development agreements (including 380 development agreements), and mirror and major LO 38 conditional use permits (excluding applications proposing only affordable housing dwelling units); with LU 39 proposed occupancy by "three unrelated people" or "two unrelated people and any children related to 40 either of them" of a dwelling unit, and applications utilizing the term "lock-out;" commencing October W 41 27, 2019, until the BOCC can review and possibly amend the comprehensive plan and land development c 42 code'regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a Ord. 027 -2019 Page 3 of 4 File 2019-081 Packet Pg. 2593 R.3.i 0 1 dwelling unit; providing for expiration within 365 days of the effective date of an interim development 2 ordinance or when the comprehensive plan and land development code amendments become effective, 3 whichever comes first. a SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless E M 5 dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption 6 of Land Development Code amendments. In no event, however, shall the moratorium imposed by this CL 7 Ordinance extend beyond 365 days from the effective date of this ordinance. 0. 0 U 8 9 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or .2 10 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent 11 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 12 invalid or unconstitutional. N 13 14 SECTIONS: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land 15 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 16 17 SECTION 6: FilinLy of Ordinance and Effective Date. This Ordinance shall take effect upon c 18 filing with the Florida Department of State. 19 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 21 at a regular meeting held on the 17th day of July , 2019. 22 23 Mayor Sylvia Murphy Yes 24 Mayor Pro Tern Danny L. Kolhage Yes - 25 Commissioner Heather Carruthers R Yes 26 Commissioner Michelle Coldiron Yes 27 Commissioner David Rice CM 28 J ram-' L r= 29 BOARD OF CO TY COMMISSION 30 E OF MONROE UN ORID r*..% -n 31 t �O 32 t�� BY -- ' _ rrn 33 MAY R S &VIA MURPHY o 34 (SE 35 36 A T: I VIN MA OK, CLERK NONROE Cot NWr Mir 37 - AP AS �n 38 DEPUTY CLERK '4 3 W Dab I � Ord. 027_-20 l9 Page 4 of 4 File 2019-081 Packet Pg. 2594 R.3.i J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Sylvia Murphy,District 5 "The Florida Ke � `�r _� Mayor Pro Tem Danny Kolhage,District I s " At ql a� y €d' _ Michelle Coldiron,District 2 \ ��m Heather Carruthers,District 3 David Rice,District 4 0 County Commission Meeting July 17, 2019 E Agenda Item Number: P.5 Agenda Item Summary #5721 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 y 1:30 P.M. PUBLIC HEARING x AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the N Monroe County Board of County Commissioners extending an interim development ordinance for an additional 365 days to defer the approval of new applications or received applications that have not been fully approved them regarding "lock-out" units commencing October 27, 2018, until the BOCC can review and possibly amend the comprehensive plan and land development code regarding the definitions of dwelling unit; household; family and the undefined term "lock-out" of a u dwelling unit; providing for expiration within 365 days of the effective date of an interim development ordinance or when the comprehensive plan and land development code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the 0 State Land Planning Agency and the Secretary of State;providing for an effective date. c, ITEM BACKGROUND: The Monroe County Planning & Environmental Resources is proposing an extension to the interim development ordinance (IDO)to defer the approval of new applications or received applications that have not been fully approved, that initially established on July 19, 2017 through Ordinance 012- 2017 and extended through Ordinance 009-2018 for an additional 365 days for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." N On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for an additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is seeking an extension to the IDO. LO The Planning Commission considered the proposed amendment at a regular meeting on June 26, 2019 and received public input. E Packet Pg. 2595 R.3.i PREVIOUS RELEVANT BOCC ACTION: At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development o Ordinance 012-2017 implementing the moratorium described above. a� On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the moratorium described above. E M Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant r- Comprehensive Plan and Land Development Code amendments are not adopted and effective before 0. that date. E 0 CONTRACT/AGREEMENT CHANGES: n/a x STAFF RECOMMENDATION: Approval cv i DOCUMENTATION: 2019-081 BOCC SR 07.17.19 EX.1.Ord-012-2017 Ordinance 018-2018 u 2019-081_Ordinance_DRAFT FINANCIAL IMPACT: Effective Date: t� Expiration Date: 0 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: cv Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: LO LU Additional Details: Packet Pg. 2596 R.3.i REVIEWED BY: W Cheryl Cioffari Completed 06/23/2019 3:57 PM 0 Steve Williams Completed 06/24/2019 1:43 PM o Maureen Proffitt Completed 06/24/2019 1:54 PM Assistant County Administrator Christine Hurley Completed 06/25/2019 10:20 AM -� Budget and Finance Completed 06/25/2019 10:30 AM Maria Slavik Completed 06/25/2019 11:20 AM Kathy Peters Completed 06/25/2019 11:37 AM Board of County Commissioners Pending 07/17/2019 9:00 AM 0. E 0 x cv i c 0 cv cv cv LO U Packet Pg. 2597 f R.3.i ft. 4 , 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 9 10 11 12 To: Monroe County Board of County Commissioners 13 CL 14 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources 0. 0 15 cJ 16 Date: June 21, 2019 17 N 18 Subject: An ordinance by the Monroe County Board of County Commissioners extending an interim 2 19 development ordinance as initially established on July 19, 2017 through Ordinance 012- 20 2017, and extended through Ordinance 009-2018, for an additional 365 days to defer the 21 approval of new applications or received applications that have not yet been fully approved ®� 22 for Comprehensive Plan or Land Development Code amendments, Development 9 23 Agreements (including 380 Development Agreements), and minor and major conditional 24 use permits (excluding applications proposing only affordable housing dwelling units), 25 with proposed occupancy by "three unrelated people" or "two unrelated people and any u 26 children related to either of them" of a dwelling unit, and applications utilizing the term 27 "lock-out," commencing October 27, 2019,until the BOCC can review and possibly amend S 28 the Comprehensive Plan and the Land Development Code regarding the definitions of a 0 29 dwelling unit; household, family and the undefined term "lock-out" of a dwelling unit; v) 30 providing for expiration within 365 days of the effective date of this Interim Development 31 Ordinance or when the Comprehensive Plan and Land Development Code amendments 32 become effective, whichever comes first(File 2019-081) 33 34 Meeting: July 17, 2019 35 36 I. REQUEST 37 38 The Monroe County Planning & Environmental Resources is proposing an extension to the interim 39 development ordinance(IDO)to defer the approval of new applications or received applications that 40 have not been fully approved, that initially established on July 19, 2017 through Ordinance 012- 41 2017 and extended through Ordinance 009-2018 for an additional 365 days for comprehensive 42 plan or land development code amendments, development agreements (including 380 development r_ 43 agreements), and minor and major conditional use permits (excluding applications proposing 9 44 onlyaffordable housing dwelling units); with proposed occupancy b three unrelated people" or g g )� p p p y y p p 45 "two unrelated people and any children related to either of them" of a dwelling unit, and applications LO 46 utilizing the term "lock-out." 47 N 48 On July 19,2017,the BOCC adopted interim development Ordinance 012-2017. On August 18,2018, E SR BOCC 07.17.19 Page 1 of 4 File 4 2019-081 Packet Pg. 2598 R.3.i I the BOCC adopted interim development Ordinance 018-2018 extending the moratorium for an 2 additional 365 days. The moratorium is currently due to expire on October 27, 2019. Staff is seeking T 3 an extension to the IDO. 4 oe 5 II. BACKGROUND INFORMATION 6 7 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan E 8 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive 9 Plan. E 10 11 Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 12 Comprehensive Plan. This ordinance was transmitted to the Department of Economic Opportunity 13 (DEO) on May 4, 2016. On May 6, 2016, DEO determined the comprehensive plan amendment c 14 transmittal was complete and issued a notice of intent to find the amendment "in compliance" on W 15 June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the 16 posting of the Notice of Intent on the DEO Website on June 20, 2016. 17 X 18 Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. 19 This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, C44i 20 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative 21 Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final 22 Order would have become effective 21 days after publication in the Florida Administrative Register 23 unless a petition was timely filed. The Land Development Code would have become effective on 2 24 August 16, 2016. On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the 0) 25 DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130- 26 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement 27 agreement and allowing the Monroe County Land Development Code to become effective. The 0 28 County's updated land development code became effective on February 3, 2017. U) 29 U 30 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land U 31 Development Code included definitions which were amended with the adoption of the new code in 32 April 2016. Neither document includes a definition of"lock-out." N 33 r� 34 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 35 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development 36 applications proposing occupancy by "three unrelated people" or "two unrelated people and any 37 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 38 pending legislation. 39 r� 40 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular 41 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to 42 impose a temporary moratorium deferring the approval of new applications or received application 43 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land 44 development code amendments, development agreements (including 380 development LO 45 agreements), and minor and major conditional use permits (excluding applications proposing only 46 affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two 47 unrelated people and any children related to either of them" of a dwelling unit, and applications 48 utilizing the term "lock-out." SR BOCC 07.17.19 Page 2 of 4 File 4 2019-081 Packet Pg. 2599 R.3.i I Staff is working on BOCC directed amendments related to the development of dwelling units 2 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization T 3 of hurricane impact related building permits and development orders, an extension to the interim 4 development order is appropriate. 0e 5 0 6 Community Meeting and Public Participation 7 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on May 21, 2019 0 8 in Marathon to provide for public input. There were no members of the public in attendance. 9 m 10 Development Review Committee and Public Input 11 The Development Review Committee considered the proposed amendment at a regular meeting on 2 12 May 28, 2019 and received public input. 0. 13 E 0 14 Planning Commission and Public Input U 15 The Planning Commission considered the proposed amendment at a regular meeting on June 26,2019 16 and received public input. 17 x 18 Previous BOCC Action 19 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development 20 Ordinance 012-2017 implementing the moratorium described above. ®� 21 22 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 23 moratorium described above. 24 0 25 Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant 26 Comprehensive Plan and Land Development Code amendments are not adopted and effective before 0 27 that date. 0 28 v) 29 III. STAFF RECOMMENDATION 30 31 Staff recommends approval of the proposed extension to the interim development ordinance. 32 c, 33 The interim development ordinance provides a period of time between the current adopted 34 comprehensive plan and land development code and the adoption of any new amendment(s) [new >, 75 35 definitions and/or other code requirements] to ensure that the amendments are fully evaluated to 36 ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including 37 the provision of public participation in the planning process. 38 c, 39 Staff is working on BOCC directed amendments related to the development of dwelling units 40 utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization 41 of hurricane impact related building permits and development orders, an extension to the interim 42 development order is appropriate. 43 44 0 45 IV. EXHIBITS "' 46 47 1. Ordinance 012-2017 48 2. Ordinance 018-2018 E SR BOCC 07.17.19 Page 3 of 4 File 4 2019-081 Packet Pg. 2600 R.3.i 1 3. Draft Ordinance a� 0 CL 0 0 0. 0 0 0 0 cv i 0 0 0 cv cv cv 0 LO 0 u SR BOCC 07.17.19 Page 4 of 4 File 4 2019-081 Packet Pg. 2601 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code unicode 55 results Seca 1 14-15. - Accommodation for Mass `rra.nsit. I. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 2 :N 3. ARTICLE I.-IN GENERAL 0 Nonresidential and multi-family uses generating over two thousand(2,000)trips per day shall be developed to encourage mass rF transit,by including features such as: transit Seca 13 -4 . - Purpose of the Suburban Residential District (SR). N 1. Land Development Code "= 2. Chapter 130-LAND USE DISTRICTS 3. ARTICLE II.-DISTRICT PURPOSES areas of low-to medium-density residential uses characterized principally by single-family detached dwellings.This district is predominated by development; however,natural E Seca 1 14-14a - Recycling and Solid waste Collection Areas. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS CL 3. ARTICLE I.-IN GENERAL 0. E 0 Any nonresidential,mixed use or multi-family residential development shall make adequate provision for a recycling collection area in accordance with the following standards: Seca 1 -1 Oa - Big fine Key Area. of Critical. County Concern. 1. Land Development Code 2. Chapter 106-AREAS OF CRITICAL COUNTY CONCERN carried out in the Big Pine Key area of critical county concern except for single-family detached dwellings on lots in the c improved subdivision district or on lots having N Seca 1 14-1 9. - Nonconforming I.,andsca. in . 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE IV.-LANDSCAPING All lawfully existing multi-family (3 or more units) and nonresidential development that is nonconforming to the landscaping standards of this article shall be brought into E Seca 13 -S4. - Purpose of the Destination resort District (DR). 1. Land Development Code 2. Chapter 130-LAND USE DISTRICTS 3. ARTICLE II.-DISTRICT PURPOSES (1) Single-family homes as of right; or Page 1 of 11 Packet Pg. 2602 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code Seca 1 S9- . - Affordable Housing Incentive rograr s. 1. Land Development Code 2. Chapter 139-AFFORDABLE AND EMPLOYEE HOUSING 0 transferred on a 1 for 1 basis where the ROGO exemptions are to be transferred to single-family residential lots or parcels 0 within the same ROGO planning subarea. However,where Seca 1 -1 Sa - Affordable and Employee Housing Fair Share Impact ee `crust Fund. 1. Land Development Code Cy 2. Chapter 126-IMPACT FEES Parks and Recreation Districts, except for accessory uses,home occupations and single-family,mobile home, and duplex c dwellings. c Seca 1 3 - . - Maximum Height. 1. Land Development Code 2. Chapter 131-BULK REGULATIONS E For NEW single family (detached dwelling unit)and multi-family (attached dwelling unit)buildings which are voluntarily elevated c- Sec. 1 -1 a - Variances Granted by the Planning Commission.fission. 0 1. Land Development Code 2. Chapter 102-ADMINISTRATION 3. ARTICLE VI.-APPEALS AND VARIANCES 4. DIVISION 1.-GENERALLY E not based on disabilities,handicaps or health of the applicant or members of his family; (7) Seca 1 -41. - Access driveways. N 1. Code of Ordinances 2. Chapter 19-ROADS AND BRIDGES 3. ARTICLE II.-PUBLIC RIGHT-OF-WAY USE PERMIT A request to install a single-family residential driveway access shall be submitted indicating the street address,lot to Seca 1 14- . - Installation Of Utilities and Driveways. Uj 1. Land Development Code E 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL All driveways for nonresidential or multi-family development shall be composed of compacted fill or concrete not less than four inches Seca 1 14-45. - Energy Conservation Standards. 1. Land Development Code Page 2 of 11 Packet Pg. 2603 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE II.-ENERGY AND WATER CONSERVATION STANDARDS of bicycle racks or other bicycle storage facilities in nonresidential and multi-family developments; Objective 101.10 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 0 3. 3.1 -FUTURE LAND USE 4. GOAL 101 as concurrent with the impacts of such development. Existing development, except single family residential built prior to November 16, 1992 shall,to the greatest extent possible m Seca 1 14- a - Adequate Facilities and Review Procedures. 0 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL The development of one single family residence on a single parcel shall be considered de minimis and shall not be considered C E Seca -1 9. - Duties Of the COurity attorney. CL 1. Code of Ordinances 0. 2. Chapter 2-ADMINISTRATION E 3. ARTICLE III.-OFFICERS AND EMPLOYEES 0 4. DIVISION 5.-COUNTY ATTORNEY W case-by-case basis for the purpose of allowing the attorney to handle legal matters for family members, and only if the matter would not create a conflict of interest.If a particular < E Seca - . - Exemptions. 1. Code of Ordinances , 2. Chapter 6-BUILDINGS AND CONSTRUCTION 0 3. ARTICLE III.-CONSTRUCTION INDUSTRY 4. DIVISION 1.-GENERALLY supervision themselves,when building or improving farnn outbuildings or one-family or two-family residences on such property 2 for the occupancy or use of such owners Seca 1 -5a - Variances t0 the Floodplain Mariagernerit Requirements. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT E The physical disabilities or handicaps and health of the applicant or members of his family; b. Objective 301.2 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.3-TRAFFIC CIRCULATION 4. GOAL 301 Page 3 of 11 Packet Pg. 2604 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code the proportionate share of the impact is mitigated.The development of one single family residential unit,on a single parcel, shall be considered de minimis and shall Seca 14- . - Unlawful practices. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS p 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY 0 national origin,ancestry,sexual orientation,gender identity or expression, familial status or age; Seca 1 14-Sa - Surface Water Management Criteria.. N 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL 0 (OFW)are subject to additional requirements for mitigation of pollutant loads. Single-family and duplex residences are required F to observe best management practices (BMP's) as E Seca 14-4 2. - Seale—Credit. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION C' 0. disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age. (Code 1979, § 13- tcj 103(f); Seca 14- 4. - Declaration Of policy. 1. Code of Ordinances E 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY d- 0 N expression,religion, disability,national origin, ancestry,sexual orientation, familial status,or age, and to that end,to eliminate discrimination in housing. Seca -1 . - Permits required. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE II.-BUILDING CODE 4. DIVISION 3.-PERMITS,INSPECTIONS AND CERTIFICATES OF OCCUPANCY 5. Subdivision II.-Permits E Exterior and interior painting of single- and two-family residential buildings. Seca 14-43a - Seale—Public accommodations. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION Page 4 of 11 Packet Pg. 2605 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age.The prohibition contained in this section,shall not apply to any Objective 101.7 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES o 3. 3.1 -FUTURE LAND USE 4. GOAL 101 0 buildable immediately prior to the effective date of the Plan,no less than a single-family residence. A Objective 101.9 cv 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1 -FUTURE LAND USE 0 4. GOAL 101 County Code. Substantial improvement or reconstruction of nonconfon-ning single-family homes shall comply with the setback provisions of the Monroe County Land Development E Objective 101.1 E 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES C' 0. 3. 3.1 -FUTURE LAND USE E 4. GOAL 101 U costs for the necessary transportation facilities.The development of a single family residential unit shall be considered de minimis and shall not be subject to this e( Seca 1 - a - Floodplairl Certificate Of Compliance rograr a 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT 0 N data from the Monroe County Property Appraiser Office which will identify all single-family residences which contain enclosures that are identified as living area on the ground Seca 1 -1 a - Eligible properties/prograrn requirements. 1. Code of Ordinances 2. Chapter 12-ENVIRONMENT AND NATURAL RESOURCE PROTECTION 3. ARTICLE VII.-PROPERTY ASSESSED CLEAN ENERGY(PACE)PROGRAM description)started during the reporting period separated by building type (e.g.,single family,multifamily,retail office, E industrial,etc.); � Seca 14-41. - Prohibited conduct-Ernployrnerit. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION Page 5 of 11 Packet Pg. 2606 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age.No employment agency shall directly or indirectly discriminate against Seca - 3. - Definitions. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION p 3. ARTICLE II.-BUILDING CODE 4. DIVISION 1.-GENERALLY 0 00 any building,structure,improvement or accessory thereto,other than a one-or two-family dwelling. Cumulative construction a., cost Seca 1 -1 a - Variances and Waivers Granted by the Plarining Director. 1. Land Development Code 2. Chapter 102-ADMINISTRATION 0 3. ARTICLE VI.-APPEALS AND VARIANCES 4. DIVISION 1.-GENERALLY 2 not based on disabilities,handicaps or health of the applicant or members of his family; (7) Seca 1 -5 a - Nonconforming Structures. E 1. Land Development Code 2. Chapter 102-ADMINISTRATION C' 0. 3. ARTICLE III.-NONCONFORMITIES E 0 Substantial improvement or reconstruction of nonconforming single-family residences shall comply with all applicable setback provisions of this Land Development Seca 1 14-1 Sa - Fences. E 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL d- 0 N For any parcel of land developed with a single-family residential residence and on a local road, a fence located within a clear sight Seca 1-4 . - Definitions. 1. Code of Ordinances 2. Chapter 21 -SOLID WASTE 3. ARTICLE III.-COLLECTION,DISPOSAL AND ASSESSMENT OF COSTS W 4. DIVISION 1.-GENERALLY one or more units in which each unit is designed for residential occupancy by one family only and that is owned pursuant to the provisions of F.S. ch.718. Seca 14- 1 - Definitions. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY Page 6 of 11 Packet Pg. 2607 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age. Executive Seca 1 - . - North Key i...,a.rgo Area. Of Critical County Concern. 1. Land Development Code 2. Chapter 106-AREAS OF CRITICAL COUNTY CONCERN acquisition effort to be undertaken, except for possible minor exceptions for single-family dwellings units in existing improved subdivisions. rF Seca 1 14- . - `rra.ff c Study. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE VII.-ACCESS STANDARDS ;- Traffic studies shall not be required for applications for a single family residence. ( c c Objective 212.4 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES a� 3. 3.2-CONSERVATION AND COASTAL MANAGEMENT E 4. GOAL 212 CL Except as provided herein,siting of single family docks,boat ramps, and boat slips on manmade water bodies shall require minus four E 0 CJ Seca 14-4 . - Definitions. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS U- 3. ARTICLE II.-DISCRIMINATION E thereof.Familial status means the status of living alone or in any familial relationship whatsoever,including,but not **Sec. 1 1®1. ® Definitions. N 1. Land Development Code 2. Chapter 101-GENERAL PROVISIONS includes single family residences but does not include mobile homes or recreational vehicles. Dwelling,single-family Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1)Any number ofpeople related by blood, marriage, adoption, guardianship, domestic partnership or duty- authorized custodial relationship; (2) Three unrelated people; (3) Two unrelated people and any children related to either of them. Habitable floor area means any floor area for occupancy and equipped for uses including, but not limited to, kitchen, dining, living, family or recreation room, laundry, bedroom, bathroom ,office, workshop, professional studio or commercial occupancy. Habitable space means any structure equipped for human habitation such as, but not limited to, office, workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial Page 7 of 11 Packet Pg. 2608 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code occupancy including all interior hallways ,corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable structures. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as dodgers,foster children, wards, or employees who share the housing unit. A person diving alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. o Seca 14- 9. - Exemption for housing for O➢deli persons. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS �+ 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY Any provision of this article regarding familial status does not apply with respect to housing for older persons. 0 Seca 1 S - . - `rype Of Development Not Affected. 1. Land Development Code 2. Chapter 138-RATE OF GROWTH RESTRICTIONS(ROGO/NROGO) -� 3. ARTICLE II.-RESIDENTIAL RATE OF GROWTH LIMITATIONS(ROGO) E M affordable housing unit,pursuant to Sections 101-1 and 139-1,is developed on a Tier III property(single-family residential lots r- or parcels)and the dwelling unit on the sender site is demolished a. 0. 0 E 0 LU Page 8 of 11 Packet Pg. 2609 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code **Sec. 1 ®1. ® Affordable and Employee Housing; d i ist :ion. 1. Land Development Code 2. Chapter 139-AFFORDABLE AND EMPLOYEE HOUSING When establishing a rental and sales amount,the county shall assume family size as indicated in the table below.This section shall not be used to establish 0. 0 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1. When establishing a rental and sales amount,the eortinty shal`,assume family size as indicated in the table below.This section shall not be 00 user!to establish the maximum number of imdividmals who actually live in the writ.This table shall be used in conjunction with the a) elimbil ry requirements crewed by Sett rii 1:11 r CD Size of Unit Assumed Family Sire Minimum occupancy N 0) W Efflci-ency(no separate bedroom) 1 1 0 v one bedroom 2 1 Two IDedrooni 3 2 Three bedroom 4 3 Four or more bedroom, 3 1;per bedroom CL 0. tJ Nonresidential Inclusionary Proposed Amendment: i. When establishing a rental and sales amount, the e.ounty shall base tlu:ry at-tsount upon th re"11 t1led'an 'ncom ubltsl'1ed for th C on alb annual bam's b-v tfi,�e LIT's. L CE t,Tt 't1T tmj'Rf [tT Yd tt. .l Y T � 1:1ti1 'f°L1 tic Fm'om 1l `tr� �:�'t lE_C' l`1tmj��� °' e and the Irvotue 111int; o t11 Ic�1.u.1t. 'v t . .: - ,r This a� —, L: Vr" section shall not be used to establish the urn number of i.ndi--ideals -t ho actually � lire: in the it- is table shall be used in the of th 0 ttbu'9_"`tf'tb1.1m rental rates wit: QL11'111fVitl1-`t IrIC0111pes table, CO.— tled 'v the lai—ming N e-1 "ttT ent accor, Iflig ti.tl1 :,fin.-.tons 3r S ection IQI- _ 1x-.'A 75 (J Size of Unit Assumed Household M . . Size Efficiency no separate bedroorn 1 4- LU One bedroom Two bedroom 3 21 � Three bedroom 4 Four or more bedroom 5 Page 9 of 11 Packet Pg. 2610 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code Objective 1401.4 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.14-CAPITAL IMPROVEMENTS 4. GOAL 1401 developments with a trip generation rate of 10 trips or less (such as a single family home)shall be limited to the segment of U.S. 1 most directly impacted by the development Objective 101.5 1. Comprehensive Plan N 2. 3.0-GOALS,OBJECTIVES AND POLICIES a� 3. 3.1 -FUTURE LAND USE 4- 4. GOAL 101 0 le High(RH)future land use category is to provide for high-density single-family,multi-family, and institutional residential U development,including mobile homes and manufactured **GLOSSARY 1. Comprehensive Plan E the date the use became nonconfon-ning.F Family means a person living alone,or people living together as a single household CL and sharing 0. E 0 F U Family means a person living alone, or people living together as a single household and sharing common living, >_ cooking, and toilet facilities: (1)Any number ofpeople related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship; U- (2) three unrelated people; E (3) two unrelated people and any children related to either of them. Habitable Space means any sh ucture equipped for human habitation such as, but not limited to office, workshop,kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial do occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. Garages, exterior 75 stairs and open decks and patios are not considered habitable structures. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers,foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household Household Income means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department E of Housing and Urban Development, adjusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code. Also known as Adjusted Gross Income. Seca -198. - Definitions. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE III.-CONSTRUCTION INDUSTRY Page 10 of 11 Packet Pg. 2611 R.3.j Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code 4. DIVISION I.-GENERALLY the term residential refers to systems installed in connection with one-family,two-family,or three-family residences not exceeding two stories in height.The following minor Seca 14 -4. - Signs Requiring a. Permit and Specific c Standards. I. Land Development Code 2. Chapter 142-SIGNS -� Multiple-family structures,nonresidential buildings and vacant land shall be allowed one non-illuminated �+ Seca 1 14- a - Required Off-Street Parking. N 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS :5 3. ARTICLE III.-PARKING AND LOADING 0e Single-family dwelling units,including mobile homes on individual lots or parcels Objective 107.1 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1 -FUTURE LAND USE 4. GOAL 107 0. 0. with SS zoning. Single family residences shall be limited to the existing(including any replacement thereof)and no more than U four(4) additional single family residences. Seca 122-3. - Permit Requirements. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT certifications as state certified residential appraisers for appraising one to four family residential properties and state certified 0 general appraisers for all other properties Seca 11 -1 a - Shoreline Setback. 1. Land Development Code 2. Chapter 118-ENVIRONMENTAL PROTECTION y 3. ARTICLE I.-IN GENERAL UJ principal use served by the accessory dock or docking facility shall be a single-family residence or two-family residence (duplex). Seca 122-4. - Standards for Issuarice Of Building Permits in Apses Of Special Food Hazard. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT elevation shall be constructed or equipped for such uses as a kitchen,dining room,family room,recreation room,office, bedroom,bathroom or workshop.This prohibition does Page 11 of 11 Packet Pg. 2612 ' ' _ ;• ' R.3.k BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: FeYbruao; 11, 199a Division: Growth Managemgnt Bulk Item: Yes No x Department: Planning cv 2 AGENDA ITEM WORDING: Consideration of a Memorandum of Understanding between the Department c Community Affairs and Monroe County establishing guidelines for the approval of single family residents, building permits to ensure that no separate independent living areas are created which are not in compliance wit the Land Development Regulations. — ITEM BACKGROUND: The Department of Community of Affairs (DCA) and Monroe County Growl Management Division have had different interpretations of what constitutes a dwelling unit, which has resulte in numerous single family residential building permits being appealed and modified by DCA. This Iack c consensus has created uncertainty in the development approval process for both the Growth Managemei Division staff and permit applicants. To respond to this problem, the staffs of DCA and Growth Managemei CL - Division have reached agreement on guidelines for approval of single family residential building plans, whic 0' are incorporated in the proposed MOU between DCA and Monroe County. PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST:-nZa BUDGETED: Yes No 0 COST TO COUNTY: _ nIa REVENUE PRODUCING? Yes No x AMOUNT PER MONTH PER YEAR APPROVED BY: County Attorney x OMB/Purchasing sk Manag7jj.; DEPARTMENT DIRECTOR APPROVAL: (AA y J. McGarry Dir c r of Plann' g DIVISION DIRECTOR APPROVAL: o gin. — c, Robert L.Herman,Director of Growth Management ca co DOCUMENTATION: Included x To follow Not required DISPOSITION: Agenda Item#: 0 e document/agenda/access.doc lsc Packet Pg. 2613 c MEMORANDUM 0 TO: The Board of County Commissioners N FROM: Timothy J. McGarry, Director of Plann' DATE: January 27, 1998 0 SUBJECT: Proposed Memorandum of Understanding between DCA and Monroe County Related to the Permitting of Accessory Dwellings Overview The Monroe County Growth Management Division and DCA staffs have worked together to prepare a draft Memorandum of Understanding (MOU), which U establishes specific guidelines and procedures to be followed in the permitting of single family residential dwellings and accessory structures to ensure that no 0 separate independent living areas are created which are not in compliance with the Land Development Regulations. These guidelines are summarized in y Attachment A to the subject agreement. > LN The Board of County Commissioners will be asked to approve the attached draft MOU at the Board's February 11 meeting. Background Analysis Differences of professional opinion have surfaced between the DCA and Growth Management staffs in permitting single family residential dwellings, additions to existing single family residences, and accessory structures. These differences arise, because of differing professional opinion of what constitutes the creation of a separate independent living area. The DCA staff has strictly interpreted current Land Development Regulations by relying on existing language in the Land Development Regulations defining co "dwelling unit" and "accessory uses and structures." Section 9.5-4(A-2) states that an accessory use can not include guest units or any other potentially habitable structure (emphasis added). Section 9.5-4(D-31) defines dwelling unit as "one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities." ForLU example, in the past DCA has appealed permits for unattached accessory structures that contain a bedroom and a full bathroom facility, because they o believe this constitutes a potentially habitable structure. Packet Pg. 2614 c DCA's strict interpretation has caused several permits to be appealed to eliminate full bathrooms and ,wet bars from building plans for additions or accessory structures. Unfortunately these decisions have made it difficult for individuals to build new:homes or additions to their existing homes in manner that meets their needs, even though they have no intention of creating a separate independent living areas or guest units. Furthermore, the lack of any specific guidelines, acceptable to both the County and DCA, creates problems for the Growth Management staff in its review of residential building plans, since it is uncertain what will be appealed by DCA. This lack of certainty makes it exceedingly difficult for applicants to know what E they can or can not build. M This problem is becoming more acute due to the increasing number of permit applications being submitted to the Growth Management Division for significantly large residential dwellings and building additions. The plans for these structures generally proposed design configurations (living areas) with wet bars, additional U bathroom facilities, and separate entrances. To address these problems, the DCA and Growth Management staffs have been working together to reach agreement on guidelines to be followed in the review y and approval of single family residential building permits. The results of this > mutual effort are presented in the proposed Memorandum of Understanding y (MOU). Attachment A of this document contains the specific guidelines to be followed. It is anticipated this MOU may be eventually supplemented and/or replaced by future amendments to the Land Development Regulations. Summary of Guidelines The proposed guidelines focus on elements of a residence and accessory structures that may create or could create separate independent living areas, such as separate entrances, lockability of internal connections, and existence of key housekeeping facilities, such as kitchens, wet bars, and bathrooms. CO CO In summary, the proposed guidelines will allow: wet bars and bathroom facilities in additions or other living areas of a house which have no lockable internal connection; only bathroom facilities in additions or living areas of a house which have lockable internal connections; and, only bathroom facilities in accessory structures. No more than one kitchen facility will be allowed in any single family residence. If any proposed design doesn't fail within the guidelines in Attachment A, it can only be approved by the Planning Director or Development Review Senior 2 Packet Pg. 2615 • i• R 3.k c Administrator, after consultation with the Planning Manager of the DCA field office. Recommendation N The Growth Management Division recommends adoption, of the proposed 2 Memorandum of Understanding by the Board of County Commissioners. 0 CL 0 0 0. 0 U CO CO 0 0 0 0 3 Packet Pg. 2616 c 0 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY o THIS MEMORANDUM of Understanding is being entered into by and between oe 0 the Florida Department of Community Affairs (DEPARTMENT) and Monroe County (COUNTY) to provide better coordination between the DEPARTMENT and the M COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the CL Monroe County Year 2010 Comprehensive Plan and land development regulations. 0. 0 I. Witnesseth, 0 WEREAS, the COUNTY has been declared an Area of Critical State Concern pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a > LN comprehensive land use plan and land development regulations, approved by the State as required by law; and ' WHEREAS, the COUNTY is required to issue development orders only in conformity with its approved comprehensive land use plan and land development regulations, and WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY ca development order to the Florida Land and Water Ad judicatory Commission if the co DEPARTMENT determines that the development order was issued in error; and 0 WHEREAS, due to a difference in interpretation between the DEPARTMENT LU and the COUNTY, the COUNTY has been issuing building permits deemed by the 0 DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County 1 Packet Pg. 2617 t R 3.k c 0 Year 2010 Comprehensive Plan and Monroe County Code regulating accessory dwelling units, and WHEREAS, the DEPARTMENT and COUNTY desire to enter into this 0 Memorandum and amicably resolve their differences of interpretation; and _ WHEREAS, the COUNTY recognizes that proper administration of its E comprehensive land use plan and land development regulations reduces the need for intervention by the DEPARTMENT, and both parties agree to pursue the goal of CL 0. removal of the Area of Critical State Concern designation in accordance with Section �? 380.0552, Florida Statutes; and WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows: y 1. The Monroe County Building Department shall only approve and issue y building permits for those project designs identified as "YES" on the matrix entitled "Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit" attached hereto as Attachment "A"; 2. Any project design which does not clearly fail within the descriptions set forth in the matrix shall require approval by the Director of Planning (or the Development Review Senior Administrator), after consultation with the DEPARTMENT's Planning co Manager for the Field Office; 3. An "unlockable internal connector" shall be defined as an "open wall." A door or doorway shall not be included in the definition of"unlockable internalLU connection." E 2 Packet Pg. 2618 c c 4. A "wet bar" shall be defined as "a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1) square foot in size) with electricity limited to 110 volt 0 service." Il. Modifications. E Modifications to this Memorandum of Understanding shall only be valid when they have been reduced to writing and duly signed by each of the parties hereto. CL 0. III. Termination of Memorandum. U Either party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect one week or five (5) working days, y whichever is earlier, after receipt of written notification as evidenced by a certified mail y return receipt. IV Notification. Notification to the DEPARTMENT shall be directed to the Secretary, Department of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100. Notification to the COUNTY shall be directed to the Mayor, Monroe County Board of County Commissioners, Monroe County Courthouse, 500 Whitehead Street, co Key West, FL 33040 with a copy to the Director of Growth Management, Monroe County Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227. 3 Packet Pg. 2619 R.3.k 0 0 V Effective Date. N This Memorandum of Understanding shall become effective upon execution.by 0 both parties, and shall end upon the termination of the Florida Keys Area of Critical _ State concern designation, unless terminated earlier according to Section IV above. E IN WITNESS WHEREOF, the parties have executed this Memorandum of CL 0. Understanding. U BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By > LN MAYORICHAIRMAN (SEAL) DATE y ATTEST: DANNY L. KOLHAGE, Clerk By: Deputy Clerk STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS By: DATE ca co APR A FORM A !ClENCY BY ttorney's Office LU Packet Pg. 2620 R.3.k ATTACHMENT A GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE AN ADDITIONAL DWELLING UNIT' 0 Bid. Separate lockable unlockable full wet bar Full Y2 Bath Allowed? type Z entrance internal internal kitchen Bath$ connection connectionsco acc. a) bkt. X NA NA X X NO " X NA NA X X NO X NA NA X X NO " X NA NA X X NO ;- " X NA NA X YES acid. X X ---- X X NO oe X X ---- X X NO " X X ---- X X NO X X ---- X YES " X X ---- X YES " X ---- X X X NO " X 11 ---- X X X NO " X ---- X X X YES lu " X ---- X X YES " ---- X X X YES " X X X NO o 1. General Note: Not all possible project design options are shown. As a rule of thumb, if an option allows a full kitchen then a wet bar is also permitted in place of or in addition to a full kitchen; or, if an option allows a full bath, then a'/ bath is also permitted in place of or in addition to a full bath. 2, acc = Attached or unattached accessory addition to principal structure with no internal connection to the structure. add = Addition to principal structure with an internal connection to principal structure. > LN 3. A separate entrance is any entrance including sliding glass doors. A special exception may be made y if the entrance is onto an enclosed courtyard or pool area. Care should be applied to assure a guest house or dormitory is not created. i 4. A lockable internal connection exists when either party can lock out the other party. 5. An unlockable internal connection exists when one party can not exclude the other party. An open wall is an unlockable internal connection. A door or doorway is not an unlockable internal connection. 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing "stub outs"shall be considered a kitchen. 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1)square foot in size)with electricity limited to 110 volt service. co 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum, may contain a toilet and a sink. 9. NO = Design can not be approved. YES = Design can be approved. Approval of any project design that does not clearly fall within one of the listed options can only be approved by the Planning Director or Development Review Senior Administrator, after consultation Lu with the Planning Manager of the DCA Field Office. 10. Requires covenant restricting dwelling unit to single family occupancy only. Packet Pg. 2621 C�l/15/199t� 08:14 E1504083309 COMMUNITY " FAIRS' 2 Cc o CC, OF MEMORANDUM OF UNDERSTANDING (MOU) BETV&+LW :rr;s G. .,C DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY THIS MEMORANDUM of Understanding is being entered, into by and between oe 0 the Florida Department of Community Affairs (DEPARTMENT) and Monroe County (COUNTY)to provide better coordination between the DEPARTMENT and the COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the CL Monroe County Year 2010 Comprehensive Plan and land development regulations. 0. I. Witnesseth. y WEREAS, the COUNTY has been declared an Area of Critical State Concern pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a comprehensive land use plan and land development regulations, approved by the State y com P � as required by law; and WHEREAS, the COUNTY is required to issue development orders only in conformity with its approved comprehensive land use plan and land development regulations, and WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY development order to the Florida Land and Water Adjudicatory Commission if the co DEPARTMENT determines-that the development order was issued in error, and rm WHEREAS, due to a difference in interpretation between the DEPARTMENT and the COUNTY, the COUNTY has been issuing building permits deemed by the LU DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County11, 1 Packet Pg. 2622 . , PAGE o• 04/15/1998 00:14 0504003309 COMMU14ITY AFFAIRS 0 0 Year 2010 Comprehensive Plan and Monroe County Code regulating accessory dwelling units; and WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Memorandum and amicably resolve their differences of interpretation; and WHEREAS; the COUNTY recognizes that proper administration of its comprehensive land use plan and land development regulations reduces the need for intervention by the DEPARTMENT, and both parties agree to pursue the goal of CL removal of the Area of Critical State Concern designation in accordance with Section 380.0552, Florida Statutes; and WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows: > 1. The Monroe County Building Department shall only approve and issue 0LN building permits for those project designs identified as "YES" on the matrix entitled i "Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit' attached hereto as Attachment"A". _ Any project design which does not clearly fall within the descriptions set forth in the matrix shall require approval by the Director of Planning (or the Development Review Senior Administrator), after consultation with the DEPARTMENT's Planning Manager for the Field Office. co 3. An "unlockable internal connector" shall be defined as an "open wall." A door or doorway shall not be included in the definition of"unlockable internal connection." 2 Packet Pg. 2623 con�MUNIr� AFFAIRS Faces o 04/15/1990 00:14 05040032109 0 0 4. A "wet bar" shall be defined as "a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design N limitations of one bin and limited to one (1) square foot in size)with electricity limited to 0 110 volt service." II. Modifications. Modifications to this Memorandum of Understanding shall only be valid when they hive been reduced to writing and duly signed by each of the parties hereto. CL 0. 111. Termination of Memorandum. �i Either party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect one week or five (5) working days, whichever is earlier, after receipt of written notification as evidenced by a certified mail LN 0 return ,receipt. -1V Notification. Notification to the DEPARTMENT shall be directed to the Secretary, Department of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399 2100. Notification to the COUNTY shall be directed to the Mayor, Monroe County Board of County Commissioners, Monroe County Courthouse, 500 Whitehead Street, Key West, FL 33040 with a copy to the Director of Growth Management, Monroeco ca Counter Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227. 3 Packet Pg. 2624 04/15/1990 00:14 8504083309 C OMMUJIT/ AFFAIFS PUCE 0 0 cv V Effective Date. This Memorandum of Understanding shall become effective upon execution by both parties, and shall end upon the termination of the Florida Keys Area of Critical 2 State concern designation, unless terminated earlier according to Section IV above- IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding. �i BOARD COUNTY COMMISSIONERS ' OF M(3 E CO By '. MAYOR/CHAIRMAN (SEAL) DATE < r r wx •' ATTEST: DANNY L. KOLHAGE, Clerk By: Deputy CI c STATE OF FLORIDA, DEPARTME OF TMI FFAIRS By DATE ca 'jA FORM A 1CIENcr BY ttomws Office 4 Packet Pg. 2625 ._04/15/1990 08:14 8504003309 1MMMUNIP1 AFFAIRS PAGE ATTACHMENT A GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE AN ADDITIONAL DWELLING UNIT' 131d. Separate lockabb unb able full wet ba -Full 'r4 Bath Allowed? typeZ entrance' -internal intemai kitchen6 Bath° connection' connections acc. bid. X NA NA X X NO + X NA NA X X NO X NA— NA X X NO X NA NA X NO W X NA NA X YES add X ---- X _�Xr NO o ---- X X NO • X X X NO . - X X �tiH._ YES m X X --- X YES X -- X X X NO X -- X X NO • X -- X X X YES X X X YES --- X X X YESCL • ---- X X I X NO c 1. General Note:flot ag possible project esign options are s own. a rule of thumb,If an option allows a full kitchen then a wet bar Is also permitted In place of or in addition to a full kitchen;or, If an uptlgn allows a full bath,then a%bath Is also permitted in place of or In addition to a full bath. _ o 2. ace = Attached or unattached accessory addition to principal structure with no internal connection to the structure. add °= Addition to principal structure with an Internal connection to principal structure. y 3. A separate entrance Is any entrance including sliding glass doors_ A special exception may be made LN if the entrance Is onto an enclosed courtyard or pool area. Care should be applied to assure a guest y house or dormitory is not created. 4. A lockable Internal connection exists when either party can lock out the 04r party. i ca 5. An unlockabie internal connection exists when one party can not exclude the other party. An open wall Is an unlockable internal connection. A door or doorway Is not an unlockabie Intemal connection. 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing`stub outs`shall be considered a kitchen. 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1)square foot in size)with elect'rlcity limited to 110 volt service. U 8. -A full bath contains,at a minimum,a sink,toilet and bath or shower. A half bath, at a maximum,may contain a toilet and a sink. ca co 9. NO m Design can not be approved. YES; - Design can be approved. Appr*oval of any project design that does not clearly fall within one of the listed options cart only be approved by the Planning Director or Development Review Senior Adrrdnistrator,after consultation with-the Planning Manager of the DCA Field Office. 10. Requires covenant restricting dwelling unit to single family occupancy only. LU Packet Pg. 2626