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Item R4 R.4 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.4 Agenda Item Summary #3135 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 Monroe County Land Development Code Section 101-1 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 Section 138-23 to address the term Lock-out Unit. (File 2019 - 099) ITEM BACKGROUND: This is the proposed Lcind Level pn7ent Code (1.1)C) amendment ent to address lock-out units in Section 101-1, definitions, and Section 138-23. This proposed LDC text cilnendlnent is necessur,Y' to he consistent With the proposed con7prRehens ve p1crrr cilnendlnent. Sections 10.3..3194 rind 10.3..3201, 1r'.S., require laird developn7ent r~eg;rrlutions to he consistent With crud ilnplernent the C'on7prehensive MCl/?. Can January 20, 2021, the BOCC field a public hearing, and adopted Resolution 039-202I to transmit the proposed Comprehensive Plan amendments to the Department of' Econornic Opportunity (DEO) to review the proposals 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 identify,,cw objections orconnnents to the pr~oposed cunendInent." Can May 19, 2021, the BOCC is holding a public bearing to consider adoption of` both the Comprehensive Plan amendment and the I...,and Development Code amendment addressing luck-out units, The Monroe County Planning & Environmental Resources Department is proposing amendments to the Monroe County LDC Section 101-1 and Section 138-23. Packet Pg. 2627 R.4 The Monroe County Year 2030 Comprehensive Plan became effective on June 20, 2016. The County's updated LDC 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 LDC included definitions which were amended with the adoption of the updated LDC. Both documents include a definition for family and household. Neither document includes a definition of"lock-out." In February 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. 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. Packet Pg. 2628 Excerpts of proposed amendments: Lock--oti.t unit means anv, structure or rOOELI 01' E�IOUJ) of rocs-nis or Dortior.� of a sing-Le farnify or .................................................................................................... ................. r transient ut-rit �Nrhicll cr"ealeg a semnate ind,Ue�i.rde.na 10VIng area.i�,Idch cain be ................................................................ -L o--------------------------------- -------A accessed and locked or arately froni flae eti.try to a residerldal 1111it or ...................................................................................................... transient urdt, Lock-out Linits create ,.I S- antte h'.1dependentli.vJ.jxz area/habitat)te Space,vvhich -hall. be .................................................................................................................................................................................................................................................... ....................................................................................................................... conisidered, a uait (dweltirw unit ati-dio.r tnansient unit)) NvIrich. re ires ati. additionial. ROGO ifl-ocation .......................................................................... ...................................................................................................................................................... or ROGO exeWtioa and 1,vdt be counted as a full tinit N-1welling tt,rril -tnd,o,r tninsiant. unit) wher, .......................................................................................... ................................................................................................................................................................................................................................................................... 4V+H�-- , -Pef)pk, F'e4le4-'- Gf -qIw4FIgf r ua A p- (2-4 Household means all the people who occupy a ': 4.-- �,v effinz unit. ............ ...... "o in. u&4.ti or-a-ca-'eup-c"t, gk Dwelling unit means one or more rooms physically arranged for occupancy by one fe-'si- i&J,, household sharing common liviny, a kitcher,�cooking), and battirooin leileLt facilities. D"'Veltua,�I.IrIlts ...................... ............................................................... ....................................... sliall not inctude additional dwell.in ar,, other .................................................................................................................................................................................. ............................................. ......................................... h......a........b........i...t.....a........b.......l................s......t....r.....u........c.......t....u........r......e.......s..........t....h........a.......t.........e......j..............i.....t...........a....... se.....x—ln---------i--n----c-l---e----)e-, Ildent livitig ,t�a IJiat�are�occi.iI.i....e.......d...... bv a s ,arate aj--.i.d .................................................... s dependerrl. h.ousehold, without ari. additional ROGO allocaition. or ROGO ...................................................................e.....l... em... p.l....i....o........ri...........I.......n............r......e......view............I..x..Ig oux in-.i.its or ariv other habitable structu-I-es ................................................................................................................. C fl-lat Creare dei)e.ndenr ij-vlrig area are rior cr .1, J ................................................................. aj-1�111.sf!nnlv—viffi lu�a at I )e�Irlr I�j Packet Pg. 2629 lwtar Lable Unlc)ckable Sepwate ................................ ......................................... Full wet Full Half. type .............................................. -71- -n ....................... ....................... ...................... ......................... -ved Italel 'al Itrici .al Allox, ... ............................................................................................ .......................................... trance Kitchen }far Bath Bath .................................................... Connection' Connectton T' - ......................... ............................... ............................... .................................................................. .................................................................. x NA NA x x NO .......... .......... .......... x NA NA x x NO .......... .......... .......... A(X'- .............. x NA NA x x NO ....... ................. ................. .... ......... ....... ................. x NA NA ..... X, x N 0 ....... ................. ............ .... ......... ................. X NA NA x YES 10, x x x x NO .......... x x x x NO .......... X1 x X x YES to x x X, x NO .... ......... ................. x X x YES 10 x x x YES 10, x x x YES'c' x x x YES U ............................. x x x NO ........ ........ ................. x X, x NO ......... ....... ................. x x x NO ........ ........ -ILI NO .......... x x x x YES 10 x x x YES x x YES x x x N O ........ ........ ................. I. G,-Ilefaj Note-Not all- �Utm X, ontions arc, A-s�a rule c,,f thlmrl-�. ifan le m .................................... ..................................................................V� tt� ther. MI, p 'Ir .0 a G PI tecl in )Iace..ofor in addir�,�:i,f --tchen. ".�1-111 ................ ........................... a!--,-w,,—I.f,afl.baffi,their a fraff bath i,�al..... ............................................................................................................................................................................... ...Lennitte-d-i-nPlace.of or inadchti,,ml-'o a,fiafl,tath" ....................................................................................................................... i um2l nn interna�connecricfn T.o t-�re'.,nedc ��tjcj mc -,,imu. qd ...........................................w......................................................... t. .......................................................................................... ADD. =Additiori connecti�m to ji im! sgnactuxe., 7%Iav ah o be ................................................................................................ c r .................... unit. ............................. .5. k�,,e mfale entranc:e a.nv enn arc, in-Ourfi-nz 7vlass(Iooj-.-�- A vun mav�, ma.de if t-�re m.......... -U,-—----------—------------------------ eratnat,ice.iL< ar,enc.lo,�.,td courtyard o Ian,. el .............................................................................................................................................................. ..................... Thes arate entnwnce not creaze locLout unrts, ........................... seconda.17v chvening:unr "s"units. drn�,c I ail, orher-albius"a"e smictute,that creue -d-,e an-up ....................................... ................. ............ ............ 4.A lc-,ck-ab e st ta,ArH connection e:xists vd-.,en eitlhei hou,,ehold can look-,ou uhe,.rUaer Lmrb'. 5.An tin.Accka.We umemil rllcetiUl s r I -Cam;_caf-mnt exch.Lde the --,L)en A.-aj.�Ls 'a A.11,unlockable.�Jwzernal connection, .door or dconvm L.,not an undockable internal c.,,mmecdon. To be an ............................................�:................................................................. ..............................................................................................................'Irdockable mAemal cannection.,the -�pee mE-naaa:r be 4"�Lchcn.�,or,naare in,vddth. .............................................................................................................................................................. ... 6. A. ft',41 kitchen is �fwi.`j.-..-v�Iaf�!fr that-, a ri:m bar. P;unibirt�� 'srub ot.,vn,,' la :I be ........................................................................................................................................................... con,sidefeda:,kitc.'a n, ................................. : ly or we box is a food, sin.k. t a tot o ad ccqlnter m,,.face� zuea, o f 116 fret........................I............. ..............................--- --- `uaI-udinq inb- IR hil deli as of one bin and' life fted to On (L-5-1-�-Ife foot�1-11121-�—n itIn e...l.e...c...z..r...i...c.....t..v...1...i.m.....-...i....e..d....,..t...o.......I....1..0......v....o....l.7i.7.e....r...v....i..c....e...- arrr 9.....A... f..u....l..l....bath.................................--L-L-1-............................................ toile....t....a....n......l....b....a....t..a...o...r......sh....o...w......e.........A.......h...a.lf..ba.....h.........a...t.....a................................... M. cc:nfam a Toilet and a�,Lak. ......................... ................................................................... -9........Y...........................=............d............ -ner,- C qI If. a ---im d .NO....Cle.vekz-,V�ndnooal�cetz,--halhn�obea arts eat. 10. R. - "s a re-.�,..trictive co-,.-enant IL-nni-61'12 thR cll i,L,Lum-0, c-t ....................... quire .............................. �eL r:- ——————-- ti.Vmn....anent.....r.e.m.......e...n...t....i..a.l.....t..m......i..t........P....r...o...v.o....,..a....l.....c...ag...i..n....o..t......C...r..e.a..T...t..,.....�_o_ fk ......................... .. ......... cl,&-eldng 1.3ni- ts, euest urct", domuton anvotl halmtable that creatt a. evarale uidevendent ring area................................................................................................................................................................ ec.cziecl,h a., tzar and indep-eade."t—IluusehoW L.imdted...tc...a sev a on, a single figuily cleunclied &velljng, Ini"t. into an enclosed baclovanci, :ar te ents, ......................... ...... ............................................... ............................................................................................................................................................ co-aftvard or coo- area of the rem'dence. T*.e se, aome en.tnance ahall viot cream- loc,11--mv undt. second"Iry. ...i . ........... cv,,el'in,.R , uniu, rIx rniton,- any, other hab-�table&trocture'--s that creite,a;so ....................... ....%muts............................. ....as:at i i.c.te area. ............ Packet Pg. 2630 R.4 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. 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: 2019-099_ORDINANCE_LDC_Lock-out_BOCC_Adoption 2019-099 Staff Report BOCC LDC Lock-out 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 Packet Pg. 2631 R.4 Ex. 6 search results of the term FAMILY Ex. 7 Feb 19 1998 BOCC AIS and MOU with DCA_accessory vs additions FINANCIAL IMPACT: Effective Date: Expiration Date: 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 11:55 PM Assistant County Administrator Christine Hurley Completed 05/03/2021 10:43 AM Derek Howard Completed 05/03/2021 11:58 AM Maureen Proffitt Completed 05/03/2021 12:12 PM Purchasing Completed 05/03/2021 12:12 PM Budget and Finance Completed 05/03/2021 12:56 PM Maria Slavik Completed 05/03/2021 1:01 PM Liz Yongue Completed 05/03/2021 4:18 PM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 2632 R.4.a 4 . 5 0 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 W 13 COUNTY LAND DEVELOPMENT CODE AMENDING SECTION 101-1 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 .E 18 DEFINITION FOR LOCK-OUT UNIT, MODIFY THE DEFINITION OF 19 TRANSIENT UNIT, CREATE A DEFINITION FOR WET BAR; AND 20 AMENDING SECTION 138-23 TO ADDRESS THE TERM LOCK-OUT 21 UNIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL W 22 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL 23 TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 24 STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY 25 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE i 26 DATE. (FILE 2019-099) 27 28 ¢� 29 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida i 30 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the U 31 health, safety, and welfare of the County's citizens; and 32 p 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 z 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 38 39 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 9 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, 43 2017, for comprehensive plan or land development code amendments, development agreements E 44 (including 380 development agreements), and minor and major conditional use permits 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. -2021 Page 1 of 7 File 2019-099 Packet Pg. 2633 R.4.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 o 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 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 .E 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 E 20 people" or "two unrelated people and any children related to either of them" of a dwelling unit or 21 utilizing the term "lock-out," due to pending legislation; and 22 c 23 WHEREAS, Ordinance 027-2019 extended the moratorium through November 8, 2020; 0. 24 and c 25 i 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 c 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 t� 35 manage land use and development; and 36 z 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 0� 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 N 42 amendment and provided for public comment; and 43 E 44 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P26-20 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. -2021 Page 2 of 7 File 2019-099 Packet Pg. 2634 R.4.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 6 WHEREAS, at a regularly scheduled meeting held on May 19, 2021, the Monroe County 7 Board of County Commissioners held a public hearing, considered the staff report, and provided 8 for public comment and public participation in accordance with the requirements of state law and 9 the procedures adopted for public participation in the planning process; and 10 11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and ;W 13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 14 manage land use and development; and 15 16 WHEREAS, based upon the documentation submitted and information provided in the 17 accompanying staff report, the Monroe County Board of County Commissioners makes the E 18 following Conclusions of Law: 19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 20 Monroe County Year 2030 Comprehensive Plan; and 21 2. The proposed amendment is consistent with the Principles for Guiding Development for W 22 the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 23 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and 0. 24 4. The proposed amendment is necessary due to new issues and the need for additional 25 detail or comprehensiveness, as required by Section 102-158 of the Monroe County 26 Code. t� 27 ca 28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 29 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 30 31 Section 1. The Monroe County Land Development Code is hereby amended as follows: 32 p 33 i Proposed Amendment: deletions are stfi ke *h-otigi.; additions are shown in underlined. 34 35 Sec. 101-1. -Definitions. 36 The following words, terms and phrases, when used in this chapter, shall have the meanings 01 37 ascribed to them in this section, except where the context clearly indicates a different meaning: 38 �+ 39 Accessory use or accessory structure means a use or structure that: c„ 40 (1) Is subordinate to and serves an existing principal use or principal structure; and 41 (2) Each individual accessory use or accessory structure as well as in total/combined, is E 42 subordinate in area (for this definition docks, pools, pool decks, driveways are 43 excluded from the total area), extent and purpose to an existing principal use or 44 principal structure served; and Ordinance No. -2021 Page 3 of 7 File 2019-099 Packet Pg. 2635 R.4.a 1 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use 2 or principal structure served; and 3 (4)Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as 4 the lot/parcel on which the principal use or principal structure is located; and 5 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal o 6 use or principal structure, excluding accessory docking facilities that may be 7 permitted on adjacent lots/parcels pursuant to section 118-12; and 8 (6) Is located in the same land use (zoning) district as the principal use or principal 9 structure, excluding off-site parking facilities pursuant to section 114-67. 10 11 Accessory uses include the utilization of yards for home gardens, provided that the 12 produce of the garden is for a non-commercial purpose. In no event shall an accessory use ;W 13 or structure be established prior to the principal use to which it is accessory. With approval 14 from the Planning Director, an accessory use or structure may continue if its principal use 15 or structure is discontinued or removed for redevelopment, provided that the owner is 16 moving forward with continual development and with active concurrent permits for 17 redevelopment of a principal use or structure. Accessory uses shall not include secondm E 18 dwelling units or lock-out units or any other habitable structures that are occupied by a 19 separate and independent household ram. 20 21 Dwelling unit means one or more rooms physically arranged for occupancy by one 22 residential household sharing common living, a kitchen (cookingl, and bathroom te4e4 23 facilities. Dwelling units shall not include additional dwelling units, secondary dwellingunits, nits, 0. 24 lock-out units, or any other habitable structures that create a separate independent living area 25 that are occupied by a separate and independent household, without an additional ROGO 26 allocation or ROGO exemption. In reviewing development proposals for dwelling units, to 27 ensure lock-out units or any other habitable structures that create a separate independent living 28 area are not created, the proposal shall comply with the following: 29 c 30 B1d�. Lockable Unlockable _i z Separate Full Wet Full Half g U vx Entrance 3 Internal Internal Kitchen S Bar 7 Bath 8 Bath 8 Allowed p Connection 4 Connection 5 X NA NA X - X - NO U X NA NA X - - X NO ACC. X NA NA = X X = NO X NA NA - X - X NO X NA NA = = X - YES 10 i X X - X - X - NO X X - - X X - NO Xll X - - X X - YES 10 X X - - X - X NO ADD. X11 X - - X - X YES to m X X - - - X - YES to X X - _ _ = X_ YES to X - - X X YES to - X - X - X - NO Ordinance No. -2021 Page 4 of 7 File 2019-099 Packet Pg. 2636 R.4.a X - - - X X - NO X - X X - X - NO X - X - X_ X - NO X - X - X_ X_ YES i0 X Xz YES _ X = = X = YES X X X - NO 2 1. General Note:Not all-possible project design options are shown. As a rule of thumb,if an option 0 3 allows a full kitchen, then a wet bar is also permitted in place of or in addition to a full kitchen, 4 or, if an option allows a full bath, then a half bath is also permitted in place of or in addition to a N 5 full bath. 2 6 2. ACC. = Attached or unattached accessory addition to principal structure with no internal 7 connection to the structure.May also be considered a lock-out unit. 0 8 ADD. = Addition to principal structure with an internal connection to principal structure. May u 9 also be considered a lock-out unit. 0 10 3. A separate entrance is any entrance including sliding glass doors. A special exception may be 11 made if the entrance is into an enclosed courtyard or pool area. The separate entrance shall not E 12 create lock-out units, secondary dwelling units, guest units, dormitory or any other habitable 13 structures that create a separate independent living area. E 14 4. A lockable internal connection exists when either household can lock out the other party 15 5.An unlockable internal connection exists when one party cannot exclude the other party. An open 16 wall is an unlockable internal connection. A door or doorway is not an unlockable internal 17 connection. To be an unlockable internal connection, the cased opening must be 42 inches or 2 18 more in width. 0 19 6. A full kitchen is an.. f�preparation facility larger than a wet bar. Plumbing 'stub outs' shall be 20 considered a kitchen. i 21 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square 22 feet(including a sink with design limitations of one bin and limited to one (1) square foot in size) 23 with electricity limited to 110 volt service. 24 8. A full bath contains, at a minimum, a sink,toilet and bath or shower. A half bath, at a maximum, 0 25 may contain a toilet and a sink. u 26 9. YES =development proposal/design may be approved. 27 NO=development proposal/design shall not be approved. U 28 10. Requires a restrictive covenant limiting the dwelling unit to occupancy by a single household -i 29 serving onlypermanent residential unit. Proposal cannot create lock-out units, secondary U 30 dwelling units, guest units, dormitory or any other habitable structures that create a separate z 31 independent living area occupied by a separate and independent household. z 32 11. Limited to a separate entrance on a single family detached dwelling unit into an enclosed 33 backyard, courtyard or pool area of the residence. The separate entrance shall not create lock-out 34 units, secondary dwellingunits,nits, guest units,dormitory or any other habitable structures that create 35 a separate independent living area. 36 37 38 39 (1) Any r ber--e 3ee��e�o, by blood, f" ^g�a�ogt�e�gi�' �hip m 40 „Ahe-ize iste ial of ienship; c� 41 42 . 43 Ordinance No. -2021 Page 5 of 7 File 2019-099 Packet Pg. 2637 R.4.a I Household means all the people who occupy a dwelling unit. " hetts,,hel 2 3 4 6 0 7 Kitchen means any food preparation area larger than a wet bar, intended or designed to be 8 used for cooking or the preparation of food. The presence of a range, oven, utility connections 9 suitable for servicing a range or oven, and/or plumbing "stub-outs", shall be considered as 10 establishing a kitchen. 11 � 12 Lock-out unit means any structure or room or group of rooms or portion of a single family ;W 13 or multi-family dwelling or transient unit which creates a separate independent livin _g areaarea 14 which can be accessed and locked or keyed separately from the principal entry to a residential 15 dwelling unit or transient unit. Lock-out units create a separate independent living 16 area/habitable space, which shall be considered a unit (dwelling unit and/or transient unitl 17 which requires an additional ROGO allocation or ROGO exemption and will be counted as a E 18 full unit(dwelling unit and/or transient unit)when computing the allowable density on a site. 19 20 Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel 21 room, a seasonal residential unit, a campground space, an institutional residential use, or a 22 recreational vehicle space. Transient units, limited to hotel or motel rooms, may include lock- 23 out units that meet the criteria within the definition of"Room, Hotel or Motel' and shall require 0. 24 an additional ROGO exemption for each lock-out unit. 25 eti 26 Wet bar means is a food or drink preparation area limited to a total counter surface area 27 of 16 square feet, a single one-bin sink of one square foot, and electrical service limited to 110 Ca 28 volt service. 29 c 30 ***** 0 31 32 Sec. 138-23. -Moratorium on New Transient Units. 33 New transient residential units, such as hotel or motel rooms (and any lock-out units), seasonal 34 residential units, or campground, recreational vehicle or travel trailer spaces, shall not be 35 eligible for residential ROGO allocations until May 1, 2022. z e( 36 37 38 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 01 39 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 40 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 41 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 42 provision immediately involved in the controversy in which such judgment or decree shall be 43 rendered. 44 45 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 46 this ordinance are hereby repealed to the extent of said conflict. 47 Ordinance No. -2021 Page 6 of 7 File 2019-099 Packet Pg. 2638 R.4.a I Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 2 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 3 4 Section 5. Filin2. This ordinance shall be filed in the Office of the Secretary of the State 5 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency 6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 7 Statutes and after any applicable challenges have been resolved. 8 �+ 9 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall 10 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 11 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform 12 marking system of the Code. 13 0 14 Section 7. Effective Date. This ordinance shall become as provided by law and stated 15 above. 16 17 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 18 Florida, at a regular meeting held on the 19th day of May 2021. E 19 20 Mayor Michelle Coldiron 21 Mayor Pro Tem David Rice 22 Commissioner Craig Cates c 23 Commissioner Eddie Martinez 0 24 Commissioner Mike Forster eat 25 26 27 i 28 29 BOARD OF COUNTY COMMISSIONERS 30 OF MONROE COUNTY, FLORIDA 0 31 U 32 BY 33 MAYOR MICHELLE COLDIRON 34 z 35 (SEAL) _ 36 37 ATTEST: KEVIN MADOK, CLERK 0i 38 39 AS DEPUTY CLERK cv { OROE COUNTY ATTORNEY APPROVED A6 TO FORW � 0ERE 4-C- yel A P T NT OUNTY ATTORNEY DATE 05-03-2021 40 41 Ordinance No. -2021 Page 7 of 7 File 2019-099 Packet Pg. 2639 R.4.b M'd f yl� 2 5 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 We strive to be caring,professional and fair 0 9 10 To: Monroe County Board of County Commissioners 11 12 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 13 N 14 From: Mayte Santamaria, Senior Planning Policy Advisor 15 16 Date: April 13, 2021 0e 17 18 Subject: An ordinance by Monroe County Board of County Commissioners adopting amendments 19 to the Monroe County Land Development Code amending Section 101-1 to modify the a 20 definition of Accessory Use or Accessory Structure, modify the definition of Dwelling a 21 Unit, delete the definition of Family, modify the definition of Household, create a a) 22 definition for kitchen, create a definition for Lock-out Unit, modify the definition of 23 Transient Unit, create a definition for wet bar; and amending Section 138-23 to address 24 the term Lock-out Unit. (File 2019-099) 25 z 26 Meeting: May 19, 2021 1_ CL 27 28 I. REQUEST i 29 30 The Monroe County Planning & Environmental Resources Department is proposing an amendment 31 to the Monroe County Land Development Code amending Section 101-1 to modify the definition of 0 32 Accessory Use or Accessory Structure, modify the definition of Dwelling Unit, delete the definition 33 of Family, modify the definition of Household, create a definition for kitchen, create a definition for 34 Lock-out Unit (specking that lock-out units are separate independent living area/habitable spaces U 35 and shall be considered a unit (dwelling unit and/or transient unit) which requires an additional 36 ROGO allocation or ROGO exemption and will be counted as a full unit (dwelling unit and/or 37 transient unit) when computing the allowable density on a site), modify the definition of Transient 0 38 Unit, create a definition for wet bar; and amending Section 138-23 to address the term Lock-out Unit. 39 40 IL BACKGROUND INFORMATION 41 , 42 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and 9 43 Land Development Code. The 2030 Comprehensive Plan was adopted pursuant to Ordinance 005- 44 2016 was transmitted to the Department of Economic Opportunity (DEO) on May 4, 2016. DEO 45 issued a notice of intent to find the amendment "in compliance" on June 20, 2016. The Monroe 46 County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent E 47 on the DEO Website on June 20, 2016. 48 The Monroe County Land Development Code was adopted pursuant to Ordinance 006-2016 and was 49 transmitted to DEO on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16- 50 130 in the Florida Administrative Register approving the Monroe County Land Development Code. BOCC SR Page 1 of 21 File No. 2019-099 Packet Pg. 2640 R.4.b I The Final Order would have become effective 21 days after publication in the Florida Administrative 2 Register (August 16, 2016) but a petition was filed. On August 10, 2016, the Petitioners filed a 3 Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted 4 an ordinance amending Section 130-165 to resolve the Petition challenging the DEO issued Final 5 Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land 6 Development Code to become effective. The County's updated Land Development Code became o 7 effective on February 3, 2017. 8 9 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land 6 10 Development Code included definitions which were amended with the adoption of the new Land 9 11 Development Code in April 2016. Both documents include a definition for family. Neither document 12 includes a definition of"lock-out." a 13 W 14 The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 15 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development 16 applications proposing occupancy by "three unrelated people" or "two unrelated people and any 2 17 children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to 18 pending legislation. E 19 20 The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular 21 meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to 22 impose a temporary moratorium deferring the approval of new applications or received applications 23 that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land 24 development code amendments, development agreements (including 380 development agreements), CL 25 and minor and major conditional use permits (excluding applications proposing only affordable 26 housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated 27 people and any children related to either of them" of a dwelling unit, and applications utilizing they 28 term "lock-out." c 29 30 On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017 implementing the 31 365 day temporary moratorium described above. 32 33 On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the 34 365 day moratorium described above. 35 � 36 On July 17, 2019, the BOCC adopted interim development Ordinance 027-2019 extending the 365 0 37 day moratorium described above. This moratorium went into effect on November 8, 2019 and runs 38 through November 8, 2020 or until Comp Plan and/or LDC amendments are adopted and effective, 39 whichever comes first. U) 40 41 On October 21, 2020, the BOCC held a transmittal hearing for the proposed Comprehensive Plan 42 amendment to address lock-out units. The BOCC discussed the proposed Comp Plan amendment but CD 43 decided not to transmit the amendment because the BOCC wanted to address the scenario of a master 44 bedroom with a separate entrance (ex: to the pool area), a lockable internal connection (regular door), 45 a coffee bar/wine bar and a bathroom. The BOCC mentioned that development standards have 46 evolved since 1998 (date of MOU with DCA) and this is a typical design/floor plan requested by 47 occupants. 48 BOCC SR Page 2 of 21 File No. 2019-099 Packet Pg. 2641 R.4.b 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 additional 3 scenarios to the table included within the definition of`dwelling unit.' DEO stated, at this time, they 4 did not identify any issues or edits with the proposed edits (see proposed amendment section below). 5 6 On January 20, 2021, the BOCC approved Resolution 039-2021 transmitting the proposed o 7 Comprehensive Plan text amendment to the State for review. 8 9 Staff is proposing a corresponding amendment to the Comprehensive Plan. The subject of this staff 6 10 report is the proposed amendment to the Land Development Code. 11 �, 12 13 Community Meeting and Public Participation W 14 In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on June 22, 2020 to 15 provide for public input. There were 2 members of the public in attendance. During the meeting, this 16 amendment to the Land Development Code (File 2019-099), the IDO extension (File 2020-066) and 2 17 the Comprehensive Plan amendment (File 2019-098) were explained. The public mainly asked for 18 clarification of the amendment provisions and noted that they hoped the amendment would address E 19 concerns about creating multiple"houses" with one ROGO allocation. 20 21 Development Review Committee and Public Input 22 The Development Review Committee considered the proposed amendment at a regular meeting on Z, 23 July 21, 2020 and received public input. One member of the public ask if the amendment would 24 apply retrospectively. 25 c' 26 Planning Commission and Public Input 27 The Planning Commission considered the proposed amendment at a regular meeting on September 28 23, 2020, provided for public input and recommended approval, with direction for staff to address, 0 29 within the matrix included in the dwelling unit definition, the scenario of a separate entrance without 30 a lockable internal connection. i 31 32 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS 33 U 34 The proposed text is shown as follows: additions are in underlined, -4 deletions are -cam�4 ig4+. 35 � 36 c 37 Sec. 101-1. -Definitions. 38 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed M 39 to them in this section, except where the context clearly indicates a different meaning: U)i 40 41 Accessory use or accessory structure means a use or structure that: �+ 42 (1) Is subordinate to and serves an existing principal use or principal structure; and 43 (2) Each individual accessory use or accessory structure as well as in total/combined, is 44 subordinate in area (for this definition docks, pools, pool decks, driveways are excluded E 45 from the total area), extent and purpose to an existing principal use or principal structure 46 served; and 47 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or 48 principal structure served; and BOCC SR Page 3 of 21 File No. 2019-099 Packet Pg. 2642 R.4.b 1 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the 2 lot/parcel on which the principal use or principal structure is located; and 3 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or 4 principal structure, excluding accessory docking facilities that may be permitted on adjacent 5 lots/parcels pursuant to section 118-12; and 6 (6) Is located in the same land use (zoning) district as the principal use or principal structure, o 7 excluding off-site parking facilities pursuant to section 114-67. 0 8 9 Accessory uses include the utilization of yards for home gardens, provided that the produce of 6 10 the garden is for a non-commercial purpose. In no event shall an accessory use or structure be 11 established prior to the principal use to which it is accessory. With approval from the Planning 12 Director, an accessory use or structure may continue if its principal use or structure is 13 discontinued or removed for redevelopment, provided that the owner is moving forward with 14 continual development and with active concurrent permits for redevelopment of a principal use 15 or structure. Accessory uses shall not include secondary dwelling units or._.1..S>�`1�.�:_out_.uni;ts,_.or any � 16 other habitable structures that are occupied by a separate and independent Iousehold i nt. 17 18 Allocated density. See " Density, allocated. " .E 19 20 Density, allocated means the number of dwelling units or rooms/spaces which may be permitted 21 to be developed per gross acre of upland without the use of Transferable Development Rights 22 (TDRs). 23 24 Density, maximum net means the maximum number of dwelling units or rooms/spaces which 1_ CL 25 may be permitted to be developed per buildable acre, with the use of Transferable Development 26 Rights (TDRs) or for affordable housing. eC� 27 28 Dwelling, attached, means a dwelling unit developed without open yards on all sides of the 0 29 dwelling unit. 30 31 Dwelling, detached, means an individual dwelling unit that is developed with open yards on all 32 sides of the dwelling unit. The term includes single family residences but does not include mobile 33 homes or recreational vehicles. 34 CO 35 Dwelling, single-family, or single-family residence means a one-family dwelling unit that is r_I 36 developed with open yards on all sides of the building. 37 38 Dwelling unit means one or more rooms physically arranged for occupancy by one 4def4h-4 39 household sharing common living, a_I� tLllenmCcookingj, and bathroo» -milt facilities. Qwelliig unas Ui 40 shall not include additional dwelling Units se.�:.jn q�v dwellln� Lrnits lt�cl�-t�L�t Units ter any t�tl�er a) 41 habitable structures that create a se �r-L Inge endent livin� �re� tl��t ire c�ccL� iecl by a se ��ate arc m m m m m m p __ __ m_m___ ]� p m 42 Inclepenclent household without an additional PC3GO allocation or PC3GO exern tarn 1n revi.ewing 43 clevel_oDment rmosals for dwellin4 Units. to ensure lock-out Units or any ottier Iiab-itable__structures 44 til.a.t..crea.te. a..senarate incle enclen:t...11vin44 area are nc t created .:t1�e... .rt pt�s l s1 11 ct n iv wltl� tl,e 45 ft>llt>win 46 47 48 49 BOCC SR Page 4 of 21 File No. 2019-099 Packet Pg. 2643 ILL, 5golrate U..g.k.a.b.1-c Full Wet Full Ha I f ................. ................ ................. ................ .................. Internal Internal A I lowed .............................. .............................. ar ath Bath .................................... EJ11.r.,1n..c..e 1� Connection Connection K itcDicta...-- B B.................. ..................... .............................................. ............................................... X NA NA X X NO ............ ............ ...... ............ X NA NA X X NO ............ ............ ...... ACC. ................... X A A N N X 0 ............ ............ .2i N..Q X NA NA X X NO 0. ............ ............ ...... ............ 0 X NA NA X YES'0 X X X X NCB ........... X X X X NO ...... ...... ............ X11 X X X YES 10 X X X X NO C44 ...... ............ X11 X - - X X YES 10 X X - - X YES'0 0 X X - - X YES'0 X - - X X YES'0 0 ADD. ................... X X X NO ............ X X X NO E ...... ...... ............ X X X X NO ...... ...... ............ X X X X NO E ...... ...... NCB X X X X YES'0 X X X LE S X YES z X X NO 0 CL 0 2 1. General Note: Not , I ori allows I �p2Lsible p. al p shown. As a rule of thLI .............................................................................. ........................................ 3 a full lcitclic it tl crr a a ct lrar is alas keriiiitted ui lacc of az iri addition to a full kitcheri,....ar,-jf aiti a. tion 4 allows a.fti.1 b-- then a half bath afar in addition to a full bath. ............................................................................... ........................... 0 5 2. ACC. :::::::: Attached or Unattached accessory addition to J)!M��al strLiCtUre�w'th rio�'riterrial�coririecflori to the .............................................................................................................................................................................. 6 stntcttirc. Slav alas be considered a lock-out unit. 0 7 ADD. :::::::: Addition t al structure w'th ari 'riterrial corine Dal StRICtUrC also be I .............................................................................. ................................. 8 coris'dered a lock-OLIt Urlit. .............. ............................ 9 3�.A. rarice 'r1ClUdiri,(4 slidi ass doors. A cia e be made if the .... ........ ...................... ..........i 10 entrance 's 'rito ari criclos d..0 LI ly'r.1 Lit units,..................................... .............. 0 11 secorida ....dw I I �,, units, �,,Liest units, d . ..... . ......other hab'table strtiCtLires that create --.1 ,.Qqm!�L ............................ry ........ 1 11............. ......................................1................................................................................................................. 12 i1i..kp 114c.11!.Iiv.,IiCL area . 13 4. A lockable internal connection exists when either household can lock 0LIt.the..other.Dart 0 ..................................................................................................................................................................................................................................................................................................................................................... y 14 5. Arl UrIlockable Internal connection exists when orie ar - cannot exclude heDartv. An o ...................................................................................................................................................................................................................... ..................................................................... ................... 15 is riot arl UrIlockable Internal connection. To be ari 16 UrIlockable rrial corinection,the..cased Irn� List be 42 'riches or more 'ri w'dth. ..............................................Trite............................................................................ .......................................Q�Jlj........................................i.................................................. ...........i............... 17 6.........A......................f...u.'l.l k.....i..tc....h.e...n....... is any .....RWiritiori—facility -I U)I 18 corisdered a..Ui cheri. ....................... 19 7. A wet bar is a food or dr ri r I I i Lp�iepqEqtio i area hm'ted to a total COUrIter Surface area of 16...S Liare feet ..................................................................................................................................... .................................................................................................................................................................................................................................... ------------------- 20 (including a sink with design limitations of orie biri and limited to orie if V) qnUare foot in sire e�-itl� C44 21 electr,.c,ty.jim'ted to 110 volt serf............... ...................................................................................... 22 8. A full bath coritarriS,..q.t...a....m. .1 I Lm.,....a.sirik to'let and bath or shower. A..half bath,..at..a..maxi LIM Ijj�.l 0) ............................................................................................. ... ........ ........................I.............I.............................................................................................................. ................................. .................................. 23 contain a toilet and a sink. E ................................. 24 9. YES.. de el p ............................. .........�2 25 NO 19 [M5-,ijLdg 5 clew e igri shall riot be 26 10. R..C.ClUlres a restrictive coveriarit limiting the dwelliri,(4 unit t r��tc_h�OLI�s�c�hojd � g i EY1114 27 -0..TUy k-out Wilts units BOCCSR Page 5 of 21 File No. 2019-099 Packet Pg. 2644 gjj 5 d�ve�derit livirig....,q dorm� ther habitable struCtUres that,_create_as arate in or any o 2 Oc.C. Lipied b a se arate and 'rid eriderit hOLIschold. ....... ......... 1 -1 , I cep Clerit nouserroic, ...........................Y...................P-,-na e Iria-----------I- 3 I...imited....to....a...se.pirite entrance are farilily UrIlt into ari enclosed back -ard, ................................................ ........ .............. __.&Ig ....... ............... 4 co rt trd_or_p a �._2f..t..h..e........r...e....s..d..e....r..i...c..e........T......h.............s.....p.,a a . ........... .....lac-lc .t .Ey S dormi'tory or ariv other habitable struCtUres that create a separate rid 5 dwell' 9�i lmi!�........................................ -i - ..................... .................... ........ 6 1' , 11.11W 7 0 8 9 10 12 C44 13 14 15 Household means all the people who occupy a unit. Oe 16 17 18 ti*f e4ted-peef k-s E 19 20 Kitchell-i-ri a s.anv food reparation area lar)�er than a wet bar...intended or designed to be used .................. 6. .................................................................designed.................................................................. E 21 for ram4e., oven. utility connections suitable for INS --------------------------------------------------- 22 seIvi range or oven. c 1 P-61-a �jgjnhi a st b t ' shall be considered as establishing a k4chen, a d/ r.p U -OU s........ ... ................................................................................................................................................................................................... 23 z 24 Lock-out unit rneans..any structure or roam or gyrt�gp f.jc.Icjj s_c.IE.p ion..of'.a si.ngle fign 0_gq or 25 i-nulti-fai-i-ii1v dwelli ndent livi' area which can be----------------------- ---------------------12.6_ CL 0 26 accessed and locked or keyed separately froi I r nc al entry to a residential dwellim4 unit or .accessed 27 transient unit, I..,ock-out units create �m se am e inclepcnclent livim4 area,/habitable s mce which shall be 28 considered a.unit..(�IM��Ijin tional ROGO allocation ....................................................................... ......... 0 29 or ROGO exern unit and/or transient un t when 30 ccr putlnA4 the allowable density on a site. 0 31CJ 32 Market rate housing means an attached or detached dwelling unit that is intended to serve as 33 permanent housing for households not eligible for affordable or employee housing under this Land U 34 Development Code. 0 35 CO 1 36 Multifamily residential development means a type of residential housing where multiple separate r- 0 0. 37 dwelling units for residential inhabitants are contained within one building or several buildings within 0) 38 one complex. INS 39 U) 40 Residence or residential use, as applied to any lot, plat, parcel, tract, area or building, means 41 used or intended for dwelling purposes, but not including transient units. 42 43 Room, hotel or motel means a unit consisting of a room or rooms in a public lodging C14 44 establishment as defined by F.S. § 509.013(4)(a), intended for transient lodging only for periods not C 45 exceeding 30 days. Transient occupancy shall conform to the definition contained in F.S. § E 46 509.013(12) as to transient occupancy. For the purposes of density restriction under this Land 47 Development Code: 48 (1)A hotel/motel unit may be a single bedroom and I 1/2bathrooms or a hotel/motel unit may be a 49 suite and may include a kitchenette but no more than I 1/2bathrooms, one bedroom and one 50 other living area. BOCCSR Page 6 of 21 File No. 2019-099 Packet Pg. 2645 R.4.b 1 (2) All entrances to a hotel/motel unit shall share the same key or means of controlling access so 2 that the hotel or motel unit as defined herein is not divisible into separately rentable units. 3 (3) Suites containing more than one bedroom and 1 1/z baths may be constructed; however, each 4 bedroom/full bath combination shall be considered a hotel/motel unit. 5 6 Seasonal residential unit is a type of transient residential unit with one or more rooms, toilet o 7 facilities, and a kitchen physically arranged to create a housekeeping establishment for occupancy by 8 one family, with tenancies not to exceed 180 consecutive days. 9 �+ 10 Transient unit means a dwelling unit used for transient occupancy such as a hotel or motel room 9 11 a seasonal residential unit, a campground space, an institutional residential use, or a recreational 12 vehicle space. Transient Units limited to hotel or motel rooms �nav include lock-outmunits_mthat rneet a 13 the criteria within tilc detrzlrtion...ot.. l2(on Hotel or. ll�lotel`' and small re uire an additional P0XG�� A ......... .q 14 exenticn f`cr each lccl -cLt Unite 15 m_m____ U 16 Wet har means is a food or drink prepare ic>n area limited to atotal counter surface area. of` 16 � 17 square feet a sln�le tine bin sink of tine s ctL�are ft�t�t and electrical service..limited to i 10 volt service.,. � 18 19 ***** 20 21 Sec. 138-23. -Moratorium on New Transient Units. t� 22 New transient residential units such as hotel or motel rooms anal any lock-out units seasonal � ___________________________ m__ . 23 residential._.:uni.:ts, or campground, recreational vehicle or travel trailer spaces shall not be eligible for 24 residential ROGO allocations until May 1, 2022. 25 26 27 IV. ANALYSIS OF PROPOSED AMENDMENT i 28 c 29 LOCK-OUT 30 The BOCC directed staff to propose amendments to address applications proposing development with 31 the use of"lock-outs" of units which could be utilized as separate dwelling unit or another potentially 32 habitable structure without the requirement of a separate ROGO allocation/exemption. 33 34 The requirement in Florida Statute, Administration Commission Rule and the Comprehensive Plan is 35 that hurricane evacuation clearance must be maintained at 24 hours for the resident population. They 36 policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development 0 37 Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to W 38 strengthen our local government capability to manage land use and development. As a direct result of 39 State's legislative and administrative growth restriction mandates, the County has adopted local v)i 40 ordinances, such as Rate of Growth Ordinance (ROGO), to fairly and competitively allocate the 41 limited number of permits for new dwelling units. 42 43 The BOCC previously discussed the use of a "lock-out" (a separate, independent living space) within 44 a dwelling unit - for concerns with developing without a ROGO allocation and potentially 5 45 circumventing density limitation. These discussions have identified a concern that the use of"lock- 46 outs" will create unintended impacts/consequences of additional units, vehicles, people and 47 disturbances (noise complaints) and the "lock-outs" are not in line with the state mandated Rate of 48 Growth Ordinance (ROGO)process for maintaining hurricane evacuation clearance times. Currently, BOCC SR Page 7 of 21 File No. 2019-099 Packet Pg. 2646 I the Monroe County 2030 Comprehensive Plan and Land Development Code are silent on use of 2 "lock-outs" and density is calculated based on units and not an undefined "lock-out." 3 4 ................................................... Example of a lock- Area 5 PATt0i out unit 6 configuration: 0 .............................. 0 7 8 9 BEDROOM BEDROOM LIVINGIDINING 10 AREA- C44 12 WET BAR 13 LAUNDRY/" WALK-AN 14 0 .............. 15 FULL KITCHEN bATHROOM 0 16 17Gi 18 E 'a 19 Note,the proposed amendments to the 'dwelling unit' definition with the table of allowed and not allowed 20 configurations,would not allow the configuration depicted above. E 21 Od Lockible Unlockfl le 22 5golnue .................................. ............................... Full Wet Full Hflf ................. Intermil Intermil ................ Wet... ................ ................8 A I lowed Entnince' .............................. ..............._ � Kitchen' Bir ' Bith' Bith I .................................... 23 ................................... Connection Conneclion ------------------ ---------- ..................... ..................... Z .............................................. ............................................... 0 24 X X X X NO CL 25 ADD. X X X X NO 0 26 a .2i �S. Y02 27 28 0 le 29 The adopted 2030 Comprehensive Plan does not include any policies related to the use of"lock-outs" 0U 30 which could be utilized as separate dwelling unit or another potentially habitable structure without the 31 requirement of a separate ROGO allocation/exemption but does includes the following definitions: 32 33 Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing 34 common living, cooking, and toilet facilities. 0 35 36 Household means all the people who occupy a housing unit. A household includes the related family 0 37 members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who W 38 share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a 39 housing unit such as partners or roomers, is also counted as a household. 40 U) 41 Family means a person living alone, or people living together as a single household and sharing common 42 living, cooking, and toilet facilities: 43 (1) Any number of people related by blood, marriage, adoption, guardianship, or duly authorized C14 44 custodial relationship; 45 (2) three unrelated people; E 46 (3) two unrelated people and any children related to either of them. 47 48 The County reviews dwelling unit development proposals based on a Memorandum of Understanding < 49 (MOU) between Monroe County and the Florida Department of Community Affairs (DCA, now 50 DEO) which establishes guidelines for the approval of single family residential building permits to BOCCSR Page 8 of 21 File No. 2019-099 Packet Pg. 2647 R.4.b I ensure that no separate independent living areas are created which are not in compliance with the 2 Land Development Regulations. This MOU was approved by the BOCC on February 11, 1998, and 3 specified guidelines which focus on elements of a residence and accessory structures that may create 4 or could create separate independent living areas, such as separate entrances, lockability of internal 5 connections, and existence of key housekeeping facilities, such as kitchens, wet bars, and bathrooms. 6 An excerpt from the approved MOU is provided below. 7 ATTACHMENT A GU IDEUNES-FC R APPROVING DI TIO S THAT DO NOT CREATE AN ADDITIONAL DWELUNG UNIT' 5Id. Seper to I©c able unlc . ble hill wet liar u11 1/2 t3� AI ed typw entrance' internal internal kitchen' Saida cat connecticn4 connection` m ace. bid. X NA NA X X NO X NA NA X X NA IAA X X NO � " X NA OVA X X NO " X PEA NA X YES " X X -_ X X No " X X X X NO X X YES m " X .. X X X NO X .. X X X NO X X YES W X ---- X YES _® X 1_f X X _ YEAS � 8 X m-/k X VCL i. sen rrat 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,It an option allows a full bath,then a%bath is also perrnifted in place of or In addition to a full bath. ¢I 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. 0 J 3. A separate entrance is any entrance including sliding glass doors. A special exception may be made CAI if the entrance Is onto an enobsed courtyard or pool area. Care should be applied to assure a guest house or dormitory is not created. I C A lockable internal connection exists when either party can lock out the other party. S. An unlockable internal connection exists when one party can not exclude the other party. An open wall Is an uniockable internal connection. A door or doorway is not an unlockable intemal connection. 6. A full kitchen is any food preparation Facility larger than a wet bar. Plumbing'stub outs"shall be considered a kitchen. 0 T. 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 biro and limited to one(1)square foot in size)with ro electricity limited to 110 volt se I 8. A full bath contains,at a minimum,a sink,toilet and bath orshower. A half bath,at a maximum,may contain a toilet and a sink. S. NO Des ign can not be approved. YES = Design can be approved. Approval of any project design that does not dearly fall within one of the listed options can only be .. approved by the Planning Director or Development Review Senior Administrator,after consultation with the Planning manager of the DCA Field Office, 9 10, Requires covenant restricting dwelling unit to single family occupancy only. � ro 10 11 To address the BOCC's direction on `lock-outs' and provide consistency with the MOU between the 12 County and DCA that has been utilized since 1998, staff is recommending including the provisions of 13 the MOU within the definition of"dwelling unit" to ensure separate independent living areas are not BOCC SR Page 9 of 21 File No. 2019-099 Packet Pg. 2648 R.4.b I created and creating a definition for "lock-out unit" to specify that lock-out units are separate 2 independent living areas/habitable spaces and shall be considered a unit (dwelling unit and/or 3 transient unit) which requires an additional ROGO allocation or ROGO exemption and will be 4 counted as a full unit(dwelling unit and/or transient unit) when computing the allowable density on a 5 site. 6 7 Staff has proposed requiring a restrictive covenant to most of the development proposals/designs that 8 may be approved. The restrictive covenant limits the dwelling unit to occupancy by a single 9 household serving only as a permanent residential unit. As defined by the LDC, `permanent 10 residential unit' means a dwelling unit that is designed for, and capable of, serving as a residence for 11 a household for non-transient occupancy, excluding hotel, motel, and recreational vehicle. 12 m 13 Additionally, staff has added three additional scenarios into the matrix of possible project design ;W 14 options, to capture other likely development proposals/designs, as follows: 15 O d n Lock ible U oc s ibl _ pc n _ E.g.[! « W..el Roll Cntern Interri i:. [[t f l oy ctntr Entrance' Kitchen' dit .....................th dtth Connection Connection . .................................... _.............................................. d- .a - - - - NO DD. - - - NO ca X11 X _ _ X X - YES'€r X11 X - - X - X YES'€r Z 16 17 18 FAMILY 19 The BOCC directed staff to propose amendments to address applications with proposed occupancy 20 by "three unrelated people" or "two unrelated people and any children related to either of them" of a 0 21 dwelling unit, and applications utilizing the term "lock-out." Along with the proposed amendments to U 22 address "lock-out units," staff is proposing to delete the definition of"family," as the term does not 23 appear to be utilized in the code (see exhibit 6 to the staff report) and does not appear necessary and 24 because there isn't a consistently used definition of family that covers the diverse composition of 25 families. Additionally, staff is proposing to amend the definition of `household" to simplify the 26 definition. The lock-out unit amendments should address the concerns of the BOCC regarding 27 impacts/consequences of additional units, vehicles, people and disturbances (noise complaints) and 28 the creation of "lock-out units" are not in line with the state mandated Rate of Growth Ordinance 0 29 (ROGO)process for maintaining hurricane evacuation clearance times. 30 31 Staff is proposing the following amendments: U) i 32 3334 t 7 . 6� 351 -` .�n� a g m N 36 �` . 37 214 -uffr—e-4i-e l-e; 38 .N 39 40 Household means all the people who occupy a 1 i64 cwcllin unit. --_ el °-kids-: . ______ 41 BOCC SR Page 10 of 21 File No. 2019-099 Packet Pg. 2649 R.4.b ef 4 5 6 In developing the recommended amendments, staff completed a review of the adopted code o 7 definitions of multiple local governments throughout the State of Florida for the term `family,' 8 including definitions used by the U.S. Census Bureau, the U.S. Department of Housing and Urban 9 Development, and definitions provided in the APA Planner's Dictionary. Many of the definitions are 10 similar to the County's adopted definition and address people related by blood, marriage, adoption, 9 11 guardianship, domestic partnership or duly-authorized custodial relationship as well as maximum 12 numbers of unrelated people. There is not a consistent or standard definition for the terms "family" or 13 `household" —nor a consistent maximum number of people. ;W 14 0 Local Provision of Definition of Family unrelated Government people Monroe County Family means a person living alone, or people living together as a single Up to 3 household and sharing common living,cooking, and toilet facilities: unrelated m (1) Any number of people related by blood, marriage, adoption, people E guardianship, domestic partnership or duly-authorized custodial relationship; (2)Three unrelated people; W (3)Two unrelated people and any children related to either of them. City of Key West, Family means: Up to 4 e= CL FL (1) One person or a group of two or more persons related by blood, unrelated marriage, adoption, or foster care occupying a dwelling unit as a people e( separate, independent, not-for-profit housekeeping unit with a single kitchen and set of culinary facilities. Such family may also include up 0 to two unrelated persons who serve as servants or caretakers for the U housekeeping unit; or (2) Up to four unrelated persons occupying a dwelling unit as a U� separate, independent, not-for-profit housekeeping unit with a single kitchen and set of culinary facilities. U� City of Marathon, Family: One (1) or more persons occupying a living unit as a single, No limit U FL nonprofit housekeeping unit. ca Village of Family means an individual or two or more persons related to each other Up to 6 � r Islamorada, FL by blood, marriage, or adoption; or no more than six unrelated individuals unrelated 0. 0 living together as a single housekeeping unit. This definition does not people apply to a group occupying a boardinghouse,hotel, or motel. Sarasota, FL Family: An individual, or two or more persons related by blood, marriage Up to 4 v)i or adoption, living together as a single housekeeping unit; or a group of unrelated not more than four persons not related by blood, marriage or adoption, people living together as a single housekeeping unit. Alachua County, Family: One or more persons occupying a living unit as a single,nonprofit No limit `44 FL housekeeping unit. Miami Beach, FL Family means an individual or two or more persons related by blood or Up to 3 marriage, or a group of not more than three persons (excluding servants) unrelated who need not be related by blood or marriage, living together as a single people housekeeping unit in a dwelling. Broward County, Family: Any number of persons living together as a single housekeeping No Limit FL unit, whether legally related to each other or not. The persons constitutin BOCC SR Page 11 of 21 File No. 2019-099 Packet Pg. 2650 R.4.b a family may also include gratuitous guests and domestic servants, but shall not include paying guests. Fort Myers, FL Family means one or more persons living together as a single No limit housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, club, fraternity, or hotel. A personal caretaker or nursing care provider serving one of the family members and who lives onsite is also considered a family member. 0. Lauderdale-By- Family. One person or a group of two or more persons living together and Up to 3 The-Sea, FL interrelated by bonds of consanguinity, domestic partnership, marriage or unrelated legal adoption, or a group of persons not more than three in number who people are not so interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the State Department of Children and Families (DCF) or to a child-placing agency licensed by DCF, or who is otherwise considered to be a foster child under the laws of the State, and c 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 this chapter. Nothing E herein shall be construed to include any roomer or 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 more unrelated p adults who are not related by blood, marriage or adoption shall not be people W 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 to CL mean a fraternity, sorority, club, monastery, convent or institutional group. Martin County, FL Family: Up to 5Ci 1. One or more persons related by blood, marriage, adoption, or unrelated 0 guardianship occupying a single residential dwelling unit as a single people housekeeping unit and sharing common facilities; or 0 2. Any group of up to five persons occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. 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 a unrelated 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 0 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. v) City of Orlando, Family: One or more persons occupying a single dwelling unit and living Does not FL as a single housekeeping unit,provided that unless all members are related mention 9 by blood, marriage, adoption or foster care responsibility, no such family unrelated shall contain over five persons. people N This term includes Community Residential Homes occupied by not over six CRH residents; but does not include any fraternity, sorority, club, Family is a E convent, monastery, or group housing. max of 5 eo le. St.Pete Beach, FL Family means one or more individuals related by blood, marriage, or Up to 4 adoption or fostering of children under the age of 25, and up to two unrelated unrelated persons who serve as caretakers, servants, or housekeepers, people BOCC SR Page 12 of 21 File No. 2019-099 Packet Pg. 2651 R.4.b occupying a dwelling unit and living as a single household unit. Family shall also be defined as four or less unrelated individuals for the purposes of residential occupancy. The term "family" shall not be construed to mean a fraternity, sorority, club, or other institutional group. Town of Palm Family means an individual; or two or more persons related by legal Up to 3 Beach, FL adoption, blood, or a licit marriage; or a group of not more than three unrelated F O persons who need not be related by blood or marriage, living together as a people single housekeeping unit in a dwelling. c 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 blood or marriage,no such family shall contain over four(4)persons. unrelated people cv Family is a t, 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 marriage, no family shall contain over five persons. Domestic servants unrelated E employed on the premises may be housed on the premises without being people counted as a separate or additional family or families. The term family shall not be construed to mean a fraternity, sorority, club, monastery or Family is a convent, rooming or boardinghouse, emergency shelter, emergency shelter max of 5 p home, group care home, residential treatment facility, recovery home or people nursing home, foster care home or family care home. z St. Lucie Count Family: One 1 or more persons occupying a single housekeeping unit Does not Y� Y O p py g g p g � e® FL provided that unless all members are related by blood, legal adoption, or mention c- marriage, no such family shall contain over six (6) persons, and provided unrelated further that such family may include gratuitous guests and domestic peopleCi servants. 0 c Family is a max of 6 c people 1 2 U.S. Census Bureau 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, nor 7 are the members of unrelated subfamilies included in the count of family members. The number of families is 8 equal to the number of family households, however, the count of family members differs from the count of 9 family household members because family household members include any non-relatives living in the ¢' 10 household. 11 12 Family group: A family group is any two or more people (not necessarily including a householder) residing 13 together, and related by birth, marriage, or adoption. A household may be composed of one such group, more N 14 than one, or none at all. The count of family groups includes family households, related subfamilies, and 15 unrelated subfamilies. m 16 17 Family household: A family household is a household maintained by a householder who is in a family (as 18 defined above), and includes any unrelated people (unrelated subfamily members and/or secondary 19 individuals) who may be residing there. The number of family households is equal to the number of families. 20 The count of family household members differs from the count of family members, however, in that the family BOCC SR Page 13 of 21 File No. 2019-099 Packet Pg. 2652 R.4.b I household members include all people living in the household, whereas family members include only the 2 householder and his/her relatives. See the definition of family. 3 4 HUD (§ 570.3—Definitions) 5 Family refers to the definition of"family"in 24 CFR 5.403. 6 7 24 CFR 5.403: Family includes, but is not limited to, the following, regardless of actual or perceived 8 sexual orientation, gender identity,or marital status: c 9 (1) A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, 10 or any other single person; or 11 (2) A group of persons residing together, and such group includes,but is not limited to: 12 (1) A family with or without children (a child who is temporarily away from the home because of 13 placement in foster care is considered a member of the family); `44 m 14 (ii) An elderly family; 15 (iii) A near-elderly family; 16 (iv) A disabled family; 17 (v) A displaced family; and 0 18 (vi) The remaining member of a tenant family. 19 m E 20 Household means all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 21 5.403;two or more families living together; or any other group of related or unrelated persons who share living 22 arrangements,regardless of actual or perceived, sexual orientation, gender identity, or marital status. 23 24 APA-A Planners Dictionary W 25 Family: A person living alone, or any of the following groups living together as a single nonprofit 26 housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: (1) any number of 27 people related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship; (2) two CL 28 unrelated people; (3) two unrelated people and any children related to either of them; (4) not more than eight a 29 people who are: (a) residents of a "Family Home" as defined in the [state code] and this ordinance; or (b) eti 30 "handicapped" as defined in the Fair Housing Act . . . and this ordinance. This definition does not include c 31 persons currently illegally using or addicted to a "controlled substance'; (5) three or more people who are Ie 32 granted a special-use permit as a "functional family" pursuant to the special use permit procedures section of 33 this ordinance. Family does not include any society, club, fraternity, sorority, association, lodge combine, U� 34 federation, coterie, or like organization; any group of individuals whose association is temporary or seasonal in 35 nature; any group of individuals who are in a group living arrangement as a result of criminal offenses. (Ames, U� 36 Iowa) U 37 ca 38 One or more persons occupying a single dwelling unit, as a single housekeeping unit, provided that unless all 1 39 members are related by blood, marriage, or adoption, no such family shall contain over six persons, including 0 40 any roomers, boarders, and/or domestic servants. A home for independent living with support personnel that 41 provides room and board, personal care and habilitation services in a family environment as a single- ; 42 housekeeping unit for not more than six resident elderly or disabled persons (mentally and/or physically 43 impaired) with at least one, but not more than two resident staff persons shall be considered a family. (Tulsa, Ui 44 Okla.) 45 �+ 46 Two or more persons related by blood, marriage, adoption, or not more than four persons not related by blood, N 47 marriage, or adoption, occupying a dwelling unit as an individual housekeeping organization. (Boone County, 48 Mo.) 49 50 An individual or two or more persons related to each other by blood, marriage, or adoption, or a group of not 51 more than four persons not all so related, together with his or their domestic servants, living in a dwelling unit. 52 A family may include, in addition thereto, not more than two boarders, roomers, or permanent guests, whether 53 or not gratuitous. (Roswell,N. Mex.) 54 BOCC SR Page 14 of 21 File No. 2019-099 Packet Pg. 2653 R.4.b I One or two persons or parents, with their direct lineal descendants and adopted or legally cared for children 2 (and including the domestic employees thereof) together with not more than two persons not so related, living 3 together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of 4 four or fewer persons living in such housekeeping unit shall be considered a separate family for the purpose of 5 this code. (St.Paul,Minn.) 6 7 Two or more persons related to each other by blood, marriage, or legal adoption living together as a single 0. 8 housekeeping unit; or a group of not more than three persons who need not be related by blood, marriage, or c 9 legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit. (Lake 10 County, Ill.) 11 12 One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a 13 group occupying a rooming house or motel. (Gorham,Maine) N m 14 15 One or more persons occupying a premise[s] and living as a single housekeeping unit as distinguished from a 16 group occupying a boardinghouse, lodging house, or hotel as herein defined. (Scottsdale, Ariz.) 17 0 18 An individual, or two or more persons related by blood, marriage or adoption, or a group of unrelated persons 19 which,if it numbers five or more persons, must be living together as a group in a dwelling unit, using common W 20 cooking facilities and as a group bear the generic character of a family as a relatively permanent household. 21 (Santa Rosa, Calif) 22 M 23 Any number of persons living together as a single housekeeping unit under a common housekeeping 24 management plan. (Clarkdale, Ariz.) 25 z 26 One or more persons immediately related by blood, marriage or adoption living together as a single L0 27 housekeeping unit in a dwelling unit together with any domestic employees. A group of not more than six CL 28 unrelated persons living together as a single housekeeping unit with their domestic employees shall also be a 29 considered a family. (Lake Elsinore, Calif) eti 30 c 31 Either: (a) One or more persons related by blood, adoption, or marriage, living and cooking together as a single Ie 32 nonprofit housekeeping unit, inclusive of household servants, or (b) Two to six persons living and cooking 0 33 together as a single nonprofit housekeeping unit having a continuing nontransient domestic character though U� 34 not related by blood, adoption, or marriage. This definition shall not include any society, club, coterie or 35 organization which is not a recognized religious order nor does it include any group of individuals whose U� 36 association is temporary or seasonal or similar to a resort,boarding house, motel,hotel, or whose association is U 37 for an anticipated limited duration or for a determinable period such as a school term or terms. (Beverly Hills, 0 38 Calif.) 39 c 40 Household. The person or persons occupying a dwelling unit(Growing Smart Legislative Guidebook). 41 42 A family living together in a single dwelling unit with common access to, and common use of, all living and 43 eating areas and all areas and facilities for the preparation and storage of food within the dwelling w� 44 unit. (Siskiyou County, Calif) 45 �+ 46 A family living together in a single dwelling unit with common access to and use of all living and eating areas N 47 within the dwelling unit. (Clarkdale, Ariz.) 48 m 49 A domestic establishment including a member or members of a family or others living under the same roof. 50 (Sandy, Ore.) 51 e( 52 Any number of individuals living together on the premises as a single housekeeping unit, as distinguished from 53 a group occupying a boarding house, lodging house, or hotel as defined herein. (Vadnais Heights, Minn.) 54 BOCC SR Page 15 of 21 File No. 2019-099 Packet Pg. 2654 R.4.b 1 2 V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE 3 4 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102- 5 158(d)(7)(b): 6 2 7 1. Changed projections (e.g., regarding public service needs) from those on which the text or 8 boundary was based; 9 N/A 10 11 2. Changed assumptions (e.g., regarding demographic trends); 12 N/A 13 W 14 3. Data errors, including errors in mapping, vegetative types and natural features described in 15 volume 1 of the plan; 16 N/A 2 17 18 4. New issues; 19 20 The County is proposing text amendments to the Glossary of the Monroe County 2030 21 Comprehensive Plan and to Policy 101.3.5 to address the term Lock-out Unit. The proposed text 22 amendments to Sections 101-1 and 138-23 are necessary to be consistent with the proposed 23 comprehensive plan amendment. Note, Sections 163.3194 and 163.3201, F.S., require land 24 development regulations to be consistent with and implement the Comprehensive Plan. 25 c' 26 5. Recognition of a need for additional detail or comprehensiveness; or 27 28 Amendments are necessary to provide additional details or comprehensiveness of Land 0 29 Development Code provisions as they related to applications proposing development with the use 30 of "lock-outs" of units (undefined term) and applications with proposed occupancy by "three 31 unrelated people" or "two unrelated people and any children related to either of them" of a 32 dwelling unit. Amendments are proposed to define "lock-out units," modify the definition of 33 Accessory Use or Accessory Structure, modify the definition of Dwelling Unit, delete the 34 definition of Family, modify the definition of Household, create a definition for kitchen, modify 35 the definition of Transient Unit, create a definition for wet bar; and amending Section 138-23 to 36 address the term Lock-out Unit. These amendments are proposed to address the concerns of the 0 37 BOCC regarding impacts/consequences of additional units, vehicles, people and disturbances 38 (noise complaints) and the creation of"lock-out units" that are not in line with the state mandated 39 Rate of Growth Ordinance (ROGO) process for maintaining hurricane evacuation clearance Ui 40 times. 41 42 6. Data updates; 43 N/A 44 45 In no event shall an amendment be approved which will result in an adverse community change 46 to the planning area in which the proposed development is located or to any area in accordance 47 with a livable communikeys master plan pursuant to findings of the board of county 48 commissioners. 49 BOCC SR Page 16 of 21 File No. 2019-099 Packet Pg. 2655 R.4.b I The proposed text amendment is not anticipated to result in an adverse community change. 2 3 4 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 5 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 6 7 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe 8 County 2030 Comprehensive Plan. Specifically,it furthers: 9 �+ 10 GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the 9 11 safety of County residents and visitors, and protect valuable natural resources. 12 13 Objective 101.3: Monroe County shall regulate new residential development based upon the ;W 14 finite carrying capacity of the natural and man-made systems and the growth capacity while 15 maintaining a maximum hurricane evacuation clearance time of 24 hours. 16 2 17 Policy 101.3.1: Monroe County shall maintain a Permit Allocation System for new residential 18 development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit E 19 Allocation System shall limit the number of permits issued for new residential dwelling units. The 20 ROGO allocation system shall apply within the unincorporated area of the county, excluding 21 areas within the county mainland and within the Ocean Reef planned development (Future 22 development in the Ocean Reef planned development is based upon the December 2010 Ocean Z, 23 Reef Club Vested Development Rights Letter recognized and issued by the Department of 24 Community Affairs). New residential dwelling units included in the ROGO allocation system CL 25 include the following: affordable housing units; market rate dwelling units; mobile homes; and 26 institutional residential units (except hospital rooms). eC� 27 28 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct 0 29 location, and therefore cannot be accounted for in the County's hurricane evacuation model. 30 Under no circumstances shall a vessel, including live-aboard vessels, or associated wet slips be 31 transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet 32 slips are not considered ROGO allocation awards, and may not be used as the basis for any type 33 of ROGO exemption or THE(Transfer of ROGO Exemption). 34 ca 35 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and r_I 36 seasonal residential units are subject to Policy 101.3.5. 37 38 For purposes of this Policy. the redevelopment or replacement of any lawfully established unit 39 within the Venture out community. which is located in the Lower Keys at MM23 on Cudjoe Key, v)i 40 that does not increase the number of units. above that which existed on or before January 4. 1996 41 shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and 101.6.8 shall not 42 apply to Venture Out. and the units within Venture Out may be developed as either mobile home 43 or recreational vehicle use through the approval of a building permit. provided the following are 44 met: 45 46 1. To not increase the hurricane evacuation clearance time of permanent residents. in the event of 47 a pending major hurricane (Category 3- 5), a mandatory evacuation of all occupants of units 48 within Venture Out, regardless of unit type, is required at least 48 hours in advance of tropical 49 storm winds. Approximately 48 hours in advance of tropical storm winds, a mandatory BOCC SR Page 17 of 21 File No. 2019-099 Packet Pg. 2656 R.4.b I evacuation of occupants residing in a permanent unit shall be initiated and a mandatory 2 evacuation of both the occupants of recreational vehicles (RVs) and the RVs shall be initiated; 3 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of mobile home 4 (permanent) and recreational vehicles (transient) uses may occur only within the gated Venture 5 Out community with a managing entity responsible for evacuation; 6 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is prohibited; 7 4. Recreational Vehicles must meet all land development regulations, floodplain management 8 regulations and any building code requirements for recreational vehicles; 9 5. A recreational vehicle must have current licenses required for highway travel, be attached to 10 the site only by the quick disconnect-type utilities, and no permanent additions such as sun 9 11 rooms or state rooms shall be permitted; 12 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit, regardless of use type, 13 within the Venture Out community may be transferred to another site outside of the Venture tW 14 Out community; and 15 7. In no case shall recreational vehicles (transient units)be developed as a hotel/motel. 16 17 Policy 101.3.5: Due to the limited number of allocations and the State's requirement that the 18 County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County E 19 shall prohibit new transient residential allocations for hotel or motel rooms, campground spaces, 20 or spaces for parking a recreational vehicle or travel trailer until May 2022. Lawfully established 21 transient units shall be entitled to one unit for each type of unit in existence before January 4, 22 1996 for use as a ROGO exemption. 23 z 24 Policy 301.2.3: Monroe County shall not permit new development which would significantly 25 degrade the LOS below the adopted LOS standards on U.S. 1 (overall) unless the proportionate 26 share of the impact is mitigated. The development of one single family residential unit, on a 27 single parcel, shall be considered de minimis and shall not be subject to this requirement. A five 28 percent projected decrease in travel speeds, below LOS C, is a significant degradation in the level 0 29 of service on U.S. 1. Traffic volume which exceeds the LOS D standard by more than five percent 30 is a significant degradation in the level of service on any other County road. 31 32 B. The amendment is consistent with the Principles for Guiding Development for the Florida 33 Keys Area, Section 380.0552(7), Florida Statutes. 34 ca 35 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the ,_i 36 principles for guiding development and any amendments to the principles, the principles shall be construed 0 37 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 38 (a) Strengthening local government capabilities for managing land use and development so that local 39 government is able to achieve these objectives without continuing the area of critical state concern v) 40 designation. 41 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, 42 wetlands, fish and wildlife, and their habitat. 43 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical N 44 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 45 their habitat. 46 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 47 development. 48 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 49 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 50 ensuring that development is compatible with the unique historic character of the Florida Keys. 51 (g) Protecting the historical heritage of the Florida Keys. BOCC SR Page 18 of 21 File No. 2019-099 Packet Pg. 2657 R.4.b I (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 2 public investments,including: 3 4 1. The Florida Keys Aqueduct and water supply facilities; 5 2. Sewage collection, treatment, and disposal facilities; 6 3. Solid waste treatment, collection, and disposal facilities; 7 4. Key West Naval Air Station and other military facilities; 8 5. Transportation facilities; c 9 6. Federal parks,wildlife refuges, and marine sanctuaries; 10 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; 11 8. City electric service and the Florida Keys Electric Co-op; and 12 9. Other utilities, as appropriate. 13 14 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and W- 15 replacement of stormwater management facilities; central sewage collection; treatment and disposal 16 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and 17 disposal systems. 0 18 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 19 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as a) E 20 applicable, and by directing growth to areas served by central wastewater treatment facilities through 21 permit allocation systems. 22 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 23 Keys. 24 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 25 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural z 26 or manmade disaster and for a postdisaster reconstruction plan. 27 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the CL 28 Florida Keys as a unique Florida resource. 29 i 30 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the c 31 Principles for Guiding Development as a whole and is not inconsistent with any Principle. 32 0 33 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 34 (F.S.). Specifically, the amendment furthers: 35 U 36 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 37 enhance present advantages; encourage the most appropriate use of land, water, and resources, 38 consistent with the public interest; overcome present handicaps; and deal effectively with future 39 problems that may result from the use and development of land within their jurisdictions. Through the 40 process of comprehensive planning, it is intended that units of local government can preserve, 41 promote,protect, and improve the public health, safety, comfort, good order, appearance, convenience, 42 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient v)i 43 provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other a) 44 requirements and services; and conserve, develop, utilize, and protect natural resources within their 9 45 jurisdictions. 46 47 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal status 48 set out in this act and that no public or private development shall be permitted except in conformity E 49 with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with 50 this act. 51 52 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and 53 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal BOCC SR Page 19 of 21 File No. 2019-099 Packet Pg. 2658 R.4.b I development of the area that reflects community commitments to implement the plan and its elements. 2 These principles and strategies shall guide future decisions in a consistent manner and shall contain 3 programs and activities to ensure comprehensive plans are implemented. The sections of the 4 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, 5 and policies, shall describe how the local government's programs, activities, and land development 6 regulations will be initiated, modified, or continued to implement the comprehensive plan in a o 7 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations 8 in the comprehensive plan but rather to require identification of those programs, activities, and land c 9 development regulations that will be part of the strategy for implementing the comprehensive plan and 10 the principles that describe how the programs, activities, and land development regulations will be 11 carried out. The plan shall establish meaningful and predictable standards for the use and development 12 of land and provide meaningful guidelines for the content of more detailed land development and use N 13 regulations. � 14 15 163.3194(1)(b), F.S. — All land development regulations enacted or amended shall be consistent with the 16 adopted comprehensive plan, or element or portion thereof, and any land development regulations 17 existing at the time of adoption which are not consistent with the adopted comprehensive plan, or 0 18 element or portion thereof, shall be amended so as to be consistent. If a local government allows an 19 existing land development regulation which is inconsistent with the most recently adopted W 20 comprehensive plan, or element or portion thereof, to remain in effect, the local government shall 21 adopt a schedule for bringing the land development regulation into conformity with the provisions of 22 the most recently adopted comprehensive plan, or element or portion thereof. During the interim 23 period when the provisions of the most recently adopted comprehensive plan, or element or portion 24 thereof, and the land development regulations are inconsistent, the provisions of the most recently 25 adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard to z 26 an application for a development order. 27 (2) After a comprehensive plan for the area, or element or portion thereof, is adopted by the CL 28 governing body, no land development regulation, land development code, or amendment thereto shall a 29 be adopted by the governing body until such regulation, code, or amendment has been referred either eti 30 to the local planning agency or to a separate land development regulation commission created c 31 pursuant to local ordinance, or to both, for review and recommendation as to the relationship of such le 32 proposal to the adopted comprehensive plan, or element or portion thereof. Said recommendation 0 33 shall be made within a reasonable time, but no later than within 2 months after the time of reference. U� 34 If a recommendation is not made within the time provided, then the governing body may act on the a 35 adoption. i 36 (3)(a) A development order or land development regulation shall be consistent with the U 37 comprehensive plan if the land uses, densities or intensities, and other aspects of development 0 38 permitted by such order or regulation are compatible with and further the objectives, policies, lands 39 uses, and densities or intensities in the comprehensive plan and if it meets all other criteria 0 40 enumerated by the local government. 41 42 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 43 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be Ui 44 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 45 development of lands and waters within an area. It is the intent of this act that the adoption and a+ 46 enforcement by a governing body of regulations for the development of land or the adoption and N 47 enforcement by a governing body of a land development code for an area shall be based on, be related 48 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 49 50 51 52 53 BOCC SR Page 20 of 21 File No. 2019-099 Packet Pg. 2659 R.4.b I VI. PROCESS 2 3 Land Development Code Amendments may be proposed by the Board of County Commissioners, 4 the Planning Commission, the Director of Planning, private application, or the owner or other 5 person having a contractual interest in property to be affected by a proposed amendment. The 6 Director of Planning shall review and process applications as they are received and pass them onto 2 7 the Development Review Committee and the Planning Commission. 8 9 The Planning Commission shall hold at least one public hearing. The Planning Commission shall 6 10 review the application, the reports and recommendations of the Department of Planning & 9 11 Environmental Resources and the Development Review Committee and the testimony given at the 12 public hearing. The Planning Commission shall submit its recommendations and findings to the 13 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the 14 adoption of the proposed amendment, and considers the staff report, staff recommendation, 15 Planning Commission recommendation and the testimony given at the public hearing. The BOCC 16 may adopt the proposed amendment based on one or more of the factors established in LDC 2 17 Section 102-158(d)(7). 18 E 19 VII. STAFF RECOMMENDATION 20 21 Staff recommends approval of the proposed amendment. 22 W 23 VIII.EXHIBITS 24 1-- CL 25 1. February 15, 2017 Monroe County BOCC agenda item 26 2. Resolution 087-2017 and March 15, 2017 Monroe County BOCC agenda item 27 3. Ordinance 012-2017 and July 19, 2017 Monroe County BOCC agenda item 28 4. Ordinance 018-2018 and August 15, 2018 Monroe County BOCC agenda item i 29 5. Ordinance 027-2019 and July 17, 2019 Monroe County BOCC agenda item 30 6. Search results of the term "family" within the Monroe County Code of Ordinances, 31 Comprehensive Plan and Land Development Code 32 7. February 19, 1998 Monroe County BOCC agenda item for the MOU with DCA 33 U 0 cv BOCC SR Page 21 of 21 File No. 2019-099 Packet Pg. 2660 aw R.4.c 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 County Commission Meeting February 15, 2017 Agenda Item Number: L.7 Agenda Item Summary #2667 N BULK ITEM: No DEPARTMENT: BOCC District 3 c c TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430 10:00 A.M. .E AGENDA ITEM WORDING: Discussion and direction to staff to propose an Interim Development Ordinance to not process private applications for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits, with proposed occupancy by "three unrelated people" 0 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. 0 ITEM BACKGROUND: The requirement in Florida Statute, Administration Commission Rule and Comprehensive Plan is that hurricane evacuation clearance be within 24 hours. The policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development. a� There has been recent discussion regarding the use of a "lock-out" (an undefined term in the comprehensive plan or land development code but typically defined as a separate space with a �t bedroom/bathroom)within a dwelling unit. ca "Lock-outs" may create unintended consequences, not discussed or analyzed during the recently adopted comprehensive plan and land development code amendments, adopted in April 2016. LO Further edits may be needed to specifically address current definitions of Dwelling Unit, Household, Family, and Permanent Residential unit and the undefined term of"lock-out." U_ T_ History of Definitions: >� LU Prior to the adoption in April 2016 of the 2030 Comprehensive Plan and Land Development Code, a the 2010 Comprehensive Plan included: 2010 Comprehensive Plan and Land Development Code: Packet Pg. 2661 R.4.c The previous 2010 Comprehensive Plan did not include any definitions or any policies related to the use of "lock-outs" of dwelling units which could be utilized as separate guest unit or another potentially habitable structure without the requirement of a separate ROGO allocation. Instead, the code relied on the definition of dwelling unit and did not limit the occupancy by unrelated family members. � 2010 Land Development Code definitions Dwelling unit means one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities. The abbreviation "DU" means dwelling unit. 0 Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a 2 f residence for a full housekeeping unit which includes a kitchen composed of at least a refrigerator and stove.* E The Land Development Code did not include a definition for family. E t� 2030 Comprehensive Plan: W 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 Household means all the people who occupy a housing unit. A household includes the related family c 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 2 common living, cooking, and toilet facilities: a 1 An number of people related b blood marriage, adoption, guardianship, or duly authorized O y p p y � g � p � � p� y �t custodial relationship; (2)three unrelated people; 0 (3)two unrelated people and any children related to either of them. N LO "2030" Land Development Code: The newly adopted 2030 Code includes the following definitions: U_ Dwelling unit means one or more rooms physically arranged for occupancy by one residential household sharing common living, cooking, and toilet facilities. E Packet Pg. 2662 R.4.c 0 0 ,, 7 n unit' one or moreroomsphysically arranged for occupancy by one residential household sharing conunon living, cooking, and toilet facilities. 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 a� 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 c Ho uneholalmeam all the p e ople who c c cupTv a housing unit. A household includes the related family merrlbers and all the unrelated p e ople,if any, such as to dgers, fo ster children,wards, car employ e es who share the housing unit. A p erson living alone 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 E household. Family means a person living alone, or people living together as a single household and sharing 0 common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, domestic partnership or duly-authorized custodial relationship; (2) Three unrelated people; 0 (3) Two unrelated people and any children related to either of them. 0 F,imdv means a person hying alone. or people hying together as a single household and sharing common living,cooking,and toilet facilities: 1)Arrynumberofpeoplerelatedby blood.marriage..admtionguardianclnp domestic y partnership or duly-authorized Gusto dial relationship 'i?'t Threeumelat,edpeonle: (3) T-,°ounrelatedpe ople.and any childrenrelat,edt,o either ofthern U Permanent residential unit means a dwelling unit that is designed for, and capable of, serving as a residence for a household for non-transient occupancy, excluding hotel, motel, and recreational < vehicle. ca ?grrraownrrg wikmeansa dwelling unit that isdesuedfor:and capahle of.serving as � a residenc e for a household r r non-transient occuipancy,excludinghotel,motel,and recreational VehicIe., LO r * This definition is currently included in the Land Development Code but that term only appears once, in one Section 138-22(2)b.2.(i). w PREVIOUS RELEVANT BOCC ACTION: 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 transferred market-rate TRE's to be converted to, or replaced with, an equivalent amount of 99-year Packet Pg. 2663 R.4.c deed-restricted affordable housing, prior to a C.O. being issued for market-rate units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market-rate residential dwelling units, which may be used as vacation rentals, up to 5 new hotel rooms, a new restaurant with up to 150 seats, and other improvements related to the existing, partially-condominiumized marina and 0 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. 2014: Oceanside Investors entered into a purchase and sale agreement with Monroe County to purchase the Hickory House property located north of the Oceanside property. On February 3, 2015, Oceanside Investors closed on the Hickory House property. As a result, the Oceanside Marina 2 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 E allowed number of hotel rooms from 5 to 17, allowed the transfer of up to 12 vested rights associated with a previous approval related to Hawk's Cay and amended the conceptual site plan. March 18, 2015: BOCC approved a right-of-way abandonment of a segment of Peninsular Avenue located north of the Oceanside property (lying between Block 46 and Block 60). As a result, the Oceanside Marina property increased in size. 0. 0 June 10, 2015: Development Agreement approved by BOCC for the 2nd amendment to the development agreement, adding adjacent abandoned right-of-way, increased the total number of c transferred market rate residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. c CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: oceanside summary timeline and staff_2-1-17 (MinuteTraq printer) LO FINANCIAL IMPACT: Effective Date: >� LU Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg. 2664 R.4.c Budgeted: Source of Funds: CPI: Indirect Costs: c Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: 0 Additional Details: c REVIEWED BY: Bob Shillinger Completed 02/01/2017 2:54 PM E Kathy Peters Completed 02/01/2017 3:07 PM Board of County Commissioners Pending 02/15/2017 9:00 AM W 0 0. 0 0 0 cv LO LU Packet Pg. 2665 R.4.c Timeline of Approvals & Staff Summary of item approved Approved by Planning Director Tim McGarry 1996: Development Order 912-96, a minor conditional use on July 23, 1996 permit for part of the Oceanside property, 5970 Peninsular Avenue (real estate # 00127420-000100 only) allowed for the c construction of a 9,600 SF storage building and other associated accessory improvements. c Approved by Planning Commission on July 1997: PC Resolution # P52-97, an amendment to the major 10, 1997 conditional use permit for part of the Oceanside property, 5950 Peninsular Avenue (real estate # 00127420-000000 only) allowed for the construction of 22 attached, market rate m residential dwelling units; one boat storage building; an addition to an existing restaurant; and other associated accessory improvements. oe c Signed by County Mayor, Shirley Freeman, 1999: Development Agreement between the County, the on January 19, 2000 Florida Department of Community Affairs, Paradise Island E Park, Inc. and Key West Oceanside allowing the transfer of 22 market-rate TREs and TDRs from Paradise Island Park to the Oceanside property (recorded on April 7,2000). Following issuance of PC Resolution # P52-97, Oceanside Investors' predecessor in interest acquired 5970 Peninsular Avenue. Further, the 22 attached, market rate residential dwelling units were constructed. Signed by County Mayor McCoy on July 19, 2006: 380 Agreement between Overseas Redevelopment 0. 2006 Company, LLC, Department of Community Affairs and Monroe County allowing the redevelopment of Overseas 0 Trailer Park on Stock Island as a 49-unit workforce housing project and the offsite transfer of 32 market rate ROGO exemptions. c C 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 v) Aref Joulam is Planning Director property associated with a condominium development) U allowed for the demolition of several buildings and U 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 N attached dwelling units and linked the affordable housing LO Transmitted to DCA on 5/11/07, DCA did not project at Overseas Trailer Park to serve as the required 0 appeal the item, affordable housing for this project. U_ PC authorizes the vacation rental use of attached units. Resolution 402-2013 2013: Development Agreement approved for Oceanside Investors allowing the transfer (1:1) of 46 market-rate TREs Approved by BOCC on December 11, 2013 from three sender sites to the Oceanside property, with the (Mayor Sylvia Murphy—unanimous transferred market-rate TRE's to be converted to, or replaced approval) with, an equivalent amount of 99- ear deed-restricted Page 1 of 6 Packet Pg. 2666 R.4.c affordable housing,prior to a C.O.being issued for market-rate Staff report by Joe Haberman units at Oceanside. The agreement approved the addition of up to 78 [32+ 46] new, market-rate residential dwellin units, Townsley Schwab is Planning Director which may be used as vacation rentals, up to S a new restaurant with up to 150 seats, and other BOCC Agenda item summary staff contact: improvements related to the existing, partially- 0 Joe Haberman& Christine Hurley condominiumized marina and accessory development. PC recommended approval to BOCC via 9 Resolution P29-13, approved on November 15,2013—unanimous approval N m Transmitted to DPO (formerly DCA) on 1/3/14,DPO did not appeal.the item. oe c 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, 0) construct 78 new market rate residential dwelling units, -� Staff report by Joe Haberman construct construct a new restaurant and carry out associated site improvements. E Townsley Schwab is Planning Director U Transmitted to DPO (formerly DCA) on 5/1/14,DPO did not appeal the item. p Approved by Planning Director Townsley 2014: Development Order 904-14, a minor conditional use Schwab on November 19, 2014 permit allowing the transfer of 9.3 TDR's required to facilitate 0 the project approved for the Oceanside property. The 0 Staff report by Karl Bursa&Mike Roberts Development Order required the sender site(s) to be a) dedicated to the County or b) placed in a conservation c Transmitted to DPO (formerly DCA) on easement prohibiting its future development. 12/19/14,DPO did not appeal the item 0 Resolution 116-2014 2014: Resolution # 116-2014 approved for a right-of-way abandonment of a segment of Peninsular Avenue located Approved by BOCC on June 30,2014(Mayor north of the Oceanside property (lying between Block 46 and Sylvia Murphy—vote: three Yes, one No, and Block 60). As a result, the Oceanside property increased in v) one Abstained) size. U Staff report by Joe Haberman Townsley Schwab is Planning Director N LO BOCC Agenda item summary staff contact: Joe Haberman& Christine Hurley Memo from Susan Grimsley &Bob Shillinger (memo addresses termination of right of way F on water) E Does not get sent to DPO per MOU BOCC approved Commercial Purchase and 2014: Oceanside Investors entered into a purchase and sale Page 2 of 6 Packet Pg. 2667 R.4.c 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. 0 Resolution 373-2014 2014: Resolution # 373-2014, is amendment to the development agreement, adding aQcent ro erty and the Approved by BOCC on June 10,2015 (Mayor abandoned right-of-way, '` Danny Kolhage—unanimous approval) allowed the transfer of up to 12 vested rights associated with a previous approval related to N Staff report by Joe Haberman Hawk's Cay and amended the conceptual site plan. ; Townsley Schwab is Planning Director c BOCC Agenda item summary staff contact: Joe Haberman& Christine Hurley PC recommended approval to BOCC via Resolution P40-14, approved on November E 19,2014—unanimous approval(Lustberg U absent) Transmitted to DLO (formerly DCA) on p 1/7/15,DLO did not appeal the item. Approved by Planning Director Townsley 2014: Development Order 906-14, a minor conditional use 0 Schwab on December 12,2014 permit allowing the transfer of 24.1 TDRs required to facilitate 0 the project approved for the Oceanside property. The Staff report by Matt Coyle Development Order required the sender site(s) to be a) c dedicated to the County or b) placed in a conservation M Transmitted to DLO (formerly DCA) on easement prohibiting its future development. 1/12/15,DLO did not appeal the item c Resolution 115-2015 2015: Resolution # 115-2015 approved for a right-of-way abandonment of a segment of Peninsular Avenue located Approved by BOCC on March 18,2015 north of the Oceanside property (lying between Block 46 and v) (Mayor Danny Kolhage—vote:one No, four Block 60). As a result, the Oceanside Marina property Yes) increased in size. U Staff report by Joe Haberman Townsley Schwab is Planning Director ,LO (During BOCC meeting, Mayte Sautamaria appointed replacement Planning Director after Townsley's retirement—up to 6 mouth overlap- expected to retire April 2015 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. 2668 R.4.c Approved by Planning Commission on 2015: PC Resolution 9 P41-14, an amendment to the major November 19, 2014(unanimous approval- conditional use permit to add adjacent fro erty and the Lustberg absent) abandoned roadway, increase the and amend the approved site plan. Staff report by Joe Haberman 2 0 Townsley Schwab is Planning Director Transmitted to DLO (formerly DCA) on 4/24/15,DLO did not appeal the item. N Approved by Planning Director Ma to 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. Staff report by Matt Coyle&Joe Haberman Transmitted to DEO (formerly DCA) on ai 6/25/15,DEO did not appeal the item -� Resolution 158-2015 2015: Resolution No. 158-2015, 2,damendment to the development agreement, adding adjacent abandoned right-of- U Approved by BOCC on June 10,2015 (Mayor way, increased the total number of transferred market rate W Danny Kolhage—unanimous approval) residential units from 78 to 79 [32+ 47] and amended the conceptual site plan. c� Staff report by Matt Coyle Townsley Schwab is Planning Director(Dec 0 2014 Mayte Santamaria appointed 0 replacement Planning Director after 0. Towusley's retirement up to 6 mouth c overlap) 0 BOCC Agenda item summary staff contact: Matt Coyle & Christine Hurley 2 :N PC recommended approval to BOCC via Resolution P11-15, approved on April 29, v) 2015—unanimous approval(Werling absent) <C U Transmitted to DEO (formerly DCA) on 8/12/15, DEO did not appeal the item. �e Approved by Planning Director Mayte 2015: Development Order 905-15, a minor conditional use ,N Santamaria on June 25,2015 permit allowing the transfer of 45 ROGO market rate exemptions to the Oceanside Property. Staff report by Matt Coyle Transmitted to DEO (formerly DCA) on 7/27/15,DEO did not appeal the item E 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. 2669 R.4.c Staff report by Matt Coyle&Joe Haberman Transmitted to DEO (formerly DCA) on 12/10/15,DEO did not appeal the item c Approved by Planning Director Mayte 2015: Development Order 909-15, a minor conditional use 0 Santamaria on October 22,2015 permit allowing the transfer of 0.4 TDR's to the Oceanside property. The Development Order required the sender site(s) to �+ Staff report by Matt Coyle &Mike Roberts be a) dedicated to the County or b) placed in a conservation easement prohibiting its future development. Transmitted to DEO (formerly DCA) on N 12/10/15,DEO did not appeal the item Approved by Planning Director Mayte 2015: Development Order 908-15, a minor conditional use 0e Santamaria on October 22,2015 permit allowing the transfer of 1 TDR to the Oceanside property. The Development Order required the sender site(s) to Staff report by Matt Coyle &Mike Roberts be a) dedicated to the County or b) placed in a conservation a) easement prohibiting its future development. -� Transmitted to DEO (formerly DCA) on 12/10/15,DEO did not appeal the item E U Approved by Planning Director Mayte 2015: minor deviation approved to the major conditional use Santamaria on December 10,2015 permit in order to allow the construction of one additional 0 market rate residential dwelling unit. Staff report by Matt Coyle Does not get sent to DEO per MOU 0 0 Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use c Santamaria on February 1, 2016 permit in order to revise the approved site plan by removing the resort swimming pool on the northernmost parcel (RE # Staff report by Matt Coyle 00126210-000000), relocation of the watersports, fitness and 0 restroom building and the reconfiguration of the off-street Does not get sent to DEO per MOU parking for the site. Approved by Planning Director Mayte 2016: minor deviation approved to the major conditional use Santamaria on August 1,2016 permit in order to revise the approved site plan by removing of v) the gatehouse building and the repositioning of the proposed Staff report by Devin Rains dockmaster building, the reconfiguration of the off-street parking (parking maintained at 346 spaces), sidewalks, add 0 Does not get sent to DEO per MOU arbors, add the provision for bait and ice vending and I-. expansion of the fish cleaning station, and other changes to open s ace for the site (File#2016-103). to Approved by Planning Commission on 2016: 6COP S (Special Motel/Hotel) Alcoholic Beverage Use - December 15, 2016 Permit approval, which would allow beer, wine and liquor in connection with operation of hotel, motel, motor court or Staff report by Kevin Bond condominium; sale by the drink for consumption on premises and package sales in sealed containers Mayte Santamaria is Planning Director Does not get sent to DEO per MOU < Page 5 of 6 Packet Pg. 2670 R.4.c Approved by Planning Director Mayte 2016: Exemption to a Special Vacation Rental Permit Santamaria on December 23,2016 approval, exemption only applies to the 79 market-rate residential dwelling units, configured into "lockouts" Staff report by Kevin Bond consisting of no more than one bedroom and one bathroom, which may be used as vacation rentals pursuant to the 2 Does not get sent to DEC)per MOLD approved Development Agreement (the original agreement 0 approved on December 11, 2013 via BOCC Resolution No. 402-2013; the first amendment to the agreement approved on December 10, 2014 via BOCC Resolution No. 373-2014; and the second amendment to the agreement approved on June 10 2015 via BOCC Resolution No. 158-2015). N m 0 c 0 0. 0 0 0 r. cv LO Page 6 of 6 Packet Pg. 2671 cv m 0 MONROE COUNTY, FLORIDA c 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 PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE W APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK-OUT," COMMENCING > MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 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 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 0 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 discussion of the undefined term of"lock-out;" and Page 1 of 3 Packet Pg. 2672 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 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; W 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 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 ca (including 380 development agreements), and minor and major conditional use permits CD (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 LU Page 2 of 3 Packet Pg. 2673 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. Mayor George Neugent Yes W Mayor Pro Tem David Rice Yes oe Commissioner Danny L. Kolhage Yes .01 Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes E BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 4s / 0 BY Imo. j2. Mayor George Neugent c � F A t s .Z-;UNtr 'h 0 ATT VIN MADOK, CLERK m c DEPUTY CLERK MONROE COUNTY TTORNEY OVED AS 0RNt: 'TEVE T. WILLIAMS ASSISTAN,Tj�04r ATTORNEY CD Date 7�'' yy,//I c4 LO r. cv r. N Ul � U Page 3 of 3 Packet Pg. 2674 aw BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor George Neugent,District 2 Mayor Pro Tem David Rice,District 4 , The Florida Keys � i ( Danny L.Kolhage,District 1 Heather Carruthers,District 3 N Sylvia J.Murphy,District 5 County Commission Meeting oe March 15, 2017 Agenda Item Number: H.7 Agenda Item Summary #2727 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources W 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 comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications 0 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 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 �.. 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 L1° (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. 2675 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 a 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. The resolution would take effect immediately upon adoption. -� PREVIOUS RELEVANT BOCC ACTION: On February 15, 2017, the BOCC discussed and provided direction to staff to propose an Interim Development Ordinance to not process comprehensive plan or land development code amendments, 0 development agreements (including 380 development agreements), and minor and major conditional a, 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: Expiration Date: Total Dollar Value of Contract: r`B Total Cost to County: N Current Year Portion: co Budgeted: Source of Funds: CPI: 0 Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: LU Revenue Producing: If yes, amount: Grant: County Match: Packet Pg. 2676 Insurance Required: a� W Additional Details: 0 c REVIEWED BY: Mayte Santamaria Completed 02/28/2017 9:20 AM -� Assistant County Administrator Christine Hurley Completed a 02/28/2017 9:38 AM Steve Williams Completed 02/28/2017 2:55 PM Jaclyn Carnago Completed 02/28/2017 3:01 PM Budget and Finance Skipped 02/27/2017 2:34 PM 0 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. 2677 R.4.d cv MONROE COUNTY, FLORIDA RESOLUTION NO. -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY ca PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO PROCESS AN ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE W 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 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 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. 2678 R.4.d 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 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 0 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 Ch 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 T_ 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 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. 2679 R.4.d PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, CD Florida, at a regular meeting held on the 15t'day of March 2017. Mayor George Neugent 0 Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor George Neugent 0 (SEAL) c 0 Ch ATTEST: KEVIN MADOK, CLERK 0 DEPUTY CLERK MONROE COUNTY ATTORNEY AP E +t8 TO F $1 FVE T. WI,UAIMAS ASSISTANT U'' fl( TT RNEY Date ca r. cv a3 r. cv r. c 0 cv Page 3 of 3 Packet Pg. 2680 '.. -. MONROE COUNTY, FLORIDA ORDINANCE 012 -2017 cv AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED FOR COMPREHENSIVE PLAN OR LAND DEVELOPMENT CODE AMENDMENTS, DEVELOPMENT AGREEMENTS (INCLUDING 380 DEVELOPMENT AGREEMENTS), AND MINOR AND MAJOR CONDITIONAL USE PERMITS (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN RELATED TO EITHER OF THEM" OF A W DWELLING UNIT, AND APPLICATIONS UTILIZING THE TERM "LOCK- OUT," COMMENCING MARCH 15, 2017, UNTIL THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING 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 c CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE ca SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. N WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 087- 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development N. 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. 2681 R.4.e 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 discussion of the undefined term of"lock-out;" and cv m 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 0 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 W WHEREAS, staff has been directed to process an interim development 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 12 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;" o 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; N 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 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. 2682 R.4 e Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or , 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 this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning l Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land development regulation" as State law defines that term. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if ca 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. c Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny L. Kolhage Yes Cz Go vCommissioner Heather Carruthers Yes cij Commissioner Sylvia Murphy Yes � 2 tJ oU �'� BOARD OF COUNTY COMMISSIONERS o �a OF MONROE COUNTY, FLORIDA N Lk Mayor George Neugent ) MON OE COUNTY A RNEY TEST KIN MADOK, CLERK A V qTQ W. � Z� �� 57VIF.Ii. T. 1P ii 4}tS ASS18'1^NT CO NTY ATTORNEY DEPUTY CLERK Date G1Z-7/17 2017-053 Page 3 of 3 Packet Pg. 2683 aw R.4.e BOARD OF COUNTY COMIVIISSIONERS County of Monroe AMayor George Neugent,District 2 Mayor Pro Tem David Rice,District 4 The Florida Keys �� Danny L.Kolhage,District 1 Heather Carruthers,District 3 2 Sylvia J.Murphy,District 5 0 County Commission Meeting July 19, 2017 Agenda Item Number: 0.6 Agenda Item Summary #3144 W 0 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria(305) 289-2500 3:00 PM E AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County W 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 a� 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 0 dwelling unit; providing for expiration within 365 days of the effective date of an interim v) e( 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. cv ITEM BACKGROUND: On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 Comprehensive N Plan. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 4 2016. On May 6, 2016, DEO determined the comprehensive plan amendment transmittal was complete and issued a notice of intent to find the amendment"in compliance" on June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the posting of the Notice of Intent on the DEO Website on June 20, 2016. 0 r9 Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final Packet Pg. 2684 R.4.e Order would have become effective 21 days after publication in the Florida Administrative Register o 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. 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." o The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in E 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 E children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and 0 any children related to either of them" of a dwelling unit, and applications utilizing the term "lock- U) out." PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners on February 15, 2017, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. The Board of County Commissioners adopted Resolution 087-2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development agreements), and minor and major conditional use permits (excluding applications proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit, and applications utilizing the term "lock-out." CONTRACT/AGREEMENT CHANGES: n/a Packet Pg. 2685 R.4.e STAFF RECOMMENDATION: Approval 0 DOCUMENTATION: dwelling unit- IDO - ORDINANCE dwelling unit-IDO staff report BOCC Definitions IDO BOCC Agenda Item- IDO 3-15-17 C44 Resolution 087-2017_dwelling units FINANCIAL IMPACT: 0 Effective Date: Expiration Date: E 0 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: W Budgeted: Source of Funds: 0 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: 0 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 c, 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 LU Packet Pg. 2686 t � 12 -i Ivi , ..�. f 0 MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT cv To: Monroe County Planning Commission From: Mayte Santamaria, Senior Director of Planning & Environmental Resources oe 0 Date: June 26, 2017 F.. 0 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW APPLICATIONS OR a 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 0 (EXCLUDING APPLICATIONS PROPOSING ONLY AFFORDABLE HOUSING DWELLING UNITS), WITH PROPOSED OCCUPANCY BY "THREE UNRELATED PEOPLE" OR "TWO UNRELATED PEOPLE AND ANY CHILDREN 2 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 0 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 0 DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. Meeting: July 19, 2017 cv I. REQUEST T_ 0 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 0 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. 2687 R.4.e II. BACKGROUND INFORMATION On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan 2 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive 0 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. o Ordinance 006-2016 was the adoption ordinance for the Monroe County Land Development Code. This ordinance was transmitted to the Department of Economic Opportunity (DEO) on May 24, 2016. On July 26, 2016, DEO published Final Order DEO-16-130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006-2016). The Final 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, 0 challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance a, 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. The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land c Development Code included definitions which were amended with the adoption of the new code in et April 2016. Neither document includes a definition of"lock-out." 0 ca The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing occupancy by "three unrelated people" or "two unrelated people and any children related to either of them" of a dwelling unit or utilizing the term "lock-out," due to pending legislation. The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new applications or received application that have not been fully approved, commencing March 15, 2017, for comprehensive plan or land development code amendments, development agreements (including 380 development r_ agreements), and minor and major conditional use permits (excluding applications proposing only affordable housingdwelling units); with proposed occupancy b "three unrelated people" or "two g )� p p p y y p p 0 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. �t 2of3 File 42017-053 Packet Pg. 2688 R.4.e III. STAFF RECOMMENDATION Staff recommends approval of the proposed interim development ordinance. 2 0 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 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. 0 IV. EXHIBITS 1. BOCC Agenda item a c 0 N N N T- U 3of3 File 42017-053 Packet Pg. 2689 cv W 2 3 MONROE COUNTY,FLORIDA m 4 ORDINANCE NO. 018 -2018 5 6 `✓ 7 AN ORDINANCE .BY THE MONROE COUNTY BOARD OF COUNTY N 8 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE 9 AS INITIALLY ESTABLISHED ON JULY 19,2017 THROUGH ORDINANCE 012- x 10 2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF NEW 11 APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN 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 LANDca 22 DEVELOPMENT CODE REGARDING THE DEFINITIONS OF DWELLING CD 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 THE'EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE 26 OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE 27 AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; co 28 PROVIDING TOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO T_ 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 e File 2018-090 Page 1 of 4 Packet Pg. 2690 R.4.f I agreements), and minor and major conditional use permits (excluding applications proposing only N 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 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 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 191h N 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 m 18 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 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 c 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 co 32 comprehensive plan and land development code and the adoption of any new amendment(s) [new T_ 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 CD CD 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 03 42 proposing only affordable housing dwelling units); with proposed occupancy by "three unrelated File 2018-090 Page 2 of 4 Packet Pg. 2691 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 N 13 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P20-18 X 14 recommending approval of the proposed interim development ordinance; and 15o 16 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 17 of Monroe County. 18 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 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 development coV 34 ordinance or when the comprehensive plan and land development code amendments become effective, CD CD 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. 2692 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 W 3 jurisdiction, such holding shall not be construed to render the remaining provisions of this ordinance 4 invalid or unconstitutional. c 5 6 SECTION 5: TRANSMITTAL. This ordinance shall be transmitted to the Florida State Land 7 Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 8 M 9 SECTION 6: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon 10 filing with the Florida Department of State. W 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 15th day of .t : August , 2018. x 14 15 16 Mayor David Rice, District 4 Yes 17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes ' 18 Danny L. Kolhage, District 1 Yes 3 19 George Neu gent, District 2 Yes g g s- 20 Heather Carruthers, District 3 Yes C)m rrt 21C! 22 c�>' c 23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIOD S 24 OF MONROE COUNTY, FLORIDA 25 � � �<� cr 26 Cl�x By co co 2 � Mayor Dav ice 2 LO N Sao Jzb MONRO1 OOUNTY ATTQ1 PEY APIP ® d, , ASSlNS,lAu i CO N N A ORNEY Onto_— 73d/( co - CD File 2018-090 Page 4 of 4 Packet Pg. 2693 R.4.f J �� BOARD OF COUNTY COMMISSIONERS County of Monroe r�l Mayor David Rice,District 4 Mayor Pro Tem Sylvia J.Murphy,District 5 The Florida Keys V "d�'�q] Danny L.Kolhage,District I \ George Neugent,District 2 N Heather Carruthers,District 3 County Commission Meeting oe August 15, 2018 Agenda Item Number: R.4 Agenda Item Summary #4251 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources W 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; 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. t� ITEM BACKGROUND: ca co The Monroe County Board of County Commissioners adopted Resolution 087-2017, at a regular T_ 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 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 x utilizing the term "lock-out". However, due to the impacts of Hurricane Irma and the prioritization a� Packet Pg. 2694 of hurricane impact related building permits and development orders, an extension to the interim development order is appropriate. At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the oe proposed interim development Ordinance and recommended approval through Resolution P20-18. PREVIOUS RELEVANT BOCC ACTION: The BOCC on February 15, 2017, directed staff to impose a temporary moratorium upon certain E 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. 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 development ®i 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. 0 CONTRACT/AGREEMENT CHANGES: _ 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. 2695 CPI: N Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: 0 Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: a� Additional Details: 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. 2696 f R.4.f ft. w. 0) MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental Resources 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 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 v) e( 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 UTILIZING THE TERM"LOCK-OUT," COMMENCING OCTOBER 27, 2018, UNTIL CD THE BOCC CAN REVIEW AND POSSIBLY AMEND THE COMPREHENSIVE PLAN LO 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 co AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING CD 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. 2697 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." oe c On July 19, 2017, the BOCC adopted interim development Ordinance 012-2017. Staff is seeking an extension to the IDO. E II. BACKGROUND INFORMATION 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 r_ Plan. Ordinance 005-2016 was the adoption ordinance for the Monroe County Year 2030 0) 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, 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 U) 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 °° co DEO Final Order. On November 22,2016,the BOCC adopted an ordinance amending Section 130- T_ 165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated LO 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 co April 2016. Neither document includes a definition of"lock-out." T_ co 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. 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 impose a temporary moratorium deferring the approval of new applications or received application E File No. 2018-090 Page 2 of 3 Packet Pg. 2698 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." oe c 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. E 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 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 At a regular meeting held on July 25, 2018,the Monroe County Planning Commission reviewed the u 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. 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 v, ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process. �t Staff is working on BOCC directed amendments related to the development of dwelling units co T_ 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 development order is appropriate. IV. EXHIBITS 1. Ordinance 012-2017 2. Planning Commission Resolution P20-18 File No. 2018-090 Page 3 of 3 Packet Pg. 2699 cv m 1 2 3 0 4 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO.027--2019 9 10 W 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 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 o 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 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 0 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 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. 2700 cv 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 3 unrelated people and any children related to either of them" of a dwelling unit, and applications 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 8 upon certain development applications proposing occupancy by"three unrelated people"or"two unrelated 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 N 12 WHEREAS,the Board of County Commissioners of Monroe County,at a regular meeting on 19`h X 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 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 ca 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 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 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 LU 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(s) [new Ord. 027 -2019 Page 2 of 4 File 2019-081 Packet Pg. 2701 cv I 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 oe 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, 8 for comprehensive plan or land development code amendments, development agreements (including U 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 °3 18 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 26 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens CD 27 of Monroe County. C44 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS75 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. 2702 cv I 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, oe 3 whichever comes first. 4 SECTION 3. TERM. The moratorium imposed by this Ordinance is temporary and, unless E 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 7 Ordinance extend beyond 365 days from the effective date of this ordinance. 8 9 SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or N 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 i 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: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon 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. c� 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 RiceCM 28 -J am r= r-' L 29 BOARD OF CO TY COMMISSION 30 E OF MONROE UN ORID r*..% -n 31 32 t�� BY -- ' _ rrn 33 ,. MAY R S &VIA MURPHY o 34 CP C 35 � 36 A T: I VIN MA OK, CLERK NONROE Cotlltlyr 3 Z Mir LO 37 - AP AS . 38 DEPUTY CLERK F I � Ord. 027_-20 l9 Page 4 of 4 File 2019-081 Packet Pg. 2703 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ,f r�l Mayor Sylvia Murphy,District 5 The Florida Keys � ��1t � - Mayor Pro Tem Danny Kolhage,District I „ {q] � Michelle Coldiron,District 2 � 'a� Heather Carruthers,District 3 � ar David Rice,District 4 N County Commission Meeting July 17, 2019 Agenda Item Number: P.5 Agenda Item Summary #5721 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources W TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 1:30 P.M. PUBLIC HEARING x AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the 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 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. v) e( 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. Packet Pg. 2704 PREVIOUS RELEVANT BOCC ACTION: 44 At a regular meeting on July 19, 2017, in Marathon, the BOCC adopted interim development Ordinance 012-2017 implementing the moratorium described above. On August 18, 2018, the BOCC adopted interim development Ordinance 018-2018, extending the moratorium described above. E Interim Development Ordinance 018-2018 is due to expire on October 27, 2019, if the relevant a Comprehensive Plan and Land Development Code amendments are not adopted and effective before that date. 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 2019-081 Ordinance DRAFT FINANCIAL IMPACT: c 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: LO Additional Details: Packet Pg. 2705 REVIEWED BY: Cheryl Cioffari Completed 06/23/2019 3:57 PM a Steve Williams Completed 06/24/2019 1:43 PM 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 a Board of County Commissioners Pending 07/17/2019 9:00 AM cv i c 0 cv cv r cv LO U Packet Pg. 2706 fa. 2 ++�zv7 jai �aiu l 4 ; N 5 m 6 MEMORANDUM 7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 8 9 10 11 12 To: Monroe County Board of County Commissioners 13 14 From: Cheryl Cioffari, AICP, Acting Senior Director of Planning & Environmental Resources t� 15 W 16 Date: June 21, 2019 17 18 Subject: An ordinance by the Monroe County Board of County Commissioners extending an interim 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 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 W 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 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; D) 30 providing for expiration within 365 days of the effective date of this Interim Development U 31 Ordinance or when the Comprehensive Plan and Land Development Code amendments 32 become effective, whichever comes first(File 2019-081) 33 cv 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 43 agreements), and minor and major conditional use permits (excluding applications proposing 44 only affordable housing dwelling units); with proposed occupancy by "three unrelated people" or 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." u.o 47 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. 2707 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 3 an extension to the IDO. N 4 5 IL BACKGROUND INFORMATION 6 7 On April 13, 2016, at a special public meeting, the BOCC adopted the 2030 Comprehensive Plan o 8 and Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive 9 Plan. 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 14 transmittal was complete and issued a notice of intent to find the amendment "in compliance" on 15 June 20, 2016. The Monroe County Year 2030 Comprehensive Plan became effective upon the o 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 0 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- M 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 c 28 County's updated land development code became effective on February 3, 2017. �t 29 30 The previous 2010 Comprehensive Plan did not include any definitions. The 2010 Land 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." 33 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 n 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. CD 39 N 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 W 48 utilizing the term "lock-out." SR BOCC 07.17.19 Page 2 of 4 < File 4 2019-081 Packet Pg. 2708 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 3 of hurricane impact related building permits and development orders, an extension to the interim 4 development order is appropriate. a� 5 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 8 in Marathon to provide for public input. There were no members of the public in attendance. o 9 10 Development Review Committee and Public Input -� 11 The Development Review Committee considered the proposed amendment at a regular meeting on 12 May 28, 2019 and received public input. 13 14 Planning Commission and Public Input W 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 w 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 27 that date. 0 28 v) 29 III. STAFF RECOMMENDATION 30 ca 31 Staff recommends approval of the proposed extension to the interim development ordinance. 32 cv 33 The interim development ordinance provides a period of time between the current adopted N- 34 comprehensive plan and land development code and the adoption of any new amendment(s) [new 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 cv 39 Staff is working on BOCC directed amendments related to the development of dwelling units N- 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 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. 2709 1 3. Draft Ordinance N O O O U O O O O O tJ J O O O O X O O N I O O O O O O tJ tJ r N h r O r N h N O O O LO O O u SR BOCC 07.17.19 Page 4 of 4 < File 4 2019-081 Packet Pg. 2710 R.4.hi Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code unicode 55 results Seca 1 14-15. - Accommodation for Mass `rra.nsit. I. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL o Nonresidential and multi-family uses generating over two thousand(2,000)trips per day shall be developed to encourage mass 'a 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 0 le areas of low-to medium-density residential uses characterized principally by single-family detached dwellings.This district is U predominated by development; however,natural Seca 1 14-14a - Recycling and Solid waste Collection Areas. 1. Land Development Code E 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL C1 Any nonresidential,mixed use or multi-family residential development shall make adequate provision for a recycling collection area in accordance with the following standards: U_ Seca 1 -1 Oa - Big fine Key Area. of Critical. County Concerns 1. Land Development Code 2. Chapter 106-AREAS OF CRITICAL COUNTY CONCERN , 0 N carried out in the Big Pine Key area of critical county concern except for single-family detached dwellings on lots in the improved subdivision district or on lots having Seca 1 14-1 9. - Nonconforming i..,andsca. in . 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE IV.-LANDSCAPING All lawfully existing multi-family (3 or more units) and nonresidential development that is nonconforming to the landscaping standards of this article shall be brought into 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. 2711 R.4.hi 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 rograrns. 1. Land Development Code 2. Chapter 139-AFFORDABLE AND EMPLOYEE HOUSING transferred on a 1 for 1 basis where the ROGO exemptions are to be transferred to single-family residential lots or parcels o within the same ROGO planning subarea. However,where 0 Seca 1 -1 Sa - Affordable and Employee Housing Fair Share Impact ee `must Fund. 1. Land Development Code 2. Chapter 126-IMPACT FEES N Parks and Recreation Districts, except for accessory uses,home occupations and single-family,mobile home, and duplex ;W dwellings. 0 Seca 131- . - Maximum Height. 1. Land Development Code 2. Chapter 131-BULK REGULATIONS -� For NEW single family (detached dwelling unit)and multi-family (attached dwelling unit)buildings which are voluntarily elevated Seca 1 -1 a - Variances Granted by the Planning Commission. 1. Land Development Code 2. Chapter 102-ADMINISTRATION U- 3. ARTICLE VI.-APPEALS AND VARIANCES E 4. DIVISION 1.-GENERALLY not based on disabilities,handicaps or health of the applicant or members of his family; (7) Seca 1 -41. - Access driveways. 1. Code of Ordinances 2. Chapter 19-ROADS AND BRIDGES 3. ARTICLE II.-PUBLIC RIGHT-OF-WAY USE PERMIT A request to install a single-family residential driveway access shall be submitted indicating the street address,lot Seca 1 14- . - Installation Of Utilities and Driveways. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL All driveways for nonresidential or multi-family development shall be composed of compacted fill or concrete not less than four inches Seca 1 14-45. - Energy Conservation Standards. 1. Land Development Code Page 2 of 11 Packet Pg. 2712 R.4.hi 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 2 3. 3.1 -FUTURE LAND USE 0 4. GOAL 101 concurrent with the impacts of such development. Existing development, except single family residential built prior to 0 November 16, 1992 shall,to the greatest extent possible Seca 1 14- a - Adequate Facilities and Review Procedures. 1. Land Development Code 0 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL 0 The development of one single family residence on a single parcel shall be considered de minimis and shall not be considered E Seca -1 9. - Duties Of the COurity attorney. 1. Code of Ordinances 2. Chapter 2-ADMINISTRATION 3. ARTICLE III.-OFFICERS AND EMPLOYEES 4. DIVISION 5.-COUNTY ATTORNEY 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. 0 1. Code of Ordinances N 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE III.-CONSTRUCTION INDUSTRY 4. DIVISION 1.-GENERALLY supervision themselves,when building or improving farnn outbuildings or one-family or two-family residences on such property WU for the occupancy or use of such owners to Seca 1 -5. - Variances t0 the Floodplain Mariagernerit Requirements. 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT The physical disabilities or handicaps and health of the applicant or members of his family; b. Objective 301.2 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.3-TRAFFIC CIRCULATION 4. GOAL 301 Page 3 of 11 Packet Pg. 2713 R.4.hi Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code the proportionate share of the impact is mitigated.The development of one single family residential unit,on a single parcel, shall be considered de minimis and shall Seca 14- . - Unlawful practices. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY 2 :N 0 national origin,ancestry,sexual orientation,gender identity or expression, familial status or age; Seca 1 14-Sa - Surface Water Management Criteria.. 1. Land Development Code N 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 to observe best management practices (BMP's) as 2 Seca 14-4 2. - Seale—Credit. E 1. Code of Ordinances E 2. Chapter 14-HUMAN RELATIONS M 3. ARTICLE II.-DISCRIMINATION U disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age. (Code 1979, § 13- >- 103(f); Seca 14- 4. - Declaration Of policy. E 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY 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. y 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION F 3. ARTICLE II.-BUILDING CODE 4. DIVISION 3.-PERMITS,INSPECTIONS AND CERTIFICATES OF OCCUPANCY 5. Subdivision II.-Permits Exterior and interior painting of single- and two-family residential buildings. Seca 14-43a - Seale—Public accommodations. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION Page 4 of 11 Packet Pg. 2714 R.4.hi Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age.The prohibition contained in this section,shall not apply to any Objective 101.7 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1 -FUTURE LAND USE 4. GOAL 101 2 0 buildable immediately prior to the effective date of the Plan,no less than a single-family residence. A Objective 101.9 1. Comprehensive Plan N 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1 -FUTURE LAND USE 4. GOAL 101 0 County Code. Substantial improvement or reconstruction of nonconfon-ning single-family homes shall comply with the setback c provisions of the Monroe County Land Development m Objective 101.1 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1 -FUTURE LAND USE 4. GOAL 101 costs for the necessary transportation facilities.The development of a single family residential unit shall be considered de minimis and shall not be subject to this U- E Seca 1 - . - Floodplairl Certificate Of Compliance rograr . 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT 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 . - Eligible properties/prograrn requirements. y 1. Code of Ordinances 2. Chapter 12-ENVIRONMENT AND NATURAL RESOURCE PROTECTION F 3. ARTICLE VII.-PROPERTY ASSESSED CLEAN ENERGY(PACE)PROGRAM description)started during the reporting period,separated by building type (e.g.,single family,multifamily,retail,office, industrial,etc.); Seca 14-41. - Prohibited conduct-Ernployrnerit. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION Page 5 of 11 Packet Pg. 2715 R.4.hi Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code disability,national origin, ancestry,sexual orientation,gender identity or expression, familial status or age.No employment agency shall directly or indirectly discriminate against Seca - 3. - Definitions. 1. Code of Ordinances 2. Chapter 6-BUILDINGS AND CONSTRUCTION 3. ARTICLE II.-BUILDING CODE 4. DIVISION 1.-GENERALLY 2 :N 0 any building,structure,improvement or accessory thereto,other than a one-or two-family dwelling. Cumulative construction M cost Seca 1 -1 a - Variances and Waivers Granted by the Plarining Director. N 1. Land Development Code 2. Chapter 102-ADMINISTRATION `= 3. ARTICLE VI.-APPEALS AND VARIANCES 4. DIVISION 1.-GENERALLY not based on disabilities,handicaps or health of the applicant or members of his family; (7) m Seca 1 -5 a - Nonconforming Structures. 1. Land Development Code 2. Chapter 102-ADMINISTRATION 3. ARTICLE III.-NONCONFORMITIES Substantial improvement or reconstruction of nonconforming single-family residences shall comply with all applicable setback provisions of this Land Development e( Seca 1 14-1 Sa - Fences. E 1. Land Development Code F 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE I.-IN GENERAL N For any parcel of land developed with a single-family residential residence and on a local road, a fence located within a clear a) sight Seca 1-4 . - Definitions. y 1. Code of Ordinances 2. Chapter 21 -SOLID WASTE F 3. ARTICLE III.-COLLECTION,DISPOSAL AND ASSESSMENT OF COSTS 4. DIVISION 1.-GENERALLY one or more units in which each unit is designed for residential occupancy by one family only and that is owned pursuant to the provisions of F.S. ch.718. Seca 14- Sa - Definitions. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY Page 6 of 11 Packet Pg. 2716 R.4.hi 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. 0 Seca 1 14- . - `rra.ff c Study. 1. Land Development Code 2. Chapter 114-DEVELOPMENT STANDARDS 3. ARTICLE VII.-ACCESS STANDARDS N Traffic studies shall not be required for applications for a single family residence. 0 Objective 212.4 c 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.2-CONSERVATION AND COASTAL MANAGEMENT 4. GOAL 212 E Except as provided herein,siting of single family docks,boat ramps, and boat slips on manmade water bodies shall require minus four Seca 14-4 . - Definitions. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE II.-DISCRIMINATION thereof.Familial status means the status of living alone or in any familial relationship whatsoever,including,but not N **Sec. 1 1®1n ® Definitions. y 1. Land Development Code 2 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: m (1)Any number ofpeople related by blood, marriage, adoption, guardianship, domestic partnership or duly- authorized custodial relationship; (2) Three unrelated people; (3) Two unrelated people and any children related to either of them. Habitable floor area means any floor area for occupancy and equipped for uses including, but not limited to, kitchen, dining, living, family or recreation room, laundry, bedroom, bathroom ,office, workshop, professional studio or commercial occupancy. Habitable space means any structure equipped for human habitation such as, but not limited to, office, workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial Page 7 of 11 Packet Pg. 2717 R.4.hi Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code occupancy including all interior hallways ,corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable structures. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as dodgers,foster children, wards, or employees who share the housing unit. A person diving alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Seca 14- 9. - Exemption for housing for O➢deli persons. 1. Code of Ordinances 2. Chapter 14-HUMAN RELATIONS 3. ARTICLE III.-HOUSING DISCRIMINATION 4. DIVISION 1.-GENERALLY cv Any provision of this article regarding familial status does not apply with respect to housing for older persons. 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 affordable housing unit,pursuant to Sections 101-1 and 139-1,is developed on a Tier III property(single-family residential lots or parcels)and the dwelling unit on the sender site is demolished U E 0 LU Page 8 of 11 Packet Pg. 2718 R.4.hi 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. 1. When establishing a enta,I and sales amount,the County shal,ryassume family size as indicated in the tablebelow.This section shalt not be user!to establish the maximum number of individcials who actually live in the writ.This table shall be used in conjunction with the � eligibil ry requirements crewed by Sett rii 1:11 1.;: Size of Unit Assumed Family Sire Minimum occupancy N Efflci-ency(no separate bedroom) 1 1 0) W one bedroom 2 1 U Two IDedroom 3 2 Three bedroom 4 3 Four or more bedroom, 3 1 per bedroom J s Nonresidential Inclusionary Proposed Amendment: i. When establishig a rental and sales amount, the e.ounty shall base the at-aount upon th re"11 t1led'an 'ncom ublisl'ed for th C 1_atit T on ain annual bam's b-v tfi,y �,_ . �. trine Emcnrn f�uiled f',1-Y if-u ;_'�`ltm l size, and � � the IrIcatue 111i t; of the ILLT.B.tt. section shall not be used to establish the a: urn number of mdll--iduarls -t ho actually lire: in the it- is table shall be used in the of th y ftba"`Tf'tb1.1m rental TateS, 11_T`it:I C L11"Ild'V1T C, 'IC 1t1L:F, t�:fbl OI tlk�t�� 'v the lai—m ng � a Tkf ,ffT 'Lt a_>ty;L1't tip!.i e' c� Mtn .T�� s 3 �K_�1 =g �Iv��- _ 1�r�T �h:� 1 f _ �� _ ._v`� 2! t8 Size of Unit Assumed Household . . Size Efficiency no separate bedroorn 1 4- One bedroom Two bedroom 3 21 Three bedroom 4 Four or more bedroom 5 Page 9 of 11 Packet Pg. 2719 R.4.hi 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 o U.S. 1 most directly impacted by the development 0 Objective 101.5 1. Comprehensive Plan 2. 3.0-GOALS,OBJECTIVES AND POLICIES 3. 3.1 -FUTURE LAND USE N 4. GOAL 101 High(RH)future land use category is to provide for high-density single-family,multi-family, and institutional residential 0 development,including mobile homes and manufactured **GLOSSARY 1. Comprehensive Plan the date the use became nonconfon-ning.F Family means a person living alone,or people living together as a single household and sharing F �- Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1)Any number ofpeople related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship; (2) three unrelated people; (3) two unrelated people and any children related to either of them. 0 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 :5 occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable structures. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers,foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also u'�.o counted as a household m 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 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. 2720 R.4.hi Exhibit 6 Search results of the term"family"within the Monroe County Code of Ordinances,Comprehensive Plan and Land Development Code 4. DIVISION 1.-GENERALLY the term residential refers to systems installed in connection with one-family,two-family,or three-family residences not exceeding two stories in height.The following minor Seca 14 -4. - Signs Requiring a. Permit and Specific c Standards. 1. Land Development Code 2. Chapter 142-SIGNS 0 Multiple-family structures,nonresidential buildings and vacant land shall be allowed one non-illuminated Seca 1 14- a - Required Off-Street Parking. 1. Land Development Code N 2. Chapter 114-DEVELOPMENT STANDARDS ; 3. ARTICLE III.-PARKING AND LOADING F 0 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 E 3. 3.1 -FUTURE LAND USE 4. GOAL 107 with SS zoning. Single family residences shall be limited to the existing(including any replacement thereof)and no more than four(4) additional single family residences. e( Seca 122-3. - Permit Requirements. E 1. Land Development Code 2. Chapter 122-FLOODPLAIN MANAGEMENT 0 certifications as state certified residential appraisers for appraising one to four family residential properties and state certified general appraisers for all other properties Seca 11 -1 a - Shoreline Setback. 1. Land Development Code 2. Chapter 118-ENVIRONMENTAL PROTECTION 3. ARTICLE I.-IN GENERAL Lu 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. 2721 ' _ ;• ' R.4.i BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 0 0 Meeting Date: FeYbruao; 11, 199a Division: Growth Managemgnt Bulk Item: Yes No x Department: Planning 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, EE building permits to ensure that no separate independent living areas are created which are not in compliance wit the Land Development Regulations. 0 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 Division have reached agreement on guidelines for approval of single family residential building plans, whic are incorporated in the proposed MOU between DCA and Monroe County. 0 PREVIOUS RELEVANT BOARD ACTION: None STAFF RECOMMENDATION: Approval > 0 TOTAL COST:sZa 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 Manageme n/a DEPARTMENT DIRECTOR APPROVAL: jA6a7;rYAA AA y J. McGarry Dir c r of Plann' g DIVISION DIRECTOR APPROVAL: o gin. — Robert L.Herman,Director of Growth Management co DOCUMENTATION: Included x To follow Not required 0 DISPOSITION: Agenda Item#: U. 0 e document/agenda/access.doc lsc Packet Pg. 2722 MEMORANDUM TO: The Board of County Commissioners FROM: Timothy J. McGarry, Director of Plann' N 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 establishes specific guidelines and procedures to be followed in the permitting of single family residential dwellings and accessory structures to ensure that no separate independent living areas are created which are not in compliance with the Land Development Regulations. These guidelines are summarized inLN Attachment A to the subject agreement. y 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 co co relying on existing language in the Land Development Regulations defining "dwelling unit" and "accessory uses and structures." Section 9.5-4(A-2) states that an accessory use can not include guest units or any other potentially habitable structure (emphasis added). Section 9.5-4(D-31) defines dwelling unit as "one or more rooms physically arranged to create a housekeeping establishment for occupancy by one family with separate toilet facilities." For example, in the past DCA has appealed permits for unattached accessory E structures that contain a bedroom and a full bathroom facility, because they believe this constitutes a potentially habitable structure. Packet Pg. 2723 R.4.i 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. N 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 Oe residential building plans, since it is uncertain what will be appealed by DCA. This lack of certainty makes it exceedingly difficult for applicants to know what they can or can not build. This problem is becoming more acute due to the increasing number of permit 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 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 and approval of single family residential building permits. The results of this y mutual effort are presented in the proposed Memorandum of Understanding (MOU). Attachment A of this document contains the specific guidelines to be followed. It is anticipated this MOU may be eventually supplemented and/or replaced by future amendments to the Land Development Regulations. Summary of Guidelines The proposed guidelines focus on elements of a residence and accessory structures that may create or could create separate independent living areas, such as separate entrances, lockability of internal connections, and existence of CO key housekeeping facilities, such as kitchens, wet bars, and bathrooms. 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. E If any proposed design doesn't fail within the guidelines in Attachment A, it can only be approved by the Planning Director or Development Review Senior 2 1Packet Pg. 2724 Administrator, after consultation with the Planning Manager of the DCA field 2 office. Recommendation The Growth Management Division recommends adoption, of the proposed Memorandum of Understanding by the Board of County Commissioners. 0 CO CO 0 0 0 0 0 0 0 3 Packet Pg. 2725 0 0 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY THIS MEMORANDUM of Understanding is being entered into by and between 0 the Florida Department of Community Affairs (DEPARTMENT) and Monroe County _ (COUNTY) to provide better coordination between the DEPARTMENT and the E COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the Monroe County Year 2010 Comprehensive Plan and land development regulations. I. Witnesseth. WEREAS, the COUNTY has been declared an Area of Critical State Concern y pursuant to sections 380.05 and 380.0552, Florida Statutes, and has adopted a y 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 co development order to the Florida Land and Water Adjudicatory Commission if the DEPARTMENT determines that the development order was issued in error; and WHEREAS, due to a difference in interpretation between the DEPARTMENTLU and the COUNTY, the COUNTY has been issuing building permits deemed by the E DEPARTMENT, as inconsistent with the intent of the provisions of the Monroe County 1 Packet Pg. 2726 0 0 Year 2010 Comprehensive Plan and Monroe County Code regulating accessory dwelling units, and N WHEREAS, the DEPARTMENT and COUNTY desire to enter into this Memorandum and amicably resolve their differences of interpretation; and oe 0 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 removal of the Area of Critical State Concern designation in accordance with Section 0 380.0552, Florida Statutes; and WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows: > LN 1. The Monroe County Building Department shall only approve and issue building permits for those project designs identified as "YES" on the matrix entitled "Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit" attached hereto as Attachment "A"; 2. Any project design which does not clearly fail within the descriptions set forth in the matrix shall require approval by the Director of Planning (or the Development ca Review Senior Administrator), after consultation with the DEPARTMENT's Planning co Manager for the Field Office; 0 3. An "unlockable internal connector" shall be defined as an "open wall." A LU door or doorway shall not be included in the definition of"unlockable internal 0 connection." 2 Packet Pg. 2727 . 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 limitations of one bin and limited to one (1) square foot in size) with electricity limited to 110 volt service." 0 0 Il. Modifications. 0 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. III. Termination of Memorandum. 0 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, > LN whichever is earlier, after receipt of written notification as evidenced by a certified mail return receipt. IV Notification. Notification to the DEPARTMENT shall be directed to the Secretary, Department of Community affairs, 2555 Shumard Oak Blvd., Tallahassee, FL 32399-2100. Notification to the COUNTY shall be directed to the Mayor, Monroe County Board of County Commissioners, Monroe County Courthouse, 500 Whitehead Street, co co Key West, FL 33040 with a copy to the Director of Growth Management, Monroe 0 County Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227. 0 3 Packet Pg. 2728 R.4.i 0 0 V Effective Date. This Memorandum of Understanding shall become effective upon execution.by 2 both parties, and shall end upon the termination of the Florida Keys Area of Critical oe 0 State concern designation, unless terminated earlier according to Section IV above. 0 IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding. 0 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA y By MAYORICHAIRMAN (SEAL) DATE ATTEST: DANNY L. KOLHAGE, Clerk By: Deputy Clerk STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS By: DATE ca co AP V A FORM A !ClENCY rBy ttorney's Office 0 4 Packet Pg. 2729 ATTACHMENT A GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE AN ADDITIONAL DWELLING UNIT' Bid. Separate lockable unlockable full wet bar Full Y2 Bath Allowed? type entrance internal internal kitchen Bath' connection connections acc. 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 c44 " X NA NA X YES acid. X X ---- X X NO X X ---- X X NO " X X ---- X X NO X X ---- X YES " X X ---- X YES " X ---- X X X NO " X ---- X X X NO " X ---- X X X YES lu E " X ---- X X YES " ---- X X X YES " ---- X X X NO -- 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 o 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. y 3. A separate entrance is any entrance including sliding glass doors. A special exception may be made if the entrance is onto an enclosed courtyard or pool area. Care should be applied to assure a guest i house or dormitory is not created. 4. A lockable internal connection exists when either party can lock out the other party. 5. An unlockable internal connection exists when one party can not exclude the other party. An open wall is an unlockable internal connection. A door or doorway is not an unlockable internal connection. 6. A full kitchen is any food preparation facility larger than a wet bar. Plumbing "stub outs"shall be considered a kitchen. 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limitations of one bin and limited to one (1)square foot in size)with 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 Lu approved by the Planning Director or Development Review Senior Administrator, after consultation with the Planning Manager of the DCA Field Office. 10. Requires covenant restricting dwelling unit to single family occupancy only. Packet Pg. 2730 C�l/15/199t� 08:14 E1504083309 COMMUNITY " FAIRS' m�n CC, ; )F MEMORANDUM OF UNDERSTANDING (MOU) BETV&+LW :l, S G. .,C DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY N THIS MEMORANDUM of Understanding is being entered, into by and between 0 the Florida Department of Community Affairs (DEPARTMENT) and Monroe County (COUNTY)toprovide better coordination between the DEPARTMENT and the COUNTY in the implementation of provisions of Chapter 380, Florida Statutes, and the Monroe County Year 2010 Comprehensive Plan and land development regulations. 'I. Witnesseth. 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 i as required by law; and WHEREAS, the COUNTY is required to issue development orders only in conformity with its approved comprehensive land use plan and land development regulations, and WHEREAS, the DEPARTMENT is authorized to appeal any COUNTY development order to the Florida Land and Water Adjudicatory Commission if the ca 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 County 1 Packet Pg. 2731 . PANE 0• 04/15/1998 00:14 0504003309 COMMU14ITY AFFAIRS 0 0 Year 2010 Comprehensive Plan and Monroe County Code regulating accessory 6 dwelling units; and WHEREAS, the DEPARTMENT and COUNTY desire to enter into this W Memorandum and amicably resolve their differences of interpretation; and 0 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 ca removal of the Area of Critical State Concern designation in accordance with Section y 0 380.0552, Florida Statutes; and WHEREAS, the DEPARTMENT and the COUNTY do mutually agree as follows: > 1. The Monroe County Building Department shall only approve and issue building permits for those project designs identified as "YES" on the matrix entitled "Guidelines for Approving Additions That Do Not Create an Additional Dwelling Unit' attached hereto as Attachment"A". _ 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 co DEPARTMENT's Planning Manager for the Field Office. 3. An "unlockable internal connecton" shall be defined as an "open wall." A door or doorway shall not be included in the definition of"unlockable intemal connection." 2 Packet Pg. 2732 1 CUMMUNIT'l AFFAIRS PAGE .04/15/1990 00:14 05040032109 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 W 0 110 volt service." 0 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. 111. Termination of Memorandum. Either party may terminate this Memorandum of Understanding at any time, with or without cause. Termination shall take effect one week or five (5) working days, > 0 whichever is earlier, after receipt of written notification as evidenced by a certified mail 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, ca co Key West, FL 33040 with a copy to the Director of Growth Management, Monroe Counter Growth Management Division 2798 Overseas Highway, Suite 400, Marathon, FL 33050-2227. 3 Packet Pg. 2733 04/15/1990 00:14 8504083309 C OMMUWI-PI AFFAIFS PAGE 0 V Effective Date. N This Memorandum of Understanding shall become effective upon execution by W 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- .. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding. BOARD COUNTY COMMISSIONERS ' OF MCJ E CO TY F IDA r: b� �;. - '- '. MAYOR/CHAIRMAN (SEAL) DATE < r'" r �x •' t ATTEST: DANNY L. KOLHAGE, Clerk By: Deputy CI c STATE OF FLORIDA, DEPARTME OF M I FFAIRS By. DATE ca co A FORM A 1q NCY lay ttomeys Office 4 Packet Pg. 2734 ._04/15/1990 08:14 8504003309 1MMMUNIP1 AFFAIRS PAGE ATTACHMENT A GUIDELINES FOR APPROVING ADDITIONS THAT DO NOT CREATE AN ADDITIONAL DWELLING UNIT' Bid. Separate lockable unto able full wet ba -Full 'r4 Bath Allowed? typeZ entrance' -internal internal kftchen6 Bath° connection' connections acc. bid. X NA NA X X NO X NA X X NO X NA_ NA X X NO X NA NA X X NO 71 X NA NA X $ add X X ---- X NO ---- X X NO • X X X NO - X X �tiH. YES 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 YES U • ---- X X X NO 1. General Note: of ail possible project esign 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 optlgn allows a full bath,then a%bath Is also permitted in place of or In addition to a full bath. 2. ace = Attached or unattached accessory addition to principal structure with no internal connection to the structure. > add °= Addition to principal structure with an Internal connection to principal structure. LN 0 3. A separate entrance Is any entrance including sliding glass doors_ A special exception may be made v 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 04r party. 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 kftchen is any food preparation facility larger than a wet bar. Plumbing`stub outs"shall be considered a kitchen. 7. A wet bar is a food or drink preparation area limited to a total counter surface area of 16 square feet (including a sink with design limRations of one bin and limited to one (1)square foot in size)with elect'rlc ty lknited to 110 volt service. c, 8. -A full bath conteins,at a minimum,a sink,toilet and bath or shower. A half bath, at a maximum,may ca contain a i IWI and a sink. 9. NO m Design can not be approved. YES; - Design can be approved. Appr*oval of any project design that does not clearly fall within one of the listed options can only be approved by the Planning Director or Development Review Senior Adrrdnistrator,after consultation with-the Planning Manager of the DCA Field Office. LU 10. Requires covenant restricting dwelling unit to single family occupancy only. � Packet Pg. 2735