Item B1d
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Division: Growth Management
Department: Planning
Staff Contact Person: Marlene Conaway
AGENDA ITEM WORDING: Public hearing to consider adopting an Ordinance amending the
Monroe County Land Development Regulations Sections 9.5-120 through 9.5-125 and to Section 9.5-
266 by changing the Rate of Growth Ordinance (ROGO) to utilize the Tier Overlay as the basis for the
competitive point system, prohibiting aftordable housing allocations in Tier 1, increasing the affordable
covenants to 99 years for public financed properties and making allocations for affordable housing on a
first come basis or by reservation of the BOCC.
[1 sf of 2 required public hearings)
ITEM BACKGROUND: On January 21,2004 and in Ordinance #018-2004 the Bacc directed staff
to prepare draft text and map amendments and other supporting studies in order to effectuate the
provisions of Goal 105 of the 2010 Comprehensive Plan and Rule 28-20.100 F.A.C. The Planning
Commission reviewed the staff draft at four public hearings, amended the draft and recommended
approval. Several stakeholder forums and two community workshops were held to review the
proposed amendments. The draft ordinance has been revised by staff to retlect the direction given the
staff by the Board at the May public hearing. For a summary of the substantive changes to the
proposed draft ordinance, please see the staff report which is included in the agenda package.
Meeting Date: June 14,2005
Bulk Item: Yes No -L
The draft ordinance will not be considered for adoption until the related ordinances amending the
Comprehensive Plan are adopted. This action will not occur until after the county has received DCA's
review eomments.
Therefore, at this time no action is requested on the proposed ordinance.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance No. 018-2004 adopted June 16,2004 directed staff to prepare text and map amendments to
implement Goal 105. Goal 105 was adopted in Ordinance No. 20-2002.
CONTRACT/AGREEMENT CHANGES: None.
ST AFF RECOMMENDATIONS: Approval.
TOTAL COST:
NJA
BUDGETED: Yes NJ A No
COST TO COUNTY:
NJA
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes N/A
Year
APPROVED BY: County Atty --1L.
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
DISPOSITION:
AGENDA ITEM # B -ld
Revised 2/05
, l
PROPOSED AMENDMENTS TO THE RATE OF GROWTH
SECTIONS OF THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
THE BOCC ORDINANCE
This ordinance will amend the Monroe County Land Development Regulations by amending
Section 9.5~120 through 9.5-125 and Section 9.5-266 changing the Rate of Growth Ordinance
(ROGO) to utilize the Tier Overlay as the basis for the competitive point system, prohibiting
affordable housing allocations in Tier I, increasing the affordable covenants to 99 years for
public finance properties and making allocations for affordable housing on a fist come basis or
by reservation of the BOCC.
[1st of2 required public hearings]
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS TO IMPLEMENT
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE TIER
OVERLAY SYSTEM BY REVISING SECTIONS 9.5-120 THROUGH 9.5-
123 AND SECTIONS 9.5-125 THROUGH 9.5-140 [RATE OF GROWTH
ORDINANCE (ROGO)] AND REVISING SECTION 9.5-266
[AFFORDABLE AND EI\lPLOYEE HOUSING]; PROVIDING
EVALUATION CRITERIA, POINT SYSTEM, AND PROCEDURES
UTILIZING THE TIER OVERLAY AS THE BASIS FOR THE ROGO
SYSTEM; PROVIDING SPECIAL EVALUATION CRITERIA, POINT
SYSTEM, AND PROCEDURES FOR BIG PINE AND NO NAME KEY
BASED ON HABITAT CONSERVATION PLAN AND MASTER PLAN
FOR BIG PINE AND NO NAME KEY; CREATING AN APPEAL
PROCESS FOR NROGO; LIMITING AFFORDABLE HOUSING
ALLOCA TIONS TO TIER III AREAS; PROVIDING AUTHORITY TO
THE BOARD OF COUNTY COMMISSIONERS TO REQUIRE A 99
YEAR RESTRICTIVE COVENANT FOR CERTAIN CLASSES OF
AFFORDABLE AND EMPLOYEE HOUSING; PROVIDING
AUTHORITY FOR AN ELIGIBLE GOVERNMENTAL OR NON-
GOVERNMENT AL ENTITY TO ADMINISTER ELIGIBILITY AND
COMPLIANCE REQUIREMENTS OF AFFORDABLE HOUSING
REGULATIONS ON BEHALF OF THE PLANNING AND
ENVIRONMENT AL RESOURCES DEPARTMENT; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR IN CORPORA TION IN THE MONROE COUNTY
CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO TUEFLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during seven public
hearings held in December 2004 and January, February, March, April, May, and June 2005,
reviewed and considered the proposed amendments to utilize the Tier overlay maps as the basis
for the ROGO and NROGO point systems, modifications to Administrative Relief provisions
and amendments to the affordable and employee housing sections of the Land Development
Regulations (LDRs) limiting allocations to Tier III applications and providing authority to the
Board of County Commissioners to require a 99 year restrictive covenant as a condition of
reservation ofROGO allocation; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16, 2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO
based on the Tier system utilizing a positive approach that predominately relies on land
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dedication and aggregation and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
\VHEREAS, Goal 105 provides a framework for future development and land
acquisition for the next 20 years, called the "Tier system'" that considers the carrying capacity of
the Florida Keys, reduces sprawl and promotes sustainability; and
WHEREAS, the designation of Tiers will be implemented through an overlay of the
County's Land Use District Map, that will be referred to as the "Tier Overlay District Map" in
the County Code; and
WHEREAS, the adoption and amendments to the Tier Overlay District Map will be in
accordance with procedures for amending the Land Development Regulations in Section 9.5-
511, Monroe County Code; and
WHEREAS, the ROGO system proposed by this ordinance greatly simplifies the scoring
system for ROGO; and,
WHEREAS, the proposed RaGa system, based on the Tier system, is a positive
system, awarding the least number of points for development applications in the most
environmentally sensitive areas (Tier 1) and the most positive points in areas where development
is to be encouraged (Tier Ill); and,
WHEREAS, the proposed ROGO system calls for awarding additional points primarily
through aggregation of lots or the dedication of lots to the County for conservation purposes in
Tier I and Tier II (Big Pine Key and No Name Key) and for affordable housing in Tier III; and
WHEREAS, a separate point system has been included for Big Pine Key and No Name
Key that follows the requirements of the Habitat Conservation Plan and the Livable
CommuniKeys Master Plan for the Islands; and
WHEREAS, major changes are proposed in this ordinance for affordable housing to
assure it remains affordable housing for the workforce, long term; and
WHEREAS, the proposed system provides authority for the reservation of allocations for
affordable/employee housing to public and eligible private entities which agree to keep the
projects affordable for 99 years; and
WHEREAS, the 20% market rate housing pennitted in employee housing projects will
qualify for additional points in RaGa, to encourage mixed income projects; and
WHEREAS, the Planning Commission, after hearing comments at four public hearings,
made changes to the staff draft and recommended approval of the amendment to the LDRs to the
Board of County Commissioners on November 3, 2004; and
WHEREAS, the Planning and Environmental Resources Department made minor
changes to the proposed draft based on direction of the Planning Commission, including minor
text revisions to ensure readability and correct typographical errors or omissions in text; and
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WHEREAS, the Board of County Commissioners reviewed the proposed amendments to
the Land Development Regulations, recommended by the Planning Commission and the
Planning and Environmental Resources Department and made modifications to the
administrative relief and affordable and employee housing provisions, revised the scoring of the
ROO 0, provided for purchase of up to two (2) RaGa points through payment to a land
acquisition fund, and provided for the borrowing upfront of five years of affordable housing
allocations; and
WHEREAS, the Board of County Commissioners finds the proposed amendments to the
Land Development Regulations are consistent with and further goals, objectives and policies of
the Year 2010 Comprehensive Plan, particularly Goals 105 and 601 and recently adopted set of
comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140 (Division
1.5 Rate of Grow1h Ordinance), Monroe County Code, are hereby amended to read as follows:
.'DIVISION 1.5 RATE OF GROWTH ORDINANCE
Sec. 9.5-120. Residential rate of growth ordinance (ROGO).
(a) Purpose and intent: The purposes and intent ofresidential ROGO are:
(1) To facilitate implementation of goals, objectives and policies set forth in
the comprehensive plan relating to protection of residents, visitors and
property in the county from natura] disasters, specifically including
hurricanes;
(2) To limit the annual amount and rate of residential development
commensurate with the county's ability to maintain a reasonable and safe
hurricane evacuation clearance time;
(3) To regulate the rate and location of growth in order to further deter
deterioration of public facility service levels, environmental degradation
and potential land use conflicts;
(4) To allocate the limited number of dwelling units available annually
hereunder, based upon the goals, objectives and policies set forth in the
comprehensive plan; and;
(5) To implement 00al105 of the comprehensive plan.
(b) Definitions: The words or phrases used in this division shall have the
meanings prescribed in this chapter, except as otherwise indicated as follows:
Allocation period means a defined period of time within which applications for
the residential ROGO allocation will be accepted and processed.
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Annual allocation period means the twelve~month period beginning on July 13,
1992, (the effective date of the original dwelling unit allocation ordinance), and
subsequent one-year periods.
Annual residential ROGO allocation means the maximum number of dwelling
units for which building permits may be issued during an annual allocation period.
Buildable lot or parcel means the lot or parcel must contain a minimum of two-
thousand (2,000) square feet of upland, including any disturbed wetlands that can be
filled pursuant to this chapter.
Controlling date means the date and time a ROGa application is submitted. This
date shall be used to determine the annual anniversary date for receipt of a perseverance
point(s) and shall determine precedence when RaGa applications receive identical
ranking scores. A new controlling date shall be established based upon the re-submittal
date and time of any withdrawn or revised application, except pursuant to section 9.5-
122.1 (h).
Quarterly allocation period means the three-month period beginning on July 13,
1992, or such other date as the board may specify, and successive three-month periods.
Quarterly residential ROGO allocation means the maximum number of dwelling
units for which building permits may be issued in a quarterly allocation period.
Residential dVl'elling unit means a dwelling unit as defined in section 9.5-4 of the
Monroe County Code, and expressly includes the following other terms also specifically
defined in section 9.5A: hotel rooms, campground spaces, mobile homes, transient
residential units, institutional residential units (except hospital rooms) and live-aboards.
Residential ROGO allocation means the maximum number of dwelling units for
which building pennits may be issued in a given time period.
Residential ROGO allocation award means the approval of a residential RaGa
application for the issuance of a building permit.
ROGO application means the residential ROGO application submitted by
applicants seeking allocation awards.
Sec. 9.5-120.1. General provisions.
(a) Residential ROGO allocation award required: No building permit shall be
issued unless the dwelling unit has received a residential dwelling unit allocation award,
or is determined to be exempt as provided below.
(b) EfFective date: Any ROGO application which has not received an
allocation award as of the effective date of this division shall be processed and evaluated
pursuant to the provisions of this division.
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(c) Yearly review and monitoring: As required by the comprehensive plan, as
requested by the planning commission or the board, or as otherwise necessary, the
planning director shall consider the rate, amount, location, and ratio of market rate to
affordable housing residential dwelling units available for development in the county.
The planning director shall also monitor the effects of such development and determine
the conformity of such development with the comprehensive plan and this chapter. This
review, in whole or in part, may fom} the basis for recommendations by the planning
director or the planning commission to the board for action to repeal, amend or modify
the ROGO allocation system.
(d) Affected area: The ROGO allocation system shall apply within the
unincorporated area of Monroe County, Florida, which, for purposes hereof, has been
divided into subareas as follows:
(1) Upper Keys: The unincorporated area of Monroe County north of
Tavernier Creek and corporate limits of the Village of Islamorada
(approximately mile marker 90).
(2) Lower Keys: The unincorporated area of Monroe County from the
corporate limits of the Village of Islamorada (approximately mile marker
72) south to the corporate limits of the City of Key West at Cow Key
Bridge on U.S. Highway 1 (approximately mile marker 4), excluding Big
Pine Key and No Name Key.
(3) Big Pine Key and No Name Key: The islands of Big Pine Key and No
Name Key within unincorporated Monroe County.
Sec. 9.5-120.2. Type of development affected.
The residential RaGa shall apply to all residential dwelling units for which a
building permit is required by this chapter and for which building permits have not been
issued prior to the effective date of the RaGa allocation system, except as otherwise
provided herein.
Sec. 9.5-120.3. Type of development not affected.
The residential ROGD shall not apply to the development described below:
(a) Redevelopment (m-site: Redevelopment, rehabilitation or replacement of
any lawfully established residential dwelling unit or space which does not increase the
number of residential dwelling units above that which existed on the site prior to the
redevelopment, rehabilitation or replacement.
(b) han.~fer (~ff--site: Transfer off-site shall consist of either the demolition or
a change of use from residential to non-residential of a unit or space from a sender site
and the development of a new unit on a receiver site as indicated below.
(l) Eligibility of sender unit or space: A hotel room, mobile home, dwelling
unit, or recreational vehicle/campground space that is lawfully established.
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(2) Criteria fr)r redevelopment off-site: In order to redevelop off-site, a
receiver site must be evaluated for both its structural and site conditions.
a. Tramj'er to a hotel: A hotel or hotel room may be developed if the:
(i) Sender unit is eligible and provided that it was used as a
hotel room in accordance with section 9.5-4; and
(ii) Receiver site meets all of the following criteria:
(1 ) Is located in the same RaGa subarea as the sender
site; and
(2) Is located within a Tier 1lI designated area.
b. Transfer to alfi.Jrdable housing: An affordable housing unit may be
developed if the receiver unit meets all of the following criteria:
(1) The proposed unit is an affordable house pursuant to
sections 9.5-4(A-5) and 9.5-266; and
(ii) Is located in the same ROGO subarea as the sender site;
and
(iii) Is located in a Tier III designated area.
(3) Proceduresfi.Jr tran~fer off-site:
a. A pre-application conference and at a mlll1mUm, a minor
conditional use permit, shall be required for both the sender site
and the receiver site. The minor conditional use for the transfer
shall be reviewed pursuant to criteria in section 9.5-120.3 and not
criteria in section 9.5-65. The sender site shall not require posting.
b. A sender unit shall be assigned a unique identifier number that
shall be used for tracking and monitoring by the planning
department. Multiple units to be transferred from a sender site
may be authorized under a single conditional use approval.
c. The unique identifier number shall be itemized in the conditional
use permits required for both the sender and receiver sites.
(4) Conditions f()r Issuance of Permit: No building permit shall be issued for
the new unit on the receiver site until one of the following conditions is
met:
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a. The unit is demolished as per an issued demolition permit and a
final inspection for the demolished unit or space has been
completed by the building department for the sender site; or
b. The unit is removed pursuant to a development approval,
development order, or a development permit is issued and a final
inspection for the removed unit is completed by the building
department for the sender site.
(c)
ROGO.
Nonresidential use: Nonresidential uses are not affected by residential
(d) Development not increasing hurricane evacuation times: Any applicant
that can demonstrate with a traffic study acceptable to Monroe County traffic engineers
that their proposed development \\;i11 not increase hurricane evacuation times. All
residential dwelling units to be located in the area designated as Zone 7 (North Key
Largo area) are deemed not to increase hurricane evacuation times.
(e) Public/governmental uses: Public/governmental uses, including capital
improvements and public buildings, as are defined in section 9.5-4.
(f) Other nonresidential development: Any other use, development, project,
structure, building, fence, sign or activity, which does not result in a new residential
dwelling unit.
(g) Vested rights: Landowners with a valid, unexpired development of
regional impact approval granted by the county prior to July 13, 1992, shall be exempt
from the residential RaGa system.
Sec. 9.5-120.4. Moratorium on new transient units.
New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces, shall not be eligible for residential RaGa
allocations until December 31, 2006.
Sec. 9.5-121. Reserved.
Sec. 9.5-122. Residential ROGO allocations.
(a) Number (~f available annual residential ROGO allocations: The number of
market rate residential ROGO allocations available in each subarea of unincorporated
Monroe County and the total number of affordable residential ROGO allocations
available county-wide on a yearly basis shall be as follows:
Subarea
Upper Keys
Lower Keys
Big Pine and No Name Keys
Number of Dwelling Units
61
57
~
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Total Market Rate
126
Affordable dwelling units
Very Low, Low, and Median Incomes
Moderate Income
36*
35*
71
Total units a year
197
*lncludes one (1) for Big Pine Key and No Nanle Key.
(l) Yearly residential ROGO allocation ratio: Each subarea shall have its
number of market rate residential ROGO allocations available per ROGO
year. Affordable ROGO allocations shall be available for county-wide
allocation except for Big Pine Key and No Name Key. The annual
allocations for Big Pine Key and No Name Key shall be eight (8) market
rate and two (2) affordable dwelling units.
(2) Quarterly residential ROGO allocation ratio: Each subarea shall have its
number of market rate housing residential RaGa allocations available per
ROGO quarter determined by the following iormula:
a. Market rate residential RaGa allocations available in each subarea
per quarter is equal to the market rate residential ROGO
allocations available in each subarea divided by four (4).
b. Affordable housing residential ROGO for all four (4) ROGO
quarters including the two available for Big Pine Key shall be
made available at the beginning of the first quarter for a RaGa
year.
(3) Ratio qf affordable housing ROGO allocations to market rate ROGO
allocations: Prior to October of each year, the board of county
commissioners may adopt a resolution changing the ratio of affordable
housing to market rate ROGO allocations based upon the
recommendations of the planning director and planning commission
arising from the annual review of ROGO. This ratio may be amended
pursuant to the following:
a. The percentage of affordable housing shall never be less than
twenty (20) percent of the total ROGO allocations available or the
minimum established by rule of the Florida Administration
Commission, whichever is greater.
b. The increase or decrease in the percentage of affordable housing of
the total ROGO allocations available shall not exceed fifty (50)
percent of the previous year's ROGO allocations to market rate
and affordable housing.
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(4) Ratio of very low income, low income, and median income allocations to
moderate income allocations: The Planning Commission may amend
these proportions for affordable housing during any ROGO quarter.
(5) Big Pine Key and No Name Key: All residential development on Big Pine
Key and No Name Key is subject to the provisions of the Incidental Take
Pennit and the Habitat Conservation Plan for the Florida Key Deer and
other covered species, which may afTect ROGO allocations under this
chapter.
(6) Limit on Number of Allocation Awards in Tier 1: The annual number of
allocation awards in Tier I shall be limited to no more than three (3) in the
Upper Keys and three (3) in the Lower Keys.
(b) Reservation of affordable housing allocations: Notwithstanding the
provisions of section 9.5-122.2 for awarding of allocations for affordable housing, the
board of county commissioners may reserve by resolution some or all of the available
affordable housing allocations for award to certain sponsoring agencies or specific
housing programs consistent with all other requirements of this chapter. Building permits
for these reserved allocations shall be picked up within six (6) months of the effective
reservation date, unless otherwise authorized by the board of county commissioners in its
resolution. The board of county commissioners may at its discretion place conditions on
any reservation as it deems appropriate. These reservations may be authorized by the
board of county commissioners for:
(I) The Monroe County Housing Authority, nonprofit community
development organization(s) pursuant to section 9.5-266(e), and other
public entities established to provide affordable housing by entering into a
memorandum of understanding with one or more of these agencies;
(2) Specific affordable or employee housing projects participating in a
federal/state housing financial assistance or tax credit program or
receiving some form of direct financial assistance from the county upon
\\iTitten request from project sponsor and approved by resolution of the
board of county commissioners;
(3) Specific affordable or employee housing projects sponsored by non-
governmental not-for-profit organizations above upon \\iTitten request
from the project sponsor and approved by resolution of the board of
county commissioners;
(4) Specific affordable or employee housing programs sponsored by the
county pursuant to procedures and guidelines as may be established from
time to time by the board of county commissioners;
(5) Specific affordable or employee housing projects by any entity,
organization, or person, contingent upon transfer of ownership of the
underlying land for the affordable housing project to the county, a not-for-
profit community development organization(s), or other entity approved
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by the board of county commissioners, upon written request from the
project sponsor and approved by resolution of the board of county
commissioners; or
(6) Rental employee housing projects, situated on the same parcel of land as
the non-residential workplace for the tenants of these projects, upon
written request from the property owner and approved by resolution of the
board of county commissioners.
(c) .~fIordable housing allocation awards and eligibility:
(I) The definition of affordable housing shall be as specified in sections 9.5-4
and 9.5-266.
(2) Any portion of the annual affordable housing allocation not used for
affordable housing at the end of a ROGO year shall be made available for
affordable housing for the next ROGO year.
(3) Any portion of the residential ROGO allocations not used shall be retained
and be made available for afIordable housing from ROGO year to ROGO
year.
(4) No affordable housing allocation shall be awarded to applicants located
within a Tier I designated area, within a V-zone on the county's flood
insuranee rating map, or within a Tier II designated area on Big Pine Key
and No Name Key.
(5) Only affordable housing allocations for Big Pine Key may be used on Big
Pine Key. No affordable housing allocation may be used on No Name
Key.
(d) Residential dwelling unit allocation required: From and after the effective
date of the dwelling unit allocation system, the county shall issue no building permit for a
residential dwelling unit unless such dwelling unit:
(1) Has a residential dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this
chapter or is deemed vested pursuant to section 9.5-120.3.
Section 9.5-122.1 Application procedures for residential ROGO.
(a) Application fhr allocation: In each quarterly allocation period, the
department of planning and environmental resources shall accept applications to enter the
residential ROGO system on forms prescribed by the planning director. Except for
allocations to be reserved and awarded under section 9.5-122 (b), the ROGO application
form must be accompanied by an approved building permit application and a
nonrefundable processing fee in order to be considered in the current allocation period.
The planning director shall review the ROGO application for completeness. If the
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application is determined to be incomplete, the planning director shall rejeet the ROGO
application and notify the applicant of such rejection, and the reasons therefore, within
ten (10) working days. The application shall be assigned a controlling date that reflects
the time and date of its submittal unless the application is determined to be incomplete.
If the application is rejected then the new controlling date shall be assigned when a
complete application is submitted.
(b) Fee for review of application: Each ROGO application shall be
accompanied by a nonrefundable processing fee as may be established by resolution of
the board. Additional fees are not required for successive review of the sanle ROGO
application unless the application is withdrawn and resubmitted.
(c) Compliance 'with other requirements: The ROGO application shall
indicate whether the applicant for a residential dwelling unit allocation has satisfied and
complied or not with all county, state and federal requirements otherwise imposed by
Monroe County regarding conditions precedent to issuance of a building permit and shall
require that the applicant certify to such compliance.
(d) Non-county time periody: The county shall develop necessary
administrative procedures and, if necessary, enter into agreements with other
jurisdictional entities which impose requirements as a condition precedent to
development in the eounty, to ensure that such non-county approvals, certifications
and/or permits are not lost due to the increased time requirements necessary for the
county to process and evaluate residential dwelling unit applications and issue allocation
awards. The county may permit evidence of compliance with the requirements of other
jurisdictional entities to be demonstrated by "coordinating letters" in lieu of approvals or
petmits.
(e) Limitation on number of applications:
(1) An individual entity or organization may submit only one (1) ROGO
application per unit in each quarterly allocation period.
(3) There shall be no limit on the number of separate parcels for which ROGO
applications may be submitted by an individual, entity or organization.
(4) A ROGO application for a given parcel shall not be for more dwelling
units than are permitted by this chapter or the comprehensive plan.
(f) Er:piration of allocation award: Except as provided for in this division, an
allocation award shall expire when its corresponding building permit is not picked up
after sixty (60) days of notification by certified mail of the award or, after issuance of the
building permit, upon expiration of the permit pursuant to chapter 6.0.
(g) Borrowingfromfuture housing allocations:
(1) The planning commission may award additional units from future annual
dwelling unit allocations to fully grant an application for residential units
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in a project if such an application receives an allocation award for some,
but not all, of the units requested.
(2) The board of county commissioners in approving affordable housing
allocations pursuant to section 9.5-122(b) may reserve and award
additional units from future annual dwelling unit allocations if the number
of available allocations is insufficient to meet specific project needs.
(3) The planning commission shall not reduce any future market rate quarterly
allocation by more than twenty (20) percent and shall not apply these
reductions to more than the next five (5) annual allocations or twenty (20)
quarterly allocations.
(4) The board of county commlSSlOners, upon recommendation of the
planning commission, may make available for award up to one-hundred
(100) percent of the affordable housing allocations available over the next
five annual allocations or twenty (20) quarterly allocations.
(h) Revisions ofROGO applications and awards:
(1) An applicant may elect to revise a ROGO application to increase the
competitive points in the application without prejudice or change in the
controlling date, if a revision is submitted on a form approved by the
planning director to the planning and environmental resources department
no later than thirty (30) days following the planning commission approval
of the previous ROGO rankings. All other applications that are withdrawn
and resubmitted that do not increase the competitive points in the
application shall be considered "new", requiring payment of appropriate
fees and receiving a new controlling date.
(2) After receipt of an allocation award, and either before or after receipt of a
building pemlit, but prior to receipt of a certificate of occupancy, no
revisions shall be made to any aspect of the proposed residential
development which formed the basis for the evaluation review,
determination of points and allocation rankings, unless such revision
would have the effect of increasing the points awarded.
0) Clarification qf application data:
(1) At any time during the dwelling unit allocation review and approval
process, the applicant may be requested by the director of planning or the
planning commission, to submit additional information to clarify the
relationship of the allocation application, or any elements thereof, to the
evaluation criteria. If such a request is made, the director of planning shall
identify the specific evaluation criterion at issue and the specific
information needed and shall communicate such request to the applicant.
(2) Upon receiving a request from the director of planning for such additional
in1ormation, the applicant may provide such infonnation; or the applieant
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may decline to provide such information and allow the allocation
application to be evaluated as submitted.
Q) E'Cisting ROGO applications: All applications in the ROGO system prior
to the effective date of this ordinance shall be re-scored pursuant to criteria in section 9.5-
122.4.
(k) Vesting (~lexisting ROGO applications: The following vesting provisions
shall apply to applications in the ROGO system prior to the effective date of this
ordinance:
(1) Notwithstanding the provisions of section 9.5-122.4 (i), such applications
shall be eligible to continue to receive perseverance points beyond the first
four (4) years in the system, at a annual rate of +2 points for each year that
the application remains in the ROGO system.
(2) If any application, prior to the effective date of this ordinance, had been
withdrawn and re-entered to the ROGO system and the application had
been revised to increase its point total through lot aggregation or land
dedication, the controlling date of the application shall be restored to the
controlling date of the application prior to the application's withdrawal.
The application shall receive any perseverance points that may have been
lost due to the withdrawal.
Sec. 9.5-122.2. Evaluation procedures for residential dwelling unit allocation.
(a) Adjustment of residential ROGO allocations: At the end of each quarterly
allocation period, the planning director shall recommend additions or subtractions to the
basic allocation available by subarea, based upon any of the following, as appropriate:
(l) The number of building permits for new residential units issued which
expired pursuant to chapter 6.0.
(2) The number of dwelling unit allocation awards that expired prior to
issuance of a corresponding building permit and which were awarded in
the cunent annual allocation period;
(3) The number of residential ROGO allocation awards available which were
not allocated during the quarterly allocation period in the current annual
allocation period;
(4) The number of residential ROGO allocation awards in previous quarters
which were borrowed from future allocations to accommodate multiple
unit projects or to accommodate allocation applications with identical
scores, pursuant to section 9.5-122.2(b)(2) or which were granted to
applieants via either the appeals process, administrative relief or a
beneficial use determination;
(5) Residential ROGO allocations vested during the preceding quarter;
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(6) Any other modifications required or provided for by the comprehensive
plan or an agreement pursuant to chapter 380, Florida Statutes;
(7) The receipt or transfer of affordable housing allocations from or to
municipalities pursuant to this chapter;
(8) Allocations reserved and/or awarded by the board of county
commissioners pursuant to section 9.5-122 (c).
(b) Initial evaluation (~l allocation applications: Upon receipt of completed
allocation applications, the director of planning shall evaluate the allocation applications
for market rate housing pursuant to the evaluation criteria set forth in section 9.5-122.4.
(1) Except for aHordable housing, the director of planning shall classify each
allocation application by subarea.
(2) On the evaluation cover page, for each allocation application, the director
of planning shall indicate the subarea and the number of dwelling units for
which allocation awards are being requested. Market rate allocation
applications shall be aggregated by subarea. Affordable housing allocation
applications shall be aggregated on a county-wide basis.
(3) Within thirty (30) days of the conclusion of a quarterly allocation period,
unless otherwise extended by the board, the director of planning shall for
market rate allocations:
a. Complete the evaluation of all allocation applications submitted
during the relevant allocation period;
b. Total the number of dwelling units by subarea for which allocation
applications have been received; and
c. Rank the allocation applications in descending order from the
highest evaluation point total to the lowest.
(4) Within thirty (30) days of the conclusion of a quarterly allocation period,
unless otherwise extended by the board, the director of planning shall for
alfordable housing allocations:
a. Complete review of all allocation applications to confirm
eligibility of applicants during the relevant allocation period;
b. Total the number of dwelling units for unincorporated Monroe
County for which affordable housing allocation applications have
been received; and,
c. List the affordable housing allocation applications in descending
order of controlling date from earliest to latest date.
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(5) If the number of dwelling units represented by the allocation applications
for market rate housing, by subarea, is equal to or less than the quarterly
allocation, the director of planning may make a recommendation to the
planning commission that all of the allocation applications for that subarea
be granted allocation awards.
(6) If the number of dwelling units represented by the allocation applications
for affordable housing is equal to or less than the available allocation, the
director of planning may make a recommendation to the planning
commission that all of the allocation applications be granted allocation
awards.
(7) If the number of dwelling units represented by the allocation applications
for market rate housing, by subarea, is greater than the quarterly
allocation, the director of planning shall submit an evaluation report to the
planning commission indicating the evaluation rankings and identifying
those allocation applications whose ranking puts them within the quarterly
allocation, and those allocation applications whose ranking puts them
outside of the quarterly allocation.
(8) If the number of dwelling units represented by the allocation applications
for affordable housing is greater than the total available allocation, the
director of planning shall submit a report to the planning commission
indicating the applications in order of their control dates and identifying
those allocation applications for which sufficient allocations exist and
those allocation applications whose ranking by controlling date puts them
outside the available allocation.
(c) Public hearings: Upon completion of the evaluation ranking report and/or
recommendation, the director of planning shall schedule and notice a public hearing by
the planning commission pursuant to otherwise applicable regulations.
(l) At or prior to the public hearing, the planning commission may request,
and the director of planning shall supply, copies of the allocation
applications and the director of planning evaluation worksheets.
(2) Upon review of the market rate allocation applications and evaluation
worksheets, the planning commission may adjust the points awarded for
meeting a particular eriteria, adjust the rankings as a result of changes in
points awarded, or make such other changes as may be appropriate and
justified.
(3) The basis for any planning commission changes in the scoring or ranking
of market rate applications shall be specified in the form of a motion to
adopt the allocation rankings and may include the following:
a. An error in the designation of the applicable subarea.
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b. A mistake in the calculation of dedicated or aggregated lots/land.
c. A mistake in assignment of the Tier map designation in the
application.
d. Any other administrative error or omission that may cause the
application to be incorrectly scored.
(4) The public, including, but not limited to, applicants for allocation awards,
shall be permitted to testify at the public hearing. Applicants may offer
testimony about their applications or other applications; however, in no
event may an applicant offer modifications to an application that could
change the points awarded or the ranking of the application.
(5) At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings for market rate housing
applications and rankings for affordable housing applications as
submitted by the director of planning.
b. Move to accept the rankings as may be modified as a result of the
publie hearing.
C. Move to continue the public hearing to take additional public
testimony.
d. Move to close the public hearing but to defer action on the
evaluation rankings pending receipt of additional information.
e. Move to reject the rankings.
(6) The planning commission shall finalize the rankings within sixty (60) days
following initial receipt of the director of planning evaluation ranking,
report and recommendations.
(d) Not{fication to applicants: Upon finalization of the evaluation rankings by
the planning commission, notice of the rankings, by subarea for market rate housing, and
county-wide for affordable housing, shall be posted at the planning department offices
and at such other places as may be designated by the planning commission.
(1) Applicants who receive allocation awards shall be further notified by
certified mail, return receipt requested. Except as provided herein for
allocations for affordable housing awarded by the board of county
commissioners pursuant to section 9.5-122(b) and paragraph (g) below,
upon receipt of notification of an allocation award, the applicant may
request issuance of a building permit for the applicable residential
dwelling unit.
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(2) Applicants who fail to receive allocation awards shall be further notified
by regular mail; without further action by such applicants nor the payment
of any additional fee, such applications shall remain in the residential
ROGO system for reconsideration in the next succeeding quarterly
allocation period.
(e) Identical rankingsfor market rate housing applications: If two (2) or more
allocation applications in a given subarea have identical evaluation points, these
applications shall be ranked in descending order from the earliest controlling date of
submission to the latest. The planning commission may approve two (2) or more
allocation applications with identical rankings and controlling dates despite the fact that
the quarterly allocation will be exceeded if:
(I) A cIear statement of findings of fact are made justifYing the decision; and
(2) The excess allocation is reduced from the next succeeding quarterly
allocation period or is reduced pro rata from the next three (3) quarterly
allocation periods.
(1) Identical controlling dates fiN' affordable housing applications: If two (2)
or more allocation applications for affordable housing have identical controlling dates
and at least one affordable housing allocation remains available to be awarded, the
planning commission may approve two (2) or more alloeation applications with identical
rankings through borrowing of future allocations pursuant to section 9.5-122.1 (g).
(g) Multi-unit affiJrdable housing projects: Upon the written approval of the
planning director, the expiration period for an allocation award for affordable multi-unit
housing projects may be extended where the applicant is unable to be granted a sufficient
number of allocations required to initiate the project.
9.5-122.3. Administrative relief.
(a) Eligibility: An applicant for an allocation award is eligible for
administrative relief if:
(1) The application complies with all requirements of the dwelling unit
allocation system; and
(2) Was considered in the first sixteen (16) consecutive quarterly allocation
periods; and
(3) Has not received an allocation award.
(b) Notffkation (~f Eligibility: Within thirty (30) days of the finalization of
evaluation rankings by the planning commission, any applicant determined to be eligible
for administrative relief pursuant to paragraph (a) above, shall be notified of the
applicant's eligibility for administrative relief by certified mail, return receipt requested.
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(c) Application: An application for administrative relief shall be made on a
form prescribed by the director of planning and may be filed with the planning and
environmental resources department no earlier than the conclusion of the sixteenth (16th)
quarterly allocation period and no later than one hundred eighty (180) days following the
close of the sixteenth (16th) quarterly allocation period.
(d) Forwarding application to board: Upon the filing of an application for
administrative reliet~ the director of planning shall forward to the board all relevant files
and records relating to the subject applications. Failure to file an application shall
constitute a waiver of any rights under this section to assert that the subject property has
been taken by the county without payment of just compensation as a fesult of the
dwelling unit allocation system.
(e) Public hearing: Upon feceipt of an application for administrative relief,
the board shall notice and hold a public hearing at which the applicant will be given an
opportunity to be heard. The board may review the relevant applications and applicable
evaluation ranking, taking testimony from county staff and others as may be necessary
and hear testimony and review documentary evidence submitted by the applicant.
(f) Board's action: At the conclusion of the public hearing, the board may
take any Of a combination of the following actions:
(1) Otrer to purchase the property at its fair market value as its preferred
action if the property is located within:
a. a designated Tier] area;
b. an upland tropical hardwood hammock of more than one acre in
size or pine lands habitat outside of Tier I; or
c. a designated Tier 1Il area on a non-waterfront lot suitable for
affordable housing.
(2) Grant the applicant an allocation award for all or a number of dwelling
units fequested in the next succeeding quarterly allocation period or
extended pro rata over several succeeding quarterly allocation periods as
the preferred action for buildable properties not meeting the criteria in (1)
above.
(3) Suggest or provide such other relief as may be necessary and appropriate.
(g) Limits on administrative allocations per quarter: The number of
allocations that may be awarded under administrative relief in anyone quarter shall be no
more than fifty (50) percent of the total available market rate allocations available in a
quarter for that subarea. Any allocations in excess of fifty (50) percent shall be extended
into the succeeding quarter or quarters until the number of such allocations is fifty (50)
percent or less of the total number of market rate allocations available to be awarded.
Sec.9.5-122.4. Evaluation criteria.
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The point values established on the following pages are to be applied
cumulatively.
(a) Tier designation: The following points are intended to discourage
development in environmentally sensitive areas and to direct and encourage development
in appropriate infill areas, while recognizing that any development has an impact on the
carrying capacity of the Florida Keys:
7i:in~ Assignment: Criteria:
+10 An application which proposes a dwelling
unit within an area designated Tier I
[N atural Area].
+10 An application which proposes
development within an area designated Tier
II [Transition and Sprawl Reduction Area]
on BigPine Key or No Name Key.
+20 An application which proposes
development within an area designated Tier
III [Infill Area] on Big Pine Key or No
Name Key.
+30 An application which proposes
development within an area designated Tier
III [Infill Area] outside of Big Pine Key or
No Name Key:
(b) Big Pine Key and No Name Key only: The following additional negative
points are intended to implement the Habitat Conservation Plan and the Livable
CommuniKeys Community Master Plan for Big Pine Key and No Name Key.
Point Assignment: Criteria:
..
-10 An application which proposes a dwelling
unit on No Name Key.
-10 An application which proposes
development III designated Lower Keys
Marsh Rabbit habitat or buffer areas as
designated in the Community Master Plan.
-10 An application which proposes
development III Key Deer Corridor as
designated in the Community Master Plan.
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(c) Lot aggregation: The following points are intended to encourage the
voluntary reduction of density through aggregation of vacant, legally platted, buildable
lots with density allocation by lot.
oint Assignment:
+4
'riteria:
An application which aggregates a
contiguous vacant, legally platted, vacant,
buildable lot, zoned IS, IS-D, URM, URM-
L, or CFV, located within a Tier II or Tier
III designated area together with the parcel
proposed for development.
Additional requirements ..
1. The proposed development shall not
involve the clearing of upland native
vegetation of more than 5,000 square
feet of upland native vegetation or the
open spaee requirements of section 9.5-
347, whichever is less.
2. The application shall include but not be
limited to the following:
* An affidavit of ownership of all
affected parcels, acreage or land; and
* A legally binding restrictive covenant
limiting the number of dwelling units
on the aggregated lot, running in favor
of Monroe County and enforceable by
the county, subject to the approval of
the growth management director and
county attorney and recorded in the
office of the clerk of the county prior
to the issuance of any building permit
pursuant to an allocation award.
(d) Land dedication: The following points are intended to encourage the
voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and
No Name Key) areas for the purposes of conservation, resource protection, restoration or
density reduction, and if located within Tier III, for the purpose of providing land for
affordable housing where appropriate.
Point Assignment: Criteria:
-r-4 An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted buildable lot, zoned
IS, IS-D, URM, URM-L, or CFY. Each
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+ 1 for each 5,000 square feet of lot
area
+0.5
+"
,.)
additional vacant, legally platted, buildable
lot which is dedicated that meets the above
requirements will earn the application the
additional points as specified.
An application which includes the
dedication to Monroe County of a vacant
legally platted, buildable lot of five
thousand (5,000) square feet or more
within a Suburban Residential District (SR)
or Suburban Residential - Limited District
(SR-L) within a designated Tier I area.
Each additional vacant, legally platted,
buildable lot of five thousand (5,000)
square feet or more that meets the above
requirements will earn points as specified.
An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted, buildable lot of five
thousand (5,000) square feet or more
within a Native Area District (NA) or
Sparsely Settled District (SS) in a
designated Tier I area. Each additional
vacant, legally platted, buildable lot that
meets the above requirements will earn the
half(0~5) point as specified.
An application which includes dedication
to Monroe County of at least one-acre (1)
of vacant, unplatted, buildable land located
within a designated Tier I area. Each
additional one (1) acre of vacant, unplatted,
buildable land that meets the above
requirements will earn the points as
specified.
Additional requirements:
1. The application shall include but not be
limited to the following:
* An affidavit of ownership of all
affected lots, parcels, acreage or land;
and
* A statutory warranty deed, that
conveys the dedicated property to the
eounty shall be approved by the
growth management director and
county attorney and recorded in the
office of the clerk of the county prior
to the issuance of any building permit
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pursuant to an allocation award.
2. Lots or parcels dedicated for positive
points under this paragraph shall not be
eligible for meeting the mitigation
requirements of the Big Pine Key and
:N:o Name KeyOverlay Zone.
(f)Market rate housing in employee or affi)rdable housing project: The
following points are intended to provide further incentives for provision of market rate
housing within employee housing projects:
Point Assignment: Criteria:
+6 An application for market rate housing unit
which is part of employee or affordable
housing project.
Additional Requirements:
The market rate dwelling unit must be part
of an approved employee or affordable
housing project and meet all the
requirements and conditions pursuant to
section 9.5-266(a) and (f) and this chapter.
(g) Special flood hazard area: The following points are intended to
discourage development within high risk special flood hazard zones:
Point Assignment: .. Criteria:
- 4 An application which proposes
development within a "V" zone on the
FEMA Flood Insurance Rate Map.
(h) Central wastewater treatment system availability: The following points
shall be assigned to encourage development in areas served by central wastewater
treatment systems:
Point Assignment: Criteria:
+4 An application which development 1S
required to be connected to a central
wastewater treatment system that meets
BATI A WT standards established by the
Florida Legislature.
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(i) Perseverance points: The following points are intended to reward an
application based upon the number of years spent in the residential ROGO system
without receiving an allocation award:
Point Assignment: Criteria:
+ 1 A point shall be awarded on the
anniversary of the controlling date for each
year that the application remams m the
ROGO system up to four (4) years.
CD Payment to land acquisition fund: Up to two (2) points shall be awarded
for a monetary payment to the County's Land Acquisition Fund for the purchase by the
County of lands for conservation and retirement of development rights. Points for
payment to this fund shall be assigned as follows:
Po int Assignment:
+ 1 to T 2
Criteria:
Proposes payment to the County's Land
Acquisition Fund in an amount equal to the
monetary value of a ROGO dedication
point times the number of points to be
purchased up to a maximum of two (2)
points.
Additional Requirements:
1. The monetary value of each point shall
be established annually by resolution
of the board of county commissioners.
2. The monetary value of each point shall
be based upon the average market
value of privately-o'Wued, buildable,
vacant, IS/URM, platted lots in Tier I
divided by four (4).
3. Payment to the County's Land
Acquisition Fund shall be prior to the
issuance of any building permit
pursuant to the allocation award.
Sec. 9.5-123. Reserved
Sec. 9.5-125. Appeals.
(a) An appeal from the decision of the planning commission on a ROGO or
NROGO allocation shall be made to the board of county commissioners. The notice of
such appeal shall be in a form prescribed by the director of planning and must be filed
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with the director of planning within twenty (20) days of the planning commission's
decision. Upon the filing of an appeal, the planning commission's secretary will forward
to the board all relevant files and records relating to the matter. Failure to tile an appeal
with the board shall constitute a waiver of any rights under this chapter to further dispute
the decision of the planning commission.
(b) The tiling of an appeal shall not stay either the action of the planning
commission or the action of the director of planning.
(c) If, as a result of a successful appeal, additional allocation awards are to be
made, the board shall instruct the director of planning as to how many dwelling units or
non-residential floor space applications shall receive allocation awards, when such
allocation awards are to be made and what effect such additional allocation awards will
have on the current annual or quarterly dwelling unit allocation or current annual
allocation for non-residential floor space. To ensure that the residential dwelling unit
allocations set forth in section 9.5-122 and 9.5-124.4 are not exceeded, the director of
planning shall inform the planning commission of the results of the appeal and the
disposition of any additional allocation awards."
Section 2. Section 9.5-266(a)(3), Monroe County Code, is hereby amended to read as follows:
"(3) Market rate housing developed in accordance with paragraph (8) below shall be
eligible to receive points pursuant to section 9.5-122.4(1)."
Section 3. Section 9.5-266(a)(5), Monroe County Code, is hereby amended to read as follows:
"(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270, some or all
of any lawfully established floor area situated on a parcel shall be excluded from
the calculation of the total gross of development allowed on the parcel if at least
one affordable or employee housing unit is co-located on the parcel. For purposes
of this exclusion a Hoor area ratio of twenty-five (25) percent shall be assumed.
The exclusion of floor area shall be in accordance with the following eriteria:
a. If the parcel of land is less than two (2) gross acres, the project's
total nonresidential floor area or two thousand (2,000) square feet,
whichever is less, shall be excluded from the calculation; or
b. If the parcel of land is two (2) or more gross acres, the project's
total nonresidential floor area or four thousand (4,000) square feet,
whichever is less, shall be excluded from the calculation."
Section 4. Section 9.5-266(a)(6)d, Monroe County Code, is hereby deleted, and Sections 9.5-
266(a)(6) b. through f., Monroe County Code, are hereby amended to read as follows:
"b. Except as provided for under the special provisions for employer-owned rental
housing as set f011h under paragraph (6) k. below, if the affordable housing
dwelling unit is designed for employee housing, the use of the dwelling is
restricted to households that derive at least seventy (70) percent of their household
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income from gainful employment in Monroe County and meet the adjusted gross
annual income limits for median income as defined in section 9.5-4(A-5).
c. The use of the affordable or employee dwelling unit is restricted for the period
specified in section 9.5-266(f)(1).
d. Tourist housing use or vacation rental use of affordable or employee housing units
is prohibited.
e. The parcel of land proposed for development of affordable or employee housing
shall only be located within a Tier III designated area."
Section 5. Sections 9.5-266(a)(6) g. through L, Monroe County Code, are hereby renumbered to
f. through k. respectively.
Section 6. Section 9.5-266(a)(8), Monroe County Code, is hereby amended to read as follows:
"a. The use of the market rate housing dwelling unit is restricted for a period of at
least thirty (30) years to households that derive at least seventy (70) percent of
their household income from gainful employment in Monroe county.
b. Tourist housing use and vacation rental use of the market rate housing dwelling
unit is prohibited."
Section 7. Section 9.5-266(a)(9), Monroe County Code, is hereby deleted.
Section 8. Section 9.5-266(t)( 1), Monroe County Code, is hereby amended to read as follows:
"( I) Before any building permit may be issued for any structure, portion or phase of a
project subject to this section, a restrictive covenant(s) shall be approved by the
growth management director and county attorney and recorded in the office of the
clerk of the county to ensure compliance with the provision of this section
running in favor of Monroe County and enforceable by the county and, if
applicable, a participating municipality. The following requirements shall apply
to these restrictive covenants:
a. Except as provided for under paragraph (I )d., below, the covenants for
any affordable or employee housing units partly or wholly financed by a
public entity other than Monroe County shall be effective for a period of at
least fifty (50) years.
b. Except as provided for under paragraph (I )d., below, the covenants for
any affordable or employee housing units relying wholly upon private
non-public financing shall be effective for at least thirty (30) years.
c. The covenants for any affordable or employee housing units partly or
wholly financed by Monroe County shall be effective for a period of at
least ninety-nine (99) years.
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d. If approved by the Board of Commissioners as a condition of the
reservation of a ROGO allocation pursuant to section 9.5-122(b) or if part
of a project involving any market rate housing awarded ROGO points
under sec. 9.5-122.4(f), the covenants for any affordable or employee
housing shall be restricted to use as an affordable housing or employee
dwelling unit for a period of at least ninety-nine (99) years.
e. The covenants shall not commence running until a certificate of
occupancy as been issued by the building official for the dwelling unit or
dwelling units to which the covenant or covenants apply."
Section 9. Section 9.5-266(1)(2) d., Monroe County Code, is hereby deleted and Section 9.5,
266(f)(2) e. is renumbered to Section 9.5-266(1)(2)d.
Section 10. Section 9.5-266(f)(7), Monroe County Code, is hereby created that reads as follows:
"(7) Upon written agreement between the planning director and an eligible
governmental or non-governmental entity, the planning director may authorize
that entity to administer the eligibility and compliance requirements for the
planning department under paragraphs (3),(4),(5) and (6) above. Under such an
agreement, the eligible entity is authorized to qualify a potential owner-occupier
or renter of affordable, employee, or market rate housing developed as part of an
employee or affordable housing project, and annually verify the employment
and/or income eligibility of tenants pursuant to section 9.5-266(1)(2). The entity
shall still be required to provide the planning department by January 1 of each
year a written certification verifying that tenants of each affordable, employee, or
market rate housing meet the applicable employment and income requirements of
paragraph (2) above. The following governmental and non-governmental entities
shall be eligible for this delegation of authority:
a. The Monroe Housing Authority, not-for-profit community development
organization(s) pursuant to section 9.5-266(e), and other public entities
established to provide affordable housing;
b. Private developers or other non-governmental organizations participating
in a federal/state housing financial assistance or tax credit program or
receiving some form of direct financial assistance from Monroe County;
or
c. Non-governmental organizations approved by the board of county
commissioners as affordable housing providers. ,.
Section 11. Section 9.5-266(f)(8), Monroe County Code, is hereby created that reads as follows:
"(8) Should an entity fail to satisfactorily fulfill the terms and conditions of the written
agreement executed pursuant to paragraph (6) above, the planning director shall
provide \vritten notice to the subject entity to show cause why the agreement
should not be terminated within thirty (30) days. If the entity fails to respond or is
unable to demonstrate to the satisfaction of the planning director that it is meeting
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the terms and conditions of its agreement, the agreement may be terminated by
the planning director within thirty (30) days of the written notice."
Section 12. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 13. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 14. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed or deposited pursuant to the requirements of any ordinance.
Section 15. 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 Department of Community Affairs or
Administration Commission approving the ordinance.
Section 16. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 17. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the _ day of , A.D., 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONROe: COUNTY ATTORNEY
i~Pf~o-:e~D ~~!l r?Rfp f {'4 j
i r ~ ij V -"--0..,
BY
11ht.:
Deputy Clerk
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~ \ . I<
STAFF REPORT
BOARD OF COUNTY COMMISSIONERS
MARATHON EOC ROOM
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305- 289-2500 conaway-marlene@monroecouny-fl.gov
November 28, 2004
TO:
Monroe County Board of County Commissioners
FROM:
K Marlene Conaway, Director
RE:
ROGO Land Development Regulations to implement Goal 105
Introduction
Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability. Attached is the proposed amendment to the Comprehensive Plan
to implement the goal, Rule 28-100 and the Florida Keys Carrying Capacity Study
(FKCCS).
Staff is recommending that three public hearings be held before the Board of County
Commissioners, one in each area, before adoption of the Transmittal Resolution.
Hopefully, this schedule will allow us to finish the adoption process by June 2005.
Background
The Board of County Commissioners (BOCC), at a regular meeting on January 21,2004,
directed Growth Management staff to prepare an ordinance deferring RaGa and
NROGO allocation awards in areas containing tropical hardwood hammock or pinelands
of two acres or greater within Tier I - Conservation and Natural Areas (CNA), while staff
prepares draft text and map amendments and other supporting studies in order to
effectuate the provisions of Goal 105 of the 2010 Comprehensive Plan, and Rule 28-
20.100 FAC.
The Planning Commission reviewed the staff proposed draft at a workshop in June and an
amended draft in four public meetings in September, October and November 2004. The
Planning Commission approved several amendments and voted to recommend the
attached draft to the BOCC on November 3,2004. During the summer three focus group
meetings were held; two with the construction industry representatives and one with a
group of interested individuals and environmental groups, Several planned meetings were
cancelled due to the hurricanes and finally two evening community workshops, one in
Key Largo and one in Sugarloaf, were held in October.
ROGO Amendment
Overview
ROGO has been completely redrafted utilizing the Tier System as the basis. A
comparison between the proposed ROGO and the existing system is attached (A). Where
the current ROGO has eighteen criteria for assigning points, the proposed ROGO
contains six criteria. The habitat protection and reduction of sprawl, which are the
planning reasons for most of the points, were considered during drafting and are the basis
Page I of3
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289- 2500 conaway-marlene@monroecouny-fl.gov
of the Tier maps. The sustainability points, water and energy conservation, are more
appropriately addressed in the building code.
The proposed ROGO is a positive system, awarding major points for the Tier location of
a property: Tier III - +30 points; Tier II - +20 points; Tier I - 0 points. The point system
is different on BPK and NNK because the Habitat Conservation Plan for the islands
controls the permitting. Points may be accrued by donating lots to the county for
preservation in Tier I and Tier II. Additional points can be gained in Tier II and Tier III
by aggregating lots.
A change to the points for the donation of platted lots awards a point for each 5,000
square feet of a Suburban Residential (SR) platted lot and 1/2 point for a 5,000 square
foot Native CNA) or Suburban Residential (SR) lot. An Improved Subdivision (IS), Urban
Residential Mobile Homme (URM) and Commercial Fishing (CFV) platted lot is
buildable and receives four points. The single point value for unbuildable platted SR lots
and 1/2 point for NA and SS lots reflects the comparative buildability. Awarding points
for unbuildab1e lots to encourage donation is in response to a BOCC direction.
Major changes are proposed for affordable housing to assure they remain affordable for
the workforce, long term. Allocations for affordable/employee housing will only be
made for projects in Tier II and Tier III. Any projects receiving public financial
assistance will be required to keep the projects affordable for 99 years. Affordable
ROGO allocations will be provided on a first come, first served basis with the ability for
public or private agencies to reserve allocations with BOCC approval contingent upon
keeping the projects affordable for 99 years. To encourage mixed income projects, the
20% market rate housing permitted in employee housing projects will qualify for +3
points in ROGO.
Issues
1. Points Awarded and Administrative Relief: The Planning Commission (PC) has
recommended increasing the time limit to apply for Administrative Relief after four years
from 120 days to 180 days. They have also recommended deleting the Perseverance
Points for applications in the system for more than four years. Applicants currently
receive one point for each year in the system for the first four years and two points for
every year over four years. The logic behind the change is that after four years an
applicant, depending on the Tier and environmental quality of the lot should either be
awarded a permit or receive an offer to purchase the lot. By providing two points a year
after four years allocations may be awarded in inappropriate areas.
Staff recommends that if the BOCC agrees with the PC and deletes the provision for
points to be awarded after four years that the number of Administrative Relief awards
that can be made in anyone quarter be limited to fifty percent of the total available to be
awarded. This is to maintain the competitiveness of the allocation system and to assure
that all of the awards are not only made to those who are in the system four years. The
Board may also want to require that the "preferred relief' for any lot scoring less than
+ 30 points will be an offer to purchase.
Page 2 on
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 conaway-marlene(llJmonroecouny- fl.gov
2. Payment into a Land Acquisition Fund for Points: A purchase of points option
was considered and not recommended by the PC. Up to three points could be purchased
for a fee approximately equal to the cost per point of purchasing and dedicating a ROGO
lot. The PC is concerned that by changing the system there would be less conservation
lots purchased. Staff still considers this a viable option and recommends that the BOCC
consider adopting the following LDR amendment along with the proposed policy
amendment to the Comprehensive Plan.
CD Payment to land acquisition fund: Up to three (3) points shall be awarded for a monetary payment
to the County's Land Acquisition Fund for the purchase by the County of lands for conservation and
affordable housing and retirement of development rights. Points for payment to this fund shall be assigned
as follows:.!.
Point Assignment: iteria:
+ 1 to +3 Proposes payment to the County's Land Acquisition
Fund in an amount equal to the monetary value of a
ROGO dedication point times the number of points
to be purchased up to a maximum of three (3)
points.
Additional Requirements:
I.The monetary value of each point sh all be
established annually by resolution of the board
of county commissioners.
2. The monetary value of each point shall be based
upon the average ad valorem value of privately-
owned, vacant, ISfURM platted lots divided by
four (4).
3. Payment to the County's Land Acquisition Fund
shall be made prior to the issuance of any
building permit pursuant to an allocation award.
3. Hybrid ROGO System: An alternative ROGO system, which proposes that the
market rate housing share be allocated through both a competitive system and a lottery
system, was reviewed and not recommended by the Planning Commission. Staff has
attached the language in the BOCC packet to provide an opportunity for Board review of
the issue. The testimony in the PC public hearings was not in support of the proposal.
Approximately 20% of the market rate housing would be available through the lottery
and the remainder available for those applicants who wish to have the assurance gained
from the competitive system. The applicant determines if he wants to compete or enter
the lottery. A threshold of 30 points is required to be eligible to enter the lottery. This
duel system would provide a means for those who cannot afford to purchase lots to
donate for points to have a chance of receiving an allocation. After four years applicants
that have not received an allocation can apply for Administrative Relief.
I This new provision allows payment to a County Land Acquisition Fund in lieu of lot dedication; however,
the number of points that can be purchased are limited to only three.
Page 3 of3
Attachment A
Comparison of Current &
Proposed ROGO Point System
Existin!! Action Tier System
1 )Platted Subdivision Infill Delete Included in Tier III
2) Infrastructure Availability Delete Included in Tier III
3) Lot Aggregation Keep + 4 points in Tier II and Tier III
4) Acreage Tract Density Delete Acreage tracts in Tier I should not receive
Reduction additional points
5) Land dedication Keep +4 Points legally platted buildable lot in Tier I
and II, 5000 sf Tier I lot res. low - + 1 point max
net and + II2 point no max net. +4 points acre
of buildable land.
6) Affordable Housing Delete Affordable housing has a separate allocation.
7) Habitat Protection Delete Included in Tier I - High/moderate quality
hammock, Tier II - Low Quality hammock
8) Threatened and Endangered Delete Included in Tier I
Species
o Turtle nesting area protected oSee. 9.5-349(p) - Turtle nesting area
9) Critical Habitat Areas Deleted Included in Tier 1
10) Perseverance Points Keep + 1 for first 4 years
Delete After 4 years - Administrative Relief
] 1) Coastal High Hazard Area Change -4 Points "Y" zone on FEMA maps in all Tiers
12) Coastal Barrier Resources Delete Included in Primarily Tier I
System
13) Off shore Islands and De lete Included in Tier 1 by definition
Conservation Land Protection
Areas
14) Transferable development Delete TDR's need rewriting - receiving areas mainly
rights (TDR) in Tier] and Tier II
15) Historic Resources Delete Sec. 9.5-45] -460 only refers to designated. PC
- Add to development review check list.
16) Water Conservation Delete Required in Building Code
17) Energy Conservation Delete Purpose of competition to direct development
to appropriate areas
18) Structural integrity of Delete Purpose of competition to direct development
construction to appropriate areas
Add Market rate employee housing
+ 3 Points - encourage mixed income
Add Central Sewer
+4 Points - priority for units with central sewer
conaway-marlene
12/1 /2004
PLANNING COMMISSION RESOLUTION
BOARD OF COUNTY COMMISSIONERS
MARATHON-EOCROOM
, .
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE
COUNTY PLANNING DEPARTMENT TO APPROVE AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO
REVISE SECTIONS 9.5-120 THROUGH 9.5-123, RATE OF GROWTH
ORDINANCE (ROGO), TO UTILIZE THE TIER OVERLAY AS THE BASIS
FOR THE COMPETITIVE POINT SYSTEM; SPEClFIC REGULATIONS,
EV ALUA TION CRITERIA AND POINT ASSIGNMENTS TO IMPLEMENT
THE BIG PINE KEY AND NO NAME KEY HCP AND MASTER PLAN ARE
INCLUDED AND AMENDMENTS TO SECTION 9.5-266(a)(3), SECTION
9.5-266(a)(6)c, d, f, SECTION 9.5-266(a)(8)a, SECTION 9.5-266(f)(1),
SECTION 9.5-266(f)(3), SECTION 9.5-266(f)(6), AND SECTION 9.5-266(f)(7)
AFFORDABLE AND EMPLOYEE HOUSING LIMITING ALLOCATIONS
TO TIER II AND TIER III APPLICATIONS AND PROVIDING AUTHORITY
TO THE BOARD OF COUNTY COMMISSIONERS TO REQUIR.E A 99
YEAR RESTRICTIVE COVENANT AS A CONDITION OF RESERVATION
OF ROGO ALLOCATIONS.
WHEREAS, the Monroe County Planning Commissioner, during a public hearing held
November 16, 2004, reviewed and considered the proposed amendment to the Land Development
Regulations to utilize the Tier overlay maps as the basis for the competitive ROGO point system,
modifications to Administrative Relief provisions and amendments to the affordable and
employee housing sections of the LDRS limiting allocations to Tier II and Tier III applications
and providing authority to the Board of County Commissioners to require a 99 year restrictive
covenant as a condition of reservation of ROGO allocation; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include:
Tier Overlay Map designations in accordance with Goal 105; revisions to ROGO and NROGO
based on the Tier system utilizing a positive approach that predominately relies on land
dedication and aggregation; and revisions to the environmental regulations based on the Tier
system rather than the existing Habitat Evaluation Index; and
WHEREAS, Goal 105 provides a framework for future development and land acquisition
for the next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability; and
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer
mapping (GIS), identifying areas appropriate for additional development and those, which are
important environmentally and should be preserved; and
WHEREAS, ROGO has been completely redrafted utilizing the Tier System as its basis;
and
WHEREAS, the proposed ROGO is a positive system, awarding major point for the tier
location of a property: Tier III = +30 points; Tier II = + 20; Tier I = 0 points. Points may be
accrued by donating lots to the County for preservation in Tier I and Tier II. Additional points
can be gained in Tier II and III by aggregating lots; and
WHEREAS, a separate point system has been included for Big Pine Key and No Name
Key that follows the requirements of the Habitat Conservation Plan permit application and the
Livable CommuniKeys Master Plan for the Islands; and
WHEREAS, Tier I includes all contiguous hammock areas above four acres and
restoration areas between fragmented smaller hammock patches to increase the hammock size and
buffers where possible. Hammock size is a major determinate of habitat quality according to
FKCCS, which is why size and connectivity were used to identify the best and most important
terrestrial habitat areas for preservation; and
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding
development; the quality is reduced because of the negative secondary impacts of development
These areas still contain a large number of undeveloped lots; and
WHEREAS, Tier III is the infill area where future development is appropriate and
applications will receive thirty positive points in ROGO encourage development in these areas;
and
WHEREAS, major changes are proposed for affordable housing to assure they remain
affordable housing for the workforce, long term. Reservations for affordable/employee housing
may be made for projects in Tier I and Tier II to public and private entities which agree to keep
the projects affordable for 99 years; and
WHEREAS, the 20% market rate housing permitted in employee housing projects will
qualify for +3 points in ROGO, to encourage mixed income projects; and
WHEREAS, the Planning Commission, after reviewing the amendment and hearing
comments at four public hearings, directed staff to make amendments to incorporate changes to
the County's ROGO regulations based on the Tier system; and
WHEREAS, the Planning and Environmental Resources Department have made changes
to the proposed draft based on comments at the public workshops and hearing and direction of the
Planning Commission; and
WHEREAS, the Planning Commission, after hearing public comments and staff input at
four public hearings, finds the proposed amendments to the Land Development Regulations to
utilize the Tier overlay maps as the basis for the competitive ROGO point system, modifications
to the administrative relief, amendments to the affordable and employee housing provisions of
the LDRS limiting allocations to Tier II and Tier III applications and providing authority to the
Board of County Commissioners to require a ninety-nine year restrictive covenant as a condition
of reservation of ROGO allocation are consistent with and further goals, objectives and policies of
the Year 2010 Comprehensive Plan, particularly Goal 105 and recently adopted set of
comprehensive plan amendments to effectuate the Tier system;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Monroe County Board of
County Commissioners of the following amendment to the Land Development Regulations:
Section 1. Amend Sections 9.5-120 through 9.5-123 and Sections 9.5-125 through 9.5-140 to
read as follows:
DIVISION 1.5 RATE OF GROWTH ORDINANCE
Sec. 9.5-120. Residential rate of growth ordinance (ROGO).
(a) Purpose and intent: The purposes and intent of residential ROGO are:
(l) To facilitate implementation of goals, objectives and policies set forth in
the comprehensive plan relating to protection of residents, visitors and property in
the county from natural disasters, specifically including hurricanes;
(2) To limit the annual amount and rate of residential development commensurate
with the county's ability to maintain a reasonable and safe hurricane evacuation
clearance time;
(3) To regulate the rate and location of growth in order to further deter deterioration
of public facility service levels, environmental degradation and potential land use
conflicts;
(4) To allocate the limited number of dwelling units available annually
hereunder, based upon the goals, objectives and policies set forth in the
comprehensive plan; and,
(5) ITo implement Goal 105 of the comprehensive plan.
(b) Definitions: The words or phrases used in this division shall have the meanings
prescribed in this chapter, except as otherwise indicated as follows: 2
Allocation period means a defined period of time within which applications for the
residential ROGO allocation will be accepted and processed.
Annual allocation period means the twelve-month period beginning on July 13, 1992,
(the effective date of the original dwelling unit allocation ordinance), and subsequent one-year
periods.
Annual residential ROGa allocation means the maximum number of dwelling units for
which building permits may be issued during an annual allocation period.
Buildable lot or parcel means the lot or parcel must contain a minimum of two-thousand
(2,000) square feet of upland, including any disturbed wetlands that can be filled pursuant to this
chapter.
Controlling date means the date and time a ROGO application is submitted. This date
shall be used to determine the annual anniversary date for receipt of a perseverance point(s) and
I Added to include Goal 105 to the purpose and intent.
2 The definitions for threatened and endangered species have been removed, the previous criteria are no longer
needed since they are included in the Tier map designations.
shall determine precedence when ROGO applications receive identical ranking scores. A new
controlling date shall be established based upon the re-submittal date and time of any withdrawn
or revised application, except pursuant to section 9.5-122.1 (h).
Quarterly allocation period means the three-month period beginning on July 13, 1992, or
such other date as the board may specify, and successive three-month periods.
Quarterly residential ROGO allocation means the maximum number of dwelling units
for which building permits may be issued in a quarterly allocation period.
Residential dwelling unit means a dwelling unit as defined in section 9.5-4 of the Momoe
County Code, and expressly includes the following other terms also specifically defined in
section 9.5-4: hotel rooms, campground spaces, mobile homes, transient residential units,
institutional residential units (except hospital rooms) and live-aboards.
Residential ROGO allocation means the maximum number of dwelling units for which
building permits may be issued in a given time period.
Residential ROGO allocation award means the approval of a residential ROGO
application for the issuance of a building permit.
ROGO application means the residential ROGO application submitted by applicants
seeking allocation awards.
Sec. 9.5-120.1. General provisions.
(a) Residential ROGO allocation award required: No building permit shall be issued
unless the dwelling unit has received a residential dwelling unit allocation award, or is
determined to be exempt as provided below.
(b) Effective date: Any ROGO application which has not received an allocation
award as of the effective date of this division shall be processed and evaluated pursuant to the
provisions of this division.
(c) Yearly review and monitoring: As required by the comprehensive plan, as
requested by the planning commission or the board, or as otherwise necessary, the planning
director shall consider the rate, amount, location, and ratio of market rate to affordable housing
residential dwelling units available for development in the county. The plann'ing director shall
also monitor the effects of such development and determine the conformity of such development
with the comprehensive plan and this chapter. This review, in whole or in part, may form the
basis for recommendations by the planning director or the planning commission to the board for
action to repeal, amend or modify the ROGO allocation system.
(d) Affected area: The ROGO allocation system shall apply within the unincorporated
area of Monroe County, Florida, which, for purposes hereof, has been divided into subareas as
follows:
(1) Upper Keys: The unincorporated area of Monroe County north of Tavernier
Creek and corporate limits of the Village of lslamorada (approximately mile
marker 90).
(2) Lower Keys: The unincorporated area of Monroe County from the corporate limits of the
Village of Islamorada (approximately mile marker 72) south to the corporate limits of the
City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4),
excluding Big Pine Key and No Name Key. 3
(3) Big Pine Key and No Name Key: The islands of Big Pine Key and No Name Key within
unincorporated Monroe County.
Sec. 9.5-120.2. Type of development affected
The residential RaGO shall apply to all residential dwelling units for which a building
permit is required by this chapter and for which building permits have not been issued prior to
the effective date ofthe RaGa allocation system, except as otherwise provided herein.
Sec. 9.5-120.3. Type of development not affected.
The residential RaGa shall not apply to the development described below:
(a) Redevelopment on-site: Redevelopment, rehabilitation or replacement of any
lawfully established residential dwelling unit or space which does not increase the number of
residential dwelling units above that which existed on the site prior to the redevelopment,
rehabilitation or replacement.
(b) Transfer off-site: Transfer off-site shall consist of either the demolition or a
change of use from residential to non-residential of a unit or space from a sender site and the
development of a new unit on a receiver site as indicated below.
(1) Eligibility of sender unit or space: A hotel room, mobile home, dwelling unit, or
recreational vehicle/campground space that is lawfully established.
(2) Criteria Jar redevelopment off-site: In order to redevelop off-site, a receiver site
must be evaluated for both its structural and site conditions.
a. Transfer to a hotel: A hotel or hotel room may be developed if the:
(i) Sender unit is eligible and provided that it was used as a hotel
room in accordance with section 9.5-4; and4
(ii) Receiver site meets all of the following criteria:5
(1) Is located in the same ROGO subarea as the sender site;
and
3 The Middle and Lower Keys arc combined because of the small area of unincorporated Momoe County remaining
within the existing middle Keys boundary.
4 The provision to allow transfer of recreational vehicle spaces has been deleted; County currently has a moratorium
on such transfers.
5 The requirement that affordable housing must be attached has been removed to allow transfers to single-family
lots.
(2) 6Is located within a Tier III designated area.
b. Transfer to affordable housing: An affordable housing unit may be
developed if the receiver unit meets all of the following criteria:
(i) The proposed unit is an affordable house pursuant to sections 9.5-
4(A-5) and 9.5-266; and
(ii) Is located in the same ROGO subarea as the sender site; and
(iii) Is located in a Tier III designated area or, if located in a Tier II
designated area, clearing of upland native vegetation is limited to
less than five-thousand (5,000) square feet or the open space
requirements of Section 9.5-347, whichever is less.7
(3) Procedures for transfer off-site:
a. 8 A pre-application conference and at a minimum, a minor conditional use
permit, shall be required for both the sender site and the receiver site. The
minor conditional use for the transfer shall be reviewed pursuant to criteria
in section 9.5-120.3 and not criteria in section 9.5-65. The sender site
shall not require posting.
b. A sender unit shall be assigned a unique identifier number that shall be
used for tracking and monitoring by the planning department. Multiple
units to be transferred from a sender site may be authorized under a single
conditional use approval.
c. The unique identifier number shall be itemized in the conditional use
permits required for both the sender and receiver sites.
(4) Conditions for Issuance of Permit: No building permit shall be issued for the new
unit on the receiver site until one of the following conditions is met:
a. The unit is demolished as per an issued demolition permit and a final
inspection for the demolished unit or space has been completed by the
building department for the sender site; or
b. The unit is removed pursuant to a development approval, development
order, or a development permit is issued and a final inspection for the
removed unit is completed by the building department for the sender site.
(c) Nonresidential use: Nonresidential uses are not affected by residential ROGO.
(d) Development not increasing hurricane evacuation times: Any applicant that can
demonstrate with a traffic study acceptable to Monroe County traffic engineers that their
proposed development will not increase hurricane evacuation times. All residential dwelling
6 Transfer will only be allowed in Tier III areas in conformance with Goal 1 05 and the FKCCS.
i This implements new Policy 205.2.7
8 The minor conditional use process is required for accounting purposes only.
units to be located in the area designated as Zone 7 (North Key Largo area) are deemed not to
increase hurricane evacuation times.
(e) Public/governmental uses: Public/governmental uses, including capital
improvements and public buildings, as are defined in section 9.5-4.
(f) Other nonresidential development: Any other use, development, project, structure,
building, fence, sign or activity, which does not result in a new residential dwelling unit.
(g) Vested rights: Landowners with a valid, unexpired development of regional
impact approval granted by the county prior to July 13, 1992, shall be exempt from the
residential ROGO system.
Sec. 9.5-120.4. Moratorium on new transient units.
New transient residential units, such as hotel or motel rooms, or campground,
recreational vehicle or travel trailer spaces, shall not be eligible for residential ROGO allocations
until December 31, 2006.
Sec. 9.5-121. Reserved.
Sec. 9.5-122. Residential ROGO allocations.
9(a) Number of available annual residential ROGO allocations: The number of market
rate residential ROGO allocations available in each subarea of unincorporated Momoe County
and the total number of affordable residential ROGO allocations available county-wide on a
yearly basis shall be as follows:
Subarea10
Upper Keys
Lower Keys
Big Pine and No Name Keys
Number of Dwelling Units
61
57
~
Total Market Rate
126
Affordable dwelling units
Very Low, Low, and Median Incomes 36*
Moderate Income 35*
71
llTotal units a year 197
*Includes one (1) for Big Pine Key and No Name Key.
9 The allocation formula is revised from the 1992 analysis excluding the IS and URM vacant lots on Big Pine Key
and No Name Keys, which contain 1586 lots, 20% of the total vacant lots and 34% of the lots in the Lower Keys.
The allocation for BPK and NNK is based on the HCP. The totals for market rate and affordable housing reflect the
draft Rule proposed by the Florida Administration Commission.
10 The Lower and Middle Keys ROGO planning areas have been combined due to incorporation of Islamorada and
Marathon.
II The number of allocations is based on the current allocation of 197 for the County excluding the 20 percent
reduction enacted by the Florida Administration Commission.
(1) Yearly residential ROGO allocation ratio: Each subarea shall have its number of
market rate residential ROGO allocations available per ROGO year. Affordable
RaGO allocations shall be available for county":wide allocation except for Big
Pine Key and No Name Key, The annual allocations for Big Pine Key and No
Name Key shall be eight (8) market rate and two (2) affordable dwelling units.
(2) Quarterly residential ROGO allocation ratio: Each subarea shall have its number
of market rate housing residential RaGa allocations available per RaGO quarter
determined by the following formula:
a. Market rate residential RaGO allocations available in each subarea per
quarter is equal to the market rate residential RaGO allocations available
in each subarea divided by four (4).
b. Affordable housing residential RaGO for all four (4) ROGa quarters
including the two available for Big Pine Key shan be made available at the
beginning of the first quarter for a ROGO year.
(3) Ratio of affordable housing ROGO allocations to market rate ROGO allocations:
Prior to October of each year, the board of county commissioners may adopt a
resolution changing the ratio of affordable housing to market rate ROGO
allocations based upon the recommendations of the planning director and
planning commission arising from the annual review of ROGO. This ratio may
be amended pursuant to the following:
a. The percentage of affordable housing shall never be less than twenty (20)
percent of the total RaGO allocations available or the minimum
established by rule of the Florida Administration Commission, whichever
is greater.
b. The increase or decrease in the percentage of affordable housing of the
total ROGa allocations available shall not exceed fifty (50) percent of the
previous year's ROGa allocations to market rate and affordable housing.
(4) Ratio of very low income, low income, and median income allocations to
moderate income allocations: The Planning Commission may amend these
proportions for affordable housing during any ROGO quarter.
(5) Big Pine Key and No Name Key: All residential development on Big Pine Key
and No Name Key is subject to the provisions of the Incidental Take Permit and
the Habitat Conservation Plan for the Florida Key Deer and other covered species,
which may affect ROGO allocations under this chapter.12
(b) Resen1ation of affordable housing allocations: Notwithstanding the provisions of
section 9.5-122.2 for awarding of allocations for affordable housing, the board of county
commissioners may reserve by resolution some or all of the available affordable housing
allocations for award to certain sponsoring agencies or specific housing programs consistent with
12 This language is necessary to provide the basis for making unforeseen adjustments in the ROGO allocations on
Big Pine Key and No Name Key that may be necessitated by the restrictions contained in the "H" budget of the HCP
and lncidental Take Perrn.it.
all other requirements of this chapter. Building permits for these reserved allocations shall be
picked up within six (6) months of the effective reservation date, unless otherwise authorized by
the board of county commissioners in its resolution. The board of county commissioners may at
its discretion place conditions on any reservation as it deems appropriate. These reservations
may be authorized by the board of county commissioners for: 13 ,
(1) The Monroe County Housing Authority, nonprofit community development
organization(s) pursuant to section 9.5-266(e), and other public entities
established to provide affordable housing by entering into a memorandum of
understanding with one or more ofthese agencies;
(2) Specific affordable or employee housing projects participating in a federal/state
housing financial assistance or tax credit programs or receiving some form of
direct financial assistance from the county upon written request from project
sponsor and approved by resolution of the board of county commissioners;
(3) Specific affordable or employee housing projects sponsored by non-governmental
not-for profit organizations above upon written request from the project sponsor
and approved by resolution of the board of county commissioners;
(4) Specific affordable or employee housing programs sponsored by the county
pursuant to procedures and guidelines established time to time by the board of
county commissioners;
(5) Specific affordable or employee housing projects by any entity, organization, or
person, contingent upon transfer of ownership of the underlying land for the
affordable housing project to the county, a not-for-profit community development
organization(s), or other entity approved by the board of county commissioners,
upon written request from the project sponsor and approved by resolution of the
board of county commissioners; or
(6) Rental employee housing projects, situated on the same parcel ofland as the non-
residential workplace for the tenants of these projects, upon written request from
the property owner and approved by resolution of the board of county
commISSIOners.
(c) Affordable housing allocation awards and eligibility:
(1) The definition of affordable housing shall be as specified in sections 9.5-4 and 9.5-266.
(2) Any portion of the annual affordable housing allocation not used for affordable housing
at the end of a ROGO year shall be made available for affordable housing for the next ROGO
year.
13 This provision codifies the practice of the County to provide allocations for specific projects and gives the Board
more flexibility in applying these allocations to where they are most needed. It eliminates the need for these
projects to go through the ROGO competition process and provides some certainty to housing provider agencies for
planning and funding of their housing projects. Furthermore, this proposed language provides additional incentives
for owners of non-residential properties to provide affordable rental housing and employers to provide on-site
housing for employees.
(3) Any portion of the residential ROGO allocations not used shall be retained and be
made available for affordable housing from ROGO year to ROGO year.
(4) 14No affordable housing allocation shall be awarded to applicants located within a
Tier I designated area, within a V-zone on the county's flood insurance rating
map, or within a Tier II designated area that results in the clearing of upland
native vegetation of more than five-thousand (5,000) square feet or the open space
requirements of Section 9.5-347, whichever is less.
(5) 150nly affordable housing allocations for Big Pine Key may be used on Big Pine
Key. No affordable housing allocation may be used on No Name Key.
(d) Residential dwelling unit allocation required: From and after the effective date of
the dwelling unit allocation system, the county shall issue no building permit for a residential
dwelling unit unless such dwelling unit:
(1) Has a residential dwelling unit allocation award; or
(2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is
deemed vested pursuant to section 9.5-120.3.
Section 9.5-122.1 Application procedures for residential ROGO.
(a) Application for allocation: In each quarterly allocation period, the department of
planning and enviromnental resources shall accept applications to enter the residential ROGO
system on forms prescribed by the planning director. Except for allocations to be reserved and
awarded under section 9.5-122 (b), the ROGO application form must be accompanied by an
approved building permit application and a nonrefundable processing fee in order to be
considered in the current allocation period. The planning director shall review the ROGO
application for completeness. If determined to be incomplete, the planning director shall reject
the ROGO application and notify the applicant of such rejection, and the reasons therefore,
within ten (10) working days. The application shall be assigned a controlling date that reflects.
the time and date of its submittal unless the application is determined to be incomplete. If the
application is rejected then the new controlling date shall be assigned when a complete
application is submitted.
(b) Feefor review of application: Each ROGO application shall be ,accompanied by a
nonrefundable processing fee as may be established by resolution of the board. Additional fees
are not required for successive review of the same ROGO application unless the application is
withdrawn and resubmitted.
(c) Compliance with other requirements: The ROGO application shall indicate
whether the applicant for a residential dwelling unit allocation has satisfied and complied or not
with all county, state and federal requirements otherwise imposed by Monroe County regarding
14 As all future development is to be discouraged within Tier I, it would be inappropriate to provide incentives for
affordable housing program in areas where development should not occur. Furthermore, in Tier II clearing of
existing tropical hardwood hammock or pinelands should be limited to protect isolated, but locally important
environmental habitats.
15 The Hep for BPK and 1'<'NK only allows for a total of IO permits to be issued under a ROGO allocation per year.
conditions precedent to issuance of a building permit and shall require that the applicant certify
to such compliance.
(d) Non-county time periods: The county shall develop necessary administrative
procedures and, if necessary, enter into agreements with other jurisdictional entities which
impose requirements as a condition precedent to development in the county, to ensure that such
non-county approvals, certifications and/or permits are not lost due to the increased time
requirements necessary for the county to process and evaluate residential dwelling unit
applications and issue allocation awards. The county may permit evidence of compliance with
the requirements of other jurisdictional entities to be demonstrated by "coordinating letters" in
lieu of approvals or permits.
(e) Limitation on number of applications:
(1) An individual entity or organization may submit only one (1) ROGa application per unit
in each quarterly allocation period.
(2) There shall be no limit on the number of separate parcels for which RaGO applications
may be submitted by an individual, entity or organization.
(3) A RaGa application for a given parcel shall not be for more dwelling units than
are permitted by this chapter or the comprehensive plan.
(f) Expiration of allocation award: Except as provided for in this division, an
allocation award shall expire when its corresponding building permit is not picked up after sixty
(60) days of notification by certified mail of the award or, after issuance of the building permit,
upon expiration of the permit pursuant to chapter 6.0.]6
(g) Borrowing from future housing allocations:
(1) The planning commission may award additional units from future annual dwelling
unit allocations to fully grant an application for residential units in a project if .
such an application receives an allocation award for some, but not all, of the units
requested. ]7
(2) The board of county commissioners in approving affordable housing allocations
pursuant to section 9.5-122 (c) may award additional units from future annual
dwelling unit allocations if the number of available allocations is insufficient to
meet specific project needs. ]8
(3) The planning commission or board of county commissioners shall not reduce any
future allocation by more than twenty (20) percent and shall not apply these
16 The existing language has been revised to reflect adopted amendments in the Building Code (Chapter 6.0) and
Section 9.5-113.
17 This revised language expands the eligibility of units to apply future allocations from multi-family to any type of
residential unit in a multi-unit project
18 This new language gives the board, similar to the planning commission, authority to borrow future allocations for
affordable housing.
reductions to more than five (5) annual allocations or twenty (20) quarterly
allocati ons.19
(h) 20Revision of ROGO application: An applicant may elect to revise a ROGO
application to increase the competitive points in the application without, prejudice or change in
the controlling date, if a revision is submitted on a form approved by the planning director to the
planning and environmental resources department by no later than thirty (30) days following the
planning commission approval of the previous ROGO rankings.
(i) Clarification of application data:
(1) At any time during the dwelling unit allocation review and approval process, the
applicant may be requested by the director of planning or the planning
commission, to submit additional information to clarify the relationship of the
allocation application, or any elements thereof, to the evaluation criteria. If such a
request is made, the director of planning shall identify the specific evaluation
criterion at issue and the specific information needed and shall communicate such
request to the applicant.
(2) Upon receiving a request from the director of planning for such additional
information, the applicant may provide such information; or the applicant may
decline to provide such information and allow the allocation application to be
evaluated as submitted.
G) 21 Existing ROGO applications: All applications in the ROGO system prior to the
effective date of this ordinance shall be re-scored pursuant to criteria in section 9.5-122.4 and
retain all existing perseverance points. Notwithstanding the provisions of sec. 9.5-122.4 (i), such
applications shall be eligible to continue to receive perseverance points beyond the first four (4)
years in the system, at a annual rate of two (2) positive points for each year that the application
remains in the ROGO system.
Sec. 9.5-122.2. Evaluation procedures for residential dwelling unit allocation.
(a) Adjustment of residential ROGO allocations: At the end of each quarterly
allocation period, the planning director shall recommend additions or subtractions to the basic
allocation available by subarea, based upon any of the following, as appropriate:
(1) The number of building permits for new residential units issued which expired pursuant
to chapter 6.0.
(2) The number of dwelling unit allocation awards that expired prior to issuance of a
corresponding building permit and which were awarded in the current annual
allocation period;
19 The current borrowing provisions have no limit to the number of years or quarters from which these borrowed
allocation can come. This loophole is closed with this five-year limit.
20 The existing language has been revised to provide greater flexibility for applicants, as no public interest is served
to penalize an applicant for adding additional points through dedication or aggregation of lots/land.
21 This provision vests applicants who are currently in the system for the points they have accrued for the years they
have been in ROGO. Additionally, it vests these applications from the revisions made to the scoring of
perseverance points.
(3) The number of residential ROGO allocation awards available which were not
allocated during the quarterly allocation period in the current annual allocation
period;
(4) The number of residential ROGO allocation awards in previous quarters which
were borrowed from future allocations to accommodate multiple unit projects or
to accommodate allocation applications with identical scores, pursuant to section
9 .5-122.2(b )(2) or which were granted to applicants via either the appeals process,
administrative relief or a beneficial use determination;
(5) Residential ROGO allocations vested during the preceding quarter;
(6) Any other modifications required or provided for by the comprehensive plan or an
agreement pursuant to chapter 380, Florida Statutes;
(7) The receipt or transfer of affordable housing allocations from or to municipalities
pursuant to this chapter;
(8) Allocations reserved and/or awarded by the board of county commissioners pursuant to
section 9.5-122 (c).
(b) Initial evaluation of allocation applications: Upon receipt of completed allocation
applications, the director of planning shall evaluate the allocation applications for market rate
housing pursuant to the evaluation criteria set forth in section 9.5-122.3.
(1) Except for affordable housing, the director of planning shall classify each
allocation application by subarea.
(2) On the evaluation cover page, for each allocation application, the director of pI arming
shall indicate the subarea and the number of dwelling units for which allocation awards are
being requested. Market rate allocation applications shall be aggregated by subarea.
Affordable housing allocation applications shall be aggregated on a county-wide basis.
(3) Within thirty (30) days of the conclusion of a quarterly allocation period, unless
otherwise extended by the board, the director of planning shall for market rate
allocations:
a. Complete the evaluation of all allocation applications submitted during the
relevant allocation period;
b. Total the number of dwelling units by subarea for which allocation
applications have been received; and
c. Rank the allocation applications in descending order from the highest
evaluation point total to the lowest.
(4) Within thirty (30) days of the conclusion of a quarterly allocation period, unless
otherwise extended by the board, the director of planning shall for affordable
housing allocations:22
a. Complete review of all allocation applications to confirm eligibility of
applicants during the relevant allocation period;
b. Total the number of dwelling units for unincorporated Monroe County for
which affordable housing allocation applications have been received; and,
c. List the affordable housing allocation applications in descending order of
controlling date from earliest to latest date.
(5) If the number of dwelling units represented by the allocation applications for
market rate housing, by subarea, is equal to or less than the quarterly allocation,
the director of planning may make a recommendation to the planning commission
that all of the allocation applications for that subarea be granted allocation
awards.
(6) If the number of dwelling units represented by the allocation applications for
affordable housing is equal to or less than the available allocation, the director of
planning may make a recommendation to the planning commission that all of the
allocation applications be granted allocation awards.
(7) If the number of dwelling units represented by the allocation applications for
market rate housing, by subarea, is greater than the quarterly allocation, the
director of planning shall submit an evaluation report to the planning commission
indicating the evaluation rankings and identifying those allocation applications
whose ranking puts them within the quarterly allocation, and those allocation
applications whose ranking puts them outside of the quarterly allocation.
(8) If the number of dwelling units represented by the allocation applications for
affordable housing is greater than the total available allocation, the director of.
planning shall submit a report to the planning commission indicating the
applications in order of their control dates and identifying those allocation
applications for which sufficient allocations exist and those allocation
applications whose ranking by controlling date puts them outside the available
allocation. "
(c) Public hearings: Upon completion of the evaluation ranking report and/or
recommendation, the director of planning shall schedule and notice a public hearing by the
planning commission pursuant to otherwise applicable regulations.
(1) At or prior to the public hearing, the planning commission may request, and the
director of planning shall supply, copies of the allocation applications and the
director of planning evaluation worksheets.
22 This approach reflects that affordable housing will not have to compete under the new ROGO system. A warding
of allocations will be done on a first-come, first served basis.
(2) Upon review of the market rate allocation applications and evaluation worksheets,
the planning commission may adjust the points awarded for meeting a particular
criteria, adjust the rankings as a result of changes in points awarded, or make such
other changes as may be appropriate and justified.'
(3) The basis for any planning commission changes in the scoring or ranking of market rate
applications shall be specified in the form of a motion to adopt the allocation rankings and
may include the following:
a. An error in the designation of the applicable subarea.
b. A mistake in the calculation of dedicated or aggregated lots/land.
c. A mistake in assigmnent of the Tier map designation in the application.
d. Any other administrative error or omission that may cause the application
to be incorrectly scored.
(4) The public, including, but not limited to, applicants for allocation awards, shall be
permitted to testify at the public hearing. Applicants may offer testimony about their
applications or other applications; however, in no event may an applicant offer modifications
to an application that could change the points awarded or the ranking of the application.
(5) At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings for market rate housing
applications and rankings for affordable housing applications as submitted
by the director of planning.
b. Move to accept the rankings as may be modified as a result of the public
hearing.
c. Move to continue the public hearing to take additional public testimony.
d. Move to close the public hearing but to defer action on the evaluation
rankings pending receipt of additional information.
e. Move to reject the rankings.
(6) The planning commission shall finalize the rankings within sixty (60) days
following initial receipt of the director of planning evaluation ranking, report and
recommendations.
(d) Notification to applicants: Upon finalization of the evaluation rankings by the
planning commission, notice of the rankings, by subarea for market rate housing, and county-
wide for affordable housing, shall be posted at the planning department offices and at such other
places as may be designated by the planning commission.
(1) Applicants who receive allocation awards shall be further notified by certified mail,
return receipt requested. Except as provided herein for allocations for affordable housing
awarded by the board of county commissioners pursuant to section 9.5-122(b) and paragraph
(g) below, upon receipt of notification of an allocation award, the applicant may request
issuance of a building permit for the applicable residential dwe,11ing unit.
(2) 23 Applicants who fail to receive allocation awards shall' be further notified by
regular mail; without further action by such applicants nor the payment of any
additional fee, such applications shall remain in the residential ROGO system for
reconsideration in the next succeeding quarterly allocation period.
(e) 24Identical rankingsfor market rate housing applications: If two (2) or more
allocation applications in a given subarea have identical evaluation points, these applications
shall be ranked in descending order from the earliest controlling date of submission to the latest.
The planning commission may approve two (2) or more allocation applications with identical
rankings and controlling dates despite the fact that the quarterly allocation will be exceeded if:
(1) A clear statement of findings of fact are made justifying the decision; and
(2) The excess allocation is reduced from the next succeeding quarterly allocation period or
is reduced pro rata from the next three (3) quarterly allocation periods
(f) Identical controlling dates for affordable housing applications: If two (2) or more
allocation applications for affordable housing have identical controlling dates and at least one
affordable housing allocation remains available to be awarded, the planning commission may
approve two (2) or more allocation applications with identical rankings through borrowing of
future allocati ons pursuant to section 9.5-122.1 (g).
(g) Multi-unit affordable housing projects: Upon the written approval of the
planning director, the expiration period for an allocation award for affordable multi-unit housing
projects may be extended where the applicant is unable to be granted a sufficient number of
allocations required to initiate the project.25
9.5-122.3. Administrative relief.
(a)
relief if: 26
Eligibility: An applicant for an allocation award IS eligible for administrative
(1)
The application complies with all requirements of the dwelling unit allocation
system; and
(2) Was considered in the first four (4) consecutive annual allocation periods; and
23 This revised language removes the certified mail requirement for notification of applicants who do not receive an
award reducing costs and time requirements.
24 This section has been rewritten to make it more clear that the controlling date is used to break "ties" among
applications with identical scores.
25 This codifies a policy of the Growth Management Division in assisting affordable multi-family projects.
26 This revision is intended to address the administrative problems created by applicants filing before the four-year
period. The existing language has been further revised to improve its readability.
(3) Has not received an allocation award.
(b) Notification of Eligibility: Within thirty (30) days of the finalization of evaluation
rankings by the planning commission, any applicant determined be eligible for administrative
relief pursuant to paragraph (a) above, shall be notified of the applicant's eligibility for
administrative relief by certified mail, return receipt requested.27
(c) Application: An application for administrative relief shall be made on a form
prescribed by the director of planning and may be filed with the planning and environmental
resources department no earlier than the conclusion of the fourth annual allocation period and no
later than one hundred eighty (180) days following the close of the fourth annual allocation
period?8
(d) Forwarding application to board: Upon the filing of an application for
administrative relief, the director of planning shall forward to the board all relevant files and
records relating to the subject applications. Failure to file an application shall constitute a waiver
of any rights under this section to assert that the subject property has been taken by the county
without payment of just compensation as a result of the dwelling unit allocation system.
(e) Public hearing: Upon receipt of an application for administrative relief, the board
shall notice and hold a public hearing at which the applicant will be given an opportunity to be
heard. The board may review the relevant applications and applicable evaluation ranking, taking
testimony from county staff and others as may be necessary and hear testimony and review
documentary evidence submitted by the applicant.
(f) Board's action: At the conclusion of the public hearing, the board may take any
or a combination of the following actions:
(1) Grant the applicant an allocation award for all or a number of dwelling units requested in
the next succeeding quarterly allocation period or extended pro rata over several succeeding
quarterly allocation periods.
(2) 290ffer to purchase the property at its fair market value if the property is located
within:
a. a designated Tier I area;
b. a designated Tier II area requiring the clearing of five-thousand (5,000) or
more square feet of upland native vegetation;
c. a designated Tier II or Tier III area on a non-waterfront lot suitable for
affordable housing.
27 The Planning Commission believes that fairness dictates the County noticing applicants eligible for administrative
relief. The current regulations do not require such notification.
28 Since the applicants must wait until their application has been in the system for fOUT consecutive years, the
Planning Commission believes it would be appropriate to provide additional time (180 rather than the current 90
days) for filing of administrative relief applications.
29 These regulations provide specific criteria to be followed in acquiring land under Administrative Relief.
(3) Suggest or provide such other relief as may be necessary and appropriate.
3oSec.9.5-122.4. Evaluation criteria.
The point values established on the following pages are to be applied cumulatively.
(a) Tier designation: The following points are intended to discourage development in
environmentally sensitive areas and to direct and encourage development in appropriate infill
areas, while recognizing that any development has an impact on the carrying capacity of the
Florida Keys:
Point Assignment: Criteria:
0 An application which proposes a dwelling
unit within an area designated Tier I
[N atural Area].
+10 An application which proposes
development within an area designated Tier
II [Transition and Sprawl Reduction Area]
on Big Pine Key or No Name Key.
+20 An application which proposes
development within an area designated Tier
II [Transition and Sprawl Reduction Area]
outside of Big Pine Key or No Name Key.
+20 An application which proposes
development within an area designated Tier
III[Infill Area] on Big Pine Key or No
Name Key.
+30 An application which proposes
development within an area designated Tier
III [Infill Area] outside of Big Pine Key or
No Name Key.
(b) Big Pine Key and No Name Key only: The following additional negative points
are intended to implement the Habitat Conservation Plan and the Livable CommuniKeys
Community Master Plan for Big Pine Key and No Name Key.
Point Assignment: Criteria:
-10 An application which proposes a dwelling
unit on No Name Key.
30 The points, which can be obtained to make a project more competitive, have been reduced to only include those
that are awarded for reducing development potential county-wide and acquiring environmental lands tlrreatened by
development. The initial point assignment given to the applications depending on the Tier where the proposed
development is located incorporates both the previously applied negative environmental and positive infill criteria.
Most of the building points that were previously assigned for wind load and sustainability have been eliminated or
are no longer meaningful due to changes in the Florida Building Code.
-10 An application, which proposes
development in designated Lower Keys
Marsh Rabbit habitat or buffer areas' as
designated in the CommunIty Master Plan.
-10 An application, which proposes
development in Key Deer Corridor as
designated in the Community Master Plan.
(c) Lot aggregation: The following points are intended to encourage the voluntary
reduction of density through aggregation of vacant, legally platted, buildable lots with density
allocation by 10t.31
Point Assignment: Criteria:
+4 An application which aggregates a
contiguous vacant, legally platted, vacant,
buildable lot, zoned IS, IS-D, URM, URM-
L, or CFV, located within a Tier n or Tier
In designated area together with the parcel
proposed for development
Additional requirements
1. The proposed development shall not
involve the clearing of upland native
vegetation of more than 5,000 square
feet of upland native vegetation or the
open space requirements of section 9.5-
347, whichever is less.32
2. The application shall include but not be
limited to the following:
* An affidavit of ownership of all
affected parcels, acreage or land; and
* A legally binding restrictive covenant
limiting the number of dwelling units
on the aggregated lot, running in favor
of Monroe County and enforceable by
the county, subject to the approval of
the growth management director and
county attorney and recorded in the
office ofthe clerk of the county prior
to the issuance of any building permit
pursuant to an allocation award.
31 Aggregation is not perrriltted in Tier I because it facilitates and encourages development of this critical upland
habitat. The points have been raised for lot dedication to make them equal with lot aggregation to allow more
flexibility in awarding points to donated platted lots that are not buildable.
32 This reflects the change in Policy 205.2.7.
(d) Land dedication: The following points are intended to encourage the voluntary
dedication of vacant, buildable land within Tier I and Tier II areas for the purposes of
conservation, resource protection, restoration or density reduction, and if located within Tier II or
Tier III, for the purpose of providing land for affordable housing where appropriate?3
Point Assignment: Criteria:
+4 An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted buildable lot, zoned
IS, IS-D, URM, URM-L, or CFV. Each
additional vacant, legally platted, buildable
lot which is dedicated that meets the above
requirements will earn the application the
additional points as specified.
+ 1 for each 5,000 square feet oflot area An application which includes the
dedication to Monroe County of a vacant
legally platted, buildable lot of five
thousand (5,000) square feet or more
within a Suburban Residential District (SR)
or Suburban Residential- Limited District
(SR-L) within a designated Tier I area.
Each additional vacant, legally platted,
buildable lot of five thousand (5,000)
square feet or more that meets the above
requirements will earn points as specified.
+0.5 An application which includes the
dedication to Monroe County of one (1)
vacant, legally platted, buildable lot of five
thousand (5,000) square feet or more
within a Native Area District (NA) or
Sparsely Settled District (SS) in a
designated Tier I area. Each additional
vacant, legally platted, buildable lot that
meets the above requirements will earn the
half (0.5) point as specified.
+3 An application which includes dedication
to Monroe County of at least one-acre (1)
of vacant, unplatted, buildable land located
within a designated Tier I area. Each
. additional one (1) acre of vacant, unplatted,
buildable land that meets the above
requirements will earn the points as
specified.
Additional requirements:
1. The application shall include but not be
limited to the following:
33 Allows land dedicated under ROGO in Tier II or Tier Ill, if appropriate, to be used for affordable housing.
* An affidavit of ownership of all
affected lots, parcels, acreage or
land; and
* A statutory warranty deed, that
conveys the dedicated property to the
county shall be approved by the
growth management director and
county attorney and recorded in the
office of the clerk of the county prior
to the issuance of any building permit
pursuant to an allocation award.
2. Lots or parcels dedicated for positive
points under this paragraph shall not be
eligible for meeting the mitigation
requirements of the Big Pine Key and
No Name Key Overlay Zone.
(f) Market rate housing in employee or affordable housing project: The following
points are intended to provide further incentives for provision of market rate housing within
employee housing projects: '
Point Assignment: Criteria:
+3 An application for market rate housing unit
which is part of employee or affordable
housing proj ect.
Additional Requirements:
The market rate dwelling unit must be part
of an approved employee or affordable
housing project and meet all the
requirements and conditions pursuant to
section 9.5-266(a) and this chapter.
,
(g) Special flood hazard area: The following points are intended to discourage
development within high risk special flood hazard zones:34
Point Assignment: Criteria:
- 4 An application which proposes
development within a "V" zone on the
, FEMA Flood Insurance Rate Map.
(h) Central wastewater treatment system availability: The following points shall be
assigned to encourage development in areas served by central wastewater treatment systems:35
34 This revision eliminates the negative points for "A" zones, in which the predominate number of properties are
located and the positive points for "X" zones that only affect a very insignificant number of properties.
Point Assignment: Criteria:
+4 An application which development
required to be connected to a central
wastewater treatment system that meets
. BAT/A WT standards established by the
Florida Legislature,
(i) Perseverance points: The following points are intended to reward an application
based upon the number of years spent in the residential ROGO system without receiving an
allocation award:36
Point Assignment: Criteria:
+ 1 A point shall be awarded on the
anniversary of the controlling date for each
year that the application remains in the
ROGO system up to four (4) years.
Sec. 9.5-123. Reserved
Sec. 9.5~125. Appeals.3?
(a) An appeal from the decision of the planning commission on a ROGO or NROGO
allocation shall be made to the board of county commissioners. The notice of such appeal shall
be in a form prescribed by the director of planning and must be filed with the director of
planning within twenty (20) days of the planning commission's decision. Upon the filing of an
appeal, the planning commission's secretary will forward to the board all relevant files and
records relating to the matter. Failure to file an appeal with the board shall constitute a waiver of
any rights under this chapter to further the decision of the planning commission on the awarded
dwelling unit or non-residential floor space allocations.
(b) The filing of an appeal shall not stay either the action of the planning commission
or the action of the director of planning.
(c) If, as a result of a successful appeal, additional allocation awards are to be made,
the board shall instruct the director of planning as to how many dwelling units or non-residential
35 This language is intended to encourage infill development in areas served by central sewer systems being
upgraded or consnucted to meet 2010 Wastewater Treatment Standards mandate; maximize public invesnnent;
reduce the average EDU operating/maintenance costs of these systems; and, help recoup capital costs.
36 This revision reflects the revision to Comprehensive Plan Policy 101.5.4 eliminating the awarding of perseverance
~,oints beyo~d four years.. ... .... . ..
~I The eXIstmg language provJdes no adrrnmstrat1Ve appeals from Pla1lllmg ConumsslOn deClslOns on non-resIdentIal
allocations. This revised language incorporates the appeal of both ROGO and NROGO in one section.
floor space applications shall receive allocation awards, when such allocation awards are to be
made and what effect such additional allocation awards will have on the current annual or
quarterly dwelling unit allocation or current annual allocation for non-residential floor space. To
ensure that the residential dwelling unit allocations set forth in section 9.5-122 and 9.5-124.4 are
not exceeded, the director of planning shall inform the planning commis$ion of the results of the
appeal and the disposition of any additional allocation awards.
Section 2.
(5)
Section 3.
Section 4.
Amend Section 9.5-266(a)(5) as follows:38
Notwithstanding the provisions of sections 9.5-261 through 9.5-270, some or all
of any lawfully established floor area situated on a parcel of at least one (1) gross
acre containing affordable or employee housing shall be excluded from the
calculation of the total gross of development allowed on the parcel if at least one
affordable or employee housing unit is co-located on the parcel. For purposes of
this exclusion a floor area ration of twenty-five (25) percent shall be assumed,
The exclusion of floor area shall be in accordance with the following criteria:
a. If the parcel of land is less than two (2) gross acres, the project's total
nonresidential floor area or two thousand (2,000) square feet, whichever is
less, shall be excluded from the calculation; or
b. If the parcel ofland is two ill or more ~ gross acres, the project's total
nonresidential floor area or four thousand (4,000) square feet, whichever is
less, shall be excluded from the calculation.
Amend Section 9.5-266(a)(3) as follows:39
(3)
Market rate housing developed in accordance with paragraph (8) below shall be
eligible to receive points as affordable housing under section 9.5 122.3(0)(6).
pursuant to section 9.5-122.4(0.
Amend Section 9.5-266(a)(6) c. thorough f. as follows: 40
c. The use of the affordable or employee dwelling unit is restricted for a the
period ofleast fifty (50) years specified in section 9.5-266(0(1 ).
th The size of the affordable or employee housing dwelling unit is limited by
a condition to be placed on the development permit which restricts the
habitable space of the unit to a maximum of one thousand three hundred
(1,300) square feet for a period of at least fifty (50) years; and,
e-d. Tourist housing use or vacation rental use of affordable or employee
housing units is prohibited.
38 This revision provides incentives for provision of affordable and employee housing on lots smaller than one acre
which predominate in the Keys.
39 The revision is required due to the elimination of scoring for affordable housing and new incentives for mixing
market rate housing with affordable.
40 Recen1 amendments to the length of restrictive covenants conflicts with existing language in the code. The length
of covenant should be based on financing source to be consistent with Section 9.5-266(f)(1): 30 years for a wholly
privately financed project; and 50 years for a partly or wholly publicly financed project, except for County wholly or
partially financed projects as set forth in Section 9.5-l22( d)( 6). The limits on the size of the affordable/employee
housing units has been eliminated as uIlllecessary, particularly with the threshold on the sales price of1hese units.
, .
Section 5.
Section 6.
Section 7.
(9)
Section 8.
f: e. The parcel of land proposed for development of affordable or employee
housing shall not qualify for negatiye points under section 9.5
122(a)(7),(8) or (9); ho\v€ver, properties designated IS D, DR, URM or
URM L shall be exempt from this prohibition shall only be located within
a Tier II or III designated area, If the parcel is located within a Tier II
designated area, the amount of clearing of upland native vegetation shall
be limited to the open space requirements pursuant to section 9.5-347 or
five-thousand (5,000) square feet whichever is less.
Renumber Section 9.5-266(a)(6) g. through k. to f. through j respectively.
Amend Section 9.5-266(a)(8) a. as follows:41
a. The use of the market rate housing dwelling unit is restricted for a period
of at least fifty (50) thirty (30) years to households that derive at least
seventy (70) percent of their household income from gainful employment
in Monroe County.
Delete Section 9.5-266(a)(9):42
Market rate housing dwelling units are not restricted to the thirteen hundred
(l,3(0) square feet limitation on habitable space for affordable and employee
housing.
Amend Section 9.5-266(f)(1) as follows:43
(1)
Before any building permit may be issued for any structure, portion or phase of a
project subiect to this section, ~ restrictive covenant(s), approved by the growth
management director and county attorney, shall be filed in the Official Records to
ensure compliance with the provision of this section running in favor of Monroe.
County and enforceable by the county and, if applicable, a participating
municipality. The following requirements shall apply to these restrictive
covenants:
a. Except as provided for under paragraph (1 )d. below, the. covenants for any
affordable or employee housing units partly or wholly financed by a
public entity other than Monroe County shall be effective for a period of at
least fifty (50) years.
b. Except as provided for under paragraph (l)d., below, the covenants for
any affordable or employee housing units relying wholly upon private
non-public financing shall be effective for at least thirty (30) years.
41 This amendment is necessary to eliminate conflict with recent changes to restrictive covenants for non-public
financed projects.
42 This language is superfluous with the elimination of the 1,300 square foot limitation.
43 These revisions reflect the proposed policy change to require affordable or employee housing to be guaranteed in
perpetuity (99 years) if financed by Momoe County or if required by the BOCC as a condition of reserving an
affordable housing allocation, as proposed under Section 9.5-122(c).
. .
c. The covenants for any affordable or employee housing units partly or
wholly financed by Monroe County shall be effective for a period of at
least ninety-nine (99) years. 44
d. If approved by the Board of Commissioners' as a condition of the
reservation of a ROGO allocation pursuant to section 9.5-122(b). the
covenants for any affordable or employee housing shall be restricted to
use as an affordable housing or employee dwelling unit for a period of at
least ninety~nine years. 45
e. The covenants shall not commence running until a certificate of
occupancy as been issued by the building official for the dwelling unit or
dwelling units to which the covenant or covenants apply.
Section 9.
Amend Section 9.5~266 (f)(3) as follows:46
(3)
The eligibility of a potential owner-occupier or renter of an affordable, employee
or market rate housing dwelling unit, developed as part of an employee or
affordable housing project, shall be determined by the planning department upon
submittal of an affidavit of qualification to the planning department. The form of
the affidavit shall be in a form prescribed by the planning department director.
This eligibility shall be determined by the planning department as follows:
a. At the time the potential owner either applies for affordable housing
ROGO allocation, or applies to purchase a unit that utilized affordable
housing ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit that
utilized an affordable ROGO allocation.
Section] O. Create a new Section 9.5-266(f)(7) that reads as follows: 47
(7) Upon written agreement between the planning director and an eligible governmental or
non-governmental entity, the planning director may authorize that entity to administer the
eligibility and compliance requirements for the planning department under paragraphs (3),
(4),(5) and (6) above. Under such an agreement, the eligible entity is authorized to qualify a
potential owner-occupier or renter of affordable, employee, or market rate housing developed
as part of an employee or affordable housing project, and annually verify the employment
and/or income eligibility of tenants pursuant to section 9.5~266(f)(2). The entity shall still be
required to provide the planning department by January 1 of each year a written certification
verifying that tenants of each affordable, employee, or market rate housing meet the
44 This provision initiates efforts to ensure that most new affordable housing will be protected in perpetuity.
45 This provision allows the Board to protect housing unit in perpetuity on a case~by-case basis, where no County
funding is involved and where the applicant seeks and obtains a reserved allocation.
46 Minor revisions arc intended to improve the wording of the text.
4i These amendments coupled with a new paragraph (6) codify the existing Planning Department policy of
delegating authority to public agencies or non-governmental not-far-profit housing providers for determining
eligibility of potential tents for affordable housing and arumal verification that tenants meet Section 95-266 (f)(2)
income and employment requirements.
. .
applicable employment and income requirements of paragraph (2) above. The following
governmental and non-governmental entities shall be eligible for this delegation of authority:
a. The Monroe Housing Authority, not-for:,profit community
development organization(s) pursuant to section 9:S-266(e), and other
public entities established to provide affordable housing;
b. Private developers or other non-governmental organization
participating in a federal/state housing financial assistance or tax credit
program or receiving some form of direct financial assistance from
Monroe County; or
c. Non-governmental organizations approved by the board of county
commissioners as affordable housing providers.
Section 11. Create a new Section 9.5-266(1)(8) as follows:48
(8) Should an entity fail to satisfactorily fulfill the terms and conditions of the written agreement
executed pursuant to paragraph (6) above, the planning director shall provide written notice to
the subject entity to show cause why the agreement should not be terminated within thirty (30)
days. If the entity fails to respond or is unable to demonstrate to the satisfaction of the planning
director that it is meeting the terms and conditions of its agreement, the agreement may be
terminated by the planning director
PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a
regular meeting held on the 16th day of November, 2004.
Chair Lynn Mapes
Vice Chair Denise Werling
Commissioner David C. Ritz
Commissioner Julio Margalli
Commissioner James Cameron
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this _ day of
, 2004.
48 In the highly unlikely event that an entity is unable to fulfil1 the terms and conditions of its written agreement, this
paragraph provides for the planning director to temunate the agreement. The planning director's decision may be
appealed to the planning commission as with any with administrative decision.
~ -- ,. ..
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION
DRC RESOLUTION NO. D22-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY
PLANNING COMMISSION OF THE REQUEST BY THE MONROE COUNTY
PLANNING DEPARTMENT TO ADD THE FOLLOWING AMENDMENTS TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO IMPLEMENT
GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND THE TIER OVERLAY
SYSTEM. BY AMENDING SECTION 9.5-266(a)(3), SECTION 9.5-266(a)(6)c, d, f,
SECTION 9.5-266(a)(8)a, SECTION 9.5-266(1)(1), SECTION 9.5-266(i)(3),
SECTION 9.5-266(i)(6), AND SECTION 9.5-266(i)(7) AFFORDABLE AND
EMPLOYEE HOUSINGS; LIMITING ALLOCATIONS TO TIER II AND TIER III
APPLICATIONS AND PROVIDING AUTHORITY TO THE BOARD OF COUNTY
COMMISSIONERS TO REQUIRE A 99 YEAR RESTRICTIVE COVENANT AS A
CONDITION OF RESERVATION OF ROGO ALLOCATION.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on
September 9, 2004, conducted a review and consideration of the request filed by the Monroe County
Planning Department proposing amendments to the Monroe County Land Development Regulations to
implement Goal 105 of the 2010 Comprehensive Plan and the Tier Overlay system;
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes
sustainability;
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer
mapping (GIS), identifying areas appropriate for additional development and those, which are important
environmentally and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners.
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a
large number of undeveloped lots.
'VHEREAS, Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated.
.
WHEREAS, hammock size is a major determinate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and
most important terrestrial habitat areas for preservation. '
\VHEREAS; ROGO has been completely redrafted utilizing the Tier System as it's basis;
WHEREAS, major changes are proposed for affordable housing to assure they remain affordable
housing for the workforce, long term. Reservations for affordable/employee housing may be made for
projects in Tier I and Tier II to public and private entities which agree to keep the projects affordable for 99
years. To encourage mixed income project; the 20% market rate housing permitted in employee housing
projects will qualify for +3 points in ROGO.
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY,
FLORIDA, to recommend APPROVAL to the Monroe County Planning Commission, of the amendments
to the Monroe County Land Development Regulations that will implement Goal 105 and the Tier Overlay
System.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a
regular meeting held on the 9th of September, 2004.
Aref Joulani, DRC Chair
Jason King, Planner
David Dacquisto
Andrew Trivette, Biologist
Ralph Gouldy, Senior Environmental Resources Planner
Department of Public Warks
Department of Engineering
Department of Health
YES
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref 10ulani, DRe Chair
Signed this 9th day of September, 2004.
.. ..
DRC RESOLUTION NO. D25-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION
OF THE REQUEST BY THE MONROE COUNTY PLANNING DEPARTMENT TO
ADD THE FOLLOWING AMENDMENTS TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS TO IMPLEMENT GOAL 105 OF THE 2010
COMPREHENSIVE PLAN AND THE TIER OVERLAY SYSTEM. BY REVISING
SECTIONS 9.5-120 THROUGH 9.5-123 RATE OF GROWTH ORDINANCE
(ROGO) OF THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO
UTILIZE THE TIER OVERLA Y AS THE BASIS FOR THE COMPETITIVE POINT
SYSTEM. AN ALTERNATIVE HYBRID ROGO SYSTEM WHICH COMBINES THE
COMPETITIVE ROGO WITH A LOTTERY SYSTEM FOR A PORTION OF THE
ALLOCATION IS ALSO INCLUDED. SPECIFIC REGULATIONS, EVALUATION
CRITERIA AND POINT ASSIGNMENTS TO IMPLEMENT THE BIG PINE KEY
AND NO NAME KEY HCP AND MASTER PLAN ARE INCLUDED.
WHEREAS, the Monroe County Development Review Committee, during a regular meeting held on
September 9, 2004, conducted a review and consideration of the request filed by the Monroe County Planning
Department proposing amendments to the Monroe County Land Development Regulations to implement Goal
105 of the 2010 Comprehensive Plan and the Tier Overlay system;
WHEREAS, Goal 105 provides a framework for future development and land acquisition for the next
20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability;
WHEREAS, the Tier Maps will become a zoning overlay when adopted;
WHEREAS, changes to the maps will follow the procedures in Sec. 9.5-511 of the Land Development
Regulations;
WHEREAS, the Tier maps were reviewed by Ricardo Calvo, our consultant, who also was the project
manager of the Florida Keys Carrying Capacity Study. The Overlay Tier Maps are the basis of an elegant
system for protecting the valuable habitat of the Keys and preventing sprawl;
WHEREAS; ROGO has been completely redrafted utilizing the Tier System as it's basis;
WHEREAS; the proposed ROGO is a positive system, awarding major point for the tier location of a
property: Tier III = +25 points; Tier II = + 20; Tier I = 0 points. The point system is different on BPK and
NNK because the Habitat Conservation Plan for the Islands controls the permitting. Points my be accrued by
donating lots to the County for preservation in Tier I and Tier II. Additional points can be gained in Tier II and
III by aggregating lots.
WHEREAS, the alternative ROGO system, proposes that the market rate housing share be allocated
through both a competitive system and a lottery system, is included. Approximately 30% of the market rate
housing would be available for those applicants who wish to compete or enter the lottery. A threshold of 25
points will be required to enter the lottery.
\VHEREAS, an alternative ROGO system is proposed for those who have 25 point and are still unable
to be competitive in ROGO.
~ I. '"
WHEREAS, Tier Maps were developed following the criteria in Goal 105, utilizing computer mapping
(GIS), identifying areas appropriate for additional development and those, which are important
environmentally and should be preserved.
WHEREAS, The boundaries for the Tier Maps were drawn using environmental and development
information and digital data from the Florida Keys Carrying Capacity Study (FKCCS), the Planning
Department and the Property Appraisers Office and refined through site visits by the County Biologists and
Planners.
WHEREAS, hammock size is a major detenninate of habitat quality according to the FKCCS,
therefore size and connectivity are used in determining the boundary of the Tiers to identify the best and rp.ost
important terrestrial habitat areas for preservation.
WHEREAS, Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where possible.
Hammock size is a major determinate of habitat quality according to FKCCS, which is why size and
connectivity were used to identify the best and most important terrestrial habitat areas for preservation.
WHEREAS, Tier II contains smaller hammock patches isolated by surrounding development; the
quality is reduced because of the negative secondary impacts of development. These areas still contain a large
number of undeveloped lots.
WHEREAS, Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated.
BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY,
FLORJDA, to recommend APPROVAL to the Monroe County Planning Commission, of the amendments to
the 2010 Comprehensive Plan to implement Goal 105 and the Tier Overlay System.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida, at a regular
meeting held on the 9th of September, 2004.
Aref Joulani, DRC Chair
Jason King, Planner
David Dacquisto
Andrew Trivette, Biologist
Ralph Gouldy, Senior Environmental Resources Planner
Department of Public Works
Department of Engineering
Department of Health
YES
YES
YES
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
BY
Aref 10ulani, DRC Chair
Signed this 9th day of September, 2004.