Item M4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Januarv 18,2006
Division:
Gro\Nth Management
Bulk Item: Yes_
No -L
Department: Planning and Environmental Resources
Staff Contact Person: Tim McGarrv
AGENDA ITEM WORDING:
A public hearing to consider a resolution to extend the zoning in progress deferring the acceptance and
processing of development applications and the issuance of development approvals for the redevelopment or
conversion of ten units or more of multi-family rental housing and/or mobile home parks and continuing this
policy until Land Development Regulations are adopted by the County Commission, and providing for
expiration within three months after the expiration of resolution no. 320-2005, whichever comes first.
(1st of one public hearing)
ITEM BACKGROUND:
On August 17, 2005, the Board of County Commissioners adopted Resolution No, 320-2005. Section 2 of
Resolution No. 320-2005 provides that the resolution shall stand repealed until new land development
regulations are adopted or the passage of 180 days after the adoption of Resolution No. 320-2005. The 180ih day
after the adoption of Resolution No. 320-2005 is February 17, 2005, which means the interim moratorium will
expire prior to effectuating the provisions of the land development regulations. Staff has brought draft revisions
to the Planning Commission on two separate occasions and is scheduled to bring forth additional revisions at the
January lllh, 2006 Planning Commission meeting. It will be at least several months before these amendments to
the land development regulations will be adopted, extending past the time tor expiration of the zoning in
progress.
PREVIOUS REVELANT BOCC ACTION:
On August 17, the Board of County Commissioners adopted Resolution No. 320-2005. On December 21. 2005
Resolution No. 320-2005 was amended to provide an exception to the policy if the property owner is willing to
provide at least 30% of the total redeveloped units for affordable housing by placing a 99 year restrictive
covenant on each unit.
CONTRACT! AGREEMENT CHANGES: NI A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes _No N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING:
APPROVED BY:
Yes N/A No
AMOUNT PER MONTH NiA
Year
DIVISION DIRECTOR APPROVAL:
Risk Management _m
/. AICP
DOCUl\IENTATION: Included-K........
DISPOSITION: AGENDA ITEl\I #
ZONING IN PROGRESS
A RESOLUTION TO EXTEND A ZONING IN PROGRESS DIRECTING STAFF TO
DEFER THE ACCEPTANCE AND PROCESSING OF DEVELOPMENT
APPLICATIONS AND THE ISSUANCE OF DEVELOPMENT APPROVALS FOR
THE REDEVELOPMENT OR CONVERSION OF TEN UNITS OR MORE OF
MULTI-FAMILY RENTAL HOUSING AND/OR MOBILE HOME PARKS;
CONTINUING THIS POLICY UNTIL NEW LAND DEVELOPMENT
REGULATIONS ARE ADOPTED BY THE COUNTY COMMISSION, AND
PROVIDING FOR EXPIRATION WITHIN THREE MONTHS AFTER THE
EXPIRATION OF RESOLUTION 320-2005, WHICHEVER OCCURS FIRST.
DRAFf BOCC RESOLUTION
ZONING IN PROGRESS
THREE MONTH EXTENSION OF A ZONING IN PROGRESS
DEFERRING ACCEPTANCE AND PROCESSING OF DEVELOPMENT
APPLICATIONS AND THE ISSUANCE OF DEVELOPMENT APPROVALS FOR
THE REDEVELOPMENT OR CONVERSION OF TEN UNITS OR MORE OF
MULTI-FAMILY RENTAL HOUSING AND/OR MOBILE HOME PARKS
AS ESTABLISHED BY RESOLUTION 320-2005.
BOARD OF COUNTY COMMISSIONERS
KEY WEST
JANU}URY18,2006
RESOLUTION NO.
-2006
A RESOLUTION TO EXTEND A ZONING IN PROGRESS DIRECTING STAFF TO
DEFER THE ACCEJYfANCE AND PROCESSING OF DEVELOPMENT
APPLICATIONS AND THE ISSUANCE OF DEVELOPMENT APPROVALS FOR
THE REDEVELOPMENT OR CONVERSION OF TEN UNITS OR MORE OF
MULTI-FAMILY RENTAL HOUSING AND/OR MOBILE HOME PARKS;
CONTINUING THIS POLICY UNTIL NEW LAND DEVELOPMENT
REGULATIONS ARE ADOPTED BY THE COUNTY COMMISSION, AND
PROVIDING FOR EXPIRATION WITmN THREE MONTHS AFTER THE
EXPIRATION OF RESOLUTION NO. 320-2005, WHICHEVER OCCURS FIRST.
WHEREAS, on August 17, 2005 the Board of County Commissioners adopted Resolution No. 320-
2005 deferring the acceptance and processing of development applications and the issuance of development
approvals for the redevelopment or conversion of ten units or more of multi-family rental housing and/or
mobile home parks; and
WHEREAS, on December 21, 2005 the Board of County Commissioners adopted an exception to
Resolution No. 320-2005 for property owners willing to provide at least 30% of the total redeveloped units
for affordable housing by placing a 99 year restrictive covenant on each unit; and
WHEREAS, Section 2 of Resolution No. 320-2005 provides that the ordinance shall stand repealed
until new land development regulations are adopted or the passage of 180 days after the adoption of
Resolution No. 320-2005; and
WHEREAS, staff, in cooperation with the Planning Commission has diligently pursued various text
amendments; and
WHEREAS, the initial text amendment was presented to the Planning Commission in August to
encourage the preservation of existing affordable housing by authorizing the placement of an affordable
housing deed restriction on an existing dwelling unit and/or mobile home lot within a mobile home park in
return for receiving a market rate allocation; and
WHEREAS, the Planning Commission directed staff to revise the draft ordinance; and
WHEREAS, Staff along with White and Smith, LLC incorporated the results of the Housing Trends
in Incorporated and Unincorporated Monroe County report and further studies by James Nicholas, Professor
of Urban and Regional Planning and Law at the University of Florida to create an ordinance which
establishes an inclusionary housing standard and trust fund; and
WHEREAS, the Planning Commission made additional requests for information and the ordinance is
scheduled to be heard by the Planning Commission on January 11th, 2006; and
WHEREAS, it will be at least several months before these amendments to the land development
regulations will be adopted, extending past the time for expiration of the zoning in progress; and
WHEREAS, Planning Staff is not requesting to extend the portion of the resolution that directs staff
to defer the acceptance and processing of development applications for a land use district zoning map
amendment from Urban Residential Mobile (URM) and Urban Residential Mobile Home-Limited (URM-L)
to any other land use district zoning designation; and
WHEREAS, given the scope of the affordable housing issues and areas to be addressed the three
month extension is necessary and reasonable in order to complete a fair and comprehensive planning and
public participation process that results in legally and scientifically based policies and regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The provisions set forth in Resolution No. 320-2005 and the exception passed at the December
21 S\ 2005 Board of County Commissioners meeting) deferring the acceptance and processing of
development applications and the issuance of development approvals for the redevelopment or conversion of
ten units or more of multi-family rental housing and/or mobile home parks shall remain in full force and in
effect for an additional three month period of time.
Section 2. If any sentence, clause, item, change or provision of this section, subsection, or resolution is held
invalid, the remainder shall not be affected by such invalidity.
Section 3. All resolution or parts of resolutions in conflict with this resolution are hereby repealed to the
extent of said conflict.
Section 4. This resolution shall be filed in the Office of the Secretary of State of the State of Horida.
Section 5. This Resolution shall stand repealed as of 11:59 p.m. on the last day of the three month period
following the expiration date of Resolution 320-2005, unless repealed sooner upon the adoption by the Board
of County Commissioners and approval by the Florida Department of Community Affairs of land
development regulations and comprehensive plan amendments implementing the work program mandated by
Rule 28-20.100 F.A.C.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said Board held on the 18th day of January, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATfEST:
DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk