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Item Q5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 15, 2006 Bulk Item: Yes No ~ Division: Growth Management Department: Planning Staff Contact Person: Jose Papa AGENDA ITEM \VORDING: Public hearing to consider adopting an Ordinance amending the Monroe County Land Development Regulations Sections 9.5-120 though 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 affordable housing allocations in Tier I, 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 BOCe. [2nd of 2 required public hearings] ITEM BACKGROUND: On January 21, 2004 and in Ordinance # 018-2004 the BOCC 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 recommend approval. Several stakeholder forums and two community workshops were held to review the proposed amendments. The draft ordinance has been revised by staff to reflect the direction given the staff by the Board at the May and June 2005 public hearing. Other changes since the June meeting are from comments received from the Department of Community Affairs. PREVIOUS RELEVANT BOCC ACTION: Ordinance No. 018-2004 adopted June 16, 2004 directed staff to prepare text and map amendments to implement Goa1105. Goal 105 was adopted in Ordinance No. 20- 2002. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management_ ~,r ) DIVISION DIRECTOR APPROVAL: ~(JA/ilA/n{~ Ronda Norman DOCUMENTATION: Included X Not Required~ DISPOSITION: AGENDA ITEM # ORDINANCE NO. 2006 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 EMPLOYEE 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 HABIT A T CONSERVATION PLAN AND MASTER PLAN FOR BIG PINE AND NO NAME KEY; CREATING AN APPEAL PROCESS FOR NROGO; LIMITING AFFORDABLE HOUSING ALLOCATIONS TO TIER III AREAS; PROVIDING FOR A 99 YEAR RESTRICTIVE COVENANT FOR AFFORDABLE AND EMPLOYEE HOUSING; PROVIDING AUTHORITY FOR AN ELIGIBLE GOVERNMENTAL OR NON-GOVERNMENTAL ENTITY TO ADMINISTER ELIGIBILITY AND COMPLIANCE REQUIREMENTS OF AFFORDABLE HOUSING REGULATIONS ON BEHALF OF THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT; PROVIDING FOR SPECIFIC VESTING PROVISIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES; DIRECTING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners, during eight public hearings held in December 2004, January, February, March, April, May, and Jill1e 2005, and March 2006, 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 requiring a 99 year restrictive covenant as a condition of a ROGO allocation for affordable and employee housing; and \VHEREAS, 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 and revisions to ROGO and NROGO based on the Tier system utilizing a positive approach that predominately relies on land dedication and aggregation; and P:\Tier\ROGO-031506.doc Page 1 of 29 WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact: 1. Goal 105 provides a framework for future development and land acquisition for the next 20 or more years, called the "Tier system", that considers the carrying capacity of the Florida Keys, reduces sprawl and promotes sustainability. 2. 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. 3. 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. 4. The Work Program of Comprehensive Plan Policy 101.2.13 directs the County to ensure that affordable work force housing remain affordable in perpetuity for future generations. 5. The Planning and Environmental Resources Department prepared draft amendments to Chapter 9.5 (Land Development Regulations), Monroe County Code, in response to the direction provided by the Board of County Commissioners and consistent with proposed amendments to the Comprehensive Plan, 6. The Planning Commission, after hearing comments at four public hearings, made changes to the staff draft and recommended approval of the amendments to the Land Development Regulations to the Board of County Commissioners on November 3, 2004. 7. The Planning and Environmental Resources Department made minor changes to the proposed draft based on direction ofthe Planning Commission and public testimony at the public hearing before the Board of County Commissioners in December 2004, including minor text revisions to ensure readability and correct typographical errors or omissions in the text. 8. Subsequent to the adoption of amendments to the Comprehensive Plan by the Board of County Commissioners on September 22, 2005, the Planning and Environmental Resources Department prepared further amendments to the draft ordinance to ensure consistency with the adopted plan amendments. 9. The ROGO system proposed by this ordinance greatly simplifies the scoring system for ROGO. 10. This ROGO system, based on the Tier system, is a positive system, awarding the least number of points for development applications in the most envirorunentally sensitive areas (Tier I) and the most positive points in areas where development is to be encouraged (Tier III). 11. 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. P:\Tier\ROGO-031506.doc Page 2 of 29 12. 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. 13. Major changes are proposed in this ordinance for affordable housing to assure it remains affordable housing for the workforce, long term by requiring that all affordable and employee housing projects. 14. The proposed ordinance requires that a 99-year restrictive covenant be placed on affordable/employee housing to be kept the projects affordable future generations. 15. The 20% market rate housing permitted in employee housing projects will qualify for additional points in RaGa, to encourage mixed income projects. 16. 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. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The proposed amendments to the Land Development Regulations are consistent with and further goals, objectives and policies ofthe Year 2010 Comprehensive Plan, particularly Goals 105 and 601 and the recently adopted set of comprehensive plan amendments to effectuate the Tier system; Section 2. Sections 9.5-120 tlrrough 9.5-123 and Sections 9.5-125 through 9.5-140 (Division 1.5 Rate of Growth 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 of residential RaGa 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 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; P:\Tier\ROGO-031506.doc Page 3 of 29 (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 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: 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 RaGa allocation means the maximum number of dwelling units for which building penuits 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 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). Lawfully Established for ROGOINROGO exemption means a unit or floor area has received a permit or other official approval from the Division of Growth Management for the units and/or floor area 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 Monroe County Code, and expressly includes the following other terms also specifically defined in section 9.5-4: lawfully established 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. P:\Tier\ROGO-031506.doc Page 4 of 29 Residential RaGa 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 RaGO allocation award required: No building permit shall be issued for a new dwelling unit unless the dwelling unit has received a residential dwelling unit allocation award, or is determined to be exempt as provided below. (b) 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 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. (c) Affected area: The ROGO allocation system shall apply within the unincorporated area of Monroe County, Florida outside of mainland Monroe County, 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 I (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 ROGO 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 July 13, 1992, except as otherwise provided herein. Sec. 9.5-120.3. Type of development not affected. The residential ROGO shall not apply to the development described below: P: \ Tier\ROGO-031506.doc Page 5 of 29 (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 for 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; 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 III designated area or, within a Tier III-A (Special Protection Area) designated area and does not propose the clearing of any portion of an upland native habitat patch of one (1) acre or greater in area. b. Transfer to affordable housing: An affordable housing unit may be developed if the receiver unit meets all ofthe 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 RaGO subarea as the sender site; and (iii) Is located in a Tier III designated area or, within a Tier IlI- A (Special Protection Area) designated area and does not propose the clearing of any portion of an upland native habitat patch of one (1) acre or greater in area or is located in a Velocity (V) zone. (3) Procedures for transfer off-site: a. A pre-application conference and at a mmlmum, a minor conditional use permit, shall be required for both the sender site P:\Tier\ROGO.031506.doc Page 6 of 29 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. Complete restoration of the sender site consistent with an approved restoration/revegetation plan. (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 will not increase hurricane evacuation times. All residential dwelling units to be located in the Ocean Reef planned development 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. P:\Tier\ROGO-031506.doc Page 7 of 29 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. (a) Number of 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 ~ Total Market Rate 126 Affordable dwelling units Very Low, Low, and Median Incomes Moderate Income 36* 35* 71 Total units a year 197 *Includes one (1) for Big Pine Key and No Name Key. (1) Yearly residential ROGO allocation ratio: Each subarea shall have its number of market rate residential ROGO allocations available per RaGa 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) Quarter~y residential ROGO allocation ratio: Each subarea shall have its number of market rate housing residential ROGO allocations available per ROGO quarter determined by the following formula: a. Market rate residential ROGO 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 P:\Tier\ROGO-031506,doc Page 8 of 29 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 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. (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 allocation awards on Big Pine Key and No Name Key are 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. (6) Limit on Number of Allocation Awards in Tier J: Except for Big Pine Key and No Name Key, 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 affordable housing allocations, 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 ""ith 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: (1) The Monroe County Housing Authority, nonprofit community development organization(s) pursuant to section 9.5-266(e), and other P:\Tier\ROGO-031506.doc Page 9 of 29 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 \vritten 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 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 ovmership 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 \VTitten 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 of1and 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, (3) Any portion ofthe residential ROGO allocations not used shall be retained and be made available for affordable 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 insurance rating map, within a Tier II designated area on Big Pine Key and No Name Key or, within a Tier III-A (Special Protection Area) if clearing P:\ Tier\ROGO-031506.doc Page 10 of 29 is proposed for any portion of an upland native habitat patch of a one (1) acre or greater in area. (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: The county shall issue no building permit for a residential dwelling unit unless such dwelling unit: (I) 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 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 application is 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) 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 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 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 P:\Tier\ROGO-031506.doc Page 11 of29 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) 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. (1) 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. (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. (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 commISSIOners, 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 of ROGO 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. Any such revision shall not involve changes to the approved building permit application. AU other P:\Tier\ROGO-031 506.doc Page 12 of 29 applications that are withdrawn and resubmitted that do not increase the competitive points or involve revisions to the approved building permit 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 permit, 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. (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. 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 pennit and which were awarded in the current 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 applicants via either the appeals process, administrative relief or a beneficial use determination; P:\Tier\ROGO-031506.doc Page 13 of 29 (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 andior 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 9.5.122.4. (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 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 affordable 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, P:\Tier\ROGO.031506.doc Page ]4 of29 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. (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 fonn of a motion to adopt the allocation rankings and may include the following: a. P:\Tier\ROGO.031506.doc An error in the designation of the applicable subarea. Page 15 of 29 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. Such a mistake in reading the Tier designation in applying points for the application, any change to the Tier map must go through the procedures outlined in this Chapter. 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 dwelling unit. P:\Tier\ROGO-031506.doc Page 16 of 29 (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) ldentical ran kings for 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 allocations pursuant to section 9.5-122.1 (g). (g) Extension of expiration period: 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. As may be required time to time, the board of county commissioners may extend the 60 day expiration period for allocation award(s) by resolution upon finding that such extension is in the public interest. 9.5-122.3. Administrative relief. (a) Eligibility: An applicant for an allocation award IS eligible for administrative relief if: (I) 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) Notification of Eligibility: Within thirty (30) days of the finalization of evaluation rankings by the planning commission, any applicant determined to be eligible P:\Tier\ROGO-031506.doc Page 17 of 29 for administrative relief pursuant to paragraph (a) above, shall be notified of the applicant's eligibility for administrative reliefby certified mail, return receipt requested. (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 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) Offer to purchase the property at its fair market value as its preferred action ifthe property is located within: a. a designated Tier I area; b. a designated Tier II area (Big Pine Key and No Name Key); c. a designated Tier III-A area (Special Protection Area); or d. a designated Tier III 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 requested 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 any of 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 P:\Tier\ROGO-031S06.doc Page 18 of 29 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. 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: oint Assignment: Criteria: +0 An application which proposes a dwelling unit within an area designated Tier I on Big Pine Key or No Name Key. , +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 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. +20 An application which proposes the clearing of any upland native habitat vegetation that is part of a one acre or larger upland native habitat within an area designated Tier III-i\(Sp~ciaI Protection Area)~ +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 shall be cumulatively assigned to allocation applications and 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. P: \ Tier\ROGO-031506.doc Page 19 of29 -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. (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. Point Assignment: * +4 Criteria: * An application which aggregates a contiguous vacant, legally platted, vacant, buildable lot, zoned IS, IS-D, URM, lJRM- L, or CFV, located within a Tier III designated area together with the parcel proposed for development. Each additional vacant, legally platted, buildable lot which IS aggregated that meets the above requirements will earn the application the additional points as specified. +3 On Big Pine Key and No Name Key. An application which aggregates a contiguous vacant, legally platted, vacant, buildable lot, zoned IS, IS-D, URM, UR.\1-L, or CFV, located within a Tier II or Tier In designated area together with the parcel proposed for development, Each additional vacant, legally platted, buildable lot which is aggregated that meets the above requirements will earn the application the additional points as specified. 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. 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 P:\Tier\ROGO-031506_doc Page 20 of 29 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. *Exception: No points for aggregation shall be awarded for any application that proposes the clearing of any native upland habitat in a Tier III-A (Special Protection Area) area. No aggregation of lots will be permitted in Tier 1. (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. +1 for each 5,000 square feet ofIot area Criteria: An application which includes the dedication to Monroe County of one (1) vacant, legally platted buildable lot, zoned SC, IS, IS-D, URM, URM-L, or CFV, or a legally platted, buildable lot within any CFSD that authorizes dwelling units. Each additional vacant, legally platted, buildable lot which is dedicated that meets the above requirements will earn the application the additional points as specified. On Big Pine Key and No Name Key, An application which includes the dedication to Monroe County of one (1) vacant, legally platted buildable lot, zoned SC, IS, IS-D, URM, URM-L, or CFV, or a legally platted, buildable lot within any CFSD that authorizes dwelling units. Each additional vacant, legally platted, buildable lot which IS dedicated that meets the above requirements will earn the application the additionalpoints 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 Point Assignment: +4 +2 P: \ Tier\ROGO-031506.doc Page 21 of29 +2 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) 1ll a designated Tier I area. Each additional vacant, legally platted, buildable lot that meets the above requirements will earn the half (05) 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. On Big Pine Key and No Name Key, an application which includes dedication to Monroe County of at least one-acre (I) 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: I. The application shall include but not be limited to the following: +0.5 +4 * An affidavit of ownership of all affected lots, parcels, acreage or land; and * A statutory w-arranty 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 P:\Tier\ROGO-031506.doc Page 22 of 29 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. 3. Lots or parcels donated for points in Big Pine Key or No Name Key must be located within Tier I or Tier II lands in Big Pine Key or No Name Key. (f) Afarket 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: .- - - -' . +6 Criteria: An application for market rate housing unit which is part of employee or affordable housing proj eel. itional 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: I Point Assignment: Criteria: - 4 An application which proposes development withi n a "V" zone on the FEMA Flood InsuranceRate 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: P:\Tier\ROGO-031506.doc Page 23 of 29 +4 An application which development is 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: Assignment: Criteria: A point shall be awarded on the anniversary controlling date for each year that the application remains in the ROGO system up to a maximum of four (4) years. +1 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: Point Assignment: + 1 to +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 fair market value of privately-owned, 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. P:\Tier\ROGO-031506.doc Page 24 of 29 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 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 dispute the decision of the planning commission. (b) The filing of an appeal shall not stay either the action of the planning commission or the aetion 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 3. Section 9.5-266(a)(1) b., Monroe County Code is hereby amended to read as follows: "b. Develop employee housing as defined in section 9.5-4(E-I) on parcels of land classified as Suburban Commercial (SC) at an intensity up to maximum net density of eighteen (18) dwelling units per acre and on parcels ofland classified as Urban Residential (UR) at an intensity up to a maximum net density of twenty- five dwelling units per acre." Section 4. Section 9.5-266(a)(3), Monroe County Code, is hereby amended to read as follows: "(3) Market rate housing developed in aceordance with paragraph (8) below shall be eligible to receive points pursuant to section 9.5-l22.4(f)." Section 5. 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 floor area ratio of twenty-five (25) percent shall be assumed. The exclusion of floor area shall be in accordance with the following criteria: P:\Tier\ROGO-031506.doc Page 25 of 29 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 6. Section 9.5-266(a)(6) b. through e., Monroe County Code, are hereby amended to read as follows: "b. Except as provided for under the special provisions for employer-o\\'lled rental housing as set forth 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 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)(l). 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 or, within a Tier III-A (Special Protection Area) designated area that does not propose the clearing of any portion of an upland native habitat patch of one (1) acre or greater in area." Section 7. Section 9.5-266(a)(6) g. through 1., Monroe County Code, are hereby renumbered to Section 9.5-266(a)(6) f. through k. respectively. Section 8. Section 9.5-266(a)(8), Monroe County Code, is hereby amended to read as follows: "(8) If an affordable or employee housing project or an eligible commercial apartment(s) designated for employee housing contain(s) at least five (5) dwelling units, a maximum of twenty (20) percent of these units may be developed as market rate housing dwelling units. The owner of a parcel of land must develop the market rate housing dwelling units as an integral part of an affordable or employee housing project. In order for the market rate housing dwelling units to be eligible for incentives outlined in this section, the owner must ensure that: 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." P:\Tier\ROGO-031506.doc Page 26 of 29 Section 9. Section 9.5-266(a)(9), Monroe County Code, is hereby deleted. Section 10. Section 9.5-266(f)(1), Monroe County Code, is hereby amended to read as follows: "(1) 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. The covenants for any affordable or employee housing units shall be effective for a period of at least ninety-nine (99) years. b. 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 11. Section 9.5-266(f)(2) d., Monroe County Code, is hereby deleted and Section 9.5, 266(f)(2) e. is renumbered to Section 9.5-266(f)(2) d. Section 12. Section 9.5-266(f)(8), Monroe County Code, is hereby created that reads as follows: "(8) 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 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." P:\Tier\ROGO-031506.doc Page 27 of 29 Section 12. Section 9.5-266(f)(9), Monroe County Code, is hereby created that reads as follows: "(9) 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 within thirty (30) days ofthe written notice." Section 13. All applications in the ROGO system on the effective date of this ordinance that do not receive an allocation award in Quarter 4, ROGO Year 14, ending July 13, 2006, shall be re-scored in Quarter 1, ROGO Year 15, pursuant to the provisions of Sections 2 and 4 of this ordinance as modified by the vesting provisions of Section 14. Section 14. Notwithstanding the provisions of Section 2 of this ordinance, upon the effective date of this ordinance, the following vesting provisions shall apply to the scoring of applications in the ROGO system prior to the effective date of this ordinance: 1. All applications shall be eligible to continue to receive perseverance points beyond the first four (4) years in the system, at an 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 the ROGO system and the application had been revised solely to increase its point total through lot aggregation or land dedication, without revising the approved building permit application, 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 also be entitled to any perseverance points lost due to the withdrawal. 3. If any application received points for aggregation, which would not be authorized under the new aggregation provisions of Section 9.5-l22.4(c), the applicant shall receive +4 points for each aggregated lot. Except that all applications received after 9/27/05 that are on file with the county must be rescored prior to receiving an allocation pursuant to the mandate by the Florida Administrative Commission by Rule No. 28-20.110 and 28-20.120 (effective 9/27/05). . 4. All applicants in the ROGO system upon the effective date of this ordinance shall be notified by regular mail within thirty (30) days from the effective date of this ordinance by the County Planning and Environmental Resources Department of the new ROGO scoring system. In this notification, applicants shall be informed that they have thirty (30) days from the date of the notification, if they so chose, to submit a revision to their RaGa application to receive positive points through aggregation, land dedication, or payment of fees to the land acquisition fund. Within this one-time, thirty (30) day time period, applicants shall be able to revise their applications without payment of fees or a change in their controlling date upon condition that their approved building permit application is not revised. P:\Tier\ROGO-031506.doc Page 28 of 29 Section 15. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder ofthis ordinance shall not be affected by such invalidity. Section 16. 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 17. 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 18. This ordinance shall be filed in the Office of the Secretary of State of Florida. This ordinance shall not become effective until July 14, 2006, but not prior to or without a notice issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 19. 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 20. 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., 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tem Murray Nelson Commissioner George Neugent Commissioner David Rice Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor/Chairperson (SEAL) ATTEST: DANNY KOHLAGE, CLERK BY Deputy Clerk P:\Tier\ROGO-031506.doc Page 29 of 29