Item J2 J2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
April 17, 2024
Agenda Item Number: J2
2023-2323
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Meeting for the Board to Review and Offer Initial Opinions Regarding the County-Wide
Impacts Concerning a Proposed Amendment to the Text of the Adopted Monroe County Year 2030
Comprehensive Plan Requesting to Create a New Goal 113, a New Objective 113.1, and a New Site
Specific Subarea Policy (Policy 113.1.1), Described as "Tavernier Workforce Housing Subarea 1",
Which Includes Proposed Changes to Existing Comprehensive Plan Policies Limiting the Disposition of
Early Evacuation Unit Allocations to a 1-for-1 Exchange Program for Banking Into the County's
Administrative Relief Pool for Reducing Takings (Inverse Condemnation) and Bert Harris Act Liability
Countywide, as Proposed by Cemex Construction Materials, Florida, LLC.
ITEM BACKGROUND:
On February 28, 2024, an Amended and Restated Comprehensive Plan Text Amendment Application
was received by the Monroe County Planning and Environmental Resources Department from Smith
Hawks, P.L. on behalf of Cemex Construction Materials Florida, LLC. The proposed amendment to the
adopted Monroe County Year 2030 Comprehensive Plan involves the establishment of a new Goal 113,
a new Objective 113.1, and a new Policy 113.1.1, described as "Tavernier Workforce Housing Subarea
1". The proposed amendment to the text of the existing adopted Monroe County Year 2030
Comprehensive Plan, as submitted, is included in the backup documentation of this agenda item.
On March 13, 2024, the applicants and Planning and Environmental Resources Department professional
participated in a concept meeting as provided by the Monroe County Land Development Code ("LDC").
As part of the concept meeting pursuant to LDC Section 102-159(b)(1), the Planning Director identified
that the proposed amendment to the Comprehensive Plan will have a county-wide impact.
In accordance with Monroe County Land Development Code Section 102-159(b)(2),private proposals
to amend the text of the Land Development Code and/or Comprehensive Plan [with a County-Wide
Impact] shall require a public meeting with the Board of County Commissioners ("Impact Meeting")
prior to the application proceeding to the DRC for review . . . all Impact Meetings shall be held in
Marathon.
2680
During the Impact Meeting, County Planning and Environmental Resources Department professional
staff will identify, in writing, the county-wide impacts of the proposed amendment based upon the
results of the concept meeting in Section 102-159(b)(1). As provided in Land Development Code
Section 102-159(b)(1) the Impact Meeting is not to be a public hearing (the BOCC will not vote on
or furnish substantive direction with regard to the proposal), but a public meeting during which
the BOCC may offer their "initial" opinions and in which the public has an opportunity to offer
their input on the proposed amendment that has been determined to have a County-wide impact.
It should be noted that the proposed amendment has not yet been reviewed for consistency with the
Comprehensive Plan, Land Development Code, nor Florida Statutes. The purpose of this agenda item
is to discuss the county-wide impact of the proposed amendment to the Comprehensive Plan. The
county-wide impacts of the proposed amendment are identified in writing in the attached Memorandum
dated March 15, 2024, from Emily Schemper, A.I.C.P., C.F.M., Senior Director, Monroe County
Planning & Environmental Resources Department.
PREVIOUS RELEVANT BOCC ACTION:
On June 10, 2021, Monroe County BOCC Ordinance No. 005-2021 (adopted April 21, 2021)became
effective, adopting amendments to the Comprehensive Plan amending the Future Land Use element and
the housing element to establish a new building permit allocation category to accept and award 300
workforce housing early evacuation unit building permit allocations pursuant to the workforce-
affordable housing initiative (Workforce Initiative) authorized by the Florida Administration
Commission and the Florida Department Economic Opportunity by amendment as well as clarifying
policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,
601.1.2, 601.1.8, 601.1.11, 601.5.1 and creating new Policy 101.3.12 to establish the specific workforce
initiative requirements. Ordinance No. 005-2021 is attached as backup to this agenda item.
On August 16, 2021, Monroe County BOCC Ordinance No. 006-2021 (adopted April 21, 2021)became
effective, adopting amendments to the Monroe County Land Development Code amending the Section
138-24, residential ROGO Allocations, to establish a new building permit allocation category to award
300 workforce housing early evacuation unit building permit allocations pursuant to the workforce-
affordable housing initiative (Workforce Initiative) authorized by the Florida Administration
Commission and the Florida Department Economic Opportunity and to establish the specific workforce
initiative requirements. Ordinance No. 006-2021 is attached as backup to this agenda item.
On February 15, 2024, the Monroe County BOCC passed and adopted Ordinance No. 004-2024,
approving a text amendment to the Monroe County Land Development Code to newly create Section
130-143 to create a "Tavernier Commercial Overlay District"; including the purpose and intent,
boundary, applicability,NROGO Allocation standards, and maximum nonresidential and residential
development potential for parcels located at 92501 Overseas Highway, Key Largo, currently having
Parcel Identification Numbers 00089490-000000 and 00490250-000000.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
2681
DOCUMENTATION:
Memorandum regarding CP Text Amendment File 2023-205.pdf
Private.Applicants_Proposed Text Impact Meeting
2020-067 Ordinance 005-2021.pdf
2020-068 BOCC Ord. 006-2021.pdf
FINANCIAL IMPACT:
N/A
2682
` fJ 8 f ll,l0
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
From: Emily Schemper, A.LC.P., C.F.M. "='s
Senior Director,Monroe County Planning &Environmental Resources Department To: Barton Smith, Esq.
Smith/Hawks P.L.
Date: March 15, 2024
Subject: Proposed Comprehensive Plan Amendment Seeking a Subarea Policy to Change Existing
Comprehensive Plan Policies Limiting Disposition ofEarly Evacuation Unit Allocations to
1 for-1 Exchange Program for Banking Into Administrative Relief Pool for Takings and
Bert Harris Act Liability Reduction Countywide(File 2023-205)
1 I PURPOSE
2
3 This memorandum is to memorialize my determination pursuant to Land Development Code Section 102-
4 159(b)(1) that the amendment(s) (i.e., changes)you have proposed (File 2023-205) to the Monroe County
5 Year 2030 Comprehensive Plan shall have a county-wide impact.
6
7 II ANALYSIS
8
9 Pursuant to the Comprehensive Plan (CP) policies approved by the Board of County Commissioners
10 through its adoption of Ordinance No.005-2021,use of the 300 early evacuation unit allocations is textually
11 limited to inverse condemnation and Bert Harris Act liability reduction exchange program disposition
12 whereby an early evacuation unit allocation's allowed use is expressly limited as follows: "Requests for
13 workforce housing early evacuation unit allocations shall be available only for a 1-for-1 exchange for
14 affordable allocations/exemptions... The affordable allocations returned to the County in exchange for
15 workforce housing early evacuation unit allocations shall be banked and used for future administrative
16 relief, beneficial use determinations and to resolve inverse condemnation cases and Bert J. Harris Jr.
17 Private Property Rights Protection Act cases." See CP Policies 101.3.12(a)—(a)(1) (Emphasis supplied).
18
19 The Board's exclusive statement of legislative intent regarding allowable disposition of early evacuation
20 unit allocations is equally plain and unambiguous: "[Tlo be used in exchange for existing affordable
21 allocations at multifamily developments . . . (bank them within an administrative relief pool)[T' See
22 Ordinance No. 005-2021, at PP. 3-4 (Emphasis supplied).
23
24 Your proposed amendment involves a text change to the Board's limiting CP policies enumerated in
25 Ordinance No. 005-2021 that,if approved,would allow your clients to take 86 early evacuation allocations
26 and use them for development without giving in return an equal number of affordable allocations or
27 affordable exemptions to be placed in the County's administrative relief bank for takings and Bert Harris
28 Act liability reduction protecting Monroe County property owners, residents, and taxpayers against such
29 claims countywide.
30
Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 1 of 4
2683
I The Board's consistent months of direction and Planning & Environmental Resources Department staff s
2 recommendation resulting in the formulation of this policy limitation restricting use of the 300 early
3 evacuation unit allocations to the adopted 1-for-1 exchange program to reduce takings and Harris Act
4 liability exposure countywide is demonstrated/shown below.
5
6 Commissioner Lincoln: "My fear of turning them into affordables is then a developer is going to
7 grab them up, and they're going to be all on one or two sites." Commissioner Rice: "I agree."
8 Commissioner Lincoln: "And it's not going to help us with individual homes that we still want
9 built, and..." County Attorney Bob Shillinger: "It's going to put us a lot closer to takings build-
10 out." Commissioner Lincoln: "Right."
11
12 See February 19,2020, Regular BOCC Meeting, at Discussion and Direction Item I-7.
13
14 Commissioner Lincoln: "And it would protect our takings on getting that many more off the books,
15 versus having these become multi-family on one unit,which helps our workforce housing problem
16 but it doesn't help our takings cases."
17
18 See February 19,2020, Regular BOCC Meeting, at Discussion and Direction Item I-7.
19
20 Commissioner Lincoln: "And I'm going to jump up a little higher and give my thoughts on the 300
21 units. I think originally when it was agreed upon that we would take those, my understanding was
22 it would help us with takings cases down the line, and my vision for those were for them to be
23 individual units on scattered sites that would help alleviate 300 takings cases, not developing
24 another 200 or 300 apartment complex somewhere. And so when I spoke with staff that's kind of
25 how my conversations went with them, and then I think unfortunately at the day of the meeting
26 way back when I did not convey that message again. So in my time speaking with our staff I keep
27 bringing that up: Is there any way, if we accepted these 300 units, that they could be held in our
28 bank and used for takings cases and be individual homes on scattered sites. And that is kind of the
29 direction that I would want staff to move forward to on taking the 300 units. In speaking to other
30 people about that there's been some soft conversations with some of the developers right now on
31 some of their projects, the Wreckers Cay and Quarry, and their comfort level in taking those 300
32 units, that would have those extra deed restrictions of earlier evacuation, and switching them, and
33 giving us back our 300 units that are unrestricted and taking these 300 with those restrictions, and
34 they're open to those conversations. That would give us some of those units immediately will be
35 evacuated sooner, so that would help alleviate what we just we're learning about with
36 intensification of a storm, so that would make us safer on that way, and it would then give us those
37 300 units that we could put in a bank and save for later."
38
39 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5.
40
41 Commissioner Lincoln: "I would just again like to pitch my idea on the 300 and saving them in our
42 bank for when takings cases happen and saving them to be available on scattered sites,which would
43 be 300 sites, to save us from 300 takings cases, and continuing a discussion with some of the
44 developers out there now that have said they're willing to accept those deed-restricted that the State
45 would be offering. So they would be having to leave 48 hours in advance, and seeing if our staff
46 can't come up with an idea regarding that concept. It would not be adding any more units until we
47 are having to face takings cases." Commissioner Rice: "I can be very brief because I can't say it
48 any better than Michelle just did. Thank you." Commissioner Cates: "I just want to agree with
49 Commissioner Lincoln also. I think it's a great idea, and I support that."
50
51 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5.
Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 2 of 4
2684
I Assistant County Administrator Christine Hurley: "Can I have a point of clarification with the
2 Board? Mayte and Emily are working and having a community meeting coming up at the end of
3 July, and I think this discussion just narrowed the policy compared to how we have it drafted right
4 now. I know you're not going to vote on it, but I just want to make sure I'm clear: We're going to
5 now,based on the three (3)people that voted `No'to that motion,amend the text we are processing
6 to eliminate just accepting the 300 affordables to be given out in our regular pool and instead only
7 draft the language to take it to process it so that those units would only be taken if another
8 development is willing to exchange the units so that we could hold back the 300 for admin.relief?
9 Administrative relief is what we call `holding the units for..." County Attorney Bob Shillinger:
10 "For takings cases." Assistant County Administrator Christine Hurley: "For takings cases
11 basically." . . . Assistant County Administrator Christine Hurley: "I think from the three (3) of you
12 that voted `No' I just am looking, that's your intent,the way it was described by Commissioner
13 Lincoln?" Commissioner Cates: "Yes." Assistant County Administrator Christine Hurley: "Okay.
14 So we do need to do some revisions which we'll work on. Thank you."
15
16 See July 15, 2020, Regular BOCC Meeting, at Discussion and Direction Item I-5.
17
18 Senior Planning Policy Advisor MUte Santamaria: "And the amendment again remains as an
19 exchange program as directed by the Board, where affordable housing allocations or exemptions
20 or units are swapped for the early evacuation units, and then the recouped or returned affordable
21 housing is set aside and banked for potential future takings cases.
22
23 . . .
24
25 So the amendments are crafted to match and be consistent with the Board's direction that was
26 provided of February and July of last year, and again that is to accept our portion of the 300
27 workforce early evacuation units,but to create it as an exchange program where existing affordable
28 allocations are swapped for the early evacuation units,and then the returned or recouped affordable
29 housing allocations are banked away by the County for future takings cases.
30
31 . . .
32
33 So based on this Board policy direction to establish an exchange program,this limits the use of the
34 300 early evacuation units to only be exchanged with existing affordable housing units or existing
35 approved affordable housing allocations. It's not for the development of brand-new units. It's just
36 a swap process. So it should not increase development potential at the sites that are proposing a
37 swap. Again, it is only an exchange with existing affordable approvals or existing affordable
38 housing dwelling units. It adds additional criteria to those units, i.e. the early evacuation criteria.
39 But otherwise should not change the character or the development at the site where the exchange
40 is occurring or county-wide. The Board policy direction also included that with the exchange of
41 allocation[s]it maintains our focus on redevelopment in infill because it's only swapping allocation
42 rights and adding additional requirements. It is not incentivizing new or additional development,
43 or added density, or encroachments into habitat. And then finally the Board's direction also
44 includes that the recouped or recaptured affordable allocations are banked to resolve potential
45 takings cases. This provides the County with an additional resource to potentially address future
46 liability. And while the resolution of a future takings case may result in the award of one of these
47 banked units, we do not anticipate an immediate increase in any current development potential
48 within the County. So with that, staff is recommending approval to both the Comp.Plan and Code
49 amendment, consistent with the Planning Commission and the Board's direction for the exchange
50 program." Commissioner Lincoln: "Thank you. Commissioner Cates?" Commissioner Cates:
51 "Yeah I'll just say I'll make a motion to approve if there's no [public] speakers." Commissioner
Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 3 of 4
2685
I Lincoln: "Do we have a second?" Commissioner Forster: "Second." Commissioner Lincoln: "We
2 have a motion and we have a second. Do you want to call roll please Pam?" [Motion carried
3 unanimously].
4
5 See April 21, 2021, Regular BOCC Meeting, at Public Hearing Items S-1 and S-2.
6
7 III CONCLUSION
8
9 As draining 86 early evacuation allocations free from the established 1-for-1 exchange program results in
10 86 allocations that would not be in Monroe County's administrative relief bank to satisfy inverse
11 condemnation and Bert Harris Act claims arising throughout the County, it is my determination that the
12 amendment you have proposed involves changes to the policies of the Comprehensive Plan that will result
13 in a county-wide impact.
Memorandum Concerning Proposed CP Policy Changes(File 2023-205) Page 4 of 4
2686
BOCC Impact Meeting
Private Applicant's Proposed Text Amendment to Monroe County Comprehensive Plan
(Planning and Environmental Resources Department File#2023-205)
*Staff recommended edits and comments related to consistency with Comprehensive Plan,
Land Development Code, and State Statutes are not included*
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2687
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y. Density !Irovisions,
a. For condstet c in order to irnplgil)gnt the Florida Key-
T y with PolicY JQL��M, �. N
�.',arryigg �:-,,apacity Sq,ldy and rnaintain the overall C,otInty allocated density and dig
preservation of native habitit, the allocated density I'm the Tavernier Workl'orce.
a 1!12area I shall be zero (Q),
1), There shall be no 1-flaxil-fil"Irn net density standard available for rnarket-rate dwelfigg
t.mits or transient t,mits,
C, The 1-flaxii-niji-n floor area ratio(EAJ ,) for all nonresidential tjses within the st.flmrea
shall be zero,
d, In accordance with Policy 10 1�5�2L dig f'olloWing, dgfl�ity and 111tenSity standards
shall be applicable to the Tavernier Workforce I Im.ising Slt.flmrea I
2688
Esthnate(]I Vaxinumn Developincint Potential
I
Lain(] Use Allocate(] Maxinumn (Iffilross Opein Bufld4ble Developincint
Density Net Uplain(] Space A ire a. Potential
Density Airea of' Ratio
Site
Market Rate 0 dt..i/acre N/A N/A N/A N/A Odt..i/acre
DINCHilIg UllitS
AlTordable 0 run/acre 18 6,38 acres 0,20 5,104 8 6 d
DINCHilIg UllitS d ti/b ti i p dab I acres
e acre
Transient Units 0 run/acre 0 dt..i/acre N/A N/A N/A 0 dt..i/acre
N o n r e s i d e n t ia 1 0,0 FAR N/A N/A N/A N/A 0 s 1,
U ses I I I I I 1 1
3, 01fly !]� land t,,ises listed below shall be p�,rrnitted within the'Favernier Work force I 101"IsIng
S4.ibarea 1,
Pen-nitted ol'righ!,
i. Detached dw(jling giiits, desigflated as ernpigyge hogsing as Provided ill
LDC', Section 139- 1
i i, Accessory ljses�,-
1). Pen-nitted as a Major condition(ld use sutlect to the standards and p!:2��,dt..ires set,
l'orth ill the Monroe (:..,ounty 1:,and Devejopij]g t (:..,od(, (:-ji,p!gl I 10, Aqicle III,
i, Attached dwelling desigDated as erfipl2ye,C hoUSIng 'Is pLovided in,
LDC', Section 139- 1,
C, Pen-nitted and C,onditional t..ise firnitations,
i, AH residential t.mits const use ted within the st..ibarea shall be deed-restricted
ill accordance with Policy �QJJJI
i i, No rnarket-rate hogsing, shall be allocated, assigflgd, trawd'erred to the
1,or otherwise eke ve large d with ill the,
Favern ier W ork force I I ot..isi ng, Sgbarea I
iii, prrpe,rdes within the 'Favernier Work I`6rce I ImIsing �j,!barea ➢I shall not be,
eligible sender sites for alTordable hotjsinli, ROGO exenVions orj"RFs:-,.
iv. The incornecrane bes for d e eigh!y�-aix ggits shall consist of'
� I I
ijigOgrate-incornee tiflItS -----—---------- rD(,dian incorne gnits, and.
101AIJ11COITIC LIllits, Once the eigh!y six gl]pj2y�,C hol"IsIng
t.mite are developgo, t�]g alTordable hoilsing, iflcgijig restrictions rnay 12ez
2689
reconfigjj!!,d within the plopgIty so as to ensure occllllpallt(u,) gill 1-fleet the.
for the 1"Illit ocgl!paed,
4, Rate ol'Growth Ordinance Mlocations,
d, Notwithstanding 111,111 Policy and LDC, Section,
1 2-, thg Favernier Work force I lot..Ising, Sgbarea I shall be eligible to
receive eigb!y�-six allocatiolls by !Dgalls of'-
i, Award ol'eighty-` ix lsing, garly gyacl..lation Ix'Idding llgl�
allocations 1rorn Monroe :..,array. i
(: ity pj,!jm..mnt to the Workl'orce-All'ordable,
1101.1sing, Ifliticitive, rCserved by ij)gans ol'a resoll..1tion, The BOC"C',
may, at its discretiot lac.e. Conditions on the reservation,
See IMarrrrrrrroc County Board of County Corrlrrlksdoncrs Or(finance No.005-2021, to
the Monroc County 2030 Cornprchcns�vc plan.
"Sea, IMarrrrrrrroc County Board ofCounty Corrlrrlksdoncrs Or(finance No.006-2021, to
the Monroc County I and Developurlent Code.
2690
01�14
Kevin Madnk, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of'Stale
Administrative Code& Register
500 S Bronougli Street
'l,allaliassee FT.323994)2.50
To Vvliolii 11 May Concern,
Attacl led is an electronic copy of Ordinance No. (H).5-2021 adopting anlendlnents to ale
Monroe County 2030 Compreliensive Plan `unending the Future Land i Ise Clement and the
Housing Clemcnt to establish a new building pennit.allocation category to accept acid award 300
worklorce housing early evacuation unit building pennit allocations pursuant to the Workforce-
Aflordable Housing Initiative (Workforce Initiative) autlimized by die. Florida Adininistr-ation
Commission and die Florida Department 1,conoinic. t;)pportunity by aniending as well as clari#yiiig
Policies f 01.2.2, 101.2.4, 101.3.1, 101.342, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,
601.1.2, 601.1.8, 601.1.11, 601.5.1 aiid creating new Policy 101.3.12 to establish the specific
work#orce initiative requirements; providing for severability; providing liar repeal cif con#licting
fir ovisiiiis; prowiding f(.)r(ransinittal to lie State Land Planning Agency and the Secretary of State;
provding for aniendment to and incorporation in the Monroe County Compreliensive Plan;
providing for an effective date. (File No. 2020-067)
'171iis Ordinance was adopted by the Monroe County 13oard of County Commissioners at a
regular nieeting, held in lornial session, on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Ke,%in Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-Officio to the Monroe County
Board of County Commissioners
15f P,-une1a G. H icock, 1).[
cc: Planning& 1'nvironinental
County Attorney
B[)CC
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florie-" -1
305-294-4641 305-289-6027 305-852-7145 305-852-7145 2691
1 '� -
2
3
4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.005-2021
10
11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH
15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT
16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE
18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE
19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION
20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC
21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1,
23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY
24 10i.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE
25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO. 2020-067)
31
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety. and welfare of the County's citizens; and
36
37 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
38 designation as area of critical state concern,establishes the intent to"ensure that the population of
37 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
40 amendments to each local government's comprehensive plan to include "goals, objectives, and
41 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
42 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
43
44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
45 Ordinance ("ROGO") in order to provide for the safety of residents in the event of a hurricane
46 evacuation and to protect the significant natural resources of Monroe County, as required by the
47 State of Florida; and
Ordinance No. 2021 Page t of 20
File 2020-067
2692
1
2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
5 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
6 rental occupants evacuate in the early phase(48-hour window)of a hurricane evacuation; and
7
8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
11 6.5 hours in Phase I; and
12
13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
14 by geographic and environmental features,housing supply limited by controlled growth(including
15 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
16 lower paying service-sector employment; and
17
18 WHEREAS, the need to protect and preserve an adequate inventory of
19 affordable/workforce accessible housing is a continual as well as a growing challenge in the
20 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
21 housing units throughout the Florida Keys; and
22
23 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
24 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
25 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
26 related to the enforceability of the evacuation provisions; and
27
28 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
29 but took no official action; and
30
31 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
32 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
33 Development Code amendments to: D Move a portion of market-rate ROGO units to the
34 affordable housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by
35 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
36 Evacuation model; and
37
38 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
34 a-comprehensive plan and land development code amendment to: _U Move a portion of the 378
40 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
41 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
42 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
43 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
44 to start the process to accept the 300 workforce housing units; and
45
46 WHEREAS,on July 15, 2020,during a discussion item on potentially shifting market rate
47 allocations to the affordable housing pool, the BOCC provided further direction to staff' on
Ordinance No.005-2021 Page 2 of 20
FiIc 2020-067
2693
1 accepting the 300 workforce housing early evacuation unit building permit allocations.The BDCC
2 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
3 be used in exchange for existing affordable allocations at multifamily developments (for
4 developers that agree to the early evacuation restriction) and the affordable housing allocations
5 returned to the County(returned in the exchange)be set aside and banked for takings cases(bank
6 them within an administrative relief pool); and
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
11 manage land use and development; and
12
13 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
14 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
15 2020; and
16
17 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe
18 County Planning Commission held a public hearing for the purpose of considering the proposed
19 amendment and provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20,
22 recommending approval for the proposed amendment, with edits identified in the resolution for
23 Policies 101.2.2, 101.3.10 and 101.3.12; and
24
25 WHEREAS,the Monroe County Board of County Commissioners is authorized by Florida
26 Statute § 125.01(1)(h).,to establish, coordinate and enforce zoning and such business regulations
27 as are necessary for the protection of the public; and
28
29 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
30 County Board of County Commissioners held a public hearing, considered the County's
31 professional staff report, and provided for public comment and public participation in accordance
32 with the requirements of state law and the procedures adopted for public participation in the
33 planning process; and
34
35 WHEREAS,at the January 20,2021,public hearing,the Monroe County Board of County
36 Commissioners voted to transmit the proposed amendments to the Department of Economic
37 Opportunity to review the proposal, with a modification to Policy 101.3.12 to eliminate the
38 requirement for a development agreement; instead requiring a resolution approving a contract;and
39 -- -
40 WHEREAS, at the January 20, 2021, public hearing, the BDCC adopted Resolution No.
41 041-2021, transmitting the proposed text amendment to the State Land Planning Agency; and
42
43 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
44 Objections, Recommendations and Comments("ORC")report,received by the County on March
45 30, 2021; and
46
Ordinance No.005-2021 Page 3 of 20
File 2020-067
2694
1 WHEREAS,the ORC report stated that"the Department[of Economic Opportunity] does
2 not identify any objections or comments to the proposed amendment"; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to
5 adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment;
6 and
7
8 WHEREAS,at a regularly scheduled meeting on April 21,2021,the BOCC held a public
9 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
10
11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
14 manage land use and development; and
15
16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying professional staff report, the Monroe County Board of County Commissioners
18 makes the following findings of fact and conclusions of law:
19
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development for
23 the Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
24 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
28
29 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
30 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
31
32 Section 2. The Monroe County Comprehensive Plan is hereby amended as follows:
33
Proposed Amendment: deletions are str-ieken 4weuo; additions are shown in underlined.
34
35 Objective 101.2
36 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
37 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
38 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
39 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
40 adopted between the County and all the municipalities and the State agencies.
41
42 Policy 101.2.1
43 Monroe County shall maintain a memorandum of understanding with the State Land
44 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
45 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
Ordinance No. 005-2021 Page 4 of 20
File 2020-067
2695
I data and analysis,the input variables and assumptions, including regional considerations,
2 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
3 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
4 clearance times for the population of the Florida Keys.
5
6 Policy 101.2.2
7 Monroe County shall coordinate with all the municipalities, the State Land Planning
8 Agency and Division of Emergency Management to update the variables and assumptions
9 for the evacuation clearance time modeling and analyses of the build-out capacity of the
10 Florida Keys Area of Critical State Concern based upon the release of the decennial
11 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
12 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
13 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
14 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
15 maintaining an evacuation clearance time of 24 hours.The County-A411 adopted a slower
16 rate of annual allocations for market rate development to extend the allocation timeframe
17 to 20262r� without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
18 County shall reevaluate the annual RGGO allocation rate based on: 1) statutory changes
19 for hurricane evacuation clearance time requirement standards; 2) new hurricane
20 evacuation modeling by the State Land Planning Agency and Division of Emergency
21 Management; and 3)a new or revised memorandum of understanding with the State Land
22 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
23 West, Key Colony Beach and Layton (see Policy 101.2.1).
24
25 h`otwitlistanding the tore,,,oing and pursuatit to i'olicies 101.3.2 101.3.3 and 101.3.12
26 Monroe County_ shall establish a ncNv allocation category to accept and a«;ard 300
27 W(Vo OI-Ce housing- early evacuation unit building perinit allocations pursuant to the
28 Workforce-Affordable Housing; InitIatlye JI'olicy 101.3.12 Workforce IniIiative). These
29 allocations are in addition to the iliaximum allocations identified in Rules 28-20, F,A—C-,
30 atld shall be required to eVacuate in Phase I of the 48-111' e. dUtalion of a pcntllngmajor
31 llurricilne.
32
33 Policy 10I.2.3
34 The County will consider capital improvements based upon the need for improved
35 hurricane evacuation clearance times. The County will coordinate with the FDOT, the
36 state agency which maintains U.S.1, to ensure transportation projects that improve
37 clearance times are prioritized.
38
39 - -- Policy 101.2.4
40 In the event of a pending major hurricane (Category 3-5) Monroe County shall
41 implement the following staged/phased evacuation procedures to achieve and maintain
42 an overall 24-hour hurricane evacuation clearance time for the resident population.
43 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
44 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
45 vessels(transient and non-transient),Hiid military personnel and units approved. and
46 dectl restricted as workforce housing early eWICW3l-loil Units from the Florida Keys
Ordinance No. 005-2021 Page 5 of 20
File 2020-067
2696
1 shall be initiated. State parks and campgrounds should be closed at this time or sooner
2 and entry into the Florida Keys by non-residents should be strictly limited.
3 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
4 of mobile home residents, special needs residents, and hospital and nursing home
5 patients from the Keys shall be initiated.
6 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
7 evacuation of permanent residents by evacuation zone (described below) shall be
8 initiated. Existing evacuation zones are as follows:
9 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
10 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
11 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
12 63)
13 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
14 63-106.5 and MM 1-9.5 of CR 905)
15 e) Zone 5 -905A to, and including Ocean Reef(MM 106.5-126.5)
16
17 The actual sequence of the evacuation by zones will vary depending on the individual
18 storm. The concepts embodied in this staged evacuation procedures should be embodied
19 in the appropriate County operational Emergency Management Plans.
20
21 The evacuation plan shall be monitored and updated on an annual basis to reflect
22 increases,decreases and or shifts in population; particularly the resident and non-resident
23 populations.
24
25 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
26 of allocations to more than 197 residential units a year, except for affordable housing.
27 Any increase in the number of allocations shall be for affordable housing. Monroe County
28 hereby accepts 300 work liorceIa11'ordable) housing early evacuation unit huifclingPer III
it
29 allocaliolls pursuant to the Workftorc e-Aiibrdable Housing Initiative (Policy 1(]1.3.12
30 Workl'orc:c Initiative authorized by the Florida Administration Commission and the
31 Florida Department Economic Opyoilullity. These allociltlops are ill addition to the
32 111axi111un1 allocations identified in Rules 28-20 F.A.C.. shall be restricted to rental
33 occu oancv ftir those who derive at least 70''4,of their income as members of the work force
34 in Monroe Count�w ho_meet the at'lbrdahle 110usi11g islcome categories of the Monroe
35 County Latid Development Code. The allocations shall he required to eWICUElte in Phase
36 1 of the 48-hr evaCu211011 of a .elld111g, maior hurricane. No new additional residential
37 dwellitig unit allocations shall be authorized within the Phase 1 of the 48-1ir evacuation
38 unless approved acid provided by the Florida Administration Commission and the Florida
3� Dc xinment Economic Oppoilullity after review of 11111-1-1Cal1L'evacuation 111odelim"results
40 by the Stale Land Pli3illlln Agency and the Division_of' Emer.-only Management oi'
41 avi3llable e1'acuatioll Capacity and it review of the level of service and mallable capacity
42 fin-all public 111Cilities.
43
44 Objective 101.3
45 Monroe County shall regulate new residential development based upon the finite carrying
46 capacity of the natural and man-made systems and the growth capacity while maintaining a
47 maximum hurricane evacuation clearance time of 24 hours.
Ordinance No. 005-2021 Page 6 of 20
File 2020-067
2697
1
2 Policy 101.3.1
3 Monroe County shall maintain a Permit Allocation System for new residential
4 development known as the Residential Rate of Growth Ordinance(ROGO) System. The
5 Permit Allocation System shall limit the number of permits issued for new residential
6 dwelling units. The ROGO allocation system shall apply within the unincorporated area
7 of the county, excluding areas within the county mainland and within the Ocean Reef
8 planned development (Future development in the Ocean Reef planned development is
9 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
10 recognized and issued by the Department of Community Affairs). New residential
11 dwelling units included in the ROGO allocation system include the following: affordable
12 housing units; market rate dwelling units; mobile homes; a+R4 institutional residential
13 units(except hospital roams)- and worklifrce liousing early ev,[cuation units.
14
15 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
16 a distinct location, and therefore cannot be accounted for in the County's hurricane
17 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
18 or associated wet slips be transferred upland or converted to a dwelling unit of any other
19 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
20 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
21 Exemption).
22
23 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
-24 units; and seasonal residential units are subject to Policy 101.3.5.
25
26 Policy 101.3.2
27 The number of permits issued for residential dwelling units under the Rate of Growth
28 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
29 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
30 ROGO year and 00 w ork10rce housi11 9 early e.'acuation_unit bui[dingpernnit allocations
31 authorized by the Florida Administration Commission and tiic Florida De amnent
32 l'connmic OPL101tu nit y. A ROGO year means the twelve-month period beginning on July
33 13. Market rate allocations shall not to exceed 126 residential units per year. Unused
34 allocations for market rate shall be available for Administrative Relief.
35
36 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
37 completed the hurricane evacuation clearance time modeling task and found that with 10
38 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
39 clearance time. This creates challenges for State of Florida and Monroe County as there
40 are 8,168 privately owned vacant parcels[3,979 Tier I; 393 Tier 11,260 Tier 111-A(SPA);
41 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may
42 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
43 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds
44 the total number of allocations which the State will allow the County to award,the County
45 ado ptcd a slo\N er rate ol'annual allocations for market rate development to extend the
46 allocation timetrame to 2026 and is accepting 300 \vork'force alordable ltousing curly
47 evacuation unit buiidin = )erniit allocations PUYSUMIt to the Workl«rce-Afl'Ordahle
Ordinance No. 005-2021 Page 7 of 20
File 2020-067
2698
1 linusirl�,' lrlitiaiive [Polio• 101.3.12 Workforce Initiati%,c) authorized by the Florida
2 Administration Commission and the Florida Department Economic Oppoilunity. These
3 NN!orkforce housing carly evaCLM6011 2110Catinns that are in addition to the maxlnlultl
4 buildin,,; perinit_allocati_ons identified in Rules 28-20. F.A.C. The C'ounly will consider
5 adopting an extended timeframe for distribution of the ROGO allocations through 2033
6 with committed financial support from its State and Federal partners. This timeframe can
7 provide a safety net to the County and provide additional time to implement land
8 acquisition and other strategies to reduce the demand for ROGO allocations and help
9 transition land into public ownership.
10
11 The County is actively engaged in acquisitions and is requesting its State and Federal
12 partners for assistance with implementing land acquisitions in Monroe County. The
13 County will allocate the 1,970 new dwelling unit allocations t111-OUi�11 July 12. 2026 ovel
14 it 10 - timeli-ame. If substantial financial support is provided by July 12, 24142023,
15 the County will reevaluate the ROGO distribution allocation schedule and consider an
16 extended timeframe for the distribution of market rate allocations (through a
17 comprehensive plan amendment). Further,the State and County shall develop a mutually
1s agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private
19 Property Rights Protection Act cases, with the State having an active role both directly
20 and financially in the defense of such cases.
21
22 The County shall distribute ROGO allocations by ROGO year, as provided in the table
23 below.
24
Annual Allocation
ROGO Year
Market Rate Affordable Housing Workforce lnitiati-,e
July 13,2013—July 12,2014 126 71
July 13,2014—July 12,2015 126 71
July 13,2015—July 12,2016 126
July 13,2016—July 12,2017 126
NfA
July 13,2017 July 12,2018 126
July 13,2018---July 12,2019 126
July 13, 2019—July 12,2020 126
568 total AFH
July 13,2020—July 12,2021 64 (total available
July 13,2021—July 12,2022 64 immediately)
July 13,2022—July 12,2023 64
July 13,2023—July 12,2024 62 3tu1°
July 13,2024—July 12,2025 62
July 13, 2025—July 12,2026 62
TOTAL 1,260 710* Utl
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through
the Incidental Take Permit(ITP)ending in 2023.
Ordinance No.005-2021 Page 8 of 20
File 2020-067
2699
** Workforce hotising earls eyacuatioti unit allocations shall he available countywide (unincorlxnrated
county) acid distributed on a f irst-tame lirst-serve basis. RcuLIests for d«clling Units de%eIoped and/or(Iced-
restricted utllizim-, the \voi-kl0rce housinu early evacuation will allocations are_subiect to the provisions of,
Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6
7
8 Policy 101.3.3
9 Monroe County shall allocate at least 20% of the annual allocation, or as may be
10 established by the State of Florida, pursuant to Administration Commission Rules, to
11 affordable housing units as part of ROGO. Any portion of the allocations not used for
12 affordable housing shall be retained and be made available for affordable housing from
13 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
14 workforce housing early evacuation units shall meet the criteria specified in Policy
15 601.1.4 and the Land Development Code, but shall not be subject to the competitive
16 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed
17 for affordable housing.or workf'Orce housing earl�, evacuation units shall not be located
18 within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A
19 Special Protection Area as set forth in Policy 205.1.1.
20
21 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
22 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
23 the following criteria:
24 1. The property contains an existing market rate dwelling unit that meets the criteria in
25 LDC Section 138-22(a) and is determined to be exempt from ROGO;
26 2. The proposed replacement affordable dwelling unit meets current Florida Building
27 Code and is not a mobile home;
28 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
29 99 years as affordable housing pursuant to the standards of the Land Development
30 Code; and
31 4. The proposed site plan for the replacement affordable dwelling unit does not propose
32 any additional clearing of habitat.
33
34 Policy 101.3.4
3S The Permit Allocation System (or Rate of Growth Ordinance) for new residential
36 development shall specify procedures for:
37 1. establishing the annual number of permits for new residential units to be issued during
38 the next ROGO year based upon, but not limited to the following:
39 a. expired allocations and building permits in previous year;
40 b. allocations available,but not allocated in previous year;
41 c. number of allocations borrowed from future quarters;
42 d. vested allocations;
43 e. modifications required or provided by Administration Commission Rules;
Ordinance No. 005-2021 Page 9 of 20
File 2020-067
2700
1 f. modifications required or provided by this plan or agreement pursuant to Chapter
2 380, Florida Statutes; and
3 g. receipt or transfer of affordable housing allocations by intergovernmental
4 agreement; and
5 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
6 Clearance Time Memorandum of Understanding.
7 2. allocation of affordable housing; work Iorce housing early eN acuation units and market
8 rate housing units in accordance with Policicsy 101.3.2 and 101.3.3; and
9 3. timing of the acceptance of applications, evaluation and scoring of applications, and
10 issuance of permits for new residential development during the calendar year.
11
12 Policy 101.3.5
13 Due to the limited number of allocations and the State's requirement that the County
14 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
15 shall prohibit new transient residential allocations for hotel or motel rooms,campground
16 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
17 Lawfully established transient units shall be entitled to one unit for each type of unit in
18 existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024-2011)
19
20 Policy 101.3.6
21 All public and institutional uses (except hospital rooms) that predominately serve the
22 County's non-transient population and which house temporary residents shall be subject
23 to the Permit Allocation System for residential development, except upon factual
24 demonstration that such transient occupancy is of such a nature so as not to adversely
25 impact the hurricane evacuation clearance time of Monroe County.
26
27
28
29 Policy 101.3.9
30 For those ROGO applications and properties which have not received a ROGO award for
31 four consecutive years and have applied for administrative relief, which are designated
32 Tier I, I1, or IIIA, the County or the State shall offer to purchase the property if funding
33 for such is available. Refusal of the purchase offer shall not be grounds for granting a
34 ROGO award.
35
36 Policy 101.3.10
37 Notwithstanding any other provision of the Plan, except the last sentence of this Policy_
38 101.3.10. bUildilIg [arm allocations utilized for affordable housing projects may be
3-9 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
40 ROGO subarea,and between local government jurisdictions within the Florida Keys Area
41 of Critical State Concern (ACSC). Any such transfer of all'Or(able housing allocations
42 between local government jurisdictions must be accomplished through an interlocal
43 agreement between the sending and receiving local governments. Intedocal agreements
44 that it vok e assigning (Ile C'nuntN"',af]'M-daihle Ilk using_(i���t including all'ordahle housing
45 allocations banked for takings cases) allocations it) cxim-mg, thielling xniis isilhin it
46 InIIIIicipali11•w i111 a requirement that the associated market rate RO[a(].B11AS exemptions
47 be transferred into the unincorporated COL111ty as an exchange for the al ordable llousin�4
Ordinance No.QQJ-2021 Page 10 of 20
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1 allocations transferred to the n7unlclpality% shall be accolnp71ish_ed_ through a tninor
2 condttlonal use pennit approval and shell he subject to the receiver site criteria in Polic:
3 101.6.8 and n7ay be transferred to an y subarea xyithin the unincol orated Count y. In no
4 event shall the Couniv (l) pool and transfer workforce housing early evacuation unit
5 allocations between RDGO sub-areas, (2) transfer workforce how�early evatcualicm
6 unit allocations to another 'ovulli ent iurisdictioti, 3 receive workforce housing early!
7 evacuation unit huilding allocations from another government jurisdiction or 4 transfer
8 affordable housing, ROGO allocatlonns received by the C'ounly it7 exchatige for workforce
9 housir7g early evacuatiot7 unit allocations to another governn7ent iurisdiution.
10
11
12 Policy 101.3.11
13 Monroe County may receive additional building permit allocations pursuant to the 2012
14 completed hurricane evacuation clearance time modeling and allocation
15 recommendations by the State Land Planning Agency and the Administration
16 Commission's direction that the City of Key West wood transfer annually(by July 15th)
17 any remaining unused allocations for that year to the other Florida Keys' local
18 governments based upon the local governments' ratio of vacant land. Any transferred
19 allocations from the City of Key West to Monroe County shall be made available for
20 Administrative Relief. Monroe County may receive, rind award 300 bUlldln s perniii
21 allocations desi gnatcd as workforce housing early evacuation units Dursualctt to the
22 Workforce-Affordable Housing [nitiative (Policy 101.3.12 Workforce _lnitialive) as
23 provided by the Florida AdnMistration Commission and the Honda Depann7ent
24 Economic(]7 7rn-lunity. These allocations that are In add tl1oii to the n7ax1inuin allocations
25 identified in Rules 28-20_ F.A.C. and shall be re wired to evacuate in Phase 1 of'tlte 48-
26 hr evacuation of a peI7dijig 177a1or hurrcane.
27
28 Polic)° 101.3.12
29 Workforce Initialire.To support Monroe Count 's vorkforce by alleviating- cons Irail7ts
30 on affordable housing, to protect private property rights and address potential liability!.
31 the CoUllt , is participating in the Workforce-Affordable Housing, h7itiativc Workforce
32 lnitiative). as approved Burin, the .tune 13, 2019 meeting of the Florida Adim111stratiorl
33 ('on7nnission. Monroe County accepts the 300 workforce housing early evacuation
34 building )ermit allocations pursuant to the Workforce-Affordable Housl'n g Initiative
35 authorized by the Florida Administration Colnn7lsslon and the Florida DCpart117eni
36 Ec olwmic 01)p7ortunity. The Work[Orce-Affordable Housing,_ Initiative_ will redui're
37 dy+tilling units constructed and/or deed resiricled with yyorkfbrce _housing early
38 evacuation bLiddin s permit allocations to evacuate Deco ants in Phase 1 of the 48-hr
39 evacuation of'a pending major hurricane 7ursua111 10 the criteria belOW.
40
41 'l o ]arlicipaite in the Worklorce hiitiaux-c, Molu-oc County shall be responsible for the
42 management, distribution, and enforcement of requirements assoctalted with the
43 wol-061-ce housit7 ,' early evacuation building peralit allocations. h'lolu-oe Cout}ty shall
44 ensure adherence to these requirements throw, h ilnplemct7tation of this policy and shall
45 annually provide to ll7e Florida Department Economic QL)L)ortunityaeport indicating the
46 number of workforce housing, early evalcuatloll units built am or deed restricted,
47 occupancy ralles, and colill711a lice with the requirement to e acuate the wiits_in Phase 1 of-
Ordinance No. 005-2021 Page 11 of 20
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1 an t:yacualton._The annual report shall be provided to the State in a timely manner such
2 that the State mav include the information in the required Annual Re ot1 to the Governor
3 and Cab inet on the CountN's progress to\vard c o m pletion_(.)f its Work Pro;:;ram pursuant
4 to mule 28-20. F.A.C. -
5
6 Dwelling units developed and/or deer] restrictCd UtiliArig the workforce housing carly
7 evacuation unit allocations are subject to the fiTllowin�-T,:
8
9 (a) Requests for workforce housing early evacuation unit allocations shall be available
10 only Ior a 1 for 1 exchange For affordable allocations exemptions and require a
11 reserv-ation via BOCC resolution. The BOCC may. at its discretion, place
12 Conditions on any reservation as it deems appropriate. The BOCC mav, at its
13 discretion exchan gc existing, reserved affordable allocations for allocation~ undo
14 the Workforce Initiative to private development and nonprofit sector partners
15 willing to meet the requirements of the wrn-kfin-ce housing eady evacuallm unit
16 allocations. further. the BOCC may, at its discretion a p prove the exchange of
17 existimy deed-restricted affn'dahle housing units lawful affordable exemptions) at
18 existing,mu11ifamiIy resici niial(Icyelopments for allocations under the Workiorc:e
19 Initiative to ]2riyate development and nonprofit sector partners willing to n7ect the
20 requirements of the work force bousinII earl v evacuation unit allocations.
21 1 The affordable allocations returned to the Count in exchange For worklorce
22 housing early_ evacuation_unit allocations shall be hanked and used for future
23 administrative relief, beneficial use determinations and to resolve inverse
2-4- condemnation casts and Bert 1- Harris. Jr. Private Property Ri�,hts Protection
25 Act cases.
26 (2) To maintain-consistency with Rule 28-20.140(2)(b), F.A.C-. 111C affordable
27 allocations returned to the County shall be maintained as affordable allocations
28 and shall also he returned to the original allbrdable housing category (very
29 lo« low/median income vs. moderate income pool).
30 (3)The workforce housing, early evacuation unit allocations must be utilized based
31 on the Original approved afiordable housing income Category or a lesser income
32 Category.
33 (4) Admimstrative relief'n7e:ans actions taken by the Comity_�lrsnting the owner of
34 real property relief- from the continued application of the Rate of Growth
35 Ordinance (RC GO) restrictions provided they meet the criteria established in
36 the Con? rehensive Plan and Land Development Code.
37 (5) Beneficial use means the use of property that aIIow s an owner to derive a beige]it
38 or profit in the exercise of-a hasiC p ro perty right. For the nlr ose o I'd iis poIicv
39 beneficial use shall mean the nlinimunl use ofthe property necessary to avoid
40 the finding;ofa regulatory takinT; under current land use arse law-
41 (b) 'HIC C017struC11011 off dw'ell_ing units, the rcdevcfopmcT7t or the {feel restriction of
42 existing; dwelling UT13iS utilising workforcc._housing_ Carly CvacuatioTl unit
43 allocations shall require approval ofa resolution approving a Contract between the:
44 BOCC _and the applicant to tsfliciaily exchange the allocations and confirTrl
45 compliance with the requirements Workforce Initiative within this Policv.
46 (c) _All workforce housing early evacuation ui7its require a_deed-rest riction ensuring:
47 (1) Before any buiIding perm it niay be issued I01-any Structure,portion„ort111itse 01'
Ordinance No. 005-2021 Page 12 of 20
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I it project subiect to the Workforce Initiative a restrictive covenant shall he
2 approved by the Planning Director and County Attorney and recorded in the
3 Office of the-Clerk of the County to ensure compliance with the provision of
4 this section running In favor of the County and enforceable by the County and,
5 it' applicable, a participating municipality. The following requirements shall
6 apply to these restrictive covenants:
7 a. The covenants for any worktbrce housing early evacuation units shall he
8 effective for 99 years.
9 h_, "rile Covenants shall not Commence rul111i11 g until a certificate of occu fancy
10 has been issued by the Building Official fior the dWellill T L€ 1llit or,dwelling
11 units to which the covenant or covenants apply.
12 c. For existing dwelling units that are deed-restricted as workforce housing
13 early evacuation units, the covenants shall commence running upon
14 recordation in the Official Records of'Monroe County.
15 (2) The covenants shall require that the workforce housing f early evacuatloll umtS
16 to be restricted to rental occupancy for those who derive at least 70 of their
17 income as members of' the woi-k1bi-ce in Monroe County and xyho meet the
18 affordable housing; income categories of the Monroe County Land
19 Deve loLmienf Codc. The occupants are required to Annually verily their
20 employment and income eligibility.
21 (3) The covenants shall require occupants„to evacuate in Phase 1 of the 48-hr
22 evacuation cif a pending major hurricane. Persons living in the; w•orkljorcc
23 housinn--early_ e_v acuation units who may he exemplcd From e acuatio1l
24 reC uirenlcnts are limited to law enforcement. correctional and fire ersonnel
25 health dire personnel. and public employees with emergency management
26 responsibilities. It' there is an occupant that indicates their employment is
27 considered a 'first-responder position and not included in the list ofexC ill ptio1)s
28 above, then the Planning, Dire tor shall_detenuine, in writing,. whether the
29 pason niav he exempted because ol' a re uiremettt to relltaili during an
30 emergency. Any person claiming exemption under this provision shall Submit
31 of an affildavit of'qualification and f 11111full. C�}' their status With the onsite
32 properly management.
33 (4)_ The covenants shall require rental agreements which Contain a separate
34 disclosure requil-ing, relltal occupants to acknowledge the existing restrictive
35 covenant on the unit requiring evacuation in Phase 1 of the 48-111- evacuation
36 and_1hat failure to adhere to the Phase l evacuation requirement could result in
37 severe penalties, including eviction, to the occupant.
38 The covenants shall require onsite proveily managers and a separate
39 em llo yment disclosure W(JUJI-ilig the maintenance of training in evacuation
40 procedures_and an acl:nowlcctgenlcnt that failure to adhere to the Phase l
41 evacuation requirement could 1'eSLdt Ill severepenallies. including termination.
42 (d) Workforce housing earlY'..ev�acualion units shall be: restricted to rental occupancy
43 for those who derive al least 70% oftheir income as members ofthe workforce in
44 Monroe County and who meet the of brdahle housin , income categories of the
45 Monroe County Land Development Codc. Work 60rce means„1nd1viduaIs or families
46 who are gainfully employed sy2plvin�nods and/or services to Monroe County
47 residents or visitors.
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I (e) Workforce housin�y evacuation units shall require onsite property
2 nlanagemcnt with property managers trailled ill evacuation procedures and required
3 to the evacuatlon of tLmitils 111 Phase I of all eVdC:LIM1011. Dunn,;lradlllot]al
4 workiiig 11oL1r5. the property manager must be al an ofkc within the ►\,orkftn-cc
5 housing early evacuation unit development subject property. Outside the traditional
6 working hours, the property manager must be ayailable at all tin7es to respond to
7 cvacuatlon orders.
8 (f) The property matiag-emem entity for the �\,orkforcc housing early evacuation units
9 shall be required to anr7ually verify the employ1nem and ilicomc eligibility of
10 tenants: report She total units on the site, the occupancy rates of units, anti tenant
11 coillpliallce: with the requirement to eVil WIIe_the Lrr7ltS Ir] Phase l of all eyiacuatlolt.
12 including the number of occupants that are exempt from the evacuation
13 rciluiremetits. The property?managelnciit entity must submit a report to the Planning
14 anti Eiivirot7mental Resources Ueparmietlt by May 1 of each year. Further, each
15 ]case anti this annual rcoort shall be kept by the properly manager and be available
16 for inspection by the County durkig traditional 4i,orking hours.
17 0)) Workforce housing early evacuation units shall be located within an area des i mg�d
18 as Tier III.
19 (h) Workforce housing early evacuation units shall not be located in the V-Zone or
20 witliin a Coastal Barrier Resource System (CBRS).
21 (1) Workforce housing early evacuation units shall be located oii a property which has
22 ill] J111hlstructure available (polable water, a(le(AWIte WiilStMilter trca0I1ent MId
23 disposal w tste��,ater meeting adopted LOS, paved roads, etc.).
24 {jl All workforce housing, early evacuatlon ur]]ts must demonstrate compliance witli
25 all applicable lcderal standards for accessibRitydor persons with disabilities (AI7A
26 Compliance).
27 (k) To the greatest exlcnt practicable,a development utilizing workforce ]lousing early
28 ewicuatIoll unit allocations shall incorporate sustainable and resilient desigi
29 priticiilles into the overall site desigtl at7d be accessible to emplo,ymer7t centers in
30 Key West, Stock Island anti Marathon.
31
32 GOAL 601
33 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
34 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
35 population based on type, tenure characteristics, unit size and individual preferences.
36
37 Objective 601.1
38 To ensure flint affordable housing-2pportunities arc available throughout the entire community
39 and to maintain a balanced anti sustainable local econorny and the provision of esscrnial
40 scl-N'iccs, Monroe County shall implement the following defined policies to reduce estimated
41 affordable housing need for its workforce anti households in the very low, low, median and
42 moderate income classifications.
43
44 Policy 601.1.1
45 Monroe County shall maintain land development regulations, in conjunction with the
46 Permit Allocation System, for apportioning future affordable housing development o �
47 at-lt ial hii4is.
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1
2 Policy 601.1.2
3 Monroe County shall continue expand its participation in Federal and State housing
4 assistance programs to rehabilitate owner and rental housing for very low, low, median,
5 and moderate income residents by seeking grants, loans, and technical assistance in
6 conjunction with the Monroe County Housing Authority 1� mod y 1 2024.
7
8 Policy 601.1.3
9 The Monroe County Land Authority shall maintain a list of buildable properties owned
10 or targeted for acquisition by the Land Authority which potentially could be donated or
11 made available for affordable housing. This list will be updated annually and made
12 available to the public.The guidelines established in Policies 601.1.10 and 601.1.11 shall
13 be considered in the formulation of this list.
14
15 Policy 601.1.4
16 All affordable housing projects which receive development benefits from Monroe
17 County, including but not limited to ROGO allocation award(s) reserved for affordable
18 housing, maximum net density, or donations of land, shall be required to maintain the
19 project as affordable for a period of 99 years pursuant to deed restrictions or other
20 mechanisms specified in the Land Development Code, and administered by Monroe
21 County or the Monroe County Housing Authority.
22
23 Policy 601.1.5
?4 If Monroe County funding or County-donated land is to be used for any affordable
25 housing project, alternative sites shall be assessed according to the following guidelines:
26 1. The location of endangered species habitat. Sites within known, probable, or
27 potentially suitable threatened or endangered species habitat shall be avoided.
28 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
29 be determined according to the ranking specified in the Environmental Design
30 Criteria section of the Land Development Code. Disturbed sites shall be selected,
31 unless no feasible alternative is available.
32 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
33 avoided.
34 4. The level of service provided in the vicinity for all public facilities. Areas which are
35 at or near capacity for one or more public facility should be avoided.
36 5. Proximity to employment and retail centers. Sites within five miles of employment
37 and retail centers shall be preferred.
38
3-9 --- - Policy 601.1.6
40 Monroe County shall identify funding sources that could be made available to support
41 community-based non-profit organizations such as Habitat for Humanity in their efforts
42 to provide adequate affordable housing.
43
44 Policy 601.1.7
45 Monroe County shall continue to participate in the State Housing Incentives Partnership
46 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
47 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
Ordinance No. 005-2021 Page 15 of 20
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1 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
2 County Affordable Housing Advisory Committee.
3
4 Policy 601.1.8
5 Monroe County shall allocate at least 20%of the annual ROGO allocation,or as may be
6 established by the State of Florida, pursuant to Administration Commission Rules, to
7 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
8 this separate allocation must meet the criteria established in the Land Development Code.
9 Monroe County may mk,a rd 300 additional building hermit allocations designated as
10 workforce]lousing early evacuation units pursuant to the Workforce-Affordable H_ousing
11 Initiative (Policy 101.3.12 Work6orce Initiative) as provided by the Florida
12 Admimstratlotl C ommissim and the Florida Department Economic; Opportunity. These
13 allocmlons are in addition to the maximum allocations identified in Rules 28-20, F.A.C'._
14 are restricted to rental occupancy for those who derive at least 7W4, of their income as
15 members of the workforce in Monroe Couniv and who meet the afibl-dable houslng,
16 incollic categ()rics of the Monroe County Land Devclopment Code. and shall be required
17 to evacuate in Phasc 1 of the 48-hr evacttaiion of'a pending major hurricane.
18
19 Policy 601.1.9
20 Monroe County shall maintain land development regulations which may include density
21 bonuses, impact fee waiver programs, and other possible regulations to encourage
22 affordable housing.
23
24 Policy 601.1.10
25 The Land Authority may acquire land for affordable housing projects if they are deemed
26 appropriate and acceptable by the Land Authority as meeting the intent of:
27 1. the affordable housing provisions in the Land Authority's enabling legislation;
28 2. the goals, objectives and policies of this Plan; and
29 3. the land use designations specified on the Future Land Use Map and in the Monroe
30 County Land Development Regulations.
31
32 Policy 601.1.11
33 The Land Authority shall not list or acquire vacatlt lands as potential affordable housing
34 sites if the lands exhibit any of the following characteristics:
35 1. Any portion of the land lies within a known, probable, or potentially suitable
36 threatened or endangered species habitat.
37 2. The land has a Tier designation other than Tier III.
38 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
39
40 Policy 601.1.12
41 Monroe County shall annually monitor the eligibility of the occupants of housing units
42 which have received special benefits, including but not limited to those issued under the
43 affordable housing provisions specified in the Land Development Code or those issued
44 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
45 specified in the Plan and in the Land Development Code, and their eligibility period has
46 not expired, then Monroe County may take any one or a combination of the following
47 actions:
Ordinance No. 003-2021 Page 16 of 20
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2707
1 1. require the payment of impact fees, if they were waived;
2 2. proceed with remedial actions through the Department of Code Compliance, as a
3 violation of the Monroe County Code;
4 3. take civil court action as authorized by statute, common law, or via agreement
5 between an applicant and the County; and/or
6 4. require the sale or rental of the unit(s)to eligible occupants.
7
8 Policy 601.1.13
9 Monroe County shall maintain land development regulations on inclusionary housing and
10 shall evaluate expanding the inclusionary housing requirements to include or address
11 nonresidential and transient development and redevelopment based on specific data and
12 analysis.
13
14 Objective 601.2
15 Monroe County shall adopt programs and policies to encourage housing of various types,sizes
16 and price ranges to meet the demands of current and future residents
17
18 Policy 601.2.1
19 Public-private partnerships shall be encouraged to improve coordination among
20 participants involved in housing production. In these efforts, the County will establish a
21 comprehensive central depository for housing information located at the Monroe County
22 Housing Authority and Growth Management Division for the coordination and
23 cooperation among public and private agencies which collect and use housing data.
24
25 Objective 601.3
26 Monroe County shall continue implementation efforts to eliminate substandard housing and to
27 preserve, conserve and enhance the existing housing stock, including historic structures and
28 sites.
29
30 Policy 601.3.1
31 Monroe County shall coordinate with other County agencies to monitor housing
32 conditions. Standards for evaluation of the structural condition of the housing stock are
33 summarized below:
34 Sound: Most housing units in this category are in good condition and have no visible
35 defects. However, some structures with slight defects are also included.
36
37 Deteriorating: A housing unit in this category needs more repair than would be
38 provided in the course of regular maintenance, such as repainting. A housing unit is
39 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
40
41 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
42 no longer provide safe and adequate shelter or is of inadequate original construction
43 including being constructed below the minimum required elevation by FEMA or the
44 County's Floodplain Regulations.
45
46 Policy 601.3.2
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1 The County Code Compliance Office and Building Department will enforce building
2 code regulations and County ordinances governing the structural condition of the housing
3 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
4 residential neighborhoods.
5
6 Policy 601.3.3
7 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
8 Development (HUD) rental rehabilitation programs by the Monroe County Housing
9 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
10 increased private reinvestment in housing by providing information, technical assistance
11 in applications for federal and State funding, or provide local public funds for
12 rehabilitation purposes.
13
14 Policy 601.3.4
15 Monroe County shall encourage identification and improvement of historically
16 significant housing through the coordination of public information programs defining
17 benefits and improvement funding sources.
18
19 Objective 601.4
20 Monroe County shall maintain land development regulations which allow group homes and
21 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as
22 subsidized housing for elderly residents of the County, to be located in residential areas as
23 appropriate.
24
25 Policy 601.4.1
26 Monroe County shall maintain land development regulations which permit group homes
27 and foster care facilities {homes of six or fewer residences which otherwise meet the
28 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or
29 funded by the DOH in all land use categories which permit residential development where
30 consistent with other goals,objectives, and policies of this Comprehensive Plan.
31
32 Policy 601.4.2
33 The County shall identify and evaluate alternative strategies to expand subsidized housing
34 programs for elderly residents of Monroe County through coordination with the Monroe
35 County Housing Authority, and encourage their development by private, community-
36 based non-profit, or public entities, as well as public/private partnerships.
37
38 Objective 601.5
39 T lie County shall provide uniform and equitable treatment for persons and businesses displaced
40 by state and local government programs, consistent with F.S. §421.55.
41
42 Policy 601.5.1
43 By May 1,-2472024, Monroe County shall adopt uniform relocation standards for
44 displaced households.
45
46
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1 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
2 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
3 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
4 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
5 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
6 administrative proceedings, at trial, in bankruptcy, and on appeal.
7
8 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
9 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
10 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
11 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
12 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
13 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
14 continue unimpaired in full force and effect.
15
16 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
17 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
18 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Florida Statute§ 380.05(11)and Florida Statute § 380.0552(9).
23
24 Section 7. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
26 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
27 Statutes, and after any applicable challenges have been resolved.
28
29 Section 8. Inclusion in the Monroe County Comprehensive Plan. The text amendment
30 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
31 amendment may be renumbered to conform to the numbering in the Monroe County
32 Comprehensive Plan.
33
34 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
35 above.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
38 Florida, at a regular public meeting held on the 2 1'day of April 2021.
39
40 Mayor Michelle Coldiron Yes
41 - Mayor Pro Tern David Rice Yes
42 Commissioner Craig Cates Yes
43 Commissioner Eddie Martinez Yes
44 Commissioner Mike Forster Yes
45
46 BOARD OF COUNTY COMMISSIONERS
47 OF MONROE COUNTY, FLORIDA
48
Ordinance No. 005-2021 Page 19 of 20
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2710
r r
xf ',I�
l ..
BY:
2 I` �`:�:` MAYOR MICHELLE COLDIRON
4 MONROE Cv ATTORNEY
$ _:. APP�@V� TO FORM
G � ST: EVIN M OK, CLERIC -7 PETER
ASSISTANT 00UNTY AMORRISTFORNEY
8 AS DEPUTY CLERK
Date: 4.5.21
9
C--:1 co
Ordinance No.005-2021 Page 20 of 20
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2711
E
KE.Y*WEST
The Florida ffeys Only Deily Newspaper,Est 18701
010 Sox 1000,Key K"FL 33041
P:(306)2a2.7777axf.Zip F;(305)205.8025
WmfsQkeysrwws.cam
MONROE CO PLANNING ❑EPT
MURRY E NELSON GOVERNMENT CENTER
102060 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
v ,who on oath says that he or she is
of the Key West Citizen,a daily
newspaper pubtish in West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday,April 4,2021
Ai—hani fu(uroi&rays that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been Continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,h said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affient further says that he or she has
nei id nor t ny person,firm or corporation any discount,rebate,
missi n arI. no for purpose of securing this advertisement for publica-
n in C
( u of
Affi u b0fom me tKa 1 eth day of April 2021
C t
Notary ubl' Initau N ] (Notary Seal)
My commission expires
Personally Known JL Produced Identification
Type of Identification Produced
'Al r EvNotary FutNir Srste of F�anaa
ql'%, MVl7We- ch
my Comm;ssior}: &44.32
t:aplrp5U3i2512G:'_�
MONROECOPL 34 365635 t.pdf 1 VW21 127 PM
2712
MONROE COUNTY BOARD3F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21 p 2021
NaT1 N 14 RII1M1f t+nl W that an Wedneedgr,AprM>tl,2M the Moro*Ce oft SoeM of Ceurrty
Commiaaianws wE b W a Public Meeting,booming at ORMAK The SOCC maelkgrHH be a"format
with the County Conrrdasion mon hors meeting iw In Mmou n,whie Rre Public win be able to paAldPats Ma
Zoom Webkrer.The blowing Items w116o corral awed at a PtM=MEETWO:
PUBLIC HEARING&I=PM(or as noon thereafter es may be fmwmA!
ADOPTING
AMENDMENTS TC THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDMI THE FUTURE LAND
USE ELEMENT AND THE HOLISM ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING !INITIATIVE
(WORKFORCE INITIATIVE}AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMMDNG AS WELL AS CLAFM YMdG POLICIES
101.2.2. 1012.4, 101.3.1. 101.3.2,ibi.3.3, 101.3.4, 101.3,10. 101.3.11.001.1,1tU1.1:1,001.1.2,1701.1.8,
001.1.11,W1.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE
1NrT1ATIVE RECKAREMENTS;PROVK"NQ FOR SEVERAINUT1;pAOVVM FOR REPFAL:OF OOWLICT'ING
PROVISIONS; PROIADMK3 FOR TRANSMITTAL TO THE STATE LAND.PLANNIMO AGENCY AND THE
SECRETARY OF STATE;PROVIDMJO FOR INCLUSION IN THE MONROE C6UNTY LOAHRNSiVE PLAbi;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2=-D"
AN ORDMWE BY THE MRS ADOPTING
AMENDMENTS TOTHE MONROE COUNTY LAND DEVELOPMENTCDDE AMIB4QIMO'THE$WTION IW24,
RESIDENTIAL ROQO ALLOCATION TO ESTABLISH A NEW BUILDING fr€RMIT AI:t..00iA7i0N lATwm
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION t ffr BUILDING PEFW ALLOCATIONS
PURSUANT TO THE WORKFORCE-AFFORpABLE HOUSING INInvivE (wowFOROE INITL4nm
AUTHORIZED BY THE FLORIDA ACMINMAATION COMMESgN MV THE FLORIDA DERW MENT
ECONOMIC OPPORTUNITY AND TOESTABLISH THE SPJ�CIF1p WORKPDW 8+AMT1VE FftU MEMENM:
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLCTIMG PROVIBIObo;
FOR TRANSMTTALTOTHE STATE LAND PLANMNNGAGENCY ANDTHE9eWCIARYOFSTATE;
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PROVOING FOR AN EFFECTIVE DATE. (FILE 2020-068)
Please Omit the Monroe Comm VbWft a! fkW"weft a9mmW updates and
kAormetlon regarding the varlolw 400ee&V61 ble To the Mkk>o Herr the I"meeting wrdlor to
make pubHe comments on eel N k!#gulch ihmL
FVmuarrr to Section 286.0705 FWft Nsq N a pM+ot doo0ae to vppaal any deeftW of the Board of
County Commissioners,with respect to any M~vorlsk edatVia rneaft or he@rirV,he orMv wl1 now a
record of the pmCead rVs,errd that for such purpose,he or she may need to ensure a verbatim record of the
ProcesOngs is made,which record kx vdes the testimony 3 evidence upon wfdch Hha Mweal a to be based.
ADA A48►STANCL-If you am a pandas WM a dbabft who needs apaopal acconunadatlons M order
to partk*-fe a fhpa P-00064 PA-110 omftd fhe Coewrty A*rAlbbotor'a Of k%by phoning g=j
2W-4441,hehvaarr the hours of&W a.m.-&VO pm.,no A"ar Man Nor(S)cataadar do"prior to fire
■aImmkJad ametka If you am howbo or voles krrpakv4 o4W 171 1.'
2713
cauar
Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of State
Adnllnistrative Code& Register
500 S Bronougli Street
Tallahassee FL 32399-0250
To Whom It.May Concern,
At.taclied is an electronic copy of Ordinance No. 006-2021 adopting ainendments to tlne
Monroe County 1Jand Development Code annending die Section 138-24, Residential ROGO
Allocations, to establish a new building permit allocation category to award 300 workforce liousing
early evacuation unit building permit allocations pursuant l.o tlne Workforce-Allordable Housing
Initiative (Workforce Initiative) authorized by the Florida Administration Commission and the
Florida Department Economic Opportunity and to establish the spe6fic workforce initiative
requirements;providing for sererability; providing for repeal of conflicting provisions; providing
for transmittal to die State Iand Planning Agency and the Secretary of State; providing for
annendnnent to and incorlx)ration in [lie Monroe County Land Development Code; providing for
ctivf date. (File No. 2020-068)
'11us Ordinance was adopted by tine Monroe County Board of County Commissioners at a
regular meeting, held in formal session,on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of'
the Circuit Court& Comptroller&
ex-officio to die Monroe County
Board of County Commissioners
by. Pxnela G. HanvrxA, 1).C:
cc: Planning& Isnvironnnental
County Altorney
BO CC
File.
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid 2714
305-294-4641 305-289-6027 305-852-7145 305-852-7145
2
3
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.006-2021
10
11 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
12 RECOMMENDING APPROVAL OF AN ORDINANCE BY MONROE
13 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING
14 AMENDMENTS TO THE MONROE COUNTY LAND DEVELOPMENT
15 CODE AMENDING THE SECTION 138-24, RESIDENTIAL ROGO
16 ALLOCATIONS, TO ESTABLISH A NEW BUILDING PERMIT
17 ALLOCATION CATEGORY TO AWARD 300 WORKFORCE HOUSING
18 EARLY EVACUATION UNIT BUILDING PERMIT ALLOCATIONS
19 PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING
20 INITIATIVE (WORKFORCE INITIATIVE) AUTHORIZED BY THE
21 FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA
22 DEPARTMENT ECONOMIC OPPORTUNITY AND TO ESTABLISH THE
23 SPECIFIC WORKFORCE INITIATIVE REQUIREMENTS; PROVIDING
24 - --FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
25 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING
27 FOR AMENDMENT TO AND INCORPORATION IN THE MONROE
28 COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
29 EFFECTIVE DATE. (FILE NO. 2020-068)
30
31
32 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
33 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
34 health, safety, and welfare of the County's citizens; and
35
36 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
37 designation as area of critical state concern, establishes the intent to"ensure that the population of
38 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
39 amendments to each local government's comprehensive plan to include "goals, objectives, and
40 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
41 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
42
43 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
44 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane
45 evacuation and to protect the significant natural resources of Monroe County, as required by the
46 State of Florida; and
47
Ordinance No.006-2021 Page 1 of 12
File 2020-068
2715
1 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
2 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
3 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
4 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
5 rental occupants evacuate in the early phase (48-hour window)of a hurricane evacuation; and
6
7 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
8 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
9 existing staged evacuation plan)can be accomplished in 17.5 hours,leaving additional capacity of
10 6.5 hours in Phase 1; and
11
12 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
13 by geographic and environmental features,housing supply limited by controlled growth(including
14 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
15 lower paying service-sector employment; and
16
17 WHEREAS, the need to protect and preserve an adequate inventory of
18 affordable/workforce accessible housing is a continual as well as a growing challenge in the
19 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
20 housing units throughout the Florida Keys; and
21
22 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
23 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
24 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
25 related to the enforceability of the evacuation provisions; and
26
27 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
28 but took no official action; and
29
30 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
31 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
32 Development Code amendments to: 1) Move a portion of market-rate ROGO units to the
33 affordable housing allocation pool and/or 11 Accept the 300 Workforce Housing units offered by
34 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
35 Evacuation model; and
36
37 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
38 a comprehensive plan and land development code amendment to: 11 Move a portion of the 378
39 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
40 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
41 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
42 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
43 to start the process to accept the 300 workforce housing units; and
44
45 WHEREAS,on July 15,2020,during a discussion item on potentially shifting market rate
46 allocations to the affordable housing pool, the BOCC provided further direction to staff on
47 accepting the 300 workforce housing early evacuation unit building permit allocations.The BOCC
Ordinance No. 006-2021 Page 2 of 12
File 2020-W
2716
1 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
2 be used in exchange for existing affordable allocations at multifamily developments (for
3 developers that agree to the early evacuation restriction) and the affordable housing allocations
4 returned to the County(returned in the exchange)be set aside and banked for takings cases (bank
5 them within an administrative relief pool); and
6
7 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
9 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
10 manage land use and development; and
11
12 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
13 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
14 2020; and
15
16 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe County
17 Planning Commission held a public hearing for the purpose of considering the proposed
18 amendment and provided for public comment; and
19
20 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P 30-20,
21 recommending approval for the proposed amendment,with edits identified in the resolution; and
22
23 WHEREAS, at a regularly scheduled meeting held on April 21, 2021, the Monroe County
24 Board of County Commissioners held a public hearing, considered the staff report, and provided
25 for public comment and public participation in accordance with the requirements of state law and
26 the procedures adopted for public participation in the planning process; and
27
28 WHEREAS, based upon the documentation submitted and information provided in the
29 accompanying staff report, the Monroe County Board of County Commissioners makes the
30 Following findings of fact and conclusions of law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development
35 for the Florida Keys Area of Critical State Concern,Florida Statute § 380.0552(7); and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
37 and
38 4. The proposed amendment is necessary due to new issues and the need for additional
39 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
40 Code.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
45 Section 1. Recitals and Leeislative Intent. The foregoing recitals and statements of
46 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
47
Ordinance No.006 -2021 Page 3 of 12
File 2020-068
2717
1 Section 2.The Monroe County Land Development Code is hereby amended as follows:
2
Proposed Amendment: deletions are slizieken gife additions are shown in underlined.
3
4
5 See. 138-24.- Residential ROGO Allocations.
6 (a) Number of available annual residential ROGO allocations. The number of market rate
7 residential ROGO allocations available in each subarea of the unincorporated county and the
a total number of affordable residential ROGO allocations and Nvorkforcc housin, carlti
9 evacuation unit allocations available countywide shall be as follows:
10
Number of D effing Units
Subarea ROGO Years: ROGO Years:
July 13,2020-July 12,2021 July 13,2023-July 12,2024
July 13,2021-July 12,2022 July 13,2024-July 12,2025
July 13,2022-July 12,2023 July 13,2025-July 12,2026
Upper Keys 31 30
Lower Keys 29 28
Big Pine and No Name Keys 4 4
Total market rate 64 62
Affordable Dwelling Units
Very Low,Low,and Median 360*
Incomes
Moderate Incomes 350*
`Includes one annually for Big Pine Key and No Name Key
Workforce lnitiati►c 300**
** Workft)rce housine early evacuation unit allocations Shall he distributed on a first-conic first-sere
bas1s. Requests for dxvelIIng UI11tS dCN'ej()pC(1 a11d`or dCCd-I-eStricted U(111zing the w[)rkforec hotising early'
e%acuation.unit allocations are suk2ject.tL)the J rovisions of Policy 101.3.12 and Section 139-24(c).
11
Annual Allocation
ROGO Year Workforcc AffordableMarket Rate Initiative Housing
July 13,2013—July 12, 2014 126 71 j
U: 61,L:57,BPKINNK: 8
July 13,2014—July 12, 2015 126 71
U: 61,L: 57, BPKINNK: 8
July 13,2015—July 12,2016 126 NiA
U: 61,L: 57,BPKINNK: 8
126
July 13,2016—July 12,2017 U: 61,L: 57,BPK/NNK: 8
July 13, 2017—July 12,2018 126
Ordinance No.006-2021 Page 4 of 12
File 2020-068
2718
U: 61,L: 57,BPKINNK: 8
126 126 558 total AFH
July 13,2018-July 12, 2019 v; 61,L: 57, BPKINNK: 8 [total available
immediately)
July 13,2019-July 12,2020 126
U: 61,L: 57, BPKINNK: 8
July 13, 2020-July 12,2021 64
U: 31,L:29,BPKINNK:4
64
July 13, 2021 July 12,2022
U: 31,L:29,BPKINNK: 4
64
July 13,2022-July 12, 2023
U: 31,L:29,BPK/NNK: 4
July 13,2023-July 12, 2024 62 300**
U: 30,L:28 BPKINNK:4
July 13,2024-July 12,2025 62
U: 30,L:28,BPKINNK:4
July 13,2025-July 12,2026 62
U: 30,L:28,BPKINNK:4
TOTAL 1,260 300** 710*
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP)ending in 2023.
* Workl'orcc housing early e%acuation unit allocations shall be distributed on a first-conie first-serNe
hasis._Reg nests for d we]liiz units cicvcle7ped andiur deed-restricted ut it i zi ng the workfnrce housing early
e acukit1on unit allocations are sub iect to the provisions of Policv 101,3.12 and SccIlon 13 8-2e .
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower mite oi' annual allocations_I'm market rate
4 de4 elo 7lnent to extend the allocation unlefi-ame to 2026 wltllout exceeding the total of 1,970
5 allocations. By July 12, ?-0 82023 if substantial financial support is provided by State and
6 Federal partners, the County may reevaluate the ROGO distribution allocation schedule and
7 consider an extended timeframe for the distribution of market rate allocations. If necessary,
8 Monroe County will request a Rule change from the Administration Commission to authorize
9 an alternative allocation timeframe and rate.
10 (1) Yearly residential ROGO allocation ratio. Each subarea shall have its number of market
11 rate residential ROGO allocations available per ROGO year. Affordable ROGO
12 allocations and workforce housing early evacuation unit allocations shall be available for
13 countywide allocation except for Big Pine Key and No Name Key. The allocations for
14 Big Pine Key and No Name Key shall be limited to maximums established in Big Pine
15 Key/No Name Key Livable CommuniKeys Plan, Incidental Take Permit and Habitat
16 Conservation Plan.
17 (2) Quarterly residential ROGO allocation ratio. Each subarea shall have its number of
18 market rate housing residential ROGO allocations available per ROGO quarter
19 determined by the following formula:
Ordinance No. 006-2021 Page 5 of 12
File 2020-068
2719
I a.Market rate residential ROGO allocations available in each subarea per quarter is equal
2 to the market rate residential ROGO allocations available in each subarea divided by
3 four.
4 b. Affordable housing residential ROGO for all four ROGO quarters, including the
5 allocations available for Big Pine Key, shall be made available at the beginning of
6 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
7 remaining affordable housing residential ROGO allocations shall be made available
8 for award.
9 e. Workforce Initiative allocations shall be made available at the he minnin g of the first
10 ytiarter of IZ G0 !ear July 13. 2021—Jul , 12, 2022. All allocations shall be
11 available flit award, and shall be distributed on a first-came first-serve basis.
12 Regucsts for N orkfi)rce housing: early evacuati011 unit allocal1011s shZill require a
13 reservation via BOCC resolution.
14 (3)Ratio of very low income, low income, and median income allocations to moderate income
15 allocations. The Planning Commission may amend these proportions for affordable
16 housing during any ROGO quarter.
17 (4)Big Pine Key and No Name Key.
18 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
19 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
20 Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
21 species,which may affect ROGO allocations under this article.
22 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
23 permit allocations that may be awarded in Tier I shall be no more than one(1)every
24 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
25 owner attempting to develop his property may be granted an allocation through the
26 ROGO process that may be used once that property owner obtains all required
27 permits and authorizations required under the Endangered Species Act and other
28 applicable federal and state laws. The allocation will remain valid so long as the
29 applicant diligently and in good faith continues to work with USFWS to conclude
30 the coordination and pick up a building permit.
31 (5)Limit on number of allocation awards in Tier I.
32 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
33 be no more than one (1) every two(2) years.
34 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
35 more than three(3).
36 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
37 more than three(3).
38 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
39 138-26 for awarding of affordable housing allocations or workiin-c:e initiative (workti�rce
40 housing early evacuation unit) allocations, the BOCC may reserve by resolution some or all
41 of the available affordable housing allocations or available workfi)rce initiative allocations for
42 award to certain sponsoring agencies or specific housing programs consistent with all other
43 requirements of this chapter. Building permits for these reserved allocations shall be picked
44 up within six months of the effective reservation date, unless otherwise authorized by the
45 BOCC in its resolution.The BOCC may,at its discretion,place conditions on any reservation
46 as it deems appropriate. These reservations may be authorized by the BOCC for:
Ordinance No. 006-2021 Page 6 of 12
File 2020-068
2720
1 (1)The county housing authority,nonprofit community development organizations,pursuant
2 to Section 139-1(e), and other public entities established to provide affordable housing
3 by entering into a memorandum of understanding with one or more of these agencies;
4 (2) Specific affordable or employee housing projects participating in a federal/state housing
5 financial assistance or tax credit program or receiving some form of direct financial
6 assistance from the county upon written request from the project sponsor and approved
7 by resolution of the BOCC;
8 (3)Specific affordable or employee housing projects sponsored by nongovernmental not-for-
9 profit organizations above upon written request from the project sponsor and approved
10 by resolution of the BOCC;
11 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
12 procedures and guidelines as may be established from time to time by the BOCC;
13 (5) Specific affordable or employee housing projects by any entity, organization, or person,
14 contingent upon transfer of ownership of the underlying land for the affordable housing
15 project to the county,a not-for-profit community development organization,or any other
16 entity approved by the BOCC, upon written request from the project sponsor and
17 approved by resolution of the BOCC; or
18 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
19 workplace for the tenants of these projects,upon written request from the property owner
20 and approved by resolution of the BOCC, or-.
21 {71-Workin1-ce initiative housing projects, pursuant to Police 101.3.12 and Section 138-24(c),
22 that require occupants to c�actuate in Phase i of the 48-hr evacuation of a Pending major
23 hurricane. ilre restricted to rental occupancy. and for those w1io deri-,'c at least 7Mi) o€
24 their income as members ofthe xvork€brcc in Monroe County and xyho meet the affordable
25 housing incotne categ«<'ies of the Molv-oc Couti�'.Lattd l7iveloptnetit Code.
26 (c)Affordable housing allocation awards and eligibility.
27 (1)The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
28 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
29 of a ROGO year shall be made available for affordable housing for the next ROGO year.
30 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
31 designated area, within a V-zone on the county's flood insurance rating map, or within a
32 Tier III-A(special protection area)designated area.
33 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
34 housing ROGO allocations may be awarded to Tier I or Tier III-A properties which
35 meet all of the following criteria.
36 a. The property contains an existing market rate dwelling unit that meets the criteria in
37 LDC Section 138-22(a)and is determined to be exempt from ROGO;
38 b. The proposed replacement affordable dwelling unit meets current Florida Building
39 Code and is not a mobile home;
40 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
41 99 years as affordable housing pursuant to the standards of the Land Development
42 Code;
43 d. The proposed site plan for the replacement affordable dwelling unit does not propose
44 any additional clearing of habitat; and
45 e. The structure is not proposed to be within a V-zone on the county's flood insurance
46 rating map.
Ordinance No.006-2021 Page 7 of 12
File 2020-068
2721
1 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.No
2 affordable housing allocation may be used on No Name Key.
3 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
4 unit unless such dwelling unit:
5 (1)Has a dwelling unit allocation award; or
6 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
7 vested pursuant to Section 138-22.
8 c Workforce lnitiatiye allocation awards elf jbilit)° and requirements.
9 1 Pursuant to Policies 10l.3.2 101.3.3 and 101.3.12, Monroe County establishes a new
10 allocation cat ory to award 300 workforce housing, early evacuation unit building permil
11 allocations pursuant to the Workforce-Aflordable llousing Initiative (Workforce Initiative).
12 The Workforce-Aflbrdable Housing initiative will require dwelling units o:ortstructcd and/ or
13 deed restricted with workforce linusing early evacuation building Permit allocations_ to
14 ex aeuatc occupants in (base i oaf the 48-11r evacuation of a pentiing_nlajor hurricane.
15 2 Dwelling, units developed and/or deed restricted utilicin J the worklorce initiative
16 alloca[fo7ns are subject to the 661lo�ing:
17 a. R C(I nests for workforce housings earl y cvacuation unit allocations shall be available onl
18 for a 1 for 1 exchan sc ]or affordable allocations/exemptions and require a reservation
19 via BOCC resolution. The BOCC may, at its discretion, place conditions on an
20 rescrvation as it deems approopriale.The BOCC may,at its discretion,exchange cxistint.;
21 rescr�cd affordable iIIoc ttions for allocations under the Workforce Initiative to private
22 develo mcnt and non profit sector partners willing, to meet the requirements of the
23 workforce housing early evacuation unit allocations. Further. the BOCC inLiy, at_its
24 discretion a p prove the exclian(ge of existin , deed-restricted affordable housin T units
25 (lawful affordable exeniptions) at existing multifamily residential developments for
26 allocations under the Workforce Initiative to private development and nonprofit sector
27 partners willing to meet the requirements of the workforce housingearly evacuation
28 unit allocations.
29 1. The affordable allocations returned to the County in exchange for workforcc
30 housing emly evacualtian unit allocations shall be banked and usedJOr future
31 administrative relief. beneficial use determinations and to resolve inverse
32 condcmnation cases and Bert I Harris_ Jr. Private I'ro pert y Ri skits Protection Act
33 cases.
34 2. To maintain consistency! with Rule 28-20.140(2)(b),_ F.A.0.. the affordable
35 allocations returncd to the Count y shall be maintained as affbrdable allocat ions,Incl
36 shall also he returned to the on 7ina1 affordable housing, income category ver
37 low/low/median 111eome Vs._ltxxferale income pool).
38 3. The worklorce housing curly evacuation unit allocations must be utilized batted on
39 the original approved affordable housing, income category or a lesser income
40 categorV.
41 4. Administrative reliefineans actions taken by the COLIMY srantin = the owner of'real
42 property- relief from the continued application of the Rate of Growth Ordirrtnce
43 ROGO) ,restrictions provided the ni et the criteria established in the
44 Comprehensive Plan and land Development Code.
45 5. 13e1016al use means the use of ro venty that allows an owner to deriN,c a benefit
46 or profit in the exercise of it basic property right. For the purpose of this policy
Ordinance Into. 006-202t Page 8 of 12
File 2020-068
2722
1 beneficial use sliall mean the mininium use of the property necessary to avoid the
2 fii7din,, of'a regulatory taking under current land use case law.
3 b. 'I-he construction of d we]Iin=units. the red eve lo ment or the deed restriction of existin =
4 dwelling units uulizin = workborce housing early evacuation unit allocations shall
5 require approval of a resolution aptprovitjg a contract between the BOCC and the
6 applicant to officially exchange the allocations and confirm compliance X�ith the
7 requirements Workforce InrtlatlV e.
8 c. All Nvorkforce housing early evacuation units require a deed-restriction ensuring:
9 1. Before any building permit ]nay be issued for any structure, portion_or phase of a
10 project subject to the Workforce Initiative. a restrictive covenant shall be approved
11 by the Planning Director and County Attorney and recorded in the C)liice of the
12 Clerk offhc Count y to ensure comp I iance with the provision of'l11is section runlpillg,
13 in favor of the County and enforceable by the County and if' applicable. a
14 artici.atin,= 117unici alit •. The folloNvin = requirements shall apply to these
15 restrictive covenants:
16 1. The covenants for any workforce housing early evacuation units shall be
17 effective for 99 years.
18 i1. The covenants shall not commence running until a certificate of'nccu pancv
19 has been issued by, the Building Official for the dwelling unit or dwelling
20 units to which the covenant or covenants apply.
21 iii. For existing dwelling units that are deed-restricted as workforce_housinu
22 early evacuation units. the covenants shall commence running 11pon
23 recordation in the C7fiicial Records of'Monroe County.
24 2. The covenants shall rec uire that the workforce housing early evacuation units to be
25 restricted to rental occupancy for those who derive at least 70`:'0 ofiheir inconic as
26 members ofthe workforce in Monroe County and who meet the affordable 17ol1Sing
27 income caste=pries of the Monroe County Land Development Code.The occupants
28 are required to annuaIIy verify their employment and income: eligibility.
29 3.The coven ants.shaII require occupants to evacuate in_Phase 1 of'the 48-hr evacuation
30 of a pending major hurricane. Persons living in the workforce housing, early
31 evacuation units who may be exempted from evacuation requirements are limited
32 to law enforcement_ correctional and fire personnel,_health care personnel, and
33 public emLlgyges xvith emerg icicy management.responsibilities. If' there is an
34 nccu pant that indicates their em plo ymeat is con sidered a `first-res ponder posIt1on'
35 and not included in the list of exen7 [ions above then the Planning Director shall
36 determine, in writing, whether the person may be exempted_ because of a
37 requiremgit to remain during an emergency. An ._person claiming, excl?7ption
38 under this provision Shall submit of an affidavit of qualification and faitl7full ;
39 ccrtily their status with the onsite properly management.
40 4. The covenants shall require rental agreements which contain a se crate disclosure
41 requiring rental occupants to acknowledge the existing restrictive covenant on the
42 unit requiring actuation in Phase 1 of the 48-hr evacuation and that failure: to
43 adhere to the Phase l evacuation requirement could_result in severe penalties.
44 including,eviction, to the occupant.
45 5. The covenants shall require onsite property managers and a separate employment
46 disc:losure requiring the maintenance of training in evacuation procedures and an
Ordinance No. 006-2021 Page 9 of 12
File 2020-068
2723
1 acknowledgement that_failure to adhere to the Phase l evacuation requirement
2 could result in severe pemlties including termination.
3 d. Worklorce housing early evacuation units shall be restrlcicd to rental occupancy,
4 those who derive at least 701,0 oftheir income as members ofthe workforce in Monroe
5 County and �0io inect the affordable housing income c:a.tegcn-ies of the Monroe County
6 Land Devclo]ment Code. Workfbrce means individuals or families evho are gainfully
7 employed supplying goods anchor services to Monroe County residents or visitors.
8 e. W01'k10]-Ce 11MISilIg early evacuation units sliali require onsile property management
9 With property mana«crs trained in evacuation P1,ocedures and required to manage the
10 evacuation of tenants in Phase I of all evacuation. ❑uril] = tradiliol]al �N,orking hours.
11 the property manager must he at an office wilhin the workforce_housin,1.,1 early
12 evacuation unit development subject prolmly. Outside the traditional working hours.
13 the ro erty manager must be available at all times to res one[ to evacuation orders.
14 f. The property mana 7ement entity-for the worklbrce housing early evacuation units sliall
15 he required to annually verifythe employment and income eligibility of tenants; report
16 the total units oil the site, the occupancy rates of unils, and tenant compliance with the
17 requirement to evacuate the units in Phase I of an evacuation, including the number cif
18 occupants that are exempt From the evacuation requirements. The ro pert
19 manag.ement entity must subn]it a report to the Planning and Environmental Resources
20 Department by May 1 of each year. Further, each lease and this annual report_shall he
21 kept by the property manager and he available for. ir]spection-lb.the County during
22 traditional �v,orking hours. --
23 g. Workforce h0usi11g early-evacuation units shall he located ev,ithin an area designaled_as
24 Tier III.
25 1]. Workforce housing early evacuation units shall not be located in the V-Zone or within
26 a Coastal Barrier Resource System (CBRS).
27 i. Workforce housing earl evacuation units shall be located on a properly v hich has 111
28 3n1rastructu3-e available (potablc \Pater, adequate wastewater lreaiment and disposal
29 wastevkaler meeting adopted LOS. paved roads, etc.).
30 i. All worklnrce housing carly evacuation units must demonstrate compliance with all
31 applicable federal standards for accessibility fair persons with disabilities (ADA
32 Compliance).
33 k. To the greatest extent practicable, it dcvclopnlent utilizing ',A,ork-force..housing early
34 evacuation unit allocations shell incorporate sustainable and resilient design principles
35 into the overall site design and he accessible to employment centers in Key West, Stock
36 Island and Marathon.
37
38
39 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
40 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
41 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
42 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
43 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
44 administrative proceedings, at trial,in bankruptcy,and on appeal.
45
Ordinance No. 006-2021 Page lU of 12
File 2020-068
2724
1 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
2 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
3 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
4 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
5 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
6 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
7 continue unimpaired in full force and effect.
8
9 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
10 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
11 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
12 which has been repealed thereby.
13
14 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
15 Planning Agency as required by Florida Statute § 380.05(11)and Florida Statute § 3 80.05 52(9).
16
17 Section 7. Filins. This Ordinance shall be filed in the Office of the Secretary of the State
18 of Florida but shall not become effective until a final order is issued, according to Florida Statute
19 § 380.05(6),by the Florida State Land Planning Agency or Administration Commission approving
20 the Ordinance, and if the final order is challenged, until the challenge to the final order is resolved
21 pursuant to Chapter 120, Florida Statutes.
22
23 Section 8.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
24 be inciuded and incorporated in the Monroe County Code, as an addition to amendment thereto,
25 and shall be appropriately renumbered to conform to the uniform marking system of the Code.
26
27 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
28 above.
29
30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
31 Florida, at a regular meeting held on the 21'`day of April 2021.
32
33 Mayor Michelle Coldiron Yes
34 Mayor Pro Tern David Rice Yes
35 Commissioner Craig Cates Yes
36 Commissioner Eddie Martinez Yes
37 Commissioner Mike Forster Yes
38
39
40
41 BOARD OF COLiNT IONERS
42 OF MONRZE FLOI r
43
44 BY:
45 MAYOR MICHELLE COLDIRON
46
Ordinance No. 006-2021 Page 11 of 12
File 2020-068
2725
��—
�3a<»=�
MONROE CO-UWTY ATTORNEY
h \= APP TO FORM
\tea A\
~ IN MADO ,CE£R
~® � PETER MORRG
4zztJ ` AsSSTANT COUP ATTOnNEY
5 AS DEPUTY CLERK Date: 4.5,21
§
2 � «
"
�
Ordinance No,006-2021 Page Q of G
File 2020+a
2726
i f
AILWKELAIWEST
�N
The Florida Keys Only Daily Newspaper,Est. ta7a
PO Box 18P7,Key MW FL 3W41
P.(306)292-7777ex1.2r8 F.{305]205-9025
7egals�kvysrwws.00m
MONROE CO PLANNING DEPT
MLIRRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket:385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal.text]
Before the undersigned authority personally appeared
f who on oath Ws that he or she is
1
E of the Key West Citizen,a daily
newspaper publishei6l in V4b1VAM in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published on said
newspaper in the issues of
Sunday,April 4,2021
Aff9ant v'N tir says that the Key Wrest Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,in said
Monroe County,Florida,for a period of t year next pnscading the first publication
of the attached copy of advertisement;and aftnt further says that he or she has
net id nor ny person,firm or oorporatlon any discount,rebate,
n or re rtd far purpose of securing this advertisement for publica-
ti in
c Of
ANC
&Nnne)
ma this IOth dey of April 2021
as (Notary Seal)
My commission expires
Personally Known_Z_ Produced Identification
Type of Identification Produced
�.Ay Notary Put>A1C State o1 F10n0a
`d4f M,nty n weed
My COmiR;5s1U1i}{, G44532
OF
>_xpres 3312512073
MONROECOPL 39 18%3 5 I.W i 4/1W21 1:27 PM
2727
MONROE COUNTY BOAR66F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC:MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21, 2021
NOTICE R fiffew a1YEN mat on wlearw.NW"I+,w""mmme foss of cou*
Commlaelonsrs wm hold afl1c lY mm ft.l,vp mft at OMAM.The WM P"ro wM be a hytxld format
with the County Corm*mlan members rneetkrp 11m in Maralhm whits1hs Mgft"be able to poWpate via
Zoom Wtabilar.Ttw*Mow**Items wN be oansk*ed at a PUBIX 91270
PUBIIC HEARINGS:UN PM(or se soon thereaRsr as may be hawo:
ADOPTING
AMENDMENTS TO THE MONROE COUNTY 203o COMPREHENSIVE PLAN AMENDING THE FUTURE LAND
USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLDCATIONS PURSUANT TO THE WORKFORCE-AFFOFK ABLE HOUSING INITIATIVE
[WORKFORCE INITIVIVO AUTHORIZED BY THE FLORIDA ADM"STRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMENDING AS WELT.AS CLARIFYING POLICIES
101.2.2, 101-2.4, 101.3.1, 101.3.2.1b1.3.3, 101.3.4, 101.3.10.101.3,11,001.1,801.11,am.1.2,1t01.1.8,
8D1.1,11,601.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE sF'BCIFIC WORKFORCE
INITIATIVE RSQUIREMEINTS:PROVIDING FOR SEVERABILITY,PROVIDYNG FOR REVEAL OF�
PROVISIONS; PROWDIAIG FOR 1RIUNSMITTAL TO THE STATE LAND.PIAWAN[ •I ICY.AF10 THE
SECRETARY OF STATE:PROVIDING FOR NDLUSION IN THE MONROE COUINTY DIVE FLAN'
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-087)
AOOvnNo
AMENDMENTS TOTHE MONROE.COUNTY LAND DEVELOPMENTCODEAMEN0NNGTW 188-24.
RESIDENMI-ROGO ALLOCATIONS,Tq ESTABLISH A NEW BUILDING PEt1f1T ALLflOMONtAT600W
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT SU4DIN[;I PW#&Ai t-OCiATIONB
PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING VM%TM WDWFOAOE Nl4MATM
AUTHORIZED BY THE FLORIDA AILINNISTRAIION COMMISSION AND THE FLORtD&MWA ITMENT
ECONOMIC OPPORTUNITY AND TO ESTABLISH THE SPKM WORKFORCE 1RpT44TIWfdbl1 iM,
PROVIDING FOR SEVERASILf3Y;PROVIDING FOR REPEAL OP 06NFLWVM PROVISION$; G
FOR TRANStupTTALTOTHE STATE LAND PLANmNGAGE14C1f ANDTHE�ETAR'Y OFSTATE:=G
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PRDNbiNG FOR AN EFFECTIVE DATE, (FILE 2020-0BS)
Please►visit to Nlorroa Courtyr 11Ja1fs14a at 1af nlaetktp agenda updMss end
krtormatipn mQ=%JkV Ow various plforra araN1,1 to fha PAS v"1M Yw meednp andfer to
make Public cmavwnfa on euUM Nerns.
Pursuant to Section 288.0105 Rwft Siam p a ptf w Gl COW to appeal any aecisim of Ih9 Dow of
County Commlaaloners,with mAo t.Y to ww matter owm inbred at the or h aft,he or she"now a
record of the proceea AW,and Abet.for such purpose,tm or she may need to onawe a verbatim rK*d of the
proceeOnDs is made.whth record hxAtdas 8re veatimway A avldenoe Lpon which Ow 4opeai is to be bwged
ADA ASSISTANCE N you mv,a person wfth a dbobft who needs special ac oonmxXiI A na to ordiw
to paracip to fn this prooeadim IA"owftw tha N+at+W AdNnAWPkwvr'a OHIO%by p►onMg on
202-4441,bstwmm the hours o1 NM a.m.-&W p.m.,no A tar ttrarr five(5)cafutdar da"prior to bbe
aehed&ad nrs oft N you am hoo ft or vole Impakv4 cuff Tt t.'
►urn S.2021 Ky Won Gftw
2728
Item J2.
A Public Meeting for the Board to Review and Offer Initial Opinions Regarding the
County Wide Impacts Concerning a Proposed Amendment to the Text of the Adopted
Monroe County Year 2030 Comprehensive Plan Requesting to Create a New Goal
113, a New Objective 113.1 , and a New Site Specific Subarea Policy (Policy 113.1 .1 ),
Described as "Tavernier Workforce Housing Subarea 1 ", Which Includes Proposed
Changes to Existing Comprehensive Plan Policies Limiting the Disposition of Early
Evacuation Unit Allocations to a 1 -for-1 Exchange Program for Banking Into the
County's Administrative Relief Pool for Reducing Takings (Inverse Condemnation)
and Bert Harris Act Liability Countywide, as Proposed by Cemex Construction
Materials, Florida, LLC.
ONR E COUNTY PLANNING& Eli-IIRONTAIIE TTA1L.RE,;OURC ES,DEPARTNIIE T'I
Emnnn Emily Schemper, A I t-"P ,C.E_M_ _..
ennnmr Director,Mcurme County P'lannnnnnng;& Environmental Resources Depanlmuennt
T u:: Bailonn Snnutln, Esq.
mnntlnl awks P L.
Subject Proposed Cm npr..ehensive Plan An erndrrrent gee rrr,gg a, Subarea Policy to Cl a?lgf?.EYZ'Va'
Comprehensive Plan Pblicies'Laavftiin 7,sposit7,wn of Ezra v Evacuation U iir.Vlocations to
I- Each ara a:? Prop°�aaar for Ba n,Ua g Iwnto .Taaminnistra°ative Relta:�f'Pool,,�`or T abn, s and
ll T PURPOSE
3 This memorandum is to memorialize my deter nnnnuat on punnuuamt to Land Development Code Section 10'2-
4 159( )(Il)that the amnemdnnnennt( ) a e., cliannges),you have proposed(Fnlle 2023_05) to the Monroe Colunnty
5 Year 2030 Comnprelnennslive Plan sliall have a county-wide nanopact..
7 I�I ANALYSIS
9 Pursuant to the Collipfelleilsjs,e Plall ("C'p) P011C:ieS appfoj7ed by the Board of County C onlinissi oiler's
10 through its adoption of OrdirlanceNo.. 005-2021. use of the 300 early evacualiornmit allocations is textually
11 linlited to inner condemmation and Bert Harris Act liability reduction exchange program dispositioll
12 ivhereby an early e�7,-,jCjjafiojj unit allocation's allo� ed use is expressly limited as follows: "Requests` for
13 rap orkforce housing earli, ewicuation unit allocations shall be available onli, for a 1-for-I exchanee fo
14 affordable allocatioitsli;;,veiiii)tio,iis . . . The afford blue allocations returned to the Cou nty in exchan2e.for 15 ia,orkforce housine earlt, emcuation unit allocations shall be banked and used for future at-ImimistratNe
16 relief, benefleltil use determinations and to resolve inverse con(leinnation cases and Bert J Harris Jr.
17 PrHate Pro pert 1 -upplied I!,R�Zhts Protection -4ct rases." See CP Policies 10 L 3.12(a)—(a)(I) ("Emplias's s
is
19 The Board's exclusIl7estatemerit oflegislati-�7 e intent regardilig allowable disposition of early evacuatioll
20 unit allocations is equally plain and. unambiguous:: "'[Tlo, be used in exchan,,aefor exisfin,'a affordable
21 allocations (it inultifandly developments ("bank diem n4thin an adminisfrath,e relief pool)[.]" See
22 Ordinance No. 0,05-202L at PP., 3-4 (Emphasis supplied).
23
24 Your proposed amendment involves as text change to the Board's limiting CP policies enumerated in
25 Ordinance No. 005-,2021 that. if approved, ��70uld allow your clients to take 86 early ej7a cuati oil alloca tions
26 and itse them for development ';�Titjjojjt -ving I in return an equal ilumber of affordable allocations or
27 affordable exemptiolls to be placed ill the Comity's administrative relief hank, for takings and Beil Harris
28 Act liability reduction protecting Monroe County property ov7ner,-,, residents,. and taxpayers against such
29 claims countywide.
1'0
-74 Your proposed amendment iln,-olves a text change to tile Board's limiting CP policies enumerated ill
25 Ordinance No. 005-2021 that. if approved. 1,A,7 ould allow your clients to take 86 early evactiationallocatiolis
26 and use them for development witlJoIll giN,7illg ill return all equal number of affordable allocations, of
27 affordable exemptions to be placed ill the County's administrative relief hank- for takings and Bell Harris
28, Act liability reduction protecting Monroe County proper ty olvllers, residents, and taxpayer s against such
29 claims coulin,�vide.
i A
I The Board's consistent niontlis of'direction and Plaiming & Enj7i roninental Resources Department staff's
2 recommendation resulting ill the formulation of this Policy limitation festfictingg, use of the 300 early
3 evacuation unit allocations to the adopted I-for-1 exchange program to reduce taking's and Harris Act
4 liability exposure ckiulity�vide is denionstrated/s,Jlkj�A,71i below.
4z
7 111 CONCLUSION
8
9 As draining 86 early evacuation allocartions, fi-ee from the established 1-1or-,1 exchange program results, ill
10 86 allocations that would not be in Monroe Couilty's administrative relief' baiI to satist, inverse
I I condelluiation and Bert Harris Act claims arising throughout the County, it is illy determination that the
ilIVOI17 e.,I Ilge,' -117e Plall 1 12 amendment ymi liaN.7e PI-01)OSed C:I la to t1le policies of the Comprelielis that will result
13 ill a C:ojlllty_'�A,7ide impact.
�Il
JII 4
JlF'
Applicant's Proposed Amendment Language
COAL H3
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• The Proposed Comprehensive Plan amendment creates a site-specific sub-area for affordable housing that is limited to a
single location,and therefore does not have a county-wide impact.
• The purpose of a county-wide determination is to determine if adoption of a proposed LDC or Comprehensive
Plan text amendment directly affects property outside of the Applicant.
• Ex.An LDC TextAmendment or Comprehensive Plan amendment that the open space requirementfor all
properties located within the Suburban Commercialzoning district would have a directeffect on properties
outside of the Applicant's and therefore would have a county-wide effect.
• The Amendment is tailored to one site-specific sub-area and seeks to allow a very limited disposition of 86 workforce
housing earlyevacuation units to the site-specific Sub-Area.
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MEMORANDUM.
AIONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT'
40
To: Monroe County Hoard of County Commissioners 41 Concept.Meeting
42 In accordance with LDC'Section 102-155(d)('1),a concept meeting avas held an.line 23,2022,and it
Through: Emily Schemper,AlCP,CFM,Senior Director of Planning,and Environmental 43 Chaff determined that the proposed text ameIidment will not have a county-wide impaet because the
Resources 44 proposed armendurent is liinittd to a single property in Stock Island.
45
From: Cheryl Ciufffari,AIC'P,Assistant Director of planning
Devin Tolpin.AICP,CFM,Principal Planner
Date: January 3,2023
Subject: An Ordinance by the Monroe County hoard of C'otuity Commissioners annending the `. Allne r� u� � 4 ack Nand`i'tidainl(none Subarea 2 h alN lle tallaect
t C1___f_�iC l cra i.Qe GouI:V Ir or.u.t.r.a u�uVty 7s r with roan the rla
Monroe County Compichensive Plan creating Policy 111.1.2; establishing the Stock p y g (= a a.rdai:ale
Island Workforce Subarea 2;establishing the boundary of the Stock Island Workforce l o ilia+�I't�"D4it7 anloc n �r c s�1ap1 yc �.,e 'cnli fkavcr,.,.ltaRov'a�....Pro ily re�de„ln�r� 3rS^ ��,o i t ae�
Subarea 2;limiting the p;ermitteduses offlie subarea to deectrestricted affordable housing Luce 1uundied :i0(P awolaRor°cc lsranrK,ml, P.C1GO aeceivcd law Adomoc C,otuml ,mtsuant to
dwelling units,establishing the nraximurn net,density for affordable housing,height and Ordinance
off-street parking requirements in flit subarea; eliminating allocated density and
nonresid,ential floor area ratio;providing for the conversion and transfer of market rite
RC7GO exemptions to transient„and providing for the setback reriuirements within tilt
Stock Island Workforce Subarea.2 for Property located at 6500'Maloney.Ave., Stock
Island,having Parcel Identification Number 00126090-000000, as proposed by Roy°s
Trailer Park,Inc.(File 2022-072)
163.3187 Process for adoption of small scale comprehensive plan amendment.—
(1) A small scale development amendment may be adopted under the following conditions:
(a) The proposed amendment involves a use of 50 acres or fewer and:
(b) The proposed amendment does not involve a text change to the goals, policies, and objectives
of the local government's comprehensive plan, but only proposes a land use change to the future land
use map for a site-specific small scale development activity. However,text changes that relate directly
to, and are adopted simultaneously with, the small scale future land use map amendment shall be
permissible under this section.
(c) The property that is the subject of the proposed amendment is not located within an area of
critical state concern, unless the project subject to the proposed amendment involves the
construction of affordable housing units meeting the criteria of s. 420.0004(3),and is located within
an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant
to s. 380.05(1).
(2) Small scale development amendments adopted pursuant to this section require only one public
hearing before the governing board,which shall be an adoption hearing as described in s. 163.3184(11).
(3) If the small scale development amendment involves a site within a rural area of opportunity as
defined under s. 288.0656(2)(d) for the duration of such designation, the acreage limit listed in
subsection (1) shall be increased by 100 percent. The local government approving the small scale plan
amendment shall certify to the state land planning agency that the plan amendment furthers the
economic objectives set forth in the executive order issued under s. 288.0656(7), and the property
subject to the plan amendment shall undergo public review to ensure that all concurrency requirements
and federal,state, and local environmental permit requirements are met.
(4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency
of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were
set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be
amendments.
• Small Scale Future Land Use Map Amendment for 11.09 acres from
Mixed Use/Commercial (MC) to Residential High (RH)
• Residential High is a more suitable FLUM for residential multi-
family developments and restricts potential intensity within
the Sub-Area.
' • Land Use District Map Amendment for 11.09 acres from Suburban
_ Commercial (SC) to Urban Residential (UR)
' Creating the boundary of the Sub-Area.
• Corresponding Small Scale Comprehensive Plan amendment:
• Provides language creating site-specific sub-area Policy 113.1.1
• Further Limits uses to affordable housing and accessory uses
• Permits the allocation of 86 early evacuation workforce
housing units to be uses in site-specific sub-area.
� 9A I •
Aside from the Amendment only affecting the Sub Area,the County's Determination relies on the following hypothetical
outcomes and speculative conclusions:
• The proposed amendment results in 86 fewer Evacuation Units because they are used at the Property.
• If this were the case, every ROGO allocation of any type would have a County-wide impact which it does not.
• The 86 Evacuation Units that are not available means they cannot be allocated to another projector projects
somewhere else that already exists.
• This also certainly isn't a County-wide impact as the use at another project isn't County-wide but specific to
the other project's use.
• This is entirely hypothetical as no one has requested any early evacuation units, nor can any existing project
utilize these units that have any loan or Low-Income Housing Tax Credits as it would add additional
restrictions to a property not agreed to by the lender or State of which they would never practically agree to.
� 9A I •
• Allocating the 86 Evacuation Units, results in 86 less affordable allocations in the County administrative relief
bank.
• Again, this focuses on that if ROGOs are used by one project then other projects cannot have them.
• This relies on the speculation these units will be accepted by another project willingto exchange existing
affordable units.
• The Evacuation Units requested cannotbe used for administrative relief.
• The Amendment does not result in 86 fewer allocations in Monroe County's administrative relief bank, but
rather results in 86 much-needed workforce housing units and leaves the County with 214 early evacuation
units, which likely will never be exchanged.
• The 86 Affordable Units the County could possibly get from a built affordable project could then be available to
offset County-wide takings liabilities.
• The staff's reason it is a County-wide impact stems from the fourth-degree potential impact that a
hhnothetical number of exchanged affordable units could hypoth�be used for entirely speculative
county-wide takings and Bert Harris Act liabilities.
• This is pure conjecture and speculation.
Corresponding Small-Scale
Comprehensive Plan Amendment:
• Pursuant to Florida Statute 163.3187, a corresponding text amendment is permitted if it relates directly to, and
is adopted simultaneously with, the small-scale FLUM amendment.
• The Proposed Small-Scale FLUM amendment is amending a portion of the site to a more suitable FLUM for
multi-family affordable housing residential development and limiting future non-residential uses within the
Sub-Area.
• The proposed small-scale comprehensive plan amendment would allow the development of a multi-family
affordable housing development, which relates directly to the FLUM amendment, and is being filed, and will be
adopted simultaneously with, the small-scale FLUM amendment.
• The Small-Scale FLUM and comprehensive plan amendment relate solely to the development of affordable
housing units, which is permitted as part of Florida Statute 163.3187.
• The Applicant is requesting a small-scale FLUM and corresponding comprehensive plan amendments as the
most expeditious way to provide much-needed affordable housing to the Florida Keys.
• Community Meeting_
May 6th/7th/8th
• Development Review Committee:
June 25, 2024.
• Planning Commission Meeting:
July 23, 2024.
• Board of County Commissioners Meeting:
September 11, 2024 (Key Largo BOCC).
® • Public Appeal Period:
Expires October 11, 2024.
• Florida Department of Commerce:
Transmittal September 13, 2024 (Friday) - 45 days
(expires October 28, 2024).
• Effective Date:October 29, 2024.
• Community Meeting:
May 6th/7th/8tn
• Development Review Committee:
June 25, 2024.
• Planning Commission Meeting:
July 23, 2024.
• Transmittal Board of County Commissioners Meeting:
September 11, 2024 (Key Largo).
• Florida Department of Commerce:
® Transmittal September 13, 2024 (Friday) - 60 days
(expires November 12, 2024).
® , • Adoption Board of County Commissioners Meeting:
December 11, 2024 (Key Largo).
• Public Appeal Period:
Expires January 10, 2025
• Florida Departmentof Commerce:
Transmittal December 13, 2024 (Monday) - 45 days
(expires January 27, 2025).
• Effective Date:January 28, 2025.
• Communi , Meeting:
May 6th/7th/8th
• Development Review Committee:
June 25, 2024.
• • Planning Commission Meeting:
August 28, 2024. (No less than 90 da s from Community
• meeting- LDC Section 102-159(b)(3%)).
• Transmittal Board of County Commissioners Meeting_
December 11, 2024 (Next Key Largo BOCC) -
Unless Special Meeting scheduled for late September 2024
• Florida Department of Commerce:
Transmittal December 13, 2024 (Friday) - 60 days
(expires February 11, 2025).
• Adoption Board of County Commissioners Meeting.
March 19, 2025 (Date undetermined but based on 2024
Key Largo BOCC date).
• Public Appeal Period:
Expires April 19, 2 02 5.
• Florida Department of Commerce:
Transmittal March 21, 2025 (Friday) - 45 days
(expires May 5, 2025).
• Effective Date:May 6, 2025.
M;u-29 Jun-24 Ju1-24 Auk-24 S,p-2 Oct-2 4 Now-2 4 nec-2 Jan-25 Feb-2 5 Mat-25 Act-25 M;a-25 Jun-25
(45-120 da s betwean Community and Planning Commission)
Small Scale FWM and
Communitip Meeting
D—lc ment Review Committee
Planning
Cam
BCCC Adoption Hearing
September 11,2024(Ke
Public Appeal(Enlpires Qctober 11,2024)
Commerce Review(Ew ires Ccto6er 28,2024)
Ellectiwe Care-Octn6er
(45-12U da s betwean Ccmmuniry and Planning Commission) 25_2029
Qdo less than 5Cl da s.becoeen Community and Planning Commission-LCC Section 1102-155(b)(3)(a)).
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• 102-159(b)(2) BOCC Impact Meeting. Private proposals to
amend the text of the Land Development Code and/or
Comprehensive Plan shall require a public meeting with
the Board of County Commissioners ("Impact Meeting")
prior to the application proceeding to the DRC for review.
The applicant shall coordinate with the Planning Director
regarding the date and time of the Impact Meeting;
however, all Impact Meetings shall be held in Marathon.
• c. During the Impact Meeting, County staff will
identify, in writing, the county-wide impacts of the
proposed amendment based upon the results of the
concept meeting in Section 102-159(b)(1). The Impact
Meeting is not to be a public hearing (the BOCC will
not vote on the proposal), but a public meeting
during which the BOCC may offer their initial
opinions and the public may have input on the
proposed amendment.
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