Item J3 J3
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
December 11, 2024
Agenda Item Number: J3
2023-3388
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: Discussion and Direction Regarding Draft Language for Amendments
to the Comprehensive Plan and Land Development Code to Eliminate the 1-for-1 Takings and Bert J.
Harris Act Liability Reduction Exchange Requirement for Early Evacuation Unit Building Permit
Allocations.
ITEM BACKGROUND:
At its September 1 lth, 2024, regular public meeting, the BOCC approved transmittal to the State Land
Planning Agency(Florida Department of Commerce) an ordinance that allows Cemex Construction
Materials Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86 early evacuation unit building
permit allocations on one site in Tavernier without meeting the requirement of the 1-for-1 takings and
Bert Harris Act liability reduction exchange required by the current Comprehensive Plan and Land
Development Code.
During that September 1 lth meeting agenda item(Item Q3.) the BOCC additionally directed Planning &
Environmental Resources Department professional staff to begin processing Comprehensive Plan and
Land Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
Professional staff have drafted the attached text amendment language and has put together the
following tentative timeline (subject to change) for the proposed amendments:
Tentative Schedule
2024-213 Comprehensive Plan Amendment
Community Mtg: December 12, 2024
3721
DRC: February 18, 2025
PC: March 26, 2025
BOCC Transmittal Hearing: April 16 or May 14, 2025
BOCC Adoption Hearing: August 20, 2025
2024-215 Land Development Code Amendment
Community Mtg: December 12, 2024
DRC: February 18, 2025
PC: March 26, 2025
BOCC Adoption Hearing: August 20, 2025
Effective: +/- 120 days after BOCC hearing= December 13, 2025 (approximate)
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Professional staff requests direction from the BOCC on any
requested changes to the draft text amendment language.
DOCUMENTATION:
DRAFT.language for BOCC Consideration.12.11.2024.pdf
FINANCIAL IMPACT:
N/A
3722
Proposed Amendment: deletions are shown in f ekfl fllR)H ;Il; additions are shown in recl,
1
2 Objective 101.2
3 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
4 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
5 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
6 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
7 adopted between the County and all the municipalities and the State agencies.
8
9 Policy 101.2.1
10 Monroe County shall maintain a memorandum of understanding with the State Land
11 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
12 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
13 data and analysis,the input variables and assumptions, including regional considerations,
14 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
15 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
16 clearance times for the population of the Florida Keys.
17
18 Policy 101.2.2
19 Monroe County shall coordinate with all the municipalities, the State Land Planning
20 Agency and Division of Emergency Management to update the variables and assumptions
21 for the evacuation clearance time modeling and analyses of the build-out capacity of the
22 Florida Keys Area of Critical State Concern based upon the release of the decennial
23 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
24 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
25 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
26 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
27 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
28 of annual allocations for market rate development to extend the allocation timeframe to
29 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
30 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
31 hurricane evacuation clearance time requirement standards; 2)new hurricane evacuation
32 modeling by the State Land Planning Agency and Division of Emergency Management;
33 and 3) a new or revised memorandum of understanding with the State Land Planning
34 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
35 Colony Beach and Layton (see Policy 101.2.1).
36
37 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
38 Monroe County shall establish a new allocation category to accept and award 300
39 ��,d for c iN c workforce housing early evacuation unit building permit allocations pursuant
40 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
41 These allocations are in addition to the maximum allocations identified in Rules 28-20,
42 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
43 major hurricane.
44
45
BOCC 12.11.2024
Draft Language Page 1 of 23
3723
I Policy 101.2.3
2 The County will consider capital improvements based upon the need for improved
3 hurricane evacuation clearance times, including potential impacts from sea level rise to
4 the County's evacuation route. The County will coordinate with the FDOT, the state
5 agency which maintains U.S.1, to ensure transportation projects that maintain and
6 improve clearance times are prioritized.
7
8 Policy 101.2.4
9 In the event of a pending major hurricane (Category 35) Monroe County shall
10 implement the following staged/phased evacuation procedures to achieve and maintain
11 an overall 24-hour hurricane evacuation clearance time for the resident population.
12 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
13 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
14 vessels (transient and non-transient), military personnel, units approved and deed
15 restricted as ffd"��rcl iNc workforce housing early evacuation units from the Florida
16 Keys shall be initiated. State parks and campgrounds should be closed at this time or
17 sooner and entry into the Florida Keys by non-residents should be strictly limited.
18 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
19 of mobile home residents, special needs residents, and hospital and nursing home
20 patients from the Keys shall be initiated.
21 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
22 evacuation of permanent residents by evacuation zone (described below) shall be
23 initiated. Existing evacuation zones are as follows:
24 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
25 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
26 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
27 63)
28 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
29 63-106.5 and MM 1-9.5 of CR 905)
30 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
31
32 The actual sequence of the evacuation by zones will vary depending on the individual
33 storm. The concepts embodied in this staged evacuation procedures should be embodied
34 in the appropriate County operational Emergency Management Plans.
35
36 The evacuation plan shall be monitored and updated on an annual basis to reflect
37 increases, decreases and or shifts in population;particularly the resident and non-resident
38 populations.
39
40 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
41 of allocations to more than 197 residential units a year, except for affordable housing.
42 Any increase in the number of allocations shall be for affordable housing. Monroe County
43 ere accepts 300 ��d°d°�����;y iVc workforce °::°° housing early evacuation unit
44 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
45 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
46 Commission, 1,1u21cL cG� (1,1, and the Florida Department kewlo�ill e
�' w �I ����� �r;d � �r��..
47 O1' Coaumfierce. These c idy icuc oti allocations are in addition to the
BOCC 12.11.2024
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3724
I maximum allocations identified in Rules 28-20, F.A.C., girl shall be restricted to rental
2 occupancy for those who derive at least 70%of their income as members of the workforce
3 in Monroe County and who meet the affordable housing income categories of the Monroe
4 County Land Development Code. The , fly �Y(Icucltwtl allocations shall be required to
5 evacuate in Phase 1 of the 48-hr evacuation
6 �ii ijoF Iiii 4e ine, No new additional residential dwelling unit allocations shall be
7 authorized within the Phase 1 of the 48-hr evacuation unless approved and provided by
8 the Florida Administration Commission and the Florida Department Iewio�iiue
9 �)I'Cope icrcc after review of hurricane evacuation modeling results by the
10 State Land Planning Agency and the Division of Emergency Management of available
11 evacuation capacity and a review of the level of service and available capacity for all
12 public facilities.
13
14 Objective 101.3
15 Monroe County shall regulate new residential development based upon the finite carrying
16 capacity of the natural and man-made systems and the growth capacity while maintaining a
17 maximum hurricane evacuation clearance time of 24 hours.
18
19 Policy 101.3.1
20 Monroe County shall maintain a Permit Allocation System for new residential
21 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
22 Permit Allocation System shall limit the number of permits issued for new residential
23 dwelling units. The ROGO allocation system shall apply within the unincorporated area
24 of the county, excluding areas within the county mainland and within the Ocean Reef
25 planned development (Future development in the Ocean Reef planned development is
26 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
27 recognized and issued by the Department of Community Affairs). New residential
28 dwelling units included in the ROGO allocation system include the following: affordable
29 housing units; market rate dwelling units; mobile homes; institutional residential units
30 except hospital rooms and i d d or cl ib c workforce housing early evacuation units.
31
32 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
33 a distinct location, and therefore cannot be accounted for in the County's hurricane
34 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
35 or associated wet slips be transferred upland or converted to a dwelling unit of any other
36 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
37 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
38 Exemption).
39
40 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
41 units; and seasonal residential units are subject to Policy 101.3.5.
42
43 For purposes of this Policy,the redevelopment or replacement of any lawfully established
44 unit within the Venture out community, which is located in the Lower Keys at MM23 on
45 Cudjoe Key, that does not increase the number of units, above that which existed on or
46 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
47 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
BOCC 12.11.2024
Draft Language Page 3 of 23
3725
I Out may be developed as either detached dwelling, mobile home or recreational vehicle
2 use through the approval of a building permit,provided the following are met:
3 1. To not increase the hurricane evacuation clearance time of permanent
4 residents, in the event of a pending major hurricane (Category 35), a
5 mandatory evacuation of all occupants of units within Venture Out,regardless
6 of unit type, is required at least 48 hours in advance of tropical storm winds.
7 Approximately 48 hours in advance of tropical storm winds, a mandatory
8 evacuation of occupants residing in a permanent unit shall be initiated and a
9 mandatory evacuation of both the occupants of recreational vehicles (RVs)
10 and the RVs shall be initiated;
11 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
12 detached dwelling (permanent), mobile home (permanent) and recreational
13 vehicles (transient) uses may occur only within the gated Venture Out
14 community with a managing entity responsible for evacuation;
15 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
16 prohibited;
17 4. Recreational Vehicles must meet all land development regulations, floodplain
18 management regulations and any building code requirements for recreational
19 vehicles;
20 5. A recreational vehicle must have current licenses required for highway travel,
21 be attached to the site only by the quick disconnect-type utilities, and no
22 permanent additions such as sun rooms or state rooms shall be permitted;
23 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
24 regardless of use type,within the Venture Out community may be transferred
25 to another site outside of the Venture Out community; and
26 7. In no case shall recreational vehicles (transient units) be developed as a
27 hotel/motel.
28
29
30 Policy 101.3.2
31 The number of permits issued for residential dwelling units under the Rate of Growth
32 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
33 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
34 ROGO year and 300 1ddorc.
i V c„workforce housing early evacuation unit building permit
35 allocations authorized by the Florida Administration Commission. i 1pj � 202 3 1I,
p ° . p y .. �micrcc. A
36 ]� ��� ��„� �V��b�.����.,....and the Florida Department ��:������.��ac�u�: �������������u�����n -�;�d ��� .
37 ROGO year means the twelve-month period beginning on July 13.Market rate allocations
38 shall not to exceed 126 residential units per year.Unused allocations for market rate shall
39 be available for Administrative Relief.
40
41 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of 6ewio iiie 0[)1304ui.tI4 :
42 o.„
C o �:p�:..erce completed the hurricane evacuation clearance time modeling task and
43 found that with 10 years' worth of building permits, the Florida Keys would be at a 24
44 hour evacuation clearance time. This creates challenges for State of Florida and Monroe
45 County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260
46 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new
47 allocations this may result in a balance of 6,198 privately held vacant parcels at risk of
BOCC 12.11.2024
Draft Language Page 4 of 23
3726
I not obtaining permits in the future. In recognition of the possibility that the inventory of
2 vacant parcels exceeds the total number of allocations which the State will allow the
3 County to award, the County adopted a slower rate of annual allocations for market rate
4 development to extend the allocation timeframe to 2026 and is accepting 300 1I'fo cl ibV c
5 workforce 004,*4440 housing early evacuation unit building permit allocations pursuant
6 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
7 authorized by the Florida Administration Commission., ��„ �� 2Q23 1!,,, Uws of
8 �°�oru(�,I., and the Florida Department kewi.o�ii�e ...0[')poFt11f1ufiy....od Coamierc1. These
9 ffd"orcl�iNc workforce housing early evacuation allocations that are in addition to the
10 maximum building permit allocations identified in Rules 28-20, F.A.C. The County will
11 consider adopting an extended timeframe for distribution of the ROGO allocations
12 through 2033 with committed financial support from its State and Federal partners. This
13 timeframe can provide a safety net to the County and provide additional time to
14 implement land acquisition and other strategies to reduce the demand for ROGO
15 allocations and help transition land into public ownership.
16
17 The County is actively engaged in acquisitions and is requesting its State and Federal
18 partners for assistance with implementing land acquisitions in Monroe County. The
19 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
20 substantial financial support is provided by July 12, 2023, the County will reevaluate the
21 ROGO distribution allocation schedule and consider an extended timeframe for the
22 distribution of market rate allocations (through a comprehensive plan amendment).
23 Further, the State and County shall develop a mutually agreeable position defending
24 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
25 cases, with the State having an active role both directly and financially in the defense of
26 such cases.
27
28 The County shall distribute ROGO allocations by ROGO year, as provided in the table
29 below.
30
Annual Allocation
ROGO Year Affordable ll�� d �ll ' Workforce
Market Rate Housing � � ul � ..Initiative
1 arl
1
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
July 13, 2017—July 12, 2018 126 568 total AFH N/A
(total available
July 13, 2018—July 12, 2019 126
immediately)
July 13, 2019—July 12, 2020 126
July 13, 2020—July 12, 2021 64
BOCC 12.11.2024
Draft Language Page 5 of 23
3727
July 13, 2021—July 12, 2022 64
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
AffoMiNc n
Workforce housing early evacuation unit biJkl�'tig pg�rrqiq allocations shall be
available countywide (unincorporated county) and distributed on a first-come first-serve basis.
Requests for dwelling units developed and/or deed-restricted utilizing the dforcl�iNc workforce
g y :(Jfl 116 ;d��a allocations are subject to the provisions of Policy
housing earl evacuation unit g��u.
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 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be
8 established by the State of Florida, pursuant to Administration Commission Rules, to
9 affordable housing units as part of ROGO. Any portion of the allocations not used for
10 affordable housing shall be retained and be made available for affordable housing from
11 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
12 ffd"orcl�iNc workforce housing early evacuation units shall meet the criteria specified in
13 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
14 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
15 parcel proposed for affordable housing or ilfo cl ibVc workforce housing early evacuation
16 units shall not be located within an area designated as Tier I as set forth under Goal 105
17 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
18
19 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
20 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
21 the following criteria:
22 1. The property contains an existing market rate dwelling unit that meets the criteria in
23 LDC Section 138-22(a) and is determined to be exempt from ROGO;
24 2. The proposed replacement affordable dwelling unit meets current Florida Building
25 Code and is not a mobile home;
26 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
27 99 years as affordable housing pursuant to the standards of the Land Development
28 Code; and
29 4. The proposed site plan for the replacement affordable dwelling unit does not propose
30 any additional clearing of habitat.
31
32
BOCC 12.11.2024
Draft Language Page 6 of 23
3728
I Policy 101.3.4
2 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
3 development shall specify procedures for:
4 1. establishing the annual number of per-mits fflociflotis for new residential units to be
5 issued during the next ROGO year based upon, but not limited to the following:
6 a. expired allocations and building permits in previous year;
7 b. allocations available, but not allocated in previous year;
8 c. number of allocations borrowed from future quarters;
9 d. vested allocations;
10 e. modifications required or provided by Administration Commission Rules;
11 f. modifications required or provided by this plan or agreement pursuant to Chapter
12 380, Florida Statutes; and
13 g. receipt or transfer of affordable housing allocations by intergovernmental
14 agreement; and
15 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
16 Clearance Time Memorandum of Understanding.
17 2. allocation of affordable housing, i ll'orcl i e workforce housing early evacuation unit,+
uu�� and marketrate housing units in accordance with Policies
18 �:��„��fluu���l;�c�au���u...��VV��c��,....
19 101.3.2 and 101.3.3; and
20 3. timing of the acceptance of applications, evaluation and scoring of applications, and
21 issuance of permits for new residential development during the calendar year.
22
23 Policy 101.3.5
24 Due to the limited number of allocations and the State's requirement that the County
25 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
26 shall prohibit new transient residential allocations for hotel or motel rooms, campground
27 spaces, or spaces for parking a recreational vehicle or travel trailer until July 2026.
28 Lawfully established transient units shall be entitled to one unit for each type of unit in
29 existence before January 4, 1996, for use as a ROGO exemption.
30
31 Policy 101.3.6
32 All public and institutional uses (except hospital rooms) that predominately serve the
33 County's non-transient population and which house temporary residents shall be subject
34 to the Permit Allocation System for residential development, except upon factual
35 demonstration that such transient occupancy is of such a nature so as not to adversely
36 impact the hurricane evacuation clearance time of Monroe County.
37
38
39
40 Policy 101.3.9
41 For those ROGO applications and properties which have not received a ROGO award for
42 four consecutive years and have applied for administrative relief, which are designated
43 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
44 for such is available. Refusal of the purchase offer shall not be grounds for granting a
45 ROGO award.
46
47
BOCC 12.11.2024
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3729
I Policy 101.3.10
2 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
3 101.3.10,building allocations utilized for affordable housing projects may be pooled and
4 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
5 subarea, and between local government jurisdictions within the Florida Keys Area of
6 Critical State Concern (ACSC). Any such transfer of affordable housing allocations
7 between local government jurisdictions must be accomplished through an interlocal
8 agreement between the sending and receiving local governments. Interlocal agreements
9 that involve assigning the County's affordable housing(not including affordable housing
10 allocations banked for takings cases) allocations to existing dwelling units within a
11 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
12 be transferred into the unincorporated County as an exchange for the affordable housing
13 allocations transferred to the municipality, shall be accomplished through a minor
14 conditional use permit approval and shall be subject to the receiver site criteria in Policy
15 101.6.8 and may be transferred to any subarea within the unincorporated County. In no
County d"�f�r cif V c workforce housing early
16 event shall the Coun 1 O pool an transfer ��
17 evacuation unit biJu (flWg ...pg�q ui allocations between ROGO sub-areas, (2) transfer
18 �uV(fluud.g U a 1 allocations to another
d��rcfl�i,l�dc„workforce housing early evacuation umtlk
19 government jurisdiction, (3) receive dforcl�ilk c workforce housing early evacuation unit
20 building ep rmit allocations from another government jurisdiction, or (4) transfer
21 affordable housing ROGO allocations received by the County in exchange for workforce
22 housing early evacuation unit allocations to another government jurisdiction.
23
24
25 Policy 101.3.11
26 Monroe County may receive additional building permit allocations pursuant to the 2012
27 completed hurricane evacuation clearance time modeling and allocation
28 recommendations by the State Land Planning Agency and the Administration
29 Commission's direction that the City of Key West\transfer annually (by July 15th) any
30 remaining unused allocations for that year to the other Florida Keys' local governments
31 based upon the local governments' ratio of vacant land. Any transferred allocations from
32 the City of Key West to Monroe County shall be made available for Administrative
33 Relief. Monroe County may receive, and award 300 building permit allocations
34 designated as �d d����cl ilk c workforce housing early evacuation units pursuant to the
� ,
35 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
36 provided by the Florida Administration Commission and the Florida Department
d u :.. �,��mot allocations that are in
37 �c��u���� ��uc �_i.��� ����fi����r��ufiv ��d:..y'��a��a�����c�. These c ifly cccic 38 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
39 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
40
41 Policy 101.3.12
42 (,'ll,� diIDi'lI Workforce .....�)�� utt �.g l . mwl 1:... . u... ti o n Initiative. To support Monroe
43 County�'s workforce by alleviating constraints on affordable housing, to protect private
44 property rights and address potential liability, the County is participating in the
45 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
46 June 13, 2018 meeting of the Florida Administration Commission. Monroe County
47 accepts the 300 ffd"orcl�iNc workforce housing early evacuation building permit
BOCC 12.11.2024
Draft Language Page 8 of 23
3730
I allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
2 Florida Administration Commission Oi,11,21eL.."G97.w Ho u(1,1, and the Florida
. The Workforce-Affordable
p � ( �v ie��ce. Housing
3 Department �c��u��� ���uc �_� ����.������u����..��v ��d° '��a��a�...
4 Initiative will require dwelling units constructed and/or deed restricted with workforce
5 housing early evacuation building permit allocations to evacuate occupants in Phase 1 of
6 the 48-hr evacuation of a pending major hurricane,pursuant to the criteria below.
7
8 To participate in the Workforce Initiative, Monroe County shall be responsible for the
9 management, distribution, and enforcement of requirements associated with the
10 ��d f arc iNc workforce housing early evacuation building permit allocations. Monroe
11 County shall ensure adherence to these requirements through implementation of this
12 policy and shall annually provide to the Florida Department keotio�ii�e ()[,)poFGw14Y �21
13 Coamierce a report indicating the number of ffd°orcl�INC workforce housing early
14 evacuation units built and/or deed restricted, occupancy rates, and compliance with the
15 requirement to evacuate the units in Phase I of an evacuation. The annual report shall be
16 provided to the State in a timely manner such that the State may include the information
17 in the required Annual Report to the Gw eHiof I i Acla(utiMniflot
18 ;oa i a ii ss�o(( on the County's progress toward completion of its Work Program pursuant
...
19 to Rule 28-20, F.A.C.
20
21 Dwelling units developed and/or deed restricted utilizing the ffd°or c iNc workforce
g y �(fi i�(1;��L!11�t allocations are subject to the following:
22 housing earl evacuation unit 1���,
23
24 a Requests for ��,�dorc�iNc„
workforce housing early evacuation unit biJkfitUU)- (au l
25 allocations si i (.... e et:fl.y A)f �1 1.... 14 p ex0ll ltlge... 1, ....'11,14el'ible
26 �It i require a reservation via BOCC resolution. The BOCC
27 may, at its discretion,place conditions on any reservation as it deems appropriate. ::(41e
28 BOCC ail iy, i� 4s (fisefe4�otl,....eX018Hge e ��441,Llr...FeSeFVe . iP�"oRIMg4 Mloe�i4�otls 14
29Mkc. �()tls HNeF..fle WeAl4ee 4144uuee to effu 11uiei�
30 JxiFttlel°s �o aIleet flee Fegl4ealle �s ol,flie "VoF144eeWIIS41g.-eidy..-ee�lelli44 off
31 w14 Mk)em�()wr Flifflief flie B(_W ....�iltly ..8t 4!"' �Mc�e ������, H[.�)pfw,�e....fiie ex0ll ltlg.e e�i�°
32
33
34 �o [*4v i� e (.Ieve�ojwle � �It*l flonpF44._seeuoF....JxiFttleFs cV4141'a �o aIleet flee.
35 Ile l4egile .s (4 flle e�ldy evtle'l:lm ()t"l HN4 .:�..�v�6
36
37 ()Ia�r:4l edy e ..t1cllm o tl litI.f. ����� e fiu��u� ,...M,lIM . .e btltl.l�eEl �ItI�EI llseEl 14 ki,fiilfe.
38 tlelle�,fl Ilse EleteFR1414�VOHS 8HE1 �O... Fe"O�Ve 4lVeN.e.
39 °
40 ;het e�ises:
41 .
42 M oe i4�otls FetllmeEl to flie Golinty S I iN be is 4"14(1,4 Ve M oe�i4�otl
43 �ItIEI....CdIM(...M ,O e fe�uffi leEl �O flie of�g4IM... �����������kb� e � ���� ��u���.g c���eg��FY (;,eF ,:
7
44 Vo ,:o"V/�ileEhu ltl 41eo file VS R�IO(Iffilte 41eo file poo ))
45 "
46
47 e- gt
BOCC 12.11.2024
Draft Language Page 9 of 23
3731
1
2 FeM....pf:o[,)eF V �� �° 4oit fie eo�wfineEfl of ,fie 14te 4, Cif:o fll.
3 ORi�41,wee...(kc)(40) fe!114fl, .fHf1 11 pfov�k6�l flley beef ie eF4efi l
4 fie Coiq)4iensiye N in iml Lit l Deeelo[,)�iient Go(le::
5
6
7 e .elleu �...��i�� �e Mdl� � e u� f e.... uu�une���a ����r:e ��� fi e � ���.�e�G eceM ��I����.� � fi� �:�A,o k
8 fie 14t*141 .4'�l Fegl)i�Itof:y f,441gr lit*IeF eli�Ffent Ilse e ise �,iw::
9
10
11 Mk)em Oils MdIM �e ����,�u�e �i� . ��� .....��d .�e ���V��f <��� ��i i.������ �u��.. � �����.f���ief bef,,N,eei4.Elie
12 i�4)CC ..-�It*l fie to ofllei,iHy e,y01�ltlge fie �iHoe� ltiofls iml ew4l ffll.
13
14 (elf) All �orcl ilk c workforce housing early evacuation units require a deed-
, ��dd .
15 restriction ensuring:
16 (1) Before any building permit may be issued for any structure,portion or phase of
17 a project subject to the Workforce Initiative, a restrictive covenant shall be
18 approved by the Planning Director and County Attorney and recorded in the
19 Office of the Clerk of the County to ensure compliance with the provision of
20 this section running in favor of the County and enforceable by the County and,
21 if applicable, a participating municipality. The following requirements shall
22 apply to these restrictive covenants:
23 a. The covenants for any workforce housing early evacuation units shall be
24 effective for 99 years.
25 b. The covenants shall not commence running until a certificate of occupancy
26 has been issued by the Building Official for the dwelling unit or dwelling
27 units to which the covenant or covenants apply.
28 c. For existing dwelling units that are deed-restricted as workforce housing
29 early evacuation units, the covenants shall commence running upon
30 recordation in the Official Records of Monroe County.
31 (2) The covenants shall require that the workforce housing early evacuation units
32 to be restricted to rental occupancy for those who derive at least 70% of their
33 income as members of the workforce in Monroe County and who meet the
34 affordable housing income categories of the Monroe County Land
35 Development Code. The occupants are required to annually verify their
36 employment and income eligibility.
37 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
38 evacuation of a pending major hurricane. Persons living in the workforce
39 housing early evacuation units who may be exempted from evacuation
40 requirements are limited to law enforcement, correctional and fire personnel,
41 health care personnel, and public employees with emergency management
42 responsibilities. If there is an occupant that indicates their employment is
43 considered a`first-responder position' and not included in the list of exemptions
44 above, then the Planning Director shall determine, in writing, whether the
45 person may be exempted because of a requirement to remain during an
46 emergency. Any person claiming exemption under this provision shall submit
BOCC 12.11.2024
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3732
I of an affidavit of qualification and faithfully certify their status with the onsite
2 property management.
3 (4) The covenants shall require rental agreements which contain a separate
4 disclosure requiring rental occupants to acknowledge the existing restrictive
5 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
6 and that failure to adhere to the Phase 1 evacuation requirement could result in
7 severe penalties, including eviction, to the occupant.
8 (5) The covenants shall require onsite property managers and a separate
9 employment disclosure requiring the maintenance of training in evacuation
10 procedures and an acknowledgement that failure to adhere to the Phase 1
11 evacuation requirement could result in severe penalties, including termination.
,orkforce housing early evacuation units shall be restricted to rental
13 occupancy for those who derive at least 70% of their income as members of the
14 workforce in Monroe County and who meet the affordable housing income categories
15 of the Monroe County Land Development Code. Workforce means individuals or
16 families who are gainfully employed supplying goods and/or services to Monroe
17 County residents or visitors.
orkforce housing early evacuation units shall require onsite property
19 management with property managers trained in evacuation procedures and required to
20 manage the evacuation of tenants in Phase I of an evacuation. During traditional
21 working hours, the property manager must be at an office within the d"d"orcl:.dINC
22 workforce housing early evacuation unit development subject property. Outside the
23 traditional working hours, the property manager must be available at all times to
24 respond to evacuation orders.
property g ty ..
N c workforce housing early
25 � Themanagement entity or the ��, ���rr� ��
26 evacuation units shall be required to annually verify the employment and income
27 eligibility of tenants; report the total units on the site,the occupancy rates of units, and
28 tenant compliance with the requirement to evacuate the units in Phase I of an
29 evacuation, including the number of occupants that are exempt from the evacuation
30 requirements. The property management entity must submit a report to the Planning
31 and Environmental Resources Department by May 1 of each year. Further, each lease
32 and this annual report shall be kept by the property manager and be available for
33 inspection by the County during traditional working hours.
�TM 34 ( ) Aflbr d iNc Wyyorkforce housing early evacuation units shall be located within an
d„
35 area designated as Tier III.
36 Q,
... dd��rc iNc Wvyorkforce housing early evacuation units shall not be located in the
TM A .... ..
37 V-Zone or within a Coastal Barrier Resource System (CBRS).
c : yorkforce housing early evacuation units shall be located on a
39 property which has all infrastructure available (potable water, adequate wastewater
40 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.).
41 (��) All ffforcliNc workforce housing early evacuation units must demonstrate
42 compliance with all applicable federal standards for accessibility for persons with
43 disabilities (ADA Compliance).
44 (9ij) To the greatest extent practicable, a development utilizing fffo;cfl�iNc workforce
45 housing early evacuation unit u H cl u g dig mdt allocations shall incorporate sustainable
46 and resilient design principles into the overall site design and be accessible to
47 employment centers in Key West, Stock Island and Marathon.
BOCC 12.11.2024
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3733
I GOAL 601
2 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
3 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
4 population based on type, tenure characteristics, unit size and individual preferences.
5
6 Objective 601.1
7 To ensure that affordable housing opportunities are available throughout the entire community
8 and to maintain a balanced and sustainable local economy and the provision of essential
9 services, Monroe County shall implement the following defined policies to reduce estimated
10 affordable housing need for its workforce and households in the very low, low, median and
11 moderate income classifications. [F.S. § 163.3177(6)(f)l.]
12
13 Policy 601.1.1
14 Monroe County shall maintain land development regulations, in conjunction with the
15 Permit Allocation System, for apportioning future affordable housing development.
16
17 Policy 601.1.2
18 Monroe County shall continue its participation in Federal and State housing assistance
19 programs to rehabilitate owner and rental housing for very low, low, median, and
20 moderate income residents by seeking grants, loans, and technical assistance in
21 conjunction with the Monroe County Housing Authority. Monroe County shall also
22 participate, as appropriate, in FEMA Hazard Mitigation Grant Program (HMGP), Flood
23 Mitigation Assistance (FMA) Program and Community Development Block Grant -
24 Disaster Recovery (CDBG-DR) grant programs to support the completion of flood
25 mitigation projects, such as the elevation of homes above base flood level to reduce the
26 risk of future flood damage. [F.S. § 163.3177(6)(f)3.]
27
28 Policy 601.1.3
29 The Monroe County Land Authority shall maintain a list of buildable properties owned
30 or targeted for acquisition by the Land Authority which potentially could be donated or
31 made available for affordable housing. This list will be updated annually and made
32 available to the public. The guidelines established in Policies 601.1.10 and 601.1.11 shall
33 be considered in the formulation of this list.
34
35 Policy 601.1.4
36 All affordable housing projects which receive development benefits from Monroe
37 County, including but not limited to ROGO allocation award(s) reserved for affordable
38 housing, maximum net density, or donations of land, shall be required to maintain the
39 project as affordable for a period of 99 years pursuant to deed restrictions or other
40 mechanisms specified in the Land Development Code, and administered by Monroe
41 County or the Monroe County Housing Authority.
42
43 Policy 601.1.5
44 If Monroe County funding or County-donated land is to be used for any affordable
45 housing project, alternative sites shall be assessed according to the following guidelines:
46 1. The location of endangered species habitat. Sites within known, probable, or
47 potentially suitable threatened or endangered species habitat shall be avoided.
BOCC 12.11.2024
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3734
1 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
2 be determined according to the ranking specified in the Environmental Design
3 Criteria section of the Land Development Code. Disturbed sites shall be selected,
4 unless no feasible alternative is available.
5 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
6 avoided.
7 4. The level of service provided in the vicinity for all public facilities. Areas which are
8 at or near capacity for one or more public facility should be avoided.
9 5. Proximity to employment and retail centers. Sites within five miles of employment
10 and retail centers shall be preferred.
11
12 Policy 601.1.6
13 Monroe County shall identify funding sources that could be made available to support
14 community-based non-profit organizations such as Habitat for Humanity in their efforts
15 to provide adequate affordable housing.
16
17 Policy 601.1.7
18 Monroe County shall continue to participate in the State Housing Incentives Partnership
19 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
20 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
21 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
22 County Affordable Housing Advisory Committee.
23
24 Policy 601.1.8
25 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
26 established by the State of Florida, pursuant to Administration Commission Rules, to
27 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
28 this separate allocation must meet the criteria established in the Land Development Code.
29 Monroe County may award 300 additional building permit allocations designated as
30 ��,d f arc iNc workforce housing early evacuation units pursuant to the Workforce-
31 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
32 Florida Administration Commission Oi,1 21� "G97.w Ho u(11„ and the Florida
crc� . These ��uV�flu �.
33 Department 6c��u��� ��.uc ��q����������fi�����.��.�"� �)d"�' �����ac�u�„ allocations are
34 in addition to the maximum allocations identified in Rules 28-20, F.A.C., are restricted
35 to rental occupancy for those who derive at least 70% of their income as members of the
36 workforce in Monroe County and who meet the affordable housing income categories of
37 the Monroe County Land Development Code, and shall be required to evacuate in Phase
38 1 of the 48-hr evacuation of a pending major hurricane.
39
40 Policy 601.1.9
41 Monroe County shall maintain land development regulations which may include density
42 bonuses, impact fee waiver programs, and other possible regulations to encourage
43 affordable housing.
44
45 Policy 601.1.10
46 The Land Authority may acquire land for affordable housing projects if they are deemed
47 appropriate and acceptable by the Land Authority as meeting the intent of:
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3735
I 1. the affordable housing provisions in the Land Authority's enabling legislation;
2 2. the goals, objectives and policies of this Plan; and
3 3. the land use designations specified on the Future Land Use Map and in the Monroe
4 County Land Development Regulations.
5
6 Policy 601.1.11
7 The Land Authority shall not list or acquire vacant lands as potential affordable housing
8 sites if the lands exhibit any of the following characteristics:
9 1. Any portion of the land lies within a known, probable, or potentially suitable
10 threatened or endangered species habitat.
11 2. The land has a Tier designation other than Tier III.
12 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
13
14 Policy 601.1.12
15 Monroe County shall annually monitor the eligibility of the occupants of housing units
16 which have received special benefits, including but not limited to those issued under the
17 affordable housing provisions specified in the Land Development Code or those issued
18 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
19 specified in the Plan and in the Land Development Code, and their eligibility period has
20 not expired, then Monroe County may take any one or a combination of the following
21 actions:
22 1. require the payment of impact fees, if they were waived;
23 2. proceed with remedial actions through the Department of Code Compliance, as a
24 violation of the Monroe County Code;
25 3. take civil court action as authorized by statute, common law, or via agreement
26 between an applicant and the County; and/or
27 4. require the sale or rental of the unit(s)to eligible occupants.
28
29 Policy 601.1.13
30 Monroe County shall maintain land development regulations on inclusionary housing for
31 both residential and nonresidential and transient development and redevelopment.
32
33 Objective 601.2
34 Monroe County shall adopt programs and policies to encourage housing of various types, sizes
35 and price ranges to meet the demands of current and future residents [F.S. § 163.3177(6)(f)l.,
36 3.].
37
38 Policy 601.2.1
39 Public-private partnerships shall be encouraged to improve coordination among
40 participants involved in housing production. In these efforts, the County will establish a
41 comprehensive central depository for housing information located at the Monroe County
42 Housing Authority and Growth Management Division for the coordination and
43 cooperation among public and private agencies which collect and use housing data.
44
45
46
47
BOCC 12.11.2024
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3736
I Objective 601.3
2 Monroe County shall continue implementation efforts to eliminate substandard housing and to
3 preserve, conserve and enhance the existing housing stock, including historic structures and
4 sites. [F.S. § 163.3177(6)(f)l., 3.]
5
6 Policy 601.3.1
7 Monroe County shall coordinate with other County agencies to monitor housing
8 conditions. Standards for evaluation of the structural condition of the housing stock are
9 summarized below:
10 Sound: Most housing units in this category are in good condition and have no visible
11 defects. However, some structures with slight defects are also included.
12
13 Deteriorating: A housing unit in this category needs more repair than would be
14 provided in the course of regular maintenance, such as repainting. A housing unit is
15 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
16
17 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
18 no longer provide safe and adequate shelter or is of inadequate original construction
19 including being constructed below the minimum required elevation by FEMA or the
20 County's Floodplain Regulations.
21
22 Policy 601.3.2
23 The County Code Compliance Office and Building Department will enforce building
24 code regulations and County ordinances governing the structural condition of the housing
25 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
26 residential neighborhoods.
27
28 Policy 601.3.3
29 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
30 Development (HUD) rental rehabilitation programs by the Monroe County Housing
31 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
32 increased private reinvestment in housing by providing information, technical assistance
33 in applications for federal and State funding, or provide local public funds for
34 rehabilitation purposes.
35
36 Policy 601.3.4
37 Monroe County shall encourage identification and improvement of historically
38 significant housing through the coordination of public information programs defining
39 benefits and improvement funding sources.
40
41 Objective 601.4
42 Monroe County shall maintain land development regulations which allow group homes and
43 foster care facilities licensed or funded by the Florida Department of Health(DOH), as well as
44 subsidized housing for elderly residents of the County, to be located in residential areas as
45 appropriate.
46
47
BOCC 12.11.2024
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3737
I Policy 601.4.1
2 Monroe County shall maintain land development regulations which permit group homes
3 and foster care facilities (homes of six or fewer residences which otherwise meet the
4 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or
5 funded by the DOH in all land use categories which permit residential development where
6 consistent with other goals, objectives, and policies of this Comprehensive Plan.
7
8 Policy 601.4.2
9 The County shall identify and evaluate alternative strategies to expand subsidized housing
10 programs for elderly residents of Monroe County through coordination with the Monroe
11 County Housing Authority, and encourage their development by private, community-
12 based non-profit, or public entities, as well as public/private partnerships.
13
14 Objective 601.5
15 The County shall provide uniform and equitable treatment for persons and businesses displaced
16 by state and local government programs, consistent with F.S. § 421.55.
17
18 Policy 601.5.1
19 Monroe County shall provide uniform and equitable treatment to persons displaced by
20 County programs and ensure the use of the uniform relocation standards for displaced
21 mobile home households within Section 723.083, F.S., (Governmental action affecting
22 removal of mobile home owners).
23
..................................................................................
24
25
26 Sec. 138-24. -Residential ROGO Allocations.
27 (a) Number of available annual residential ROGO allocations. The number of market rate
28 residential ROGO allocations available in each subarea of the unincorporated county and the
29 total number of affordable residential ROGO allocations and ffd"orcl c workforce housing
30 early evacuation unit allocations available countywide shall be as follows:
31
Number of D elling 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
A,fordable Dwelling Units
Very Low, Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
BOCC 12.11.2024
Draft Language Page 16 of 23
3738
1'1'o'iii dabj�;;°,Workforce Ijousi!iiag 300**
Eaiu°K Evacuatioiia Initiative
6 rorkforce housing early evacuation unit V)L6 g ig q���i allocations shall be distributed
on a first-come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing
the �u"uot�&VfVt. workforce housing early evacuation unit V)L uVguu g..p °u uup allocations are subject to the
provisions of Policy 101.3.12 and Section 138-24 e .
1
2
3
Annual Allocation
ROGO Year Workforce Affordable
Market Rate i1�p'mmI'llm I'llpllllmlt;. Housing
lava
In I'llitiative
July 13, 2013-July 12,2014 126 71
U: 61, L: 57, BPK/NNK 8
July 13, 2014-July 12,2015 126 71
U: 61, L: 57, BPK/NNK 8
July 13, 2015-July 12,2016 126
U: 61, L: 57, BPK/NNK 8
July 13, 2016-July 12,2017 126
U: 61, L: 57, BPK/NNK 8
N/A
July 13, 2017-July 12,2018 126
U: 61, L: 57, BPK/NNK 8 568 total AFH
126 126 (total available
July 13 2018-July 12 2019
U: 61, L: 57, BPK/NNK 8 immediately)
July 13, 2019-July 12,2020 126
U: 61, L: 57, BPK/NNK 8
July 13, 2020-July 12,2021 64
U: 31, L:29, BPK/NNK 4
July 13, 2021-July 12,2022 64
U: 31, L:29, BPK/NNK 4
July 13, 2022-July 12,2023 64
U: 31, L:29, BPK/NNK 4
July 13, 2023-July 12,2024 62 300**
U: 30, L:28, BPK/NNK 4
July 13, 2024-July 12,2025 62
U: 30, L:28, BPK/NNK 4
July 13, 2025-July 12,2026 62
U: 30, L:28, BPK/NNK 4
TOTAL 1,260 300** 710*
BOCC 12.11.2024
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3739
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** ff .V�Vc �g'\y)°orkforce housing early evacuation unit V)L uVcdauig...q��niuup allocations shall be distributed
b�°cd�: ..
on a first-come first-serve basis.Requests for dwelling units developed and/or deed-restricted utilizing the
workforce housing early evacuation unit allocations are subject to the provisions of Policy 101.3.12 and
Section 138-24(e).
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower rate of annual allocations for market rate
4 development to extend the allocation timeframe to 2026 without exceeding the total of 1,970
5 allocations. By July 12, 2023, if substantial financial support is provided by State and Federal
6 partners, the County may reevaluate the ROGO distribution allocation schedule and consider
7 an extended timeframe for the distribution of market rate allocations. If necessary, Monroe
8 County will request a Rule change from the Administration Commission to authorize an
9 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
� i �rrac d�12 allocations an ��d id;��c�i ..:.c. workforce housing early evacuation unit P..�..9....ch �����°..:�.�.... ........ ............
13 allocations shall be available for countywide allocation except for Big Pine Key and No
14 Name Key. The allocations for Big Pine Key and No Name Key shall be limited to
15 maximums established in Big Pine Key/No Name Key Livable CommuniKeys Plan,
16 Incidental Take Permit and Habitat 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:
20 a. Market rate residential ROGO allocations available in each subarea per quarter is equal
21 to the market rate residential ROGO allocations available in each subarea divided by
22 four.
23 b. Affordable housing residential ROGO for all four ROGO quarters, including the
24 allocations available for Big Pine Key, shall be made available at the beginning of
25 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
26 remaining affordable housing residential ROGO allocations shall be made available
27 for award.
g c,Ifl d�i�u��flu.t U�cL:!a q
28 c. l�dd�;�.dc��� c„ �g'\��°orkforce d�����-���4�^�e� .h��i�cuud���° cc��. �����u���:d. ��u��u....
29 allocations shall be made available at the beginning of the first quarter of ROGO year
30 July 13, 2021—July 12, 2022. All fdf„orcl�iWc worldo cc:... c�E�V....cc�Ic��,d°�ltwn ...:In��.�,
31 bud(.hmi ep rmit allocations shall be available for award, and shall be distributed on a
32 first-come first-serve basis. Requests for ffd orcl iWc workforce housing early
[1,(. Errjjq allocations shall
33 evacuation unit ��uV�flu � ?c
d � all require a reservation via BOCC
34 resolution.
35 (3)Ratio ofvery low income, low income, and median income allocations to moderate income
36 allocations. The Planning Commission may amend these proportions for affordable
37 housing during any ROGO quarter.
38 (4)Big Pine Key and No Name Key.
39 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
40 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
BOCC 12.11.2024
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3740
I Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
2 species, which may affect ROGO allocations under this article.
3 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
4 permit allocations that may be awarded in Tier I shall be no more than one (1) every
5 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
6 owner attempting to develop his property may be granted an allocation through the
7 ROGO process that may be used once that property owner obtains all required
8 permits and authorizations required under the Endangered Species Act and other
9 applicable federal and state laws. The allocation will remain valid so long as the
10 applicant diligently and in good faith continues to work with USFWS to conclude
11 the coordination and pick up a building permit.
12 (5)Limit on number ofallocation awards in Tier I.
13 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
14 be no more than one (1) every two (2)years.
15 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
16 more than three (3).
17 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
18 more than three (3).
19 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
20 138-26 for awarding of affordable ousmg allocations or fff rrciWc workforce...
21 � r housing early evacuation unit)b!;J W gg pg�qjt allocations,the BOCC may reserve
22 by resolution some or all of the available affordable housing allocations or available
23 ffforcliWc workforce 4i4i i6v.c IWi� sutig c lfly " I min b„iJklutig pg�rrqjt allocations for
24 award to certain sponsoring agencies or specific housing programs consistent with all other
25 requirements of this chapter. Building permits for these reserved allocations shall be picked
26 up within six months of the effective reservation date, unless otherwise authorized by the
27 BOCC in its resolution. The BOCC may, at its discretion,place conditions on any reservation
28 as it deems appropriate. These reservations may be authorized by the BOCC for:
29 (1) The county housing authority, nonprofit community development organizations,pursuant
30 to Section 139-1(e), and other public entities established to provide affordable housing
31 by entering into a memorandum of understanding with one or more of these agencies;
32 (2) Specific affordable or employee housing projects participating in a federal/state housing
33 financial assistance or tax credit program or receiving some form of direct financial
34 assistance from the county upon written request from the project sponsor and approved
35 by resolution of the BOCC;
36 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-
37 profit organizations above upon written request from the project sponsor and approved
38 by resolution of the BOCC;
39 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
40 procedures and guidelines as may be established from time to time by the BOCC;
41 (5) Specific affordable or employee housing projects by any entity, organization, or person,
42 contingent upon transfer of ownership of the underlying land for the affordable housing
43 project to the county, a not-for-profit community development organization, or any other
44 entity approved by the BOCC, upon written request from the project sponsor and
45 approved by resolution of the BOCC; or
BOCC 12.11.2024
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3741
1 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
2 workplace for the tenants of these projects,upon written request from the property owner
3 and approved by resolution of the BOCC; or-
4 (7) AlforcliNc W\yorkforce 4ii4 ,i4 ve housing_�,adl �YIcucltwtl projects, pursuant to Policy
5 101.3.12 and Section 138-24(e), that require occupants to evacuate in Phase I of the 48-
6 hr evacuation � ,Is rCg!JrC(1 atl CoalpL�L !!�uVc 11�,Itl flo y
7 109 2 4, are restricted to rental occupancy, and for those who derive at least 70% of their
8 income as members of the workforce in Monroe County and who meet the affordable
9 housing income categories of the Monroe County Land Development Code.
10 (c) Affordable housing allocation awards and eligibility.
11 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
12 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
13 of a ROGO year shall be made available for affordable housing for the next ROGO year.
14 (3) No affordable housing allocation shall be awarded to applicants located within a Tier 1
15 designated area, within a V-zone on the county's flood insurance rating map, or within a
16 Tier 111-A (special protection area) designated area.
17 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
18 housing ROGO allocations may be awarded to Tier I or Tier 111-A properties which
19 meet all of the following criteria:
20 a. The property contains an existing market rate dwelling unit that meets the criteria in
21 LDC Section 138-22(a) and is determined to be exempt from ROGO;
22 b. The proposed replacement affordable dwelling unit meets current Florida Building
23 Code and is not a mobile home;
24 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
25 99 years as affordable housing pursuant to the standards of the Land Development
26 Code;
27 d. The proposed site plan for the replacement affordable dwelling unit does not propose
28 any additional clearing of habitat; and
29 e. The structure is not proposed to be within a V-zone on the county's flood insurance
30 rating map.
31 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key. No
32 affordable housing allocation may be used on No Name Key.
33 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
34 unit unless such dwelling unit:
35 (1)Has a dwelling unit allocation award; or
36 (2)Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
37 vested pursuant to Section 13 8-22.
38 (e) ,�S E�'�,E,gable Workforce 11oti'd Evactiation Initiative allocation awards, eligibility
39 and requirements.
40 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new
41 allocation category to award 300 ffforcliNc workforce housing early evacuation unit building
42 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce
43 Initiative). The Workforce-Affordable Housing Initiative will require dwelling units
44 constructed and/ or deed restricted with ffforcliNc workforce housing early evacuation utjt
45 building permit allocations to evacuate occupants in Phase I of the 48-hr evacuation of a
46 pending major hurricane.
BOCC 12.11.2024
Draft Language Page 20 of 23
3742
1 (2)Dwelling units developed and/or deed restricted utilizing the dforcliNc workforce Wus�'tlg
2 early evacuation uti°tbuHcfitu�,- allocations are subject to the following:
3 a. Requests for dforcliNc workforce housing early evacuation unit allocations 14iMl be
4 wfly 14�1 d 14 d exe�itige 1�4,iP'oRIM-4 iml require
5 a reservation via BOCC resolution. The BOCC may, at its discretion, place conditions
6 on any reservation as it deems appropriate. Ple d dOCG �il'iy; �It its �hsef:etioff; e'\01�ltlgre
7
8 to pfiy'i�e (.Ieyedoj'wlefi� �Iml t1w1[')Fo14 seetoi, I'xi4tieFs �o aIleet flie Fe(tlffefflet4s
9
10 4s 4�VseFetVotf; ti[)pFoveflie exe�itiffge ol'exVm ff#4Iee l Fesd'FfeteEl t4,14(itil-4 WHS41#IH14S
11
12 M oeti4iwis iit*IeFflie XoFlil4ee to devedo[')�ilent timl flonpF44 see�oi,
13 13tiftilefS A��41g �() Meet flie flie -*()Ak)fee �Ilwls4lg eldy
14 M oeti4dwls:
15 �e , fetifflied flie coofftY 41 &iedI'Itlge A'�()414ee
16 Wils4l'a etidy eytieli ltiwl w14 tfl �e�ltiwls S�IM be bltllie('l timl llse(l 14 kitliFe
17 y ef!"e
to fesek�e 41
18rrrr err,.
19
: T O RHM4M H eoffs�4ene y -*�20 2 fli kiike 28 20:� 40(2)(I)); F A:G; flie M4�4(.Itible
21 Mk)em�wls fefilmed to flie CoIH4�' be 'Is Mk)em�wls 'Itlel
22 V add Mso be Fettimed �o flie oFi#41M M4'4rRltible Wlis4f# 41eo�lle eeltegof�y (Vel�'Y
23 41eoife AvH"r �iiodefite 41eo ile peo�*
24 V�1 e -VV ofli 1ofe e �1 o I I s i tlgr e s1 F1 Y eV ti e 1:�s1 ti on 1:�ti si I d oe ti4�o ti s gii i i st I-)e i i4� zeEl I-)si s e(.1 o ti
fleo�ife e4egof:Y of iSef Meoffle
25 flie ()Fig4IM 8 &
26
27 4,: Ael il u ti d stFm Av�e f e el,R1 e8 tic, 8etu off"i�tl 1i eti by flie col ffft!� gf.�l tl��tig flie ()-Vv tief 44'Fel
28 pFo[,)efty Fediel' 1�foaii flie ewft4llie(l ol, flie kti e 4, GFowfll (_ FE.htltiflee
29
30
31 11se aile�ltls flie 11se el )')eFty fll'l �Itl kleFk�e I befieI4
32
)eFty
nli: Av�o kl fli e
flie 11se (4flie Iffel,
33 itie cdl�
34 llmfitlgr ol'ti Feglibltofy tak4f# lit*IeFelffefl� bith'i Ilse etise
(13M eW Of flie k�eed Fe!"
35 b: Ple eofl!"'�File4�wl (441-vved.:d41tt Htl4s;flie Fekleved 'tfietk)tl
36
37 Feql4e 'q)pfwv M el I �1 eoWfllet be��h�eeii flie k0cc 'Itlel flie
38 �o 414eiMly e'\01�ltlgre flie Mloeti4iwls tiffil e0t4lffll e0fflj,)diHflee Wifll file.
39
40 J). All ffforcliNc workforce housing early evacuation units require a deed-restriction
41 ensuring:
42 1. Before any building permit may be issued for any structure, portion or phase of a
43 project subject to the Workforce Initiative, a restrictive covenant shall be approved
44 by the Planning Director and County Attorney and recorded in the Office of the
45 Clerk of the County to ensure compliance with the provision of this section running
46 in favor of the County and enforceable by the County and, if applicable, a
47 participating municipality. The following requirements shall apply to these
BOCC 12.11.2024
Draft Language Page 21 of 23
3743
I restrictive covenants:
2 i. The covenants for any workforce housing early evacuation units shall be
3 effective for 99 years.
4 ii. The covenants shall not commence running until a certificate of occupancy
5 has been issued by the Building Official for the dwelling unit or dwelling
6 units to which the covenant or covenants apply.
7 iii. For existing dwelling units that are deed-restricted as workforce housing
8 early evacuation units, the covenants shall commence running upon
9 recordation in the Official Records of Monroe County.
10 2. The covenants shall require that the ffd or„
c iNc workforce housing early evacuation
11 units to be restricted to rental occupancy for those who derive at least 70% of their
12 income as members of the workforce in Monroe County and who meet the
13 affordable housing income categories of the Monroe County Land Development
14 Code. The occupants are required to annually verify their employment and income
15 eligibility.
16 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation
17 of a pending major hurricane. Persons living in the workforce housing early
18 evacuation units who may be exempted from evacuation requirements are limited
19 to law enforcement, correctional and fire personnel, health care personnel, and
20 public employees with emergency management responsibilities. If there is an
21 occupant that indicates their employment is considered a`first-responder position'
22 and not included in the list of exemptions above, then the Planning Director shall
23 determine, in writing, whether the person may be exempted because of a
24 requirement to remain during an emergency. Any person claiming exemption
25 under this provision shall submit of an affidavit of qualification and faithfully
26 certify their status with the onsite property management.
27 4. The covenants shall require rental agreements which contain a separate disclosure
28 requiring rental occupants to acknowledge the existing restrictive covenant on the
29 unit requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to
30 adhere to the Phase 1 evacuation requirement could result in severe penalties,
31 including eviction, to the occupant.
32 5. The covenants shall require onsite property managers and a separate employment
33 disclosure requiring the maintenance of training in evacuation procedures and an
34 acknowledgement that failure to adhere to the Phase 1 evacuation requirement
35 could result in severe penalties, including termination.
orkforce housing early evacuation units shall be restricted to rental
37 occupancy for those who derive at least 70% of their income as members of the
38 workforce in Monroe County and who meet the affordable housing income categories
39 of the Monroe County Land Development Code. Workforce means individuals or
40 families who are gainfully employed supplying goods and/or services to Monroe
41 County residents or visitors.
orkforce housing early evacuation units shall require onsite property
43 management with property managers trained in evacuation procedures and required to
44 manage the evacuation of tenants in Phase I of an evacuation. During traditional
45 working hours,the property manager must be at an office within the workforce housing
46 early evacuation unit development subject property. Outside the traditional working
BOCC 12.11.2024
Draft Language Page 22 of 23
3744
I hours, the property manager must be available at all times to respond to evacuation
2 orders.
3 fe. The property management entity for the ffd orcl ilk.c workforce housing early evacuation
4 units shall be required to annually verify the employment and income eligibility of
5 tenants; report the total units on the site, the occupancy rates of units, and tenant
6 compliance with the requirement to evacuate the units in Phase I of an evacuation,
7 including the number of occupants that are exempt from the evacuation requirements.
8 The property management entity must submit a report to the Planning and
9 Environmental Resources Department by May I of each year. Further, each lease and
10 this annual report shall be kept by the property manager and be available for inspection
11 by the County during traditional working hours.
12 # orcl iN Wvyorkforce housing early evacuation units shall be located within an area
13 designated as Tier III.
14 i. A d fo..
rcl iN Wyorkforce housing early evacuation units shall not be located in the V-
15 Zone or within a Coastal Barrier Resource System (CBRS).
16 u:i, A d d orc�i c.
W\yorkforce housing early evacuation units shall be located on a property
17 which has all infrastructure available (potable water, adequate wastewater treatment
18 and disposal wastewater meeting adopted LOS,paved roads, etc.).
19 j�. All iI'forcl ibV c workforce housing early evacuation units must demonstrate compliance
20 with all applicable federal standards for accessibility for persons with disabilities(ADA
21 Compliance).
22 1� . To the greatest extent practicable, a development utilizing '11'for(I lNe workforce
23 housing early evacuation unit allocations shall incorporate sustainable and resilient
24 design principles into the overall site design and be accessible to employment centers
25 in Key West, Stock Island and Marathon.
BOCC 12.11.2024
Draft Language Page 23 of 23
3745
Proposed Amendment: deletions are shown in ; additions are shown in red
underline.
1
2 Objective 101.2
3 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
4 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
5 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
6 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
7 adopted between the County and all the municipalities and the State agencies.
8
9 Policy 101.2.1
10 Monroe County shall maintain a memorandum of understanding with the State Land
11 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
12 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
13 data and analysis, the input variables and assumptions, including regional considerations,
14 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
15 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
16 clearance times for the population of the Florida Keys.
17
18 Policy 101.2.2
19 Monroe County shall coordinate with all the municipalities, the State Land Planning
20 Agency and Division of Emergency Management to update the variables and assumptions
21 for the evacuation clearance time modeling and analyses of the build-out capacity of the
22 Florida Keys Area of Critical State Concern based upon the release of the decennial
23 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
24 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
25 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
26 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
27 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
28 of annual allocations for market rate development to extend the allocation timeframe to
29 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
30 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
31 hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation
32 modeling by the State Land Planning Agency and Division of Emergency Management;
33 and 3) a new or revised memorandum of understanding with the State Land Planning
34 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
35 Colony Beach and Layton (see Policy 101.2.1).
36
37 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
38 Monroe County shall establish a new allocation category to accept and award 300
39 affordable workforce housing early evacuation unit building permit allocations pursuant
40 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
41 These allocations are in addition to the maximum allocations identified in Rules 28-20,
42 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
43 major hurricane.
44
45
BOCC 12.11.2024
Draft Language Page 1 of 23
I Policy 101.2.3
2 The County will consider capital improvements based upon the need for improved
3 hurricane evacuation clearance times, including potential impacts from sea level rise to
4 the County's evacuation route. The County will coordinate with the FDOT, the state
5 agency which maintains U.S.1, to ensure transportation projects that maintain and
6 improve clearance times are prioritized.
7
8 Policy 101.2.4
9 In the event of a pending major hurricane (Category 35) Monroe County shall
10 implement the following staged/phased evacuation procedures to achieve and maintain
11 an overall 24-hour hurricane evacuation clearance time for the resident population.
12 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
13 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
14 vessels (transient and non-transient), military personnel, units approved; and deed
15 restricted as affordable workforce housing early evacuation units from the Florida
16 Keys shall be initiated. State parks and campgrounds should be closed at this time or
17 sooner and entry into the Florida Keys by non-residents should be strictly limited.
18 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
19 of mobile home residents, special needs residents, and hospital and nursing home
20 patients from the Keys shall be initiated.
21 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
22 evacuation of permanent residents by evacuation zone (described below) shall be
23 initiated. Existing evacuation zones are as follows:
24 a)Zone I -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
25 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
26 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
27 63)
28 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
29 63-106.5 and MM 1-9.5 of CR 905)
30 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
31
32 The actual sequence of the evacuation by zones will vary depending on the individual
33 storm. The concepts embodied in this staged evacuation procedures should be embodied
34 in the appropriate County operational Emergency Management Plans.
35
36 The evacuation plan shall be monitored and updated on an annual basis to reflect
37 increases, decreases and or shifts in population;particularly the resident and non-resident
38 populations.
39
40 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
41 of allocations to more than 197 residential units a year, except for affordable housing.
42 Any increase in the number of allocations shall be for affordable housing. Monroe County
43 hereby accepts 300 affordable workforce housing early evacuation unit
44 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
45 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
46 Commission, Chapter 2023-17, Laws of Floridag and the Florida Department Reoffoff*
47 tuffity of' Commerce. These early evacuation allocations are in addition to the
BOCC 12.11.2024
Draft Language Page 2 of 23
1 maximum allocations identified in Rules 28-20, F.A.C., and shall be restricted to rental
2 occupancy for those who derive at least 70%of their income as members of the workforce
3 in Monroe County and who meet the affordable housing income categories of the Monroe
4 County Land Development Code. The early evacuation allocations shall be required to
5 evacuate in Phase 1 of the 48-hr evacuation arovided in Polio 101.2.4 ef-tt
6 fi+ No new additional residential dwelling unit allocations shall be
7 authorized within the Phase 1 of the 48-hr evacuation unless approved and provided by
8 the Florida Administration Commission and the Florida Department � e
9 -y of Commerce after review of hurricane evacuation modeling results by the
10 State Land Planning Agency and the Division of Emergency Management of available
11 evacuation capacity and a review of the level of service and available capacity for all
12 public facilities.
13
14 Objective 101.3
15 Monroe County shall regulate new residential development based upon the finite carrying
16 capacity of the natural and man-made systems and the growth capacity while maintaining a
17 maximum hurricane evacuation clearance time of 24 hours.
18
19 Policy 101.3.1
20 Monroe County shall maintain a Permit Allocation System for new residential
21 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
22 Permit Allocation System shall limit the number of permits issued for new residential
23 dwelling units. The ROGO allocation system shall apply within the unincorporated area
24 of the county, excluding areas within the county mainland and within the Ocean Reef
25 planned development (Future development in the Ocean Reef planned development is
26 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
27 recognized and issued by the Department of Community Affairs). New residential
28 dwelling units included in the ROGO allocation system include the following: affordable
29 housing units; market rate dwelling units; mobile homes; institutional residential units
30 (except hospital rooms) and affordable workforce housing early evacuation units.
31
32 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
33 a distinct location, and therefore cannot be accounted for in the County's hurricane
34 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
35 or associated wet slips be transferred upland or converted to a dwelling unit of any other
36 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
37 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
38 Exemption).
39
40 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
41 units; and seasonal residential units are subject to Policy 101.3.5.
42
43 For purposes of this Policy,the redevelopment or replacement of any lawfully established
44 unit within the Venture out community, which is located in the Lower Keys at MM23 on
45 Cudjoe Key, that does not increase the number of units, above that which existed on or
46 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
47 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
BOCC 12.11.2024
Draft Language Page 3 of 23
1 Out may be developed as either detached dwelling, mobile home or recreational vehicle
2 use through the approval of a building permit, provided the following are met:
3 1. To not increase the hurricane evacuation clearance time of permanent
4 residents, in the event of a pending major hurricane (Category 35), a
5 mandatory evacuation of all occupants of units within Venture Out,regardless
6 of unit type, is required at least 48 hours in advance of tropical storm winds.
7 Approximately 48 hours in advance of tropical storm winds, a mandatory
8 evacuation of occupants residing in a permanent unit shall be initiated and a
9 mandatory evacuation of both the occupants of recreational vehicles (RVs)
10 and the RVs shall be initiated;
11 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
12 detached dwelling (permanent), mobile home (permanent) and recreational
13 vehicles (transient) uses may occur only within the gated Venture Out
14 community with a managing entity responsible for evacuation;
15 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
16 prohibited;
17 4. Recreational Vehicles must meet all land development regulations, floodplain
18 management regulations and any building code requirements for recreational
19 vehicles;
20 5. A recreational vehicle must have current licenses required for highway travel,
21 be attached to the site only by the quick disconnect-type utilities, and no
22 permanent additions such as sun rooms or state rooms shall be permitted;
23 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
24 regardless of use type,within the Venture Out community may be transferred
25 to another site outside of the Venture Out community; and
26 7. In no case shall recreational vehicles (transient units) be developed as a
27 hotel/motel.
28
29
30 Policy 101.3.2
31 The number of permits issued for residential dwelling units under the Rate of Growth
32 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
33 2013 through July 12, 2026,plus any available unused ROGO allocations from a previous
34 ROGO year and 300 affordable workforce housing early evacuation unit building permit
35 allocations authorized by the Florida Administration Commission, Chapter 2023-17,
36 Laws of Florida. and the Florida Department = of Commerce. A
37 ROGO year means the twelve-month period beginning on July 13.Market rate allocations
38 shall not to exceed 126 residential units per year. Unused allocations for market rate shall
39 be available for Administrative Relief.
40
41 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of
42 of Commerce completed the hurricane evacuation clearance time modeling task and
43 found that with 10 years' worth of building permits, the Florida Keys would be at a 24
44 hour evacuation clearance time. This creates challenges for State of Florida and Monroe
45 County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260
46 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new
47 allocations this may result in a balance of 6,198 privately held vacant parcels at risk of
BOCC 12.11.2024
Draft Language Page 4 of 23
1 not obtaining permits in the future. In recognition of the possibility that the inventory of
2 vacant parcels exceeds the total number of allocations which the State will allow the
3 County to award, the County adopted a slower rate of annual allocations for market rate
4 development to extend the allocation timeframe to 2026 and is accepting 300 affordable
5 workforce(affefdt&1e)housing early evacuation unit building permit allocations pursuant
6 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
7 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of
8 Florida« and the Florida Department its of Commerce, These
9 affordable workforce housing early evacuation allocations that are in addition to the
10 maximum building permit allocations identified in Rules 28-20, F.A.C. The County will
11 consider adopting an extended timeframe for distribution of the ROGO allocations
12 through 2033 with committed financial support from its State and Federal partners. This
13 timeframe can provide a safety net to the County and provide additional time to
14 implement land acquisition and other strategies to reduce the demand for ROGO
15 allocations and help transition land into public ownership.
16
17 The County is actively engaged in acquisitions and is requesting its State and Federal
18 partners for assistance with implementing land acquisitions in Monroe County. The
19 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
20 substantial financial support is provided by July 12, 2023, the County will reevaluate the
21 ROGO distribution allocation schedule and consider an extended timeframe for the
22 distribution of market rate allocations (through a comprehensive plan amendment).
23 Further, the State and County shall develop a mutually agreeable position defending
24 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
25 cases, with the State having an active role both directly and financially in the defense of
26 such cases.
27
28 The County shall distribute ROGO allocations by ROGO year, as provided in the table
29 below.
30
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing Early
Housing Evacuation Initiative
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
July 13, 2017—July 12, 2018 126 568 total AFH N/A
(total available
July 13, 2018—July 12, 2019 126
immediately)
July 13, 2019—July 12, 2020 126
July 13, 2020—July 12, 2021 64
BOCC 12.11.2024
Draft Language Page 5 of 23
July 13, 2021—July 12, 2022 64
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affordable Workforce housing early evacuation unit barldin, permit allocations shall be
available countywide (unincorporated county) and distributed on a first-come first-serve basis.
Requests for dwelling units developed and/or deed-restricted utilizing the affordable workforce
housing early evacuation unit buildinpermit allocations are subject 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 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be
8 established by the State of Florida, pursuant to Administration Commission Rules, to
9 affordable housing units as part of ROGO. Any portion of the allocations not used for
10 affordable housing shall be retained and be made available for affordable housing from
11 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
12 affordable workforce housing early evacuation units shall meet the criteria specified in
13 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
14 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
15 parcel proposed for affordable housing or affordable workforce housing early evacuation
16 units shall not be located within an area designated as Tier I as set forth under Goal 105
17 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
18
19 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
20 ROGO allocations may be awarded to Tier I or Tier 111-A properties which meet all of
21 the following criteria:
22 1. The property contains an existing market rate dwelling unit that meets the criteria in
23 LDC Section 138-22(a) and is determined to be exempt from ROGO;
24 2. The proposed replacement affordable dwelling unit meets current Florida Building
25 Code and is not a mobile home;
26 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
27 99 years as affordable housing pursuant to the standards of the Land Development
28 Code; and
29 4. The proposed site plan for the replacement affordable dwelling unit does not propose
30 any additional clearing of habitat.
31
32
BOCC 12.11.2024
Draft Language Page 6 of 23
1 Policy 101.3.4
2 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
3 development shall specify procedures for:
4 1. establishing the annual number of ems-allocations for new residential units to be
5 issued during the next ROGO year based upon, but not limited to the following:
6 a. expired allocations and building permits in previous year;
7 b. allocations available, but not allocated in previous year;
8 c. number of allocations borrowed from future quarters;
9 d. vested allocations;
10 e. modifications required or provided by Administration Commission Rules;
11 f. modifications required or provided by this plan or agreement pursuant to Chapter
12 380, Florida Statutes; and
13 g. receipt or transfer of affordable housing allocations by intergovernmental
14 agreement; and
15 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
16 Clearance Time Memorandum of Understanding.
17 2. allocation of affordable housing, affordable workforce housing early evacuation units
18 building permit allocations and market rate housing units in accordance with Policies
19 101.3.2 and 101.3.3; and
20 3. timing of the acceptance of applications, evaluation and scoring of applications, and
21 issuance of permits for new residential development during the calendar year.
22
23 Policy 101.3.5
24 Due to the limited number of allocations and the State's requirement that the County
25 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
26 shall prohibit new transient residential allocations for hotel or motel rooms, campground
27 spaces, or spaces for parking a recreational vehicle or travel trailer until July 2026.
28 Lawfully established transient units shall be entitled to one unit for each type of unit in
29 existence before January 4, 1996, for use as a ROGO exemption.
30
31 Policy 101.3.6
32 All public and institutional uses (except hospital rooms) that predominately serve the
33 County's non-transient population and which house temporary residents shall be subject
34 to the Permit Allocation System for residential development, except upon factual
35 demonstration that such transient occupancy is of such a nature so as not to adversely
36 impact the hurricane evacuation clearance time of Monroe County.
37
38
39
40 Policy 101.3.9
41 For those ROGO applications and properties which have not received a ROGO award for
42 four consecutive years and have applied for administrative relief, which are designated
43 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
44 for such is available. Refusal of the purchase offer shall not be grounds for granting a
45 ROGO award.
46
47
BOCC 12.11.2024
Draft Language Page 7 of 23
1 Policy 101.3.10
2 Notwithstanding any other provision of the Plano, except the last sentence of this Policy
3 101.3.10,building allocations utilized for affordable housing projects may be pooled and
4 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
5 subarea, and between local government jurisdictions within the Florida Keys Area of
6 Critical State Concern (ACSC). Any such transfer of affordable housing allocations
7 between local government jurisdictions must be accomplished through an interlocal
8 agreement between the sending and receiving local governments. Interlocal agreements
9 that involve assigning the County's affordable housing (not including affordable housing
10 allocations banked for takings cases) allocations to existing dwelling units within a
11 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
12 be transferred into the unincorporated County as an exchange for the affordable housing
13 allocations transferred to the municipality, shall be accomplished through a minor
14 conditional use permit approval and shall be subject to the receiver site criteria in Policy
15 101.6.8 and may be transferred to any subarea within the unincorporated County. In no
16 event shall the County (1) pool and transfer affordable workforce housing early
17 evacuation unit building-2ermit allocations between ROGO sub-areas, (2) transfer
18 affordable workforce housing early evacuation unit building Bermit allocations to another
19 government jurisdiction, (3) receive affordable workforce housing early evacuation unit
20 building permit allocations from another government jurisdiction, or (4) transfer
21 affordable housing ROGO allocations received by the County in exchange for workforce
22 housing early evacuation unit allocations to another government jurisdiction.
23
24
25 Policy 101.3.11
26 Monroe County may receive additional building permit allocations pursuant to the 2012
27 completed hurricane evacuation clearance time modeling and allocation
28 recommendations by the State Land Planning Agency and the Administration
29 Commission's direction that the City of Key West \ transfer annually (by July 15th) any
30 remaining unused allocations for that year to the other Florida Keys' local governments
31 based upon the local governments' ratio of vacant land. Any transferred allocations from
32 the City of Key West to Monroe County shall be made available for Administrative
33 Relief. Monroe County may receive, and award 300 building permit allocations
34 designated as affordable workforce housing early evacuation units pursuant to the
35 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
36 provided by the Florida Administration Commission and the Florida Department
37 of Commerce. These early evacuation allocations that are in
38 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
39 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
40
41 Policy 101.3.12
42 Affordable Workforce Initiative. To support Monroe
43 County's workforce by alleviating constraints on affordable housing, to protect private
44 property rights and address potential liability, the County is participating in the
45 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
46 June 13, 2018 meeting of the Florida Administration Commission. Monroe County
47 accepts the 300 affordable workforce housing early evacuation building permit
BOCC 12.11.2024
Draft Language Page 8 of 23
1 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
2 Florida Administration Commission, Chapter 2023-17, L,aws of Florida and the Florida
3 Department rim Oppe y--of Commerce. The Workforce-Affordable Housing
4 Initiative will require dwelling units constructed and/or deed restricted with workforce
5 housing early evacuation building permit allocations to evacuate occupants in Phase 1 of
6 the 48-hr evacuation of a pending major hurricane,pursuant to the criteria below.
7
8 To participate in the Workforce Initiative, Monroe County shall be responsible for the
9 management, distribution, and enforcement of requirements associated with the
10 affordable workforce housing early evacuation building permit allocations. Monroe
11 County shall ensure adherence to these requirements through implementation of this
12 policy and shall annually provide to the Florida Department cal`
13 Commerce a report indicating the number of affordable workforce housing early
14 evacuation units built and/or deed restricted, occupancy rates, and compliance with the
15 requirement to evacuate the units in Phase I of an evacuation. The annual report shall be
16 provided to the State in a timely manner such that the State may include the information
17 in the required Annual Report to the Florida Administration
18 Commission on the County's progress toward completion of its Work Program pursuant
19 to Rule 28-20, F.A.C.
20
21 Dwelling units developed and/or deed restricted utilizing the affordable workforce
22 housing early evacuation unit building-permit allocations are subject to the following:
23
24 (a) Requests for affordable workforce housing early evacuation unit buildin Ber it
25 allocations of ab
26 nd require a reservation via BOCC resolution. The BOCC
27 may, at its discretion, place conditions on any reservation as it deems appropriate.
28
29
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30
31
32
33
34
35
36
37
38 ,
39 etee-0
40 A t
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43
44
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BOCC 12.11.2024
Draft Language Page 9 of 23
1
2
3
4
5 i <4
6
7
8
'9
10
11
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14 (eh) All affordable workforce housing early evacuation units require a deed-
15 restriction ensuring:
16 (1) Before any building permit may be issued for any structure,portion or phase of
17 a project subject to the Workforce Initiative, a restrictive covenant shall be
18 approved by the Planning Director and County Attorney and recorded in the
19 Office of the Clerk of the County to ensure compliance with the provision of
20 this section running in favor of the County and enforceable by the County and,
21 if applicable, a participating municipality. The following requirements shall
22 apply to these restrictive covenants:
23 a. The covenants for any workforce housing early evacuation units shall be
24 effective for 99 years.
25 b. The covenants shall not commence running until a certificate of occupancy
26 has been issued by the Building Official for the dwelling unit or dwelling
27 units to which the covenant or covenants apply.
28 c. For existing dwelling units that are deed-restricted as workforce housing
29 early evacuation units, the covenants shall commence running upon
30 recordation in the Official Records of Monroe County.
31 (2) The covenants shall require that the workforce housing early evacuation units
32 to be restricted to rental occupancy for those who derive at least 70% of their
33 income as members of the workforce in Monroe County and who meet the
34 affordable housing income categories of the Monroe County Land
35 Development Code. The occupants are required to annually verify their
36 employment and income eligibility.
37 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
38 evacuation of a pending major hurricane. Persons living in the workforce
39 housing early evacuation units who may be exempted from evacuation
40 requirements are limited to law enforcement, correctional and fire personnel,
41 health care personnel, and public employees with emergency management
42 responsibilities. If there is an occupant that indicates their employment is
43 considered a`first-responder position' and not included in the list of exemptions
44 above, then the Planning Director shall determine, in writing, whether the
45 person may be exempted because of a requirement to remain during an
46 emergency. Any person claiming exemption under this provision shall submit
BOCC 12.11.2024
Draft Language Page 10 of 23
1 of an affidavit of qualification and faithfully certify their status with the onsite
2 property management.
3 (4) The covenants shall require rental agreements which contain a separate
4 disclosure requiring rental occupants to acknowledge the existing restrictive
5 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
6 and that failure to adhere to the Phase 1 evacuation requirement could result in
7 severe penalties, including eviction, to the occupant.
8 (5) The covenants shall require onsite property managers and a separate
9 employment disclosure requiring the maintenance of training in evacuation
10 procedures and an acknowledgement that failure to adhere to the Phase I
11 evacuation requirement could result in severe penalties, including termination.
12 (dlc) Affordable Wworkforce housing early evacuation units shall be restricted to rental
13 occupancy for those who derive at least 70% of their income as members of the
14 workforce in Monroe County and who meet the affordable housing income categories
15 of the Monroe County Land Development Code. Workforce means individuals or
16 families who are gainfully employed supplying goods and/or services to Monroe
17 County residents or visitors.
18 (ed)Affordable Wworkforce housing early evacuation units shall require onsite property
19 management with property managers trained in evacuation procedures and required to
20 manage the evacuation of tenants in Phase I of an evacuation. During traditional
21 working hours, the property manager must be at an office within the affordable
22 workforce housing early evacuation unit development subject property. Outside the
23 traditional working hours, the property manager must be available at all times to
24 respond to evacuation orders.
25 (fe) The property management entity for the affordable workforce housing early
26 evacuation units shall be required to annually verify the employment and income
27 eligibility of tenants;report the total units on the site, the occupancy rates of units, and
28 tenant compliance with the requirement to evacuate the units in Phase I of an
29 evacuation, including the number of occupants that are exempt from the evacuation
30 requirements. The property management entity must submit a report to the Planning
31 and Environmental Resources Department by May 1 of each year. Further, each lease
32 and this annual report shall be kept by the property manager and be available for
33 inspection by the County during traditional working hours.
34 (gt) Affordable -Wworkforce housing early evacuation units shall be located within an
35 area designated as Tier III.
36 (leg) Affordable Wworkforce housing early evacuation units shall not be located in the
37 V-Zone or within a Coastal Barrier Resource System (CBRS).
38 (ilk) Affordable Wworkforce housing early evacuation units shall be located on a
39 property which has all infrastructure available (potable water, adequate wastewater
40 treatment and disposal wastewater meeting adopted LOS, paved roads, etc.).
41 (ji) All affordable workforce housing early evacuation units must demonstrate
42 compliance with all applicable federal standards for accessibility for persons with
43 disabilities (ADA Compliance).
44 (kj) To the greatest extent practicable, a development utilizing affordable workforce
45 housing early evacuation unit building permit allocations shall incorporate sustainable
46 and resilient design principles into the overall site design and be accessible to
47 employment centers in Key West, Stock Island and Marathon.
BOCC 12.11.2024
Draft Language Page 11 of 23
1 GOAL 601
2 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
3 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
4 population based on type, tenure characteristics, unit size and individual preferences.
5
6 Objective 601.1
7 To ensure that affordable housing opportunities are available throughout the entire community
8 and to maintain a balanced and sustainable local economy and the provision of essential
9 services, Monroe County shall implement the following defined policies to reduce estimated
10 affordable housing need for its workforce and households in the very low, low, median and
11 moderate income classifications. [F.S. § 163.3177(6)(f)l.]
12
13 Policy 601.1.1
14 Monroe County shall maintain land development regulations, in conjunction with the
15 Permit Allocation System, for apportioning future affordable housing development.
16
17 Policy 601.1.2
18 Monroe County shall continue its participation in Federal and State housing assistance
19 programs to rehabilitate owner and rental housing for very low, low, median, and
20 moderate income residents by seeking grants, loans, and technical assistance in
21 conjunction with the Monroe County Housing Authority. Monroe County shall also
22 participate, as appropriate, in FEMA Hazard Mitigation Grant Program (HMGP), Flood
23 Mitigation Assistance (FMA) Program and Community Development Block Grant -
24 Disaster Recovery (CDBG-DR) grant programs to support the completion of flood
25 mitigation projects, such as the elevation of homes above base flood level to reduce the
26 risk of future flood damage. [F.S. § 163.3177(6)(f)3.]
27
28 Policy 601.1.3
29 The Monroe County Land Authority shall maintain a list of buildable properties owned
30 or targeted for acquisition by the Land Authority which potentially could be donated or
31 made available for affordable housing. This list will be updated annually and made
32 available to the public. The guidelines established in Policies 601.1.10 and 601.1.11 shall
33 be considered in the formulation of this list.
34
35 Policy 601.1.4
36 All affordable housing projects which receive development benefits from Monroe
37 County, including but not limited to ROGO allocation award(s) reserved for affordable
38 housing, maximum net density, or donations of land, shall be required to maintain the
39 project as affordable for a period of 99 years pursuant to deed restrictions or other
40 mechanisms specified in the Land Development Code, and administered by Monroe
41 County or the Monroe County Housing Authority.
42
43 Policy 601.1.5
44 If Monroe County funding or County-donated land is to be used for any affordable
45 housing project, alternative sites shall be assessed according to the following guidelines:
46 1. The location of endangered species habitat. Sites within known, probable, or
47 potentially suitable threatened or endangered species habitat shall be avoided.
BOCC 12.11.2024
Draft Language Page 12 of 23
1 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
2 be determined according to the ranking specified in the Environmental Design
3 Criteria section of the Land Development Code. Disturbed sites shall be selected,
4 unless no feasible alternative is available.
5 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
6 avoided.
7 4. The level of service provided in the vicinity for all public facilities. Areas which are
8 at or near capacity for one or more public facility should be avoided.
9 5. Proximity to employment and retail centers. Sites within five miles of employment
10 and retail centers shall be preferred.
11
12 Policy 601.1.6
13 Monroe County shall identify funding sources that could be made available to support
14 community-based non-profit organizations such as Habitat for Humanity in their efforts
15 to provide adequate affordable housing.
16
17 Policy 601.1.7
18 Monroe County shall continue to participate in the State Housing Incentives Partnership
19 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
20 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
21 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
22 County Affordable Housing Advisory Committee.
23
24 Policy 601.1.8
25 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
26 established by the State of Florida, pursuant to Administration Commission Rules, to
27 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
28 this separate allocation must meet the criteria established in the Land Development Code.
29 Monroe County may award 300 additional building permit allocations designated as
30 affordable workforce housing early evacuation units pursuant to the Workforce-
31 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
32 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the Florida
33 Department of Commerce. These builchng wit allocations are
34 in addition to the maximum allocations identified in Rules 28-20, F.A.C., are restricted
35 to rental occupancy for those who derive at least 70% of their income as members of the
36 workforce in Monroe County and who meet the affordable housing income categories of
37 the Monroe County Land Development Code, and shall be required to evacuate in Phase
38 1 of the 48-hr evacuation of a pending major hurricane.
39
40 Policy 601.1.9
41 Monroe County shall maintain land development regulations which may include density
42 bonuses, impact fee waiver programs, and other possible regulations to encourage
43 affordable housing.
44
45 Policy 601.1.10
46 The Land Authority may acquire land for affordable housing projects if they are deemed
47 appropriate and acceptable by the Land Authority as meeting the intent of:
BOCC 12.11.2024
Draft Language Page 13 of 23
1 1. the affordable housing provisions in the Land Authority's enabling legislation;
2 2. the goals, objectives and policies of this Plan; and
3 3. the land use designations specified on the Future Land Use Map and in the Monroe
4 County Land Development Regulations.
5
6 Policy 601.1.11
7 The Land Authority shall not list or acquire vacant lands as potential affordable housing
8 sites if the lands exhibit any of the following characteristics:
9 1. Any portion of the land lies within a known, probable, or potentially suitable
10 threatened or endangered species habitat.
11 2. The land has a Tier designation other than Tier III.
12 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
13
14 Policy 601.1.12
15 Monroe County shall annually monitor the eligibility of the occupants of housing units
16 which have received special benefits, including but not limited to those issued under the
17 affordable housing provisions specified in the Land Development Code or those issued
18 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
19 specified in the Plan and in the Land Development Code, and their eligibility period has
20 not expired, then Monroe County may take any one or a combination of the following
21 actions:
22 1. require the payment of impact fees, if they were waived;
23 2. proceed with remedial actions through the Department of Code Compliance, as a
24 violation of the Monroe County Code;
25 3. take civil court action as authorized by statute, common law, or via agreement
26 between an applicant and the County; and/or
27 4. require the sale or rental of the unit(s)to eligible occupants.
28
29 Policy 601.1.13
30 Monroe County shall maintain land development regulations on inclusionary housing for
31 both residential and nonresidential and transient development and redevelopment.
32
33 Objective 601.2
34 Monroe County shall adopt programs and policies to encourage housing of various types, sizes
35 and price ranges to meet the demands of current and future residents [F.S. § 163.3177(6)(f)l.,
36 3.].
37
38 Policy 601.2.1
39 Public-private partnerships shall be encouraged to improve coordination among
40 participants involved in housing production. In these efforts, the County will establish a
41 comprehensive central depository for housing information located at the Monroe County
42 Housing Authority and Growth Management Division for the coordination and
43 cooperation among public and private agencies which collect and use housing data.
44
45
46
47
BOCC 12.11.2024
Draft Language Page 14 of 23
1 Objective 601.3
2 Monroe County shall continue implementation efforts to eliminate substandard housing and to
3 preserve, conserve and enhance the existing housing stock, including historic structures and
4 sites. [F.S. § 163.3177(6)(f)l., 3.]
5
6 Policy 601.3.1
7 Monroe County shall coordinate with other County agencies to monitor housing
8 conditions. Standards for evaluation of the structural condition of the housing stock are
9 summarized below:
10 Sound: Most housing units in this category are in good condition and have no visible
11 defects. However, some structures with slight defects are also included.
12
13 Deteriorating: A housing unit in this category needs more repair than would be
14 provided in the course of regular maintenance, such as repainting. A housing unit is
15 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
16
17 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
18 no longer provide safe and adequate shelter or is of inadequate original construction
19 including being constructed below the minimum required elevation by FEMA or the
20 County's Floodplain Regulations.
21
22 Policy 601.3.2
23 The County Code Compliance Office and Building Department will enforce building
24 code regulations and County ordinances governing the structural condition of the housing
25 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
26 residential neighborhoods.
27
28 Policy 601.3.3
29 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
30 Development (HUD) rental rehabilitation programs by the Monroe County Housing
31 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
32 increased private reinvestment in housing by providing information, technical assistance
33 in applications for federal and State funding, or provide local public funds for
34 rehabilitation purposes.
35
36 Policy 601.3.4
37 Monroe County shall encourage identification and improvement of historically
38 significant housing through the coordination of public information programs defining
39 benefits and improvement funding sources.
40
41 Objective 601.4
42 Monroe County shall maintain land development regulations which allow group homes and
43 foster care facilities licensed or funded by the Florida Department of Health(DOH), as well as
44 subsidized housing for elderly residents of the County, to be located in residential areas as
45 appropriate.
46
47
BOCC 12.11.2024
Draft Language Page 15 of 23
1 Policy 601.4.1
2 Monroe County shall maintain land development regulations which permit group homes
3 and foster care facilities (homes of six or fewer residences which otherwise meet the
4 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a))licensed or
5 funded by the DOH in all land use categories which permit residential development where
6 consistent with other goals, objectives, and policies of this Comprehensive Plan.
7
8 Policy 601.4.2
9 The County shall identify and evaluate alternative strategies to expand subsidized housing
10 programs for elderly residents of Monroe County through coordination with the Monroe
11 County Housing Authority, and encourage their development by private, community-
12 based non-profit, or public entities, as well as public/private partnerships.
13
14 Objective 601.5
15 The County shall provide uniform and equitable treatment for persons and businesses displaced
16 by state and local government programs, consistent with F.S. § 421.55.
17
18 Policy 601.5.1
19 Monroe County shall provide uniform and equitable treatment to persons displaced by
20 County programs and ensure the use of the uniform relocation standards for displaced
21 mobile home households within Section 723.083, F.S., (Governmental action affecting
22 removal of mobile home owners).
23
............................................................................
24
25
26 Sec. 138-24. - Residential ROGO Allocations.
27 (a) Number of available annual residential ROGO allocations. The number of market rate
28 residential ROGO allocations available in each subarea of the unincorporated county and the
29 total number of affordable residential ROGO allocations and affordable workforce housing
30 early evacuation unit allocations available countywide shall be as follows:
31
Number of D elling 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
A.fordable Dwelling Units
Very Low,Low, and Median 360*
Incomes
Moderate Incomes 350*
*Includes one annually for Big Pine Key and No Name Key
BOCC 12.11.2024
Draft Language Page 16 of 23
Affordable Workforce Housing 300**
_LLarly Evacuation Initiative
**Affordable Wworkforce housing early evacuation unit buildingper it allocations shallbe distributed
on a first-come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing
the affordable workforce housing early evacuation unit building-permit allocations are subject to the
provisions of Policy 101.3.12 and Section 138-24(e).
1
2
3
Annual Allocation
Affordable
ROGO Year Workforce Affordable
Market Rate Housing Early Housing
Evacuation
Initiative
July 13, 2013-July 12,2014 126 71
U: 61, L: 57, BPK/NNK: 8
BPK/NNK:
July 13, 2014-July 12,2015 126 71
U: 61, L: 57, BPK/NNK: 8
July 13, 2015-July 12,2016 126
U: 61, L: 57, BPK/NNK: 8
July 13, 2016-July 12,2017 126
U: 61, L: 57,BPK/NNK: 8
N/A
July 13, 2017-July 12,2018 126
U: 61, L: 57, BPK/NNK: 8 568 total AFH
July 13, 2018-July 12,2019 126 126 (total available
U: 61, L: 57, BPK/NNK: 8 immediately)
July 13, 2019-July 12,2020 126
U: 61, L: 57, BPK/NNK: 8
July 13, 2020-July 12,2021 64
U: 31, L:29, BPK/NNK: 4
July 13, 2021-July 12,2022 64
U: 31, L:29, BPK/NNK: 4
July 13, 2022-July 12,2023 64
U: 31, L:29, BPK/NNK: 4
July 13, 2023-July 12,2024 62 300**
U: 30, L:28, BPK/NNK: 4
July 13, 2024-July 12, 2025 62
U: 30, L:28, BPK/NNK: 4
July 13, 2025-July 12, 2026 62
U: 30, L:28, BPK/NNK: 4
TOTAL 1,260 300** 710*
BOCC 12.11.2024
Draft Language Page 17 of 23
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** Affordable workforce housing early evacuation unit building permit allocations shall be distributed
on a first-come first-serve basis.Requests for dwelling units developed and/or deed-restricted utilizing the
workforce housing early evacuation unit allocations are subject to the provisions of Policy 101.3.12 and
Section 138-24(e).
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. The County adopted a slower rate of annual allocations for market rate
4 development to extend the allocation timeframe to 2026 without exceeding the total of 1,970
5 allocations. By July 12, 2023,if substantial financial support is provided by State and Federal
6 partners, the County may reevaluate the ROGO distribution allocation schedule and consider
7 an extended timeframe for the distribution of market rate allocations. If necessary, Monroe
8 County will request a Rule change from the Administration Commission to authorize an
9 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 affordable workforce housing early evacuation unit building aermit
13 allocations shall be available for countywide allocation except for Big Pine Key and No
14 Name Key. The allocations for Big Pine Key and No Name Key shall be limited to
15 maximums established in Big Pine Key/No Name Key Livable CommuniKeys Plan,
16 Incidental Take Permit and Habitat 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:
20 a. Market rate residential ROGO allocations available in each subarea per quarter is equal
21 to the market rate residential ROGO allocations available in each subarea divided by
22 four.
23 b. Affordable housing residential ROGO for all four ROGO quarters, including the
24 allocations available for Big Pine Key, shall be made available at the beginning of
25 the first quarter for a ROGO year. Beginning July 13, 2016, the balance of all
26 remaining affordable housing residential ROGO allocations shall be made available
27 for award.
28 c. Affordable -Wworkforce al housin p early evacuation unit building per it
29 allocations shall be made available at the beginning of the first quarter of ROGO year
30 July 13, 2021—July 12, 2022. All affordable workforce carp evacuation unit
31 building penuit allocations shall be available for award, and shall be distributed on a
32 first-come first-serve basis. Requests for affordable workforce housing early
33 evacuation unit building eser_m_it allocations shall require a reservation via BOCC
34 resolution.
35 (3)Ratio of very low income, low income, and median income allocations to moderate income
36 allocations. The Planning Commission may amend these proportions for affordable
37 housing during any ROGO quarter.
38 (4) Big Pine Key and No Name Key.
39 a. All allocation awards on Big Pine Key and No Name Key are subject to the provisions
40 of the Incidental Take Permit (ITP), the Habitat Conservation Plan (HCP) and
BOCC 12.11.2024
Draft Language Page 18 of 23
1 Livable CommuniKeys Plan (LCP) for the Florida Key Deer and other covered
2 species, which may affect ROGO allocations under this article.
3 b. In the Big Pine Key/No Name Key sub-area the annual maximum number of residential
4 permit allocations that may be awarded in Tier I shall be no more than one (1) every
5 2 years. Until the ITP, HCP, Biological Opinion, and LCP are amended, a property
6 owner attempting to develop his property may be granted an allocation through the
7 ROGO process that may be used once that property owner obtains all required
8 permits and authorizations required under the Endangered Species Act and other
9 applicable federal and state laws. The allocation will remain valid so long as the
10 applicant diligently and in good faith continues to work with USFWS to conclude
11 the coordination and pick up a building permit.
12 (5)Limit on number of allocation awards in Tier L
13 a. Big Pine Key/No Name Key subarea: The maximum ROGO allocations in Tier I shall
14 be no more than one (1) every two (2)years.
15 b. Upper Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
16 more than three (3).
17 c. Lower Keys subarea: The annual maximum ROGO allocations in Tier I shall be no
18 more than three (3).
19 (b) Reservation of affordable housing allocations. Notwithstanding the provisions of Section
20 138-26 for awarding of affordable housing allocations or affordable workforce
21 housing early evacuation unit)building permit allocations,the BOCC may reserve
22 by resolution some or all of the available affordable housing allocations or available
23 affordable workforce ifli6ftfiv-e housing early evacuation unit building hermit allocations for
24 award to certain sponsoring agencies or specific housing programs consistent with all other
25 requirements of this chapter. Building permits for these reserved allocations shall be picked
26 up within six months of the effective reservation date, unless otherwise authorized by the
27 BOCC in its resolution. The BOCC may, at its discretion, place conditions on any reservation
28 as it deems appropriate. These reservations may be authorized by the BOCC for:
29 (1) The county housing authority, nonprofit community development organizations, pursuant
30 to Section 139-1(e), and other public entities established to provide affordable housing
31 by entering into a memorandum of understanding with one or more of these agencies;
32 (2) Specific affordable or employee housing projects participating in a federal/state housing
33 financial assistance or tax credit program or receiving some form of direct financial
34 assistance from the county upon written request from the project sponsor and approved
35 by resolution of the BOCC;
36 (3) Specific affordable or employee housing projects sponsored by nongovernmental not-for-
37 profit organizations above upon written request from the project sponsor and approved
38 by resolution of the BOCC;
39 (4) Specific affordable or employee housing programs sponsored by the county pursuant to
40 procedures and guidelines as may be established from time to time by the BOCC;
41 (5) Specific affordable or employee housing projects by any entity, organization, or person,
42 contingent upon transfer of ownership of the underlying land for the affordable housing
43 project to the county, a not-for-profit community development organization, or any other
44 entity approved by the BOCC, upon written request from the project sponsor and
45 approved by resolution of the BOCC; or
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1 (6)Rental employee housing projects situated on the same parcel of land as the nonresidential
2 workplace for the tenants of these projects, upon written request from the property owner
3 and approved by resolution of the BOCC; or-
4 (7) Affordable workforce housing early evacuation projects, pursuant to Policy
5 101.3.12 and Section 138-24(e), that require occupants to evacuate in Phase 1 of the 48-
6 hr evacuation as required in Cmtarehensive Plan Policy
7 101.2.4, are restricted to rental occupancy, and for those who derive at least 70% of their
8 income as members of the workforce in Monroe County and who meet the affordable
9 housing income categories of the Monroe County Land Development Code.
10 (c) Affordable housing allocation awards and eligibility.
11 (1) The definition of affordable housing shall be as specified in Sections 101-1 and 139-1.
12 (2)Any portion of the affordable housing allocation not used for affordable housing at the end
13 of a ROGO year shall be made available for affordable housing for the next ROGO year.
14 (3) No affordable housing allocation shall be awarded to applicants located within a Tier I
15 designated area, within a V-zone on the county's flood insurance rating map, or within a
16 Tier III-A (special protection area) designated area.
17 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5), affordable
18 housing ROGO allocations may be awarded to Tier I or Tier III-A properties which
19 meet all of the following criteria:
20 a. The property contains an existing market rate dwelling unit that meets the criteria in
21 LDC Section 138-22(a) and is determined to be exempt from ROGO;
22 b. The proposed replacement affordable dwelling unit meets current Florida Building
23 Code and is not a mobile home;
24 c. The proposed replacement dwelling unit shall be deed restricted for a period of at least
25 99 years as affordable housing pursuant to the standards of the Land Development
26 Code;
27 d. The proposed site plan for the replacement affordable dwelling unit does not propose
28 any additional clearing of habitat; and
29 e. The structure is not proposed to be within a V-zone on the county's flood insurance
30 rating map.
31 (4) Only affordable housing allocations for Big Pine Key may be used on Big Pine Key.No
32 affordable housing allocation may be used on No Name Key.
33 (d) Dwelling unit allocation required. The county shall issue no building permit for a dwelling
34 unit unless such dwelling unit:
35 (1) Has a dwelling unit allocation award; or
36 (2) Is exempted from the dwelling unit allocation system pursuant to this chapter or is deemed
37 vested pursuant to Section 138-22.
38 (e) Affordable Workforce Housing Early Evacuation Initiative allocation awards, eligibility
39 and requirements.
40 (1) Pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe County establishes a new
41 allocation category to award 300 affordable workforce housing early evacuation unit building
42 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce
43 Initiative). The Workforce-Affordable Housing Initiative will require dwelling units
44 constructed and/ or deed restricted with affordable workforce housing early evacuation unit
45 building permit allocations to evacuate occupants in Phase 1 of the 48-hr evacuation of a
46 pending major hurricane.
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1 (2)Dwelling units developed and/or deed restricted utilizing the affordable workforce housin
2 early evacuation unit building permit allocations are subject to the following:
3 a. Requests for affordable workforce housing early evacuation unit allocations rl
4 require
5 a reservation via BOCC resolution. The BOCC may, at its discretion,place conditions
6 on any reservation as it deems appropriate. , ieffTe*eha
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40 eb. All affordable workforce housing early evacuation units require a deed-restriction
41 ensuring:
42 1. Before any building permit may be issued for any structure, portion or phase of a
43 project subject to the Workforce Initiative, a restrictive covenant shall be approved
44 by the Planning Director and County Attorney and recorded in the Office of the
45 Clerk of the County to ensure compliance with the provision of this section running
46 in favor of the County and enforceable by the County and, if applicable, a
47 participating municipality. The following requirements shall apply to these
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1 restrictive covenants:
2 i. The covenants for any workforce housing early evacuation units shall be
3 effective for 99 years.
4 ii. The covenants shall not commence running until a certificate of occupancy
5 has been issued by the Building Official for the dwelling unit or dwelling
6 units to which the covenant or covenants apply.
7 iii. For existing dwelling units that are deed-restricted as workforce housing
8 early evacuation units, the covenants shall commence running upon
9 recordation in the Official Records of Monroe County.
10 2. The covenants shall require that the affordable workforce housing early evacuation
11 units to be restricted to rental occupancy for those who derive at least 70% of their
12 income as members of the workforce in Monroe County and who meet the
13 affordable housing income categories of the Monroe County Land Development
14 Code. The occupants are required to annually verify their employment and income
15 eligibility.
16 3. The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation
17 of a pending major hurricane. Persons living in the workforce housing early
18 evacuation units who may be exempted from evacuation requirements are limited
19 to law enforcement, correctional and fire personnel, health care personnel, and
20 public employees with emergency management responsibilities. If there is an
21 occupant that indicates their employment is considered a`first-responder position'
22 and not included in the list of exemptions above, then the Planning Director shall
23 determine, in writing, whether the person may be exempted because of a
24 requirement to remain during an emergency. Any person claiming exemption
25 under this provision shall submit of an affidavit of qualification and faithfully
26 certify their status with the onsite property management.
27 4. The covenants shall require rental agreements which contain a separate disclosure
28 requiring rental occupants to acknowledge the existing restrictive covenant on the
29 unit requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to
30 adhere to the Phase 1 evacuation requirement could result in severe penalties,
31 including eviction, to the occupant.
32 5. The covenants shall require onsite property managers and a separate employment
33 disclosure requiring the maintenance of training in evacuation procedures and an
34 acknowledgement that failure to adhere to the Phase 1 evacuation requirement
35 could result in severe penalties, including termination.
36 dc. Affordable Wworkforce housing early evacuation units shall be restricted to rental
37 occupancy for those who derive at least 70% of their income as members of the
38 workforce in Monroe County and who meet the affordable housing income categories
39 of the Monroe County Land Development Code. Workforce means individuals or
40 families who are gainfully employed supplying goods and/or services to Monroe
41 County residents or visitors.
42 ed. Affordable workforce housing early evacuation units shall require onsite property
43 _management with property managers trained in evacuation procedures and required to
44 manage the evacuation of tenants in Phase I of an evacuation. During traditional
45 working hours,the property manager must be at an office within the workforce housing
46 early evacuation unit development subject property. Outside the traditional working
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I hours, the property manager must be available at all times to respond to evacuation
2 orders.
3 €e. The property management entity for the affordable workforce housing early evacuation
4 units shall be required to annually verify the employment and income eligibility of
5 tenants; report the total units on the site, the occupancy rates of units, and tenant
6 compliance with the requirement to evacuate the units in Phase I of an evacuation,
7 including the number of occupants that are exempt from the evacuation requirements.
8 The property management entity must submit a report to the Planning and
9 Environmental Resources Department by May 1 of each year. Further, each lease and
10 this annual report shall be kept by the property manager and be available for inspection
11 by the County during traditional working hours.
12 g. Affordable Wworkforce housing early evacuation units shall be located within an area
13 designated as Tier III.
14 hg. Affordable Wworkforce housing early evacuation units shall not be located in the V-
15 Zone or within a Coastal Barrier Resource System (CBRS).
16 ih. Affordable Wcuorkforce housing early evacuation units shall be located on a property
17 _ which has all infrastructure available (potable water, adequate wastewater treatment
18 and disposal wastewater meeting adopted LOS, paved roads, etc.).
19 ji. All affordable workforce housing early evacuation units must demonstrate compliance
20 with all applicable federal standards for accessibility for persons with disabilities(ADA
21 Compliance).
22 ki. To the greatest extent practicable, a development utilizing affordable workforce
23 housing early evacuation unit allocations shall incorporate sustainable and resilient
24 design principles into the overall site design and be accessible to employment centers
25 in Key West, Stock Island and Marathon.
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