HomeMy WebLinkAboutItem B1 B1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Special Board of County Commissioners Meeting Meeting
December 19, 2024
Agenda Item Number: B1
2023-3446
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
An Ordinance by the Monroe County Board of County Commissioners Deferring: New ROGO
Applications for Market Rate and Affordable ROGOs for ROGO Year 33, Quarter 3 and following,
Awards by the Planning Commission of Market Rate and Affordable ROGO Allocations for ROGO
Year 33, Quarter 3 and following, Reservations of Affordable ROGO Allocations, and New
Applications for Administrative Relief, Commencing January 14, 2025, Until the BOCC Can Review
and Possibly Amend the Comprehensive Plan and Land Development Code to Update the Criteria for
ROGO Awards and Re-Distribute the County's Remaining Market Rate, Affordable, and
Administrative Relief ROGO Allocations; Providing for Expiration Within 365 Days of the Effective
Date of an Emergency Interim Development Ordinance or When Comprehensive Plan and Land
Development Code Amendments Become Effective, Whichever Comes First; Providing for
Severability; Providing for Transmittal to the State Land Planning Agency and the Secretary of State;
Providing for an Effective Date.
ITEM BACKGROUND:
On December 11, 2024, the BOCC directed Staff to draft an Interim Development Ordinance to
establish a Moratorium on ROGO Applications and Awards starting in ROGO Year 33, Quarter 3 (for
which the application cycle begins January 14, 2025), in order to allow time for review and potential
adoption of Comprehensive Plan and Land Development Code amendments that would re-distribute the
currently remaining ROGO allocations (92 market rate, approximately 12 affordable, 144
administrative relief) over a longer time period, in anticipation of limited or no additional ROGO
allocations being approved by the State.
This direction was preceded by meetings with the Commerce Department and the Executive Office of
the Governor, whereby county staff met and discussed the BOCC request for issuance of 100 of 220
ROGO allocations available within the State hurricane model that can be issued prior to permanent
residents exceeding 24 hours to evacuate in the event of a hurricane.
During these meetings, Commerce and the Governor's Office staff indicated they were not willing to
3
process the request to issue 220 allocations through the state Administration Commission and asked that
all jurisdictions in the Keys finish issuing the allocations they currently have on hand and process the
request for their respective portion of the 220 ROGO allocations through a Comprehensive Plan
amendment. Based on this input, it became apparent that, because the timing to process a
Comprehensive Plan amendment is close to one year and there is a risk to the County's long-term
liability, the County should hold off issuing the currently remaining allocations and instead spread the
allocations over a longer time period. Continuing to issue the remaining allocations with no moratorium
would mean by the time the outcome of the Comprehensive Plan amendment is known in a year, there
would not be enough allocations to spread out over time to stave off potential lawsuits if additional
allocations are not approved and the County runs out of allocations.
Therefore, staff is recommending the BOCC institute a moratorium through the attached emergency
interim development ordinance and hold off on issuing allocations until Comprehensive Plan and Land
Development Code amendments are processed to spread out the allocations. If the State approves more
allocations, the BOCC can then re-adjust the annual allocation amounts and resume permitting at the
rate adopted by the BOCC.
If we do not start the comprehensive plan amendment process and put the allocations on hold, by the
time we know whether any additional units will be given by the State of Florida to the Keys areas of
critical state concern (which would likely be known around summer of 2025), we may use too many of
the remaining allocations to make a
meaningful revision to allocations rate and therefore put the county at risk for potential takings lawsuits
from private property owners who are not able to obtain a permit for construction of a residential
dwelling unit.
Attached are two tables showing: 1) The remaining County allocations and when the final units will be
awarded, at which point the County will no longer have market rate allocations available; and 2) How
the remaining County allocations could be re-distributed over a longer time period following the
proposed moratorium.
PREVIOUS RELEVANT BOCC ACTION:
On December 11, 2024, the BOCC directed staff to draft an IDO to defer applications and awards of
ROGO alloacations beginning ROGO Year 33 Quarter 3 until amendments can be considered to re-
distribute remaining allocations.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
4
DOCUMENTATION:
Monroe County 100 of 220 ALLOCATIONS request timeline
Remaining Allocation Re-Distribution with Moratorium
Draft—Emer.—IDO—Rev.—EMS—PM.doc
Draft—Emer.—IDO—Rev.—EMS_PM (Stamped-and-Signed Version).pdf
FINANCIAL IMPACT:
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2024
11
12 AN ORDINANCE BY THE MONROE COUNTY COMMISSIONERS
13 DEFERRING THE ACCEPTANCE OF OR RECEIPT OF OR APPROVAL OF
14 NEW MARKET RATE AND AFFORDABLE ROGO APPLICATIONS BEYOND
15 Y33 Q2 THROUGH JANUARY 13TH, 2025, ROGO AWARDS BEYOND Y33 Q2,
16 ROGO APPLICATION REVISIONS BEYOND JANUARY 13TH, 2025,
17 REMAINING AFFORDABLE HOUSING ROGOS,ADMINISTRATIVE RELIEF
18 ROGO AWARDS,AND APPLICATIONS FOR ADMINISTRATIVE RELIEF
19 ROGOS AND/OR APPLICATIONS FOR ADMINISTRATIVE RELIEF ROGO
20 AWARDS RECEIVED BEYOND JANUARY 13TH, 2025, UNTIL THE MONROE
21 COUNTY BOARD OF COUNTY COMMISSIONERS CAN REVIEW AND
22 POSSIBLY AMEND THE MONROE COUNTY LAND DEVELOPMENT CODE
23 AND/OR COMPREHENSIVE PLAN REGARDING THE ALLOCATION AND
24 PERMITTING OF RESIDENTIAL DEVELOPMENT; PROVIDING FOR
25 EXPIRATION IN NO MORE THAN 365 DAYS OF THE DATE OF THIS
26 EMERGENCY INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
27 COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
28 AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST;
29 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
30 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
31 PROVIDING FOR AN EFFECTIVE DATE.
32
33
34 WHEREAS,the unincorporated Florida Keys constitute a countywide State-
35 designated Area of Critical State Concern ("Florida Keys ACSC"), as established by and
36 through Rule 28-29.002, Florida Administrative Code, and Sections 380.05 and
37 380.0552, Florida Statutes; and
38
39 WHEREAS,the enabling legislation for the designation of areas of critical state
40 concern provide and hold as follows: "An area of critical state concern may be designated
41 only for: An area containing, or having a significant impact upon, environmental or
42 natural resources of. . . statewide significance. . . . the uncontrolled private or public
43 development of which would cause substantial deterioration of such resources." Fla. Stat.
44 § 380.05(2)(a); and
45
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46 WHEREAS,pursuant to Section 380.0552(9)(a)(2.), Florida Statutes, all local
47 comprehensive plans within the Florida Keys ACSC must include goals, objectives, and
48 policies to protect public safety and welfare in the event of a natural disaster by
49 maintaining a hurricane evacuation clearance time for the permanent residents of the
50 Florida Keys of no more than 24 hours, the hurricane evacuation clearance time shall be
51 determined by a hurricane evacuation study conducted in accordance with a
52 professionally accepted methodology and approved by the state land planning agency
53 ("Florida Department of Commerce"), and for purposes of hurricane evacuation
54 clearance time:
55
56 a. Mobile home residents are not considered permanent residents.
57 b. The City of Key West Area of Critical State Concern established by
58 Chapter 28-36, Florida Administrative Code, shall be included in the hurricane
59 evacuation study and is subject to the evacuation requirements of this subsection; and
60
61 WHEREAS, in 2023, following the 2020 U.S. Census, the Florida Department of
62 Commerce completed an update to the hurricane evacuation modeling task which
63 included Baseline Modeling and, per the December 2023 Florida Keys Hurricane
64 Evacuation Modeling Report (the "Report"), "five additional scenarios (Sl-S5)...that
65 examined the effect of prospective building allocations, to facilitate discussion...to
66 help inform future policy considerations that may be considered by state and local
67 officials and stakeholders"; and
68
69 WHEREAS, Table 3 from the Report, which summarized Hurricane Evacuation
70 Clearance times for each scenario modeled, is attached hereto as Exhibit A.; and
71
72 WHEREAS, the Report's Scenario 4 ("S4") showed that 220 additional
73 residential permit allocations would be the maximum that may be legally awarded
74 without exceeding and violating the statutorily required 24-hour hurricane evacuation
75 clearance timeline, distributed Keys-wide as follows: Unincorporated Monroe County:
76 100, Marathon: 40, Islamorada: 40, and Key West: 40 affordable; and
77
78 WHEREAS, Monroe County has begun the necessary steps to establish a new
79 category of housing within the Monroe County Comprehensive Plan and Land
80 Development Code, "Workforce Market Rate Housing", which would be limited to use
81 and occupancy by those who derive at least 70 percent of their income as members of the
82 Workforce in Monroe County, gainfully employed providing goods and/or services to
83 Monroe County residents or visitors; and
84
85 WHEREAS, as was explained by the County's professional staff per the below,
86 state law, as informed by the State of Florida's latest hurricane evacuation modeling,
87 allows 220 residential building permit allocations to be granted to the County and
88 municipalities without violating the 24-hour hurricane evacuation clearance time
89 requirement enshrined at Section 380.0552, Florida Statutes, and Chapter 28-20, Florida
90 Administrative Code, however that the State of Florida is uncomfortable issuing said 220
91 allocations at this time, as follows:
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92 Monroe County Planning and Environmental Resources Department Senior
93 Director Emily Schemperi: "Option 1, from last month, was to stay within the 24-
94 hour evacuation maximum of 220 for all jurisdictions in the Keys. So this was
95 [the Florida Department of] Commerce's modeled scenario that kept us within 24
96 hours, the maximum countywide was 220 units, 100 of those were modeled for
97 unincorporated Monroe County, and then 40 each for Islamorada, Marathon, and
98 Key West, as affordables for Key West. The chart below is a portion, it's the
99 unincorporated County portion of a chart that we have been using to communicate
100 with the State about the need for the 220 units or the 100 for Monroe County, and
101 it shows how . . . Our current allocations here that are remaining are set to run out
102 at the end of Quarter 2 of 2026. So the red bar starts where we're out of our
103 normal market rate allocations. We do of course have 12 affordable housing and
104 144 administrative relief[allocations] and 214 early evacuation [allocations] that
105 are, or, hopefully soon will be available, for those types of housing. But those are
106 not your general ROGO allocations that your normal everyday applicant for a
107 housing unit is applying for. In pink at the bottom here, if the County were to
108 receive our 100 units from the 220, we would hopefully start those up right after
109 our normal allocations run out, and if we continue at the same rate of distribution
110 as today, it would take us through about a year and a half, almost two years, of
111 additional out-time for allocations, before we would then run out of those.
112
113 . . .
114
115 The next two slides are basically a summary of what's been happening over the
116 last week. . . . The County of course requested, through a letter to the State [of
117 Florida], that they approve the 220 units that are already included in the 24-hour
118 evacuation timeframe per their model. We sent that letter in October, staff met
119 with Commerce in October, got positive feedback regarding workforce housing
120 especially. Our request was very specific to match the modeling they had already
121 done to be able to say `Yes,per your model, this shows 24 hours, no need to
122 change the statute.' That was 100 for unincorporated Monroe County, 40 each for
123 Islamorada and Marathon, and Key West. The Key West units were very specific
124 that they would be affordable. And our original intent then was to get approval
125 from the Administration Commission and then we would process Comprehensive
126 Plan amendments. That's what happened with the 1,300 early evacuation
127 [allocation units]. It [i.e., the category of 1,300 early evacuation allocations] was
128 approved by the Administration Commission, and then each jurisdiction
129 processed their local amendments to accept them and figure out how to give them
130 out.
131
132 . . .
133
A.LC.P.(American Institute of Certified Planners—Certified Planner),C.F.M. (Association of State
Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.)).
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134 Staff has now been told by the State [of Florida] they are not in favor of even
135 approving those 220 units until all remaining allocations, including administrative
136 relief, have been expended.
137
138 . . .
139
140 The State [of Florida] also told staff that would like the County to give a portion
141 of the County's remaining market rate allocations, which we have stretched out
142 through 2026, and kept in our administrative relief pool, to Marathon and
143 Islamorada who have a more urgent`need' for units. Staff was very clear with
144 [the State of Florida] that staff would not support something like this, because of
145 the long-term liability that the County has. We [the County] have been looking
146 ahead,planning, for this. And have tried to be strategic. We did agree to put this
147 request in front of the Board though, because they were asking.
148
149 Another thing the State requested is that, and this is a little confusing: That the
150 County proceed with a Comprehensive Plan amendment to accept our share of the
151 220 (100 Monroe County allocations)because the Administration Commission is
152 not planning to approve it, but they said `proceed with your Comprehensive Plan
153 amendment.' What that would do is basically force a decision from the State; they
154 did not say it this way, but when we transmit that [Comprehensive Plan]
155 amendment to Florida Commerce, they need to review it and decide if it's
156 consistent with Florida Statute. So staff's in favor of that, we should do what they
157 said, and move forward with that Comprehensive Plan amendment if you want
158 those 100 units, and we'll see how it plays out. That leads me to specific things
159 we're requesting direction on today.
160
161 So number one would be to begin processing that Comprehensive Plan and also a
162 Code amendment to accept our 100 ROGOs.
163
164 And then number two, given that the State is saying they're not in favor of even
165 giving the 220 without us expending all of our units, staff's recommendation and
166 request would be that we bring back to you on December 19 a moratorium
167 through an emergency interim development ordinance, that we put a hold on
168 issuing any more ROGO allocations or taking in any more ROGO applications, it
169 would last about a year while we process amendments that also take our
170 remaining allocations —market rate, and administrative relief—and stretch those
171 out for a longer time-frame.
172
173 If we skip the moratorium and just process an amendment like that it would take a
174 year to complete and at that point we would only have about 30 market rate units
175 left to stretch out.
176
177 So that's why we're requesting a moratorium: Put everything on hold for about a
178 year, the numbers would be (by the time we get to it) about 108 market rate,plus
179 our 144 administrative relief, so a total of 252 [allocations], [and] if we stretched
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180 those out at 40 per year(which again we're trying to stay within the comfort zone
181 but make it as low as possible), 40 per year, that would bring us past the next
182 Census, which is good because there may be more new information and modeling
183 then, it would bring us into about 2032.
184
185 We would of course still have our 12 affordable, and once our amendment goes
186 through with the 214 early evacuation, we could still continue to issue those if
187 there are projects ready to go.
188
189 But this [moratorium] would be for the market rates and also administrative relief.
190
191 At the same time we would be processing that Comprehensive Plan amendment to
192 accept an additional 100 [allocations] that stay within the 24 hours. If that gets
193 accepted [by the State of Florida], then we could modify this timeline, either add
194 to it, or add more years on the end, we can work on that. But our request would be
195 that we take immediate action to protect ourselves if worst case scenario we're
196 not getting any more units at all."
197
198 See Monroe County Board of County Commissioners Meeting (Dec. 11, 2024).
199
200 WHEREAS, Monroe County policies and regulations adopted in the Monroe
201 County Comprehensive Plan and Land Development Code are to maintain the public
202 health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local
203 capability to responsibly manage land use and development; and
204
205 WHEREAS, the Monroe County Comprehensive Plan requires that all
206 "development" must be consistent with the State of Florida's statutory Principles for
207 Guiding Development in the Florida Keys Area of Critical State Concern. Introduction,
208 Monroe County Comprehensive Plan ("[A]II planning and development within the
209 Florida Keys must be consistent with Sections 380.05 and 380.0552(7), F.S., Principles
210 for Guiding Development."). Accordingly, "development" in Monroe County must be
211 consistent with the following Principles for Guiding Development in the Florida Keys
212 Area of Critical State Concern:
213
214 (g)Protecting the historical heritage of the Florida Keys.
215
216 (I) Making available adequate affordable housing for all sectors of the population
217 of the Florida Keys.
218
219 (n) Protecting the public health, safety, and welfare of the citizens of the Florida
220 Keys and maintaining the Florida Keys as a unique Florida resource.
221
222 Fla. Stat. §§ 380.0552(7)(g), (I), and(n).
223
224 WHEREAS, the statutorily adopted State Comprehensive Plan's Goals and
225 Policies, which provide(s) basic policy direction to all levels of government concerning
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226 "the orderly social, economic, and physical growth of the state", similarly direct(s) the
227 State and Monroe County to conduct their growth management framework and regulatory
228 activities as follows:
229
230 (4)(a) HOUSING.— Goal.— The public and private sectors shall increase the
231 affordability and availability of housing for low-income and moderate-income persons,
232 including citizens in rural areas, while at the same time encouraging self-sufficiency of
233 the individual and assuring environmental and structural quality and cost-effective
234 operations.
235
236 (4)(b)(3.) Policies.— Increase the supply of safe, affordable, and sanitary housing
237 for low-income and moderate-income persons and elderly persons by alleviating housing
238 shortages, recycling older houses and redeveloping residential neighborhoods, identifying
239 housing needs, providing incentives to the private sector to build affordable housing,
240 encouraging public-private partnerships to maximize the creation of affordable housing,
241 and encouraging research into low-cost housing construction techniques, considering life-
242 cycle operating costs.
243
244 (5)(b)(2)(c.) HEALTH.— Policies.— Government shall ensure that future growth
245 does not cause the environment to adversely affect the health of the population.
246
247 (6)(a) PUBLIC SAFETY.— Goal.—Florida shall protect the public by preventing,
248 discouraging, and punishing criminal behavior, lowering the highway death rate, and
249 protecting lives and property from natural and manmade disasters.
250
251 (6)(b)(22.)Policies.—Require local governments, in cooperation with regional and
252 state agencies, to prepare advance plans for the safe evacuation of coastal residents.
253
254 (6)(b)(23.)Policies.—Require local governments, in cooperation with regional and
255 state agencies, to adopt plans and policies to protect public and private property and
256 human lives from the effects of natural disasters.
257
258 (15) LAND USE.— Goal.— In recognition of the importance of preserving the
259 natural resources and enhancing the quality of life of the state, development shall be
260 directed to those areas which have in place, or have agreements to provide, the land and
261 water resources, fiscal abilities, and service capacity to accommodate growth in an
262 environmentally acceptable manner.
263
264 (15)(b)(1.) Policies.—Promote state programs, investments, and development and
265 redevelopment activities which encourage efficient development and occur in areas
266 which will have the capacity to service new population and commerce.
267
268 Fla. Stat. §§ 187.101(1), 187.201(4)(a), 187.201(4)(b)(3.), 187.201(5)(b)(2.)(c.),
269 187.201(6)(a), 187.201(6)(b)(22.), 187.201(6)(b)(23.), 187.201(15), and
270 187.201(15)(b)(1.).
271
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272 WHEREAS, the legislative intent of the Florida Keys Area Protection Act
273 include(s):
274
275 (b) Establish a land use management system that conserves and promotes the
276 community character of the Florida Keys.
277
278 (d) Provide affordable housing in close proximity to places of employment in the
279 Florida Keys.
280
281 (e) Establish a land use management system that promotes and supports a diverse
282 and sound economic base.
283
284 (j) Ensure that the population of the Florida Keys can be safely evacuated.
285
286 Fla. Stat. §§ 380.0552(2)(b), (d), (e), and (j).
287
288 WHEREAS, the Monroe County Board of County Commissioners finds,
289 concludes, and adopts as the basis for, intent and purpose of the adoption of this
290 ordinance the local and state laws of Monroe County and Florida cited and memorialized
291 at the above and foregoing first, second, seventh, ninth, tenth, eleventh, and twelfth
292 prefatory recitals to this ordinance; and
293
294 WHEREAS, the Monroe County Board of County Commissioners concurs with,
295 approves, and adopts as the basis for, intent and purpose of the adoption of this ordinance
296 the considered analysis and explanation articulated by Monroe County professional staff
297 cited and memorialized at the above and foregoing eighth prefatory recital to this
298 ordinance; and
299
300 WHEREAS, the above and foregoing prefatory recitals to this ordinance setting
301 forth the express basis for, intent and purpose of adoption of this ordinance constitute a
302 non-exhaustive list of the conceivable rational and legitimate reasons for the adoption of
303 this ordinance; and
304
305 WHEREAS, an ordinance addressing the interim time period between the current
306 adopted Land Development Code and Comprehensive Plan and the adoption of any new
307 amendment(s) is necessary to ensure that any new Comprehensive Plan and Code
308 requirements are fully and responsibly evaluated to ensure the public health, safety, and
309 welfare of the citizens of unincorporated Monroe County; and
310
311 WHEREAS, the Monroe County Board of County Commissioners hereby finds
312 and concludes that all of these foregoing bases for and that the intent and purpose of
313 adopting this ordinance accordingly has an eminent foundation in reason and has a
314 substantial relation to the public health,public safety, and the public welfare; and
315
316 WHEREAS, the Monroe County Board of County Commissioners hereby finds
317 and concludes that, therefore, there is an eminently rational relationship between the
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318 adoption of this ordinance and conceivable legitimate governmental objective(s) and that
319 such finding and conclusion is not beyond fair debate; and
320
321 WHEREAS, the Monroe County Board of County Commissioners hereby finds
322 and concludes that the finite moratorium enumerated herein is rationally related to the
323 County's sensible and prudent attempt to preserve the status quo while it formulates
324 and/or works toward adoption of regulatory land use framework amendments during said
325 moratorium; and
326
327 WHEREAS, "[i]t is well-settled that permissible bases for land use" regulations
328 "include concern about the effect of' development "on traffic, on congestion, on
329 surrounding property values, on demand for" local public "services, and on other aspects
330 of the general welfare. It is" further "within the power of the [local] legislature to
331 determine that the community should be beautiful as well as healthy, spacious as well as
332 clean, well-balanced as well as carefully patrolled." WCI Communities, Inc. v. City of
333 Coral Springs, 885 So. 2d 912, 915 (Fla. 4 h DCA 2004);
334
335 WHEREAS, "temporary moratoria are widely used among land-use planners to
336 preserve the status quo while formulating a more permanent development strategy[.]"
337 WCI Communities, Inc., 885 So. 2d at 915-16 (Fla. 4 h DCA 2004) (internal citation
338 omitted); and
339
340 WHEREAS, Monroe County desires to impose a temporary moratorium upon
341 certain development, development applications, and/or activities and/or applications
342 associated with development as described more particularly in the title of this ordinance
343 and further below, due to pending quasi-legislative policy formulation and/or policy
344 adoption more particularly described at the above first, second, seventh, eighth, ninth,
345 tenth, eleventh, and twelfth prefatory recitals to this ordinance;
346
347 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
348 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
349
350 Section I. Recitals. The foregoing recitals, findings of fact, statements of local
351 quasi-legislative purpose and intent, and conclusions of law are true and
352 correct and are hereby incorporated as if fully stated herein.
353
354 Section 2. Emer2ency Declaration. Pursuant to subsection (4) of Section 125.66,
355 Florida Statutes, the Board of County Commissioners of Monroe County,
356 Florida, declare that the above-stated recitals constitute an emergency that
357 justifies waiving the requirement to issue a notice of intent to adopt an
358 ordinance in subsection (2) and dispensing with the publication of a
359 business impact statement required by subsection (3).
360
361 Section 3. Moratorium Imposed. Monroe County professional staff shall defer the
362 acceptance of, receipt of, and/or approval of market rate ROGO ("Rate of
363 Growth Ordinance") applications, commencing December 19, 2024, until
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364 the Board can review and possibly amend the Monroe County Land
365 Development Code and/or Comprehensive Plan regarding the allocation
366 and permitting of residential development. This temporary moratorium
367 shall be applied and enforced as more particularly enumerated below:
368
369 (a) New ROGO Applications for market rate and/or affordable allocations
370 will continue to be received and accepted for ROGO Year 33, Quarter
371 2,per normal established procedures through the quarter's closing
372 date, which is January 13t', 2025.
373 (b) No new ROGO Applications for market rate and/or affordable
374 allocations will be received or accepted following the closing date of
375 ROGO Year 33, Quarter 2, which is January 13t', 2025.
376 (c) No Revisions of ROGO Applications will be received or accepted
377 following the closing date of ROGO Year 33, Quarter 2, which is
378 January 13t', 2025.
379 (d) ROGO Awards for market rate and/or affordable allocations for
380 ROGO Year 33, Quarter 2 will be considered and approved by the
381 Planning Commission, as per normal distribution schedule.
382 (e) No ROGO Awards for market rate and/or affordable allocations will
383 be considered or approved for ROGO Year 33, Quarter 3 or any
384 quarter that follows, until the temporary moratorium expires.
385 (f) No new applications for Administrative Relief will be received or
386 accepted following the closing date of ROGO Year 33, Quarter 2,
387 which is January 13t', 2025.
388 (g) Applications for Administrative Relief received and accepted prior to
389 January 13t', 2025, will be processed according to normal procedures
390 during the temporary moratorium.
391 (h) ROGO Applications that become eligible for Administrative Relief
392 during the temporary moratorium will be notified of eligibility upon
393 expiration of the temporary moratorium and given the opportunity to
394 submit an Administrative Relief application at that time.
395 (i) No new Reservations of affordable ROGO allocations shall be
396 approved by the BOCC after January 13t', 2025. Extensions of
397 existing Reservations may be approved by the BOCC during the
398 temporary moratorium.
399 (j) Current,previously submitted and accepted ROGO Applications shall
400 continue to accrue perseverance points during the temporary
401 moratorium,per the adopted rate of accrual for each particular
402 application.
403 (k) Property owners may continue to submit Building Permit applications
404 for new dwelling units during the temporary moratorium. However, in
405 the event that the Florida Building Code and/or a FEMA flood
406 insurance rate map (FIRM) is amended during the temporary
407 moratorium, if necessary, the applicant shall submit plan revisions to
408 the building permit application demonstrating full compliance with the
409 current Florida Building Code and the adopted FIRM in effect.
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410 (1) Building permit applications that are reviewed during the temporary
411 moratorium and determined to be "ready"to submit a ROGO
412 application shall be given 180 days following expiration of the
413 moratorium to submit the ROGO application. If no ROGO application
414 is submitted within this timeframe, the building permit application is
415 subject to expiration unless an extension is obtained from the Building
416 Official.
417 (m)Building permit applications for which the deadline to submit a ROGO
418 application falls within the temporary moratorium will be given a new
419 deadline of 180 days following expiration of the moratorium to submit
420 the ROGO application.
421
422 Section 4. Temporary Nature of Moratorium. This moratorium is temporary and
423 shall automatically expire after 365 days' passage following the adoption
424 of this Ordinance or shall automatically expire when all above-referenced
425 forthcoming Land Development Code and Comprehensive Plan
426 amendments have been fully and finally adopted, whichever occurs first. In
427 no event shall the moratorium imposed by this ordinance extend beyond
428 365 days from the adoption of this Ordinance. This Section does not
429 foreclose the right and power of the Board to extend this temporary
430 moratorium in order to effectuate the adoption and legal effectiveness of
431 the above-referenced Land Development Code and Comprehensive Plan
432 amendments in progress.
433
434 Section 5. The Monroe County Board of County Commissioners finds and concludes
435 that approval of this ordinance in fact and law will benefit the health,
436 safety, and welfare of the public at large.
437
438 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of
439 Provisions. If any provision of this Ordinance, or part or any portion
440 thereof, is held to be invalid or unenforceable in or by any administrative
441 hearing officer or court of competent jurisdiction, the invalidity or
442 unenforceability of such provision, or any part or portion thereof, shall
443 neither limit nor impair the operation, enforceability, or validity of any
444 other provision of this Ordinance, or any remaining part(s) and/or
445 portion(s) thereof. All other provisions of this Ordinance, and remaining
446 part(s) and/or portion(s) thereof, shall continue unimpaired in full force
447 and effect.
448
449 Section 7. Captions and Paragraph Headings. Captions and paragraph headings,
450 where used herein, are inserted for convenience only and are not intended
451 to descriptively limit the scope and intent of the particular paragraph or
452 text to which they refer.
453
454 Section 8. Conflicting Provisions. All ordinances or parts of ordinances in conflict
455 with this Ordinance are hereby repealed to the extent of said conflict. The
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456 repeal of an ordinance herein shall not repeal the repealing clause of such
457 ordinance or revive any ordinance which has been repealed thereby.
458
459 Section 9. Transmittal. This Ordinance shall be transmitted to the Florida State
460 Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
461
462 Section 10. Effective Date. This Ordinance shall become effective as provided by the
463 general law requirements for ordinance adoption within the Florida Keys
464 Area of Critical State Concern enumerated at Chapters 163 and 380,
465 Florida Statutes.
466
467 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
468 County, Florida, at a regular meeting held on this 19'h day of December, 2024.
469
470 Mayor James K. Scholl, District 3
471 Mayor Pro Tem Michelle Lincoln, District 2
472 Commissioner Craig Cates, District 1
473 Commissioner Holly Merrill Raschein, District 5
474 Commissioner David Rice, District 4
475
476
477 By:
478 Mayor James Scholl
479 (SEAL)
480
481
482 ATTEST: KEVIN MADOK, CLERK
483
484
485 AS DEPUTY CLERK
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2
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5 „
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2024
11
12 AN ORDINANCE BY THE MONROE COUNTY COMMISSIONERS
13 DEFERRING THE ACCEPTANCE OF OR RECEIPT OF OR APPROVAL OF
14 NEW MARKET RATE AND AFFORDABLE ROGO APPLICATIONS BEYOND
15 Y33 Q2 THROUGH JANUARY 13TH, 2025, ROGO AWARDS BEYOND Y33 Q2,
16 ROGO APPLICATION REVISIONS BEYOND JANUARY 13TH, 2025,
17 REMAINING AFFORDABLE HOUSING ROGOS,ADMINISTRATIVE RELIEF
18 ROGO AWARDS,AND APPLICATIONS FOR ADMINISTRATIVE RELIEF
19 ROGOS AND/OR APPLICATIONS FOR ADMINISTRATIVE RELIEF ROGO
20 AWARDS RECEIVED BEYOND JANUARY 13TH, 2025, UNTIL THE MONROE
21 COUNTY BOARD OF COUNTY COMMISSIONERS CAN REVIEW AND
22 POSSIBLY AMEND THE MONROE COUNTY LAND DEVELOPMENT CODE
23 AND/OR COMPREHENSIVE PLAN REGARDING THE ALLOCATION AND
24 PERMITTING OF RESIDENTIAL DEVELOPMENT; PROVIDING FOR
25 EXPIRATION IN NO MORE THAN 365 DAYS OF THE DATE OF THIS
26 EMERGENCY INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
27 COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE
28 AMENDMENTS BECOME EFFECTIVE,WHICHEVER COMES FIRST;
29 PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO
30 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
31 PROVIDING FOR AN EFFECTIVE DATE.
32
33
34 WHEREAS,the unincorporated Florida Keys constitute a countywide State-
35 designated Area of Critical State Concern ("Florida Keys ACSC"), as established by and
36 through Rule 28-29.002, Florida Administrative Code, and Sections 380.05 and
37 380.0552, Florida Statutes; and
38
39 WHEREAS,the enabling legislation for the designation of areas of critical state
40 concern provide and hold as follows: "An area of critical state concern may be designated
41 only for: An area containing, or having a significant impact upon, environmental or
42 natural resources of. . . statewide significance. . . . the uncontrolled private or public
43 development of which would cause substantial deterioration of such resources." Fla. Stat.
44 § 380.05(2)(a); and
45
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46 WHEREAS,pursuant to Section 380.0552(9)(a)(2.), Florida Statutes, all local
47 comprehensive plans within the Florida Keys ACSC must include goals, objectives, and
48 policies to protect public safety and welfare in the event of a natural disaster by
49 maintaining a hurricane evacuation clearance time for the permanent residents of the
50 Florida Keys of no more than 24 hours, the hurricane evacuation clearance time shall be
51 determined by a hurricane evacuation study conducted in accordance with a
52 professionally accepted methodology and approved by the state land planning agency
53 ("Florida Department of Commerce"), and for purposes of hurricane evacuation
54 clearance time:
55
56 a. Mobile home residents are not considered permanent residents.
57 b. The City of Key West Area of Critical State Concern established by
58 Chapter 28-36, Florida Administrative Code, shall be included in the hurricane
59 evacuation study and is subject to the evacuation requirements of this subsection; and
60
61 WHEREAS, in 2023, following the 2020 U.S. Census, the Florida Department of
62 Commerce completed an update to the hurricane evacuation modeling task which
63 included Baseline Modeling and, per the December 2023 Florida Keys Hurricane
64 Evacuation Modeling Report (the "Report"), "five additional scenarios (S1-S5)...that
65 examined the effect of prospective building allocations, to facilitate discussion...to
66 help inform future policy considerations that may be considered by state and local
67 officials and stakeholders"; and
68
69 WHEREAS, Table 3 from the Report, which summarized Hurricane Evacuation
70 Clearance times for each scenario modeled, is attached hereto as Exhibit A.; and
71
72 WHEREAS, the Report's Scenario 4 ("S4") showed that 220 additional
73 residential permit allocations would be the maximum that may be legally awarded
74 without exceeding and violating the statutorily required 24-hour hurricane evacuation
75 clearance timeline, distributed Keys-wide as follows: Unincorporated Monroe County:
76 100, Marathon: 40, Islamorada: 40, and Key West: 40 affordable; and
77
78 WHEREAS, Monroe County has begun the necessary steps to establish a new
79 category of housing within the Monroe County Comprehensive Plan and Land
80 Development Code, "Workforce Market Rate Housing", which would be limited to use
81 and occupancy by those who derive at least 70 percent of their income as members of the
82 Workforce in Monroe County, gainfully employed providing goods and/or services to
83 Monroe County residents or visitors; and
84
85 WHEREAS, as was explained by the County's professional staff per the below,
86 state law, as informed by the State of Florida's latest hurricane evacuation modeling,
87 allows 220 residential building permit allocations to be granted to the County and
88 municipalities without violating the 24-hour hurricane evacuation clearance time
89 requirement enshrined at Section 380.0552, Florida Statutes, and Chapter 28-20, Florida
90 Administrative Code, however that the State of Florida is uncomfortable issuing said 220
91 allocations at this time, as follows:
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92 Monroe County Planning and Environmental Resources Department Senior
93 Director Emily Schemperi: "Option 1, from last month, was to stay within the 24-
94 hour evacuation maximum of 220 for all jurisdictions in the Keys. So this was
95 [the Florida Department of] Commerce's modeled scenario that kept us within 24
96 hours, the maximum countywide was 220 units, 100 of those were modeled for
97 unincorporated Monroe County, and then 40 each for Islamorada, Marathon, and
98 Key West, as affordables for Key West. The chart below is a portion, it's the
99 unincorporated County portion of a chart that we have been using to communicate
100 with the State about the need for the 220 units or the 100 for Monroe County, and
101 it shows how . . . Our current allocations here that are remaining are set to run out
102 at the end of Quarter 2 of 2026. So the red bar starts where we're out of our
103 normal market rate allocations. We do of course have 12 affordable housing and
104 144 administrative relief [allocations] and 214 early evacuation [allocations] that
105 are, or, hopefully soon will be available, for those types of housing. But those are
106 not your general ROGO allocations that your normal everyday applicant for a
107 housing unit is applying for. In pink at the bottom here, if the County were to
108 receive our 100 units from the 220, we would hopefully start those up right after
109 our normal allocations run out, and if we continue at the same rate of distribution
110 as today, it would take us through about a year and a half, almost two years, of
111 additional out-time for allocations, before we would then run out of those.
112
113 . . .
114
115 The next two slides are basically a summary of what's been happening over the
116 last week. . . . The County of course requested, through a letter to the State [of
117 Florida], that they approve the 220 units that are already included in the 24-hour
118 evacuation timeframe per their model. We sent that letter in October, staff met
119 with Commerce in October, got positive feedback regarding workforce housing
120 especially. Our request was very specific to match the modeling they had already
121 done to be able to say `Yes, per your model, this shows 24 hours, no need to
122 change the statute.' That was 100 for unincorporated Monroe County, 40 each for
123 Islamorada and Marathon, and Key West. The Key West units were very specific
124 that they would be affordable. And our original intent then was to get approval
125 from the Administration Commission and then we would process Comprehensive
126 Plan amendments. That's what happened with the 1,300 early evacuation
127 [allocation units]. It [i.e., the category of 1,300 early evacuation allocations] was
128 approved by the Administration Commission, and then each jurisdiction
129 processed their local amendments to accept them and figure out how to give them
130 out.
131
132 . . .
133
A.LC.P. (American Institute of Certified Planners—Certified Planner),C.F.M. (Association of State
Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.)).
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134 Staff has now been told by the State [of Florida] they are not in favor of even
135 approving those 220 units until all remaining allocations, including administrative
136 relief, have been expended.
137
138 . . .
139
140 The State [of Florida] also told staff that would like the County to give a portion
141 of the County's remaining market rate allocations, which we have stretched out
142 through 2026, and kept in our administrative relief pool, to Marathon and
143 Islamorada who have a more urgent `need' for units. Staff was very clear with
144 [the State of Florida] that staff would not support something like this, because of
145 the long-term liability that the County has. We [the County] have been looking
146 ahead,planning, for this. And have tried to be strategic. We did agree to put this
147 request in front of the Board though, because they were asking.
148
149 Another thing the State requested is that, and this is a little confusing: That the
150 County proceed with a Comprehensive Plan amendment to accept our share of the
151 220 (100 Monroe County allocations)because the Administration Commission is
152 not planning to approve it, but they said `proceed with your Comprehensive Plan
153 amendment.' What that would do is basically force a decision from the State; they
154 did not say it this way, but when we transmit that [Comprehensive Plan]
155 amendment to Florida Commerce, they need to review it and decide if it's
156 consistent with Florida Statute. So staff s in favor of that, we should do what they
157 said, and move forward with that Comprehensive Plan amendment if you want
158 those 100 units, and we'll see how it plays out. That leads me to specific things
159 we're requesting direction on today.
160
161 So number one would be to begin processing that Comprehensive Plan and also a
162 Code amendment to accept our 100 ROGOs.
163
164 And then number two, given that the State is saying they're not in favor of even
165 giving the 220 without us expending all of our units, staff s recommendation and
166 request would be that we bring back to you on December 19 a moratorium
167 through an emergency interim development ordinance, that we put a hold on
168 issuing any more ROGO allocations or taking in any more ROGO applications, it
169 would last about a year while we process amendments that also take our
170 remaining allocations —market rate, and administrative relief— and stretch those
171 out for a longer time-frame.
172
173 If we skip the moratorium and just process an amendment like that it would take a
174 year to complete and at that point we would only have about 30 market rate units
175 left to stretch out.
176
177 So that's why we're requesting a moratorium: Put everything on hold for about a
178 year, the numbers would be (by the time we get to it) about 108 market rate,plus
179 our 144 administrative relief, so a total of 252 [allocations], [and] if we stretched
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180 those out at 40 per year(which again we're trying to stay within the comfort zone
181 but make it as low as possible), 40 per year, that would bring us past the next
182 Census, which is good because there may be more new information and modeling
183 then, it would bring us into about 2032.
184
185 We would of course still have our 12 affordable, and once our amendment goes
186 through with the 214 early evacuation, we could still continue to issue those if
187 there are projects ready to go.
188
189 But this [moratorium] would be for the market rates and also administrative relief.
190
191 At the same time we would be processing that Comprehensive Plan amendment to
192 accept an additional 100 [allocations] that stay within the 24 hours. If that gets
193 accepted [by the State of Florida], then we could modify this timeline, either add
194 to it, or add more years on the end, we can work on that. But our request would be
195 that we take immediate action to protect ourselves if worst case scenario we're
196 not getting any more units at all."
197
198 See Monroe County Board of County Commissioners Meeting (Dec. 11, 2024).
199
200 WHEREAS, Monroe County policies and regulations adopted in the Monroe
201 County Comprehensive Plan and Land Development Code are to maintain the public
202 health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local
203 capability to responsibly manage land use and development; and
204
205 WHEREAS, the Monroe County Comprehensive Plan requires that all
206 "development" must be consistent with the State of Florida's statutory Principles for
207 Guiding Development in the Florida Keys Area of Critical State Concern. Introduction,
208 Monroe County Comprehensive Plan ("[A]ll planning and development within the
209 Florida Keys must be consistent with Sections 380.05 and 380.0552(7), F.S., Principles
210 for Guiding Development."). Accordingly, "development" in Monroe County must be
211 consistent with the following Principles for Guiding Development in the Florida Keys
212 Area of Critical State Concern:
213
214 (g)Protecting the historical heritage of the Florida Keys.
215
216 (1) Making available adequate affordable housing for all sectors of the population
217 of the Florida Keys.
218
219 (n) Protecting the public health, safety, and welfare of the citizens of the Florida
220 Keys and maintaining the Florida Keys as a unique Florida resource.
221
222 Fla. Stat. §§ 380.0552(7)(g), (1), and (n).
223
224 WHEREAS, the statutorily adopted State Comprehensive Plan's Goals and
225 Policies, which provide(s) basic policy direction to all levels of government concerning
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226 "the orderly social, economic, and physical growth of the state", similarly direct(s) the
227 State and Monroe County to conduct their growth management framework and regulatory
228 activities as follows:
229
230 (4)(a) HOUSING.— Goal.— The public and private sectors shall increase the
231 affordability and availability of housing for low-income and moderate-income persons,
232 including citizens in rural areas, while at the same time encouraging self-sufficiency of
233 the individual and assuring environmental and structural quality and cost-effective
234 operations.
235
236 (4)(b)(3.) Policies.— Increase the supply of safe, affordable, and sanitary housing
237 for low-income and moderate-income persons and elderly persons by alleviating housing
238 shortages, recycling older houses and redeveloping residential neighborhoods, identifying
239 housing needs, providing incentives to the private sector to build affordable housing,
240 encouraging public-private partnerships to maximize the creation of affordable housing,
241 and encouraging research into low-cost housing construction techniques, considering life-
242 cycle operating costs.
243
244 (5)(b)(2)(c.) HEALTH.— Policies.— Government shall ensure that future growth
245 does not cause the environment to adversely affect the health of the population.
246
247 (6)(a) PUBLIC SAFETY.— Goal.— Florida shall protect the public by preventing,
248 discouraging, and punishing criminal behavior, lowering the highway death rate, and
249 protecting lives and property from natural and manmade disasters.
250
251 (6)(b)(22.)Policies.—Require local governments, in cooperation with regional and
252 state agencies, to prepare advance plans for the safe evacuation of coastal residents.
253
254 (6)(b)(23.)Policies.—Require local governments, in cooperation with regional and
255 state agencies, to adopt plans and policies to protect public and private property and
256 human lives from the effects of natural disasters.
257
258 (15) LAND USE.— Goal.— In recognition of the importance of preserving the
259 natural resources and enhancing the quality of life of the state, development shall be
260 directed to those areas which have in place, or have agreements to provide, the land and
261 water resources, fiscal abilities, and service capacity to accommodate growth in an
262 environmentally acceptable manner.
263
264 (15)(b)(1.) Policies.— Promote state programs, investments, and development and
265 redevelopment activities which encourage efficient development and occur in areas
266 which will have the capacity to service new population and commerce.
267
268 Fla. Stat. §§ 187.101(1), 187.201(4)(a), 187.201(4)(b)(3.), 187.201(5)(b)(2.)(c.),
269 187.201(6)(a), 187.201(6)(b)(22.), 187.201(6)(b)(23.), 187.201(15), and
270 187.201(15)(b)(1.).
271
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272 WHEREAS, the legislative intent of the Florida Keys Area Protection Act
273 include(s):
274
275 (b) Establish a land use management system that conserves and promotes the
276 community character of the Florida Keys.
277
278 (d) Provide affordable housing in close proximity to places of employment in the
279 Florida Keys.
280
281 (e) Establish a land use management system that promotes and supports a diverse
282 and sound economic base.
283
284 (j)Ensure that the population of the Florida Keys can be safely evacuated.
285
286 Fla. Stat. §§ 380.0552(2)(b), (d), (e), and(j).
287
288 WHEREAS, the Monroe County Board of County Commissioners finds,
289 concludes, and adopts as the basis for, intent and purpose of the adoption of this
290 ordinance the local and state laws of Monroe County and Florida cited and memorialized
291 at the above and foregoing first, second, seventh, ninth, tenth, eleventh, and twelfth
292 prefatory recitals to this ordinance; and
293
294 WHEREAS, the Monroe County Board of County Commissioners concurs with,
295 approves, and adopts as the basis for, intent and purpose of the adoption of this ordinance
296 the considered analysis and explanation articulated by Monroe County professional staff
297 cited and memorialized at the above and foregoing eighth prefatory recital to this
298 ordinance; and
299
300 WHEREAS, the above and foregoing prefatory recitals to this ordinance setting
301 forth the express basis for, intent and purpose of adoption of this ordinance constitute a
302 non-exhaustive list of the conceivable rational and legitimate reasons for the adoption of
303 this ordinance; and
304
305 WHEREAS, an ordinance addressing the interim time period between the current
306 adopted Land Development Code and Comprehensive Plan and the adoption of any new
307 amendment(s) is necessary to ensure that any new Comprehensive Plan and Code
308 requirements are fully and responsibly evaluated to ensure the public health, safety, and
309 welfare of the citizens of unincorporated Monroe County; and
310
311 WHEREAS, the Monroe County Board of County Commissioners hereby finds
312 and concludes that all of these foregoing bases for and that the intent and purpose of
313 adopting this ordinance accordingly has an eminent foundation in reason and has a
314 substantial relation to the public health,public safety, and the public welfare; and
315
316 WHEREAS, the Monroe County Board of County Commissioners hereby finds
317 and concludes that, therefore, there is an eminently rational relationship between the
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318 adoption of this ordinance and conceivable legitimate governmental objective(s) and that
319 such finding and conclusion is not beyond fair debate; and
320
321 WHEREAS, the Monroe County Board of County Commissioners hereby finds
322 and concludes that the finite moratorium enumerated herein is rationally related to the
323 County's sensible and prudent attempt to preserve the status quo while it formulates
324 and/or works toward adoption of regulatory land use framework amendments during said
325 moratorium; and
326
327 WHEREAS, "[i]t is well-settled that permissible bases for land use" regulations
328 "include concern about the effect of development "on traffic, on congestion, on
329 surrounding property values, on demand for" local public "services, and on other aspects
330 of the general welfare. It is" further "within the power of the [local] legislature to
331 determine that the community should be beautiful as well as healthy, spacious as well as
332 clean, well-balanced as well as carefully patrolled." WCI Communities, Inc. v. City of
333 Coral Springs, 885 So. 2d 912, 915 (Fla. 4fh DCA 2004);
334
335 WHEREAS, "temporary moratoria are widely used among land-use planners to
336 preserve the status quo while formulating a more permanent development strategy[.]"
337 WCI Communities, Inc., 885 So. 2d at 915-16 (Fla. 4fh DCA 2004) (internal citation
338 omitted); and
339
340 WHEREAS, Monroe County desires to impose a temporary moratorium upon
341 certain development, development applications, and/or activities and/or applications
342 associated with development as described more particularly in the title of this ordinance
343 and further below, due to pending quasi-legislative policy formulation and/or policy
344 adoption more particularly described at the above first, second, seventh, eighth, ninth,
345 tenth, eleventh, and twelfth prefatory recitals to this ordinance;
346
347 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
348 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
349
350 Section I. Recitals. The foregoing recitals, findings of fact, statements of local
351 quasi-legislative purpose and intent, and conclusions of law are true and
352 correct and are hereby incorporated as if fully stated herein.
353
354 Section 2. Emer2ency Declaration. Pursuant to subsection (4) of Section 125.66,
355 Florida Statutes, the Board of County Commissioners of Monroe County,
356 Florida, declare that the above-stated recitals constitute an emergency that
357 justifies waiving the requirement to issue a notice of intent to adopt an
358 ordinance in subsection (2) and dispensing with the publication of a
359 business impact statement required by subsection (3).
360
361 Section 3. Moratorium Imposed. Monroe County professional staff shall defer the
362 acceptance of, receipt of, and/or approval of market rate ROGO ("Rate of
363 Growth Ordinance") applications, commencing December 19, 2024, until
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364 the Board can review and possibly amend the Monroe County Land
365 Development Code and/or Comprehensive Plan regarding the allocation
366 and permitting of residential development. This temporary moratorium
367 shall be applied and enforced as more particularly enumerated below:
368
369 (a) New ROGO Applications for market rate and/or affordable allocations
370 will continue to be received and accepted for ROGO Year 33, Quarter
371 2, per normal established procedures through the quarter's closing
372 date, which is January 13th 2025.
373 (b) No new ROGO Applications for market rate and/or affordable
374 allocations will be received or accepted following the closing date of
375 ROGO Year 33, Quarter 2, which is January 13th 2025.
376 (c) No Revisions of ROGO Applications will be received or accepted
377 following the closing date of ROGO Year 33, Quarter 2, which is
378 January 13th 2025.
379 (d) ROGO Awards for market rate and/or affordable allocations for
380 ROGO Year 33, Quarter 2 will be considered and approved by the
381 Planning Commission, as per normal distribution schedule.
382 (e) No ROGO Awards for market rate and/or affordable allocations will
383 be considered or approved for ROGO Year 33, Quarter 3 or any
384 quarter that follows, until the temporary moratorium expires.
385 (f) No new applications for Administrative Relief will be received or
386 accepted following the closing date of ROGO Year 33, Quarter 2,
387 which is January 13th 2025.
388 (g) Applications for Administrative Relief received and accepted prior to
389 January 13th, 2025, will be processed according to normal procedures
390 during the temporary moratorium.
391 (h) ROGO Applications that become eligible for Administrative Relief
392 during the temporary moratorium will be notified of eligibility upon
393 expiration of the temporary moratorium and given the opportunity to
394 submit an Administrative Relief application at that time.
395 (i) No new Reservations of affordable ROGO allocations shall be
396 approved by the BOCC after January 13th, 2025. Extensions of
397 existing Reservations may be approved by the BOCC during the
398 temporary moratorium.
399 (j) Current,previously submitted and accepted ROGO Applications shall
400 continue to accrue perseverance points during the temporary
401 moratorium,per the adopted rate of accrual for each particular
402 application.
403 (k) Property owners may continue to submit Building Permit applications
404 for new dwelling units during the temporary moratorium. However, in
405 the event that the Florida Building Code and/or a FEMA flood
406 insurance rate map (FIRM) is amended during the temporary
407 moratorium, if necessary, the applicant shall submit plan revisions to
408 the building permit application demonstrating full compliance with the
409 current Florida Building Code and the adopted FIRM in effect.
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410 (1) Building permit applications that are reviewed during the temporary
411 moratorium and determined to be "ready" to submit a ROGO
412 application shall be given 180 days following expiration of the
413 moratorium to submit the ROGO application. If no ROGO application
414 is submitted within this timeframe, the building permit application is
415 subject to expiration unless an extension is obtained from the Building
416 Official.
417 (m)Building permit applications for which the deadline to submit a ROGO
418 application falls within the temporary moratorium will be given a new
419 deadline of 180 days following expiration of the moratorium to submit
420 the ROGO application.
421
422 Section 4. Temporary Nature of Moratorium. This moratorium is temporary and
423 shall automatically expire after 365 days' passage following the adoption
424 of this Ordinance or shall automatically expire when all above-referenced
425 forthcoming Land Development Code and Comprehensive Plan
426 amendments have been fully and finally adopted, whichever occurs first. In
427 no event shall the moratorium imposed by this ordinance extend beyond
428 365 days from the adoption of this Ordinance. This Section does not
429 foreclose the right and power of the Board to extend this temporary
430 moratorium in order to effectuate the adoption and legal effectiveness of
431 the above-referenced Land Development Code and Comprehensive Plan
432 amendments in progress.
433
434 Section 5. The Monroe County Board of County Commissioners finds and concludes
435 that approval of this ordinance in fact and law will benefit the health,
436 safety, and welfare of the public at large.
437
438 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of
439 Provisions. If any provision of this Ordinance, or part or any portion
440 thereof, is held to be invalid or unenforceable in or by any administrative
441 hearing officer or court of competent jurisdiction, the invalidity or
442 unenforceability of such provision, or any part or portion thereof, shall
443 neither limit nor impair the operation, enforceability, or validity of any
444 other provision of this Ordinance, or any remaining part(s) and/or
445 portion(s) thereof. All other provisions of this Ordinance, and remaining
446 part(s) and/or portion(s) thereof, shall continue unimpaired in full force
447 and effect.
448
449 Section 7. Captions and Paragraph Headings. Captions and paragraph headings,
450 where used herein, are inserted for convenience only and are not intended
451 to descriptively limit the scope and intent of the particular paragraph or
452 text to which they refer.
453
454 Section 8. Conflicting Provisions. All ordinances or parts of ordinances in conflict
455 with this Ordinance are hereby repealed to the extent of said conflict. The
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456 repeal of an ordinance herein shall not repeal the repealing clause of such
457 ordinance or revive any ordinance which has been repealed thereby.
458
459 Section 9. Transmittal. This Ordinance shall be transmitted to the Florida State
460 Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
461
462 Section 10. Effective Date. This Ordinance shall become effective as provided by the
463 general law requirements for ordinance adoption within the Florida Keys
464 Area of Critical State Concern enumerated at Chapters 163 and 380,
465 Florida Statutes.
466
467 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
468 County, Florida, at a regular meeting held on this 19'h day of December, 2024.
469
470 Mayor James K. Scholl, District 3
471 Mayor Pro Tem Michelle Lincoln, District 2
472 Commissioner Craig Cates, District 1
473 Commissioner Holly Merrill Raschein, District 5
474 Commissioner David Rice, District 4
475
476
477 By:
478 Mayor James Scholl
479 (SEAL)
481 FORM
r �o
482 ATTEST: KEVIN MADOK, CLERK � ..�.
483 PErER MORRI
484 Date: 12/16/24
485 AS DEPUTY CLERK
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