Item R3 R3
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
Board of County Commissioners Meeting
January 15, 2025
Agenda Item Number: R3
2023-3498
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
An Ordinance by the Monroe County Commissioners Deferring the Acceptance Of or Receipt Of or
Approval Of New Market Rate and Affordable ROGO Applications Beyond January 15 th, 2025, ROGO
Awards Beyond Y33 Q2, ROGO Application Revisions Beyond January 15 th, 2025, Remaining
Affordable Housing ROGO Reservations, and Applications For Administrative Relief ROGO Awards
Beyond January 15th, 2025, Until the Monroe County Board Of County Commissioners Can Review
and Possibly Amend the Monroe County Land Development Code And/Or Comprehensive Plan
Regarding the Allocation and Permitting of Residential Development; Providing for Expiration In No
More Than 365 Days of the Date Of This Interim Development Ordinance or When the 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 Monroe County professional staff to draft and prepare an
Interim Development Ordinance (IDO) 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 of Florida. On December 19,
2024, at a special meeting, the BOCC considered an emergency IDO to approve the aforementioned
moratorium. A majority of the BOCC chose not to adopt the emergency IDO, but directed Monroe
County professional staff to advertise a non-emergency IDO to establish a Moratorium on ROGO
Applications and Awards to be considered at the January 15, 2025, regular BOCC meeting.
This direction was preceded by meetings with the State Commerce Department ("Commerce") and the
Executive Office of the Governor, whereby 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
3208
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
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 possible 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/Land Development Code
amendment(s) is/are 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, Monroe County professional staff is recommending for the BOCC to adopt the attached IDO
in order to 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/Land Development Code 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 Area(s) 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 allocation
rate and therefore put the County at risk for possible 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 Monroe County professional staff to draft an IDO to defer
applications and awards of ROGO allocations beginning ROGO Year 33 Quarter 3 until amendments
can be considered to re-distribute remaining allocations. A majority of the BOCC chose not to adopt the
emergency IDO.
On December 19, 2024, the BOCC directed Monroe County professional staff to instead advertise a
non-emergency IDO to establish a moratorium on ROGO Applications and Awards, to be considered at
the January 15, 2025, regular BOCC meeting.
3209
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County 100 of 220 ALLOCATIONS request timeline
Remaining Allocation Re-Distribution with Moratorium
IDO.pdf
Req. F.S. 125.66 Bus. Impact Estimate.pdf
Distribution of Remaining ROGOs With and Without Moratorium.pdf
FINANCIAL IMPACT:
N/A
3210
b
C4 b
N
O
N o
b
b
b
co
N
O
N
b
b
b
n
n � �
b m _
w
O
N
b
m
E "
b E
b
m
N
N
Y ,
o o
�m E
m
Y �
�m
m
< y `
O m
m
n Y
p O b tO
l0 m
N
O
N
d O b
O m
d O b
O m
a a
N Y
O b O b E .-
N �m
E $
A S
N
r E
V
7 y
O p
U �
a) r O
o O o
= y N
O N
N N y
CD
y `y N !0 a
m
C $
S
O O U E E 'a
0 a
0
m m « w
C C N a a rc c
O m a m m r
N N N 0 m >
r E E c p 0
Q C 0
0 C C O o� E
N N
U E E
OC a m E
to cca ca E
= O a a O
0 CD CD
!C yCD > > C
E y y y O
> m
C O e
CD CD
D N
O. CL .0
E E E s
O O O
CD
N
T-
N
00
O CV
H
N
M 00
O
N
T4
O d�
N
O �
M O
N M
N
4 i
E f0
O E
N V-
W M
c -a
0 0
c a
00 _ >
O Iq E >
N
H w W
co C d
a m
rq
u �
cc a
p
a N
N
.0
O a
0 Q m
c� + O N w
= N C N a E
E
0
c c s a v ¢
N
L
o = N + r
Q> °C N
E
0 o O g �*.
_ m
2
3tr�
5 „
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2025
11
12 AN ORDINANCE BY THE MONROE COUNTY COMMISSIONERS DEFERRING
13 THE ACCEPTANCE OF OR RECEIPT OF OR APPROVAL OF NEW MARKET
14 RATE AND AFFORDABLE ROGO APPLICATIONS BEYOND JANUARY 15TH,
15 2025, ROGO AWARDS BEYOND Y33 Q2, ROGO APPLICATION REVISIONS
16 BEYOND JANUARY 15TH, 2025, REMAINING AFFORDABLE HOUSING ROGO
17 RESERVATIONS, AND APPLICATIONS FOR ADMINISTRATIVE RELIEF ROGO
18 AWARDS BEYOND JANUARY 15TH, 2025, UNTIL THE MONROE COUNTY
19 BOARD OF COUNTY COMMISSIONERS CAN REVIEW AND POSSIBLY AMEND
20 THE MONROE COUNTY LAND DEVELOPMENT CODE AND/OR
21 COMPREHENSIVE PLAN REGARDING THE ALLOCATION AND PERMITTING
22 OF RESIDENTIAL DEVELOPMENT; PROVIDING FOR EXPIRATION IN NO
23 MORE THAN 365 DAYS OF THE DATE OF THIS INTERIM DEVELOPMENT
24 ORDINANCE ("IDO") OR WHEN THE COMPREHENSIVE PLAN AND LAND
25 DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER
26 COMES FIRST; PROVIDING FOR SEVERABIL,ITY; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE.
29
30
31 WHEREAS,the unincorporated Florida Keys constitute a countywide State-
32 designated Area of Critical State Concern ("Florida Keys ACSC"), as established by and
33 through Rule 28-29.002, Florida Administrative Code, and Sections 380.05 and
34 380.0552, Florida Statutes; and
35
36 WHEREAS,the enabling legislation for the designation of areas of critical state
37 concern provide and hold as follows: "An area of critical state concern may be designated
38 only for: An area containing, or having a significant impact upon, environmental or
39 natural resources of. . . statewide significance. . . . the uncontrolled private or public
40 development of which would cause substantial deterioration of such resources." Fla. Stat.
41 § 380.05(2)(a); and
42
43 WHEREAS,pursuant to Section 380.0552(9)(a)(2.), Florida Statutes, all local
44 comprehensive plans within the Florida Keys ACSC must include goals, objectives, and
45 policies to protect public safety and welfare in the event of a natural disaster by
1 of 11
3213
46 maintaining a hurricane evacuation clearance time for the permanent residents of the
47 Florida Keys of no more than 24 hours, the hurricane evacuation clearance time shall be
48 determined by a hurricane evacuation study conducted in accordance with a
49 professionally accepted methodology and approved by the state land planning agency
50 ("Florida Department of Commerce"), and for purposes of hurricane evacuation
51 clearance time:
52
53 a. Mobile home residents are not considered permanent residents.
54 b. The City of Key West Area of Critical State Concern established by
55 Chapter 28-36, Florida Administrative Code, shall be included in the hurricane
56 evacuation study and is subject to the evacuation requirements of this subsection; and
57
58 WHEREAS, in 2023, following the 2020 U.S. Census, the Florida Department of
59 Commerce completed an update to the hurricane evacuation modeling task which
60 included Baseline Modeling and, per the December 2023 Florida Keys Hurricane
61 Evacuation Modeling Report (the "Report"), "five additional scenarios (Sl-S5)...that
62 examined the effect of prospective building allocations, to facilitate discussion...to
63 help inform future policy considerations that may be considered by state and local
64 officials and stakeholders"; and
65
66 WHEREAS, Table 3 from the Report, which summarized Hurricane Evacuation
67 Clearance times for each scenario modeled, is hereby incorporated as if fully stated
68 herein; and
69
70 WHEREAS, the Report's Scenario 4 ("S4") showed that 220 additional
71 residential permit allocations would be the maximum that may be legally awarded
72 without exceeding and violating the statutorily required 24-hour hurricane evacuation
73 clearance timeline, distributed Keys-wide as follows: Unincorporated Monroe County:
74 100, Marathon: 40, Islamorada: 40, and Key West: 40 affordable; and
75
76 WHEREAS, Monroe County has begun the necessary steps to establish a new
77 category of housing within the Monroe County Comprehensive Plan and Land
78 Development Code, "Workforce Market Rate Housing", which would be limited to use
79 and occupancy by those who derive at least 70 percent of their income as members of the
80 Workforce in Monroe County, gainfully employed providing goods and/or services to
81 Monroe County residents or visitors; and
82
83 WHEREAS, as was explained by the County's professional staff per the below,
84 state law, as informed by the State of Florida's latest hurricane evacuation modeling,
85 allows 220 residential building permit allocations to be granted to the County and
86 municipalities without violating the 24-hour hurricane evacuation clearance time
87 requirement enshrined at Section 380.0552, Florida Statutes, and Chapter 28-20, Florida
88 Administrative Code, however that the State of Florida is uncomfortable issuing said 220
89 allocations at this time, as follows:
2of11
3214
90 Monroe County Planning and Environmental Resources Department Senior
91 Director Emily Schemperi: "Option 1, from last month, was to stay within the 24-
92 hour evacuation maximum of 220 for all jurisdictions in the Keys. So this was
93 [the Florida Department of] Commerce's modeled scenario that kept us within 24
94 hours, the maximum countywide was 220 units, 100 of those were modeled for
95 unincorporated Monroe County, and then 40 each for Islamorada, Marathon, and
96 Key West, as affordables for Key West. The chart below is a portion, it's the
97 unincorporated County portion of a chart that we have been using to communicate
98 with the State about the need for the 220 units or the 100 for Monroe County, and
99 it shows how . . . Our current allocations here that are remaining are set to run out
100 at the end of Quarter 2 of 2026. So the red bar starts where we're out of our
101 normal market rate allocations. We do of course have 12 affordable housing and
102 144 administrative relief [allocations] and 214 early evacuation [allocations] that
103 are, or, hopefully soon will be available, for those types of housing. But those are
104 not your general ROGO allocations that your normal everyday applicant for a
105 housing unit is applying for. In pink at the bottom here, if the County were to
106 receive our 100 units from the 220, we would hopefully start those up right after
107 our normal allocations run out, and if we continue at the same rate of distribution
108 as today, it would take us through about a year and a half, almost two years, of
109 additional out-time for allocations, before we would then run out of those.
110
111
112
113 The next two slides are basically a summary of what's been happening over the
114 last week. . . . The County of course requested, through a letter to the State [of
115 Florida], that they approve the 220 units that are already included in the 24-hour
116 evacuation timeframe per their model. We sent that letter in October, staff met
117 with Commerce in October, got positive feedback regarding workforce housing
118 especially. Our request was very specific to match the modeling they had already
119 done to be able to say `Yes, per your model, this shows 24 hours, no need to
120 change the statute.' That was 100 for unincorporated Monroe County, 40 each for
121 Islamorada and Marathon, and Key West. The Key West units were very specific
122 that they would be affordable. And our original intent then was to get approval
123 from the Administration Commission and then we would process Comprehensive
124 Plan amendments. That's what happened with the 1,300 early evacuation
125 [allocation units]. It [i.e., the category of 1,300 early evacuation allocations] was
126 approved by the Administration Commission, and then each jurisdiction
127 processed their local amendments to accept them and figure out how to give them
128 out.
129
130 . . .
131
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.)).
3of11
3215
132 Staff has now been told by the State [of Florida] they are not in favor of even
133 approving those 220 units until all remaining allocations, including administrative
134 relief, have been expended.
135
136 . . .
137
138 The State [of Florida] also told staff that would like the County to give a portion
139 of the County's remaining market rate allocations, which we have stretched out
140 through 2026, and kept in our administrative relief pool, to Marathon and
141 Islamorada who have a more urgent `need' for units. Staff was very clear with
142 [the State of Florida] that staff would not support something like this, because of
143 the long-term liability that the County has. We [the County] have been looking
144 ahead,planning, for this. And have tried to be strategic. We did agree to put this
145 request in front of the Board though, because they were asking.
146
147 Another thing the State requested is that, and this is a little confusing: That the
148 County proceed with a Comprehensive Plan amendment to accept our share of the
149 220 (100 Monroe County allocations)because the Administration Commission is
150 not planning to approve it, but they said `proceed with your Comprehensive Plan
151 amendment.' What that would do is basically force a decision from the State; they
152 did not say it this way, but when we transmit that [Comprehensive Plan]
153 amendment to Florida Commerce, they need to review it and decide if it's
154 consistent with Florida Statute. So staff s in favor of that, we should do what they
155 said, and move forward with that Comprehensive Plan amendment if you want
156 those 100 units, and we'll see how it plays out. That leads me to specific things
157 we're requesting direction on today.
158
159 So number one would be to begin processing that Comprehensive Plan and also a
160 Code amendment to accept our 100 ROGOs.
161
162 And then number two, given that the State is saying they're not in favor of even
163 giving the 220 without us expending all of our units, staff s recommendation and
164 request would be that we bring back to you on December 19 a moratorium
165 through an emergency interim development ordinance, that we put a hold on
166 issuing any more ROGO allocations or taking in any more ROGO applications, it
167 would last about a year while we process amendments that also take our
168 remaining allocations —market rate, and administrative relief— and stretch those
169 out for a longer time-frame.
170
171 If we skip the moratorium and just process an amendment like that it would take a
172 year to complete and at that point we would only have about 30 market rate units
173 left to stretch out.
174
175 So that's why we're requesting a moratorium: Put everything on hold for about a
176 year, the numbers would be (by the time we get to it) about 108 market rate, plus
177 our 144 administrative relief, so a total of 252 [allocations], [and] if we stretched
4of11
3216
178 those out at 40 per year(which again we're trying to stay within the comfort zone
179 but make it as low as possible), 40 per year, that would bring us past the next
180 Census, which is good because there may be more new information and modeling
181 then, it would bring us into about 2032.
182
183 We would of course still have our 12 affordable, and once our amendment goes
184 through with the 214 early evacuation, we could still continue to issue those if
185 there are projects ready to go.
186
187 But this [moratorium] would be for the market rates and also administrative relief.
188
189 At the same time we would be processing that Comprehensive Plan amendment to
190 accept an additional 100 [allocations] that stay within the 24 hours. If that gets
191 accepted [by the State of Florida], then we could modify this timeline, either add
192 to it, or add more years on the end, we can work on that. But our request would be
193 that we take immediate action to protect ourselves if worst case scenario we're
194 not getting any more units at all."
195
196 See Monroe County Board of County Commissioners Meeting (Dec. 11, 2024).
197
198 WHEREAS, Monroe County policies and regulations adopted in the Monroe
199 County Comprehensive Plan and Land Development Code are to maintain the public
200 health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local
201 capability to responsibly manage land use and development; and
202
203 WHEREAS, the Monroe County Comprehensive Plan requires that all
204 "development" must be consistent with the State of Florida's statutory Principles for
205 Guiding Development in the Florida Keys Area of Critical State Concern. Introduction,
206 Monroe County Comprehensive Plan ("[A]ll planning and development within the
207 Florida Keys must be consistent with Sections 380.05 and 380.0552(7), F.S., Principles
208 for Guiding Development."). Accordingly, "development" in Monroe County must be
209 consistent with the following Principles for Guiding Development in the Florida Keys
210 Area of Critical State Concern:
211
212 (g)Protecting the historical heritage of the Florida Keys.
213
214 (1) Making available adequate affordable housing for all sectors of the population
215 of the Florida Keys.
216
217 (n) Protecting the public health, safety, and welfare of the citizens of the Florida
218 Keys and maintaining the Florida Keys as a unique Florida resource.
219
220 Fla. Stat. §§ 380.0552(7)(g), (1), and (n).
221
222 WHEREAS, the statutorily adopted State Comprehensive Plan's Goals and
223 Policies, which provide(s) basic policy direction to all levels of government concerning
5of11
3217
224 "the orderly social, economic, and physical growth of the state", similarly direct(s) the
225 State and Monroe County to conduct their growth management framework and regulatory
226 activities as follows:
227
228 (4)(a) HOUSING.— Goal.— The public and private sectors shall increase the
229 affordability and availability of housing for low-income and moderate-income persons,
230 including citizens in rural areas, while at the same time encouraging self-sufficiency of
231 the individual and assuring environmental and structural quality and cost-effective
232 operations.
233
234 (4)(b)(3.) Policies.— Increase the supply of safe, affordable, and sanitary housing
235 for low-income and moderate-income persons and elderly persons by alleviating housing
236 shortages, recycling older houses and redeveloping residential neighborhoods, identifying
237 housing needs, providing incentives to the private sector to build affordable housing,
238 encouraging public-private partnerships to maximize the creation of affordable housing,
239 and encouraging research into low-cost housing construction techniques, considering life-
240 cycle operating costs.
241
242 (5)(b)(2)(c.) HEALTH.— Policies.— Government shall ensure that future growth
243 does not cause the environment to adversely affect the health of the population.
244
245 (6)(a) PUBLIC SAFETY.— Goal.— Florida shall protect the public by preventing,
246 discouraging, and punishing criminal behavior, lowering the highway death rate, and
247 protecting lives and property from natural and manmade disasters.
248
249 (6)(b)(22.)Policies.—Require local governments, in cooperation with regional and
250 state agencies, to prepare advance plans for the safe evacuation of coastal residents.
251
252 (6)(b)(23.)Policies.—Require local governments, in cooperation with regional and
253 state agencies, to adopt plans and policies to protect public and private property and
254 human lives from the effects of natural disasters.
255
256 (15) LAND USE.— Goal.— In recognition of the importance of preserving the
257 natural resources and enhancing the quality of life of the state, development shall be
258 directed to those areas which have in place, or have agreements to provide, the land and
259 water resources, fiscal abilities, and service capacity to accommodate growth in an
260 environmentally acceptable manner.
261
262 (15)(b)(1.) Policies.— Promote state programs, investments, and development and
263 redevelopment activities which encourage efficient development and occur in areas
264 which will have the capacity to service new population and commerce.
265
266 Fla. Stat. §§ 187.101(1), 187.201(4)(a), 187.201(4)(b)(3.), 187.201(5)(b)(2.)(c.),
267 187.201(6)(a), 187.201(6)(b)(22.), 187.201(6)(b)(23.), 187.201(15), and
268 187.201(15)(b)(1.).
269
6of11
3218
270 WHEREAS, the legislative intent of the Florida Keys Area Protection Act
271 includes:
272
273 (b) Establish a land use management system that conserves and promotes the
274 community character of the Florida Keys.
275
276 (d) Provide affordable housing in close proximity to places of employment in the
277 Florida Keys.
278
279 (e) Establish a land use management system that promotes and supports a diverse
280 and sound economic base.
281
282 (j)Ensure that the population of the Florida Keys can be safely evacuated.
283
284 Fla. Stat. §§ 380.0552(2)(b), (d), (e), and(j).
285
286 WHEREAS, the Monroe County Board of County Commissioners finds,
287 concludes, and adopts as the basis for, intent and purpose of the adoption of this
288 ordinance the local and state laws of Monroe County and Florida cited and memorialized
289 at the above and foregoing first, second, seventh, ninth, tenth, eleventh, and twelfth
290 prefatory recitals to this ordinance; and
291
292 WHEREAS, the Monroe County Board of County Commissioners concurs with,
293 approves, and adopts as the basis for, intent and purpose of the adoption of this ordinance
294 the considered analysis and explanation articulated by Monroe County professional staff
295 cited and memorialized at the above and foregoing eighth prefatory recital to this
296 ordinance; and
297
298 WHEREAS, the above and foregoing prefatory recitals to this ordinance setting
299 forth the express basis for, intent and purpose of adoption of this ordinance constitute a
300 non-exhaustive list of the conceivable rational and legitimate reasons for the adoption of
301 this ordinance; and
302
303 WHEREAS, an ordinance addressing the interim time period between the current
304 adopted Land Development Code and Comprehensive Plan and the adoption of any new
305 amendment(s) is necessary to ensure that any new Comprehensive Plan and Code
306 requirements are fully and responsibly evaluated to ensure the public health, safety, and
307 welfare of the citizens of unincorporated Monroe County; and
308
309 WHEREAS, the Monroe County Board of County Commissioners hereby finds
310 and concludes that all of these foregoing bases for and that the intent and purpose of
311 adopting this ordinance accordingly has an eminent foundation in reason and has a
312 substantial relation to the public health,public safety, and the public welfare; and
313
314 WHEREAS, the Monroe County Board of County Commissioners hereby finds
315 and concludes that, therefore, there is an eminently rational relationship between the
7of11
3219
316 adoption of this ordinance and myriad conceivable legitimate governmental objective(s)
317 and that such finding and conclusion is not beyond fair debate; and
318
319 WHEREAS, the Monroe County Board of County Commissioners hereby finds
320 and concludes that the finite moratorium enumerated herein is rationally related to the
321 County's sensible and prudent attempt to preserve the status quo while it formulates
322 and/or works toward adoption of regulatory land use framework amendments during said
323 moratorium; and
324
325 WHEREAS, "[i]t is well-settled that permissible bases for land use" regulations
326 "include concern about the effect of development "on traffic, on congestion, on
327 surrounding property values, on demand for" local public "services, and on other aspects
328 of the general welfare. It is" further "within the power of the [local] legislature to
329 determine that the community should be beautiful as well as healthy, spacious as well as
330 clean, well-balanced as well as carefully patrolled." WCI Communities, Inc. v. City of
331 Coral Springs, 885 So. 2d 912, 915 (Fla. 4fh DCA 2004); and
332
333 WHEREAS, "temporary moratoria are widely used among land-use planners to
334 preserve the status quo while formulating a more permanent development strategy[.]"
335 WCI Communities, Inc., 885 So. 2d at 915-16 (Fla. 4fh DCA 2004) (internal citation
336 omitted); and
337
338 WHEREAS, Monroe County desires to impose a temporary moratorium upon
339 certain development, development applications, and/or activities and/or applications
340 associated with development as described more particularly in the title of this ordinance
341 and further below, due to pending quasi-legislative policy formulation and/or policy
342 adoption more particularly described at the above first, second, seventh, eighth, ninth,
343 tenth, eleventh, and twelfth prefatory recitals to this ordinance;
344
345 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
346 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
347
348 Section I. Recitals. The foregoing title, recitals, findings of fact, statements of local
349 quasi-legislative purpose and intent, and conclusions of law are true and
350 correct and are hereby incorporated as if fully stated herein.
351
352 Section 2. The Monroe County Board of County Commissioners ("Monroe County",
353 "BOCC", "Board", or the "County") finds and concludes that approval
354 and adoption of this ordinance in fact and law will greatly benefit the
355 health, safety, and welfare of the public at-large.
356
357 Section 3. Moratorium Imposed. Monroe County professional staff shall defer the
358 acceptance of, receipt of, and/or approval of market rate ROGO ("Rate of
359 Growth Ordinance") applications, commencing January 16, 2025, until the
360 Board can review and possibly amend the Monroe County Land
361 Development Code and/or Comprehensive Plan regarding the allocation
8of11
3220
362 and permitting of residential development. This temporary moratorium
363 shall be applied and enforced as more particularly enumerated below:
364
365 (a) New ROGO Applications for market rate and/or affordable allocations
366 will continue to be received and accepted through January 151h 2025.
367 (b) No new ROGO Applications for market rate and/or affordable
368 allocations will be received or accepted following January 15th 2025.
369 (c) No Revisions of ROGO Applications will be received or accepted
370 following January 151h 2025.
371 (d) ROGO Awards for market rate and/or affordable allocations for
372 ROGO Year 33, Quarter 2 will be considered and approved by the
373 Planning Commission, as per normal distribution schedule.
374 (e) No ROGO Awards for market rate and/or affordable allocations will
375 be considered or approved for ROGO Year 33, Quarter 3 or any
376 quarter that follows, until the temporary moratorium expires.
377 (f) No new applications for Administrative Relief will be received or
378 accepted following January 15th 2025.
379 (g) Applications for Administrative Relief received and accepted through
380 January 15th, 2025, will be processed according to normal procedures
381 during the temporary moratorium.
382 (h) ROGO Applications that become eligible for Administrative Relief
383 during the temporary moratorium will be notified of eligibility upon
384 expiration of the temporary moratorium and given the opportunity to
385 submit an Administrative Relief application at that time.
386 (i) No new Reservations of affordable ROGO allocations shall be
387 approved by the BOCC after January 15th, 2025. Extensions of
388 existing Reservations may be approved by the BOCC during the
389 temporary moratorium.
390 (j) Current,previously submitted and accepted ROGO Applications shall
391 continue to accrue perseverance points during the temporary
392 moratorium,per the adopted rate of accrual for each particular
393 application.
394 (k) Property owners may continue to submit Building Permit applications
395 for new dwelling units during the temporary moratorium. However, in
396 the event that the Florida Building Code and/or a FEMA flood
397 insurance rate map (FIRM) is amended during the temporary
398 moratorium, if necessary, the applicant shall submit plan revisions to
399 the building permit application demonstrating full compliance with the
400 current Florida Building Code and the adopted FIRM in effect.
401 (1) Building permit applications that are reviewed during the temporary
402 moratorium and determined to be "ready" to submit a ROGO
403 application shall be given 180 days following expiration of the
404 moratorium to submit the ROGO application. If no ROGO application
405 is submitted within this timeframe, the building permit application is
406 subject to expiration unless an extension is obtained from the Building
407 Official.
9of11
3221
408 (m) Building permit applications for which the deadline to submit a
409 ROGO application falls within the temporary moratorium will be
410 given a new deadline of 180 days following expiration of the
411 moratorium to submit the ROGO application.
412
413 Section 4. Temporary Nature of Moratorium. This moratorium is temporary and
414 shall automatically expire after 365 days' passage following the adoption
415 of this Ordinance or shall automatically expire when all above-referenced
416 forthcoming Land Development Code and Comprehensive Plan
417 amendments have been fully and finally adopted, whichever occurs first. In
418 no event shall the moratorium imposed by this ordinance extend beyond
419 365 days from the adoption of this Ordinance. This Section does not
420 foreclose the right and power of the Board to extend this temporary
421 moratorium in order to effectuate the adoption and legal effectiveness of
422 the above-referenced Land Development Code and Comprehensive Plan
423 amendments in progress.
424
425 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of
426 Provisions. If any provision of this Ordinance, or part or any portion
427 thereof, is held to be invalid or unenforceable in or by any administrative
428 hearing officer or court of competent jurisdiction, the invalidity or
429 unenforceability of such provision, or any part or portion thereof, shall
430 neither limit nor impair the operation, enforceability, or validity of any
431 other provision of this Ordinance, or any remaining part(s) and/or
432 portion(s) thereof. All other provisions of this Ordinance, and remaining
433 part(s) and/or portion(s) thereof, shall continue unimpaired in full force
434 and effect.
435
436 Section 6. Captions and Paragraph Headings. Captions and paragraph headings,
437 where used herein, are inserted for convenience only and are not intended
438 to descriptively limit the scope and intent of the particular paragraph or
439 text to which they refer.
440
441 Section 7. Conflicting Provisions. All ordinances or parts of ordinances in conflict
442 with this Ordinance are hereby repealed to the extent of said conflict. The
443 repeal of an ordinance herein shall not repeal the repealing clause of such
444 ordinance or revive any ordinance which has been repealed thereby.
445
446 Section 8. Transmittal. This Ordinance shall be transmitted to the Florida State
447 Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
448
449 Section 9. Effective Date. This Ordinance shall become effective as provided by the
450 general law requirements for ordinance adoption within the Florida Keys
451 Area of Critical State Concern enumerated at Chapters 163 and 380,
452 Florida Statutes.
453
10 of 11
3222
454 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
455 County, Florida, at a regular meeting held on this 15'h day of January, 2025.
456
457 Mayor James K. Scholl, District 3
458 Mayor Pro Tem Michelle Lincoln, District 2
459 Commissioner Craig Cates, District 1
460 Commissioner Holly Merrill Raschein, District 5
461 Commissioner David Rice, District 4
462
463
464 By:
465 Mayor James Scholl
466 (SEAL) MONnOEQ �A" " EY
467 FORM
468
., 4 q
,v..� ,. X' ....... .....
469 ATTEST: KEVIN MADOK, CLERK -- � � �EA I �- �
470 ASSISTANT COUNTY ATTORNEY
471 Date:
472 AS DEPUTY CLERK
11 of 11
3223
AOIIU,
BUSINESS IMPACT ESTIMATE'
Meeting Date: 01/15/2025
Proposed Ordinance Title/Reference: The purpose of this ordinance is to defer the acceptance of or receipt
of or approval of new market rate and affordable Rate of Growth Ordinance("ROGO")applications beyond
January 15rh,2025, ROGO awards beyond Y33 Q2,ROGO application revisions beyond January 15',2025,
remaining affordable housing ROGO reservations, and applications for administrative relief ROGO awards
beyond January 15',2025,until the Monroe County Board of County Commissioners can review and possibly
amend the Monroe County Comprehensive Plan("CP") and/or Land Development Code("LDC")regarding
the allocation and permitting of residential development,in order to formulate and possibly adopt one or more
amendments to the LDC and/or CP in order not to run out of allocations and spread out the allocations over a
longer period of time and to adopt and implement a"Workforce Market Rate Housing"category,all as more
particularly explicated below.
The Proposed Ordinance ❑ does ® does not fall under one of the followinu enumerated exceptions:!
❑ The proposed ordinance is required for compliance with Federal or State law or regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget amendments,including revenue
sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement, including, but not
limited to, any Federal, State, local, or private grant or other financial assistance accepted by the
county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits,as those terms are defined in s. 163.3164,
and development agreements, as authorized by the Florida Local Government
Development Agreement Act under ss. 163.3220-163.3243;
b. Comprehensive plan amendments and land development regulation amendments initiated
by an application by a private party other than the county;
c. Sections 190.005 and 190.046, Florida Statutes, regarding community development
districts;
d. Section 553.73,Florida Statutes,relating to the Florida Building Code;or
e. Section 633.202,Florida Statutes,relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served: This interim
development ordinance("IDO" or the"ordinance")will defer the acceptance of or receipt of or approval of
new market rate and affordable Rate of Growth Ordinance("ROGO")applications beyond January 15',2025,
ROGO awards beyond Y33 Q2,ROGO application revisions beyond January 15',2025,remaining affordable
housing ROGO reservations, and applications for administrative relief ROGO awards beyond January 15rh
2025,until the Board of County Commissioners(`BOCC")can review and possibly amend the Monroe County
Land Development Code("LDC")and/or Comprehensive Plan("CP")regarding the allocation and permitting
of residential development, in order to formulate and possibly adopt one or more amendments to the LDC
and/or CP in order not to run out of allocations and spread out the allocations over a longer period of time,in
view of whether any of the 220 allocations(100 to the County),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,will be
issued,and/or any other allocations(in excess of the mandatory 24-hour hurricane evacuation clearance time)
are being issued.The County has also begun the necessary steps to establish a new category of housing within
the Monroe County CP and LDC, "Workforce Market Rate Housing", which would be limited to use and
occupancy by those who derive at least 70 percent of their income as members of the Workforce in Monroe
County,gainfully employed providing goods and/or services to Monroe County residents or visitors. Spreading
ROGO allocations over a longer time-frame will benefit the visitors to and residents and taxpayers of Monroe
County by,including but not limited to,staving off potential lawsuits in the event there are no more allocations
in addition to the existing number the County already has,and allowing for the adoption and implementation
of the"Workforce Market Rate Housing"category. The County has a substantial in ensuring and protecting
the health, safety,and welfare of the public pursuant to Fla. Star. §§ 380.0552(7)(g), (1),and(n), Fla. Star. §
187.101(1), Fla. Star. §§ 187.201(4)(a), (4)(b)(3.), (5)(b)(2.)(c.), (6)(a), (6)(b)(22.), (6)(b)(23.), (15), and
(15)(b)(L),and Fla. Star. §§380.0552(2)(b),(d),(e),and 0).
Business impact statement must be posted on the county's website no later than the date the notice of proposed enactment is published.
2 F.S.125.66(3)(c)(2023)
3224
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs: This ordinance is not intended to directly impact any
businesses.To the extent of a putative indirect business impact,de minimislnone.
b. New Charges/Fees on Businesses Impacted: There are no new charges or fees included within this
ordinance.
c. Estimate of Regulator:This ordinance is neither intended to enact any regulatory costs nor intended
to impact any businesses.
Good Faith Estimate of Number of Businesses Likely Impacted: Monroe County staff estimates that
businesses are not likely to be impacted by this ordinance.
Any Additional information:N/A.
3225
N
N
M
CY
a
a
a
a
CY
a
o a
a
a
a
m a
a
a
CY
a
a
a
a
CY
a
a
a
a
CY
a
a
a �
a� rn'
E
E
o a
E
a
l
r � yro
m 3
o d
o
d