HomeMy WebLinkAboutItem Q4 Q4
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
April 16, 2025
Agenda Item Number: Q4
2023-3866
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
to the State Land Planning Agency an Ordinance by the Monroe County Board of County
Commissioners Amending the Future Land Use Element and the Housing Element of the 2030 Monroe
County Comprehensive Plan to Eliminate the 1-for-1 Takings and Bert Harris Act Liability Mitigation
Exchange Requirement for the Remaining 214 Workforce Affordable Housing Early Evacuation Unit
Building Permit Allocations.
ITEM BACKGROUND:
On April 21, 2021, the Monroe County Board of County Commissioners ("BOCC" or "Board") adopted
BOCC Ordinance No. 005-2021 (the "2021 ordinance") amending the Future Land Use Element and the
Housing Element of the Monroe County Comprehensive Plan to limit use of the 300 early evacuation
unit allocations to inverse condemnation and Bert Harris Act liability reduction exchange program
disposition whereby an early evacuation unit allocation's allowed use is expressly limited as follows:
"Requests for workforce housing early evacuation unit allocations shall be available only for a 1-
for-1 exchange for affordable allocations/exemptions . . . The affordable allocations returned to
the County in exchange for workforce housing early evacuation unit allocations shall be banked
and used for future administrative relief, beneficial use determinations and to resolve inverse
condemnation cases and Bert J. Harris Jr. Private Property Rights Protection Act cases."
See Ordinance No. 005-2021, at Comprehensive Plan Policies 101.3.12(a)-(a)(1).
The Board (on or about September 11, 2024) has since directed professional staff to prepare an item to
amend the Comprehensive Plan to eliminate the above restriction, which it enacted under the original
2021 ordinance, for the remaining 214 workforce affordable housing early evacuation unit building
permit allocations.
The Board, by and through the Planning & Environmental Resources Department("Department"), is
now proposing amendments to the Future Land Use Element("FLUE") and the Housing Element of the
Comprehensive Plan to eliminate the above restriction on the 214 workforce affordable housing early
2767
evacuation unit building permit allocations.
This proposed amendment will result in promoting potential development of new workforce affordable
housing early evacuation units (with various income limits) and reducing the availability of allocations
that would otherwise be potentially available through administrative relief to resolve inverse
condemnations (takings) and Bert Harris Act lawsuits.
"PLEASE SEE ATTACHED STAFF REPORT FOR FULL DETAILS"
PREVIOUS RELEVANT BOCC ACTION:
On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
which included a ROGO allocation distribution through the year 2023, based on Rule 28-20.140,
F.A.C., and the Department of Economic Opportunity's completion of the hurricane evacuation
clearance time modeling task that found with 10 years'worth of building permits, the Florida Keys
would be at a 24 hour evacuation clearance time(Phase 2 of the 48-hr phased/staged evacuation).
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
The proposed initiative would allow 1,300 additional Rate of Growth Ordinance(ROGO) allocations
throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
hurricane evacuation. Any development receiving the units would be required to sign a rental
management agreement indicating they would be required to assure the evacuation of all occupants of
the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
units. The press release specifically stated, "To meet the increased demand for workforce housing, the
innovative Keys Workforce Housing Initiative will require new construction that participates to commit
to evacuating renters in the 48-hour window of evacuation."
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys' local governments that choose to participate in the initiative are to work with DEO to
amend their respective comprehensive plans to allow for additional building permits for rental
workforce housing with the condition of early evacuation.
On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
Department of Economic Opportunity("DEO") for a Keys Workforce Housing Initiative. The proposed
initiative would allow 1,300 additional Rate of Growth Ordinance(ROGO) allocations throughout the
Florida Keys (ROGOs or Building Permit Allocation Systems).
Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
2768
Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
concerns identified with DEO and provide an update to the BOCC at the next meeting.
On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
the Board that they have a cabinet meeting scheduled for June 13, 2018 to discuss the allocations
further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
Florida Keys'local governments that choose to participate in the initiative will work with DEO to
amend their respective comprehensive plans to allow for additional building permits for rental
workforce housing with the condition of early evacuation.
On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
state's initiative that address several concerns raised related to the enforceability of the evacuation
provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
Keys Workforce Housing Initiative, which, if implemented, would create a precedent that would require
the state to award as many as 10,000 additional units in the future.
On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
options for consideration by the BOCC:
1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
2026;
2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026;
and
3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
The BOCC directed staff to extend ROGO allocations through 2026, but took no action regarding the
300 early evacuation affordable ROGOs.
2769
On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
out for an additional three (3)years from 2023 to 2026.
On January 22, 2020, the BOCC directed staff to prepare an agenda item to discuss and provide
direction on whether to direct staff to process Comprehensive Plan and Land Development Code
amendments to: 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO)units to the
affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the
Department of Economic Opportunity(DEO)required to evacuate in Phase 1 of the Hurricane
Evacuation model.
On February 19, 2020, the BOCC discussed whether to direct staff to process a comprehensive plan and
land development code amendment to: 1) move a portion of the 378 remaining Market Rate- Rate of
Growth Ordinance (ROGO)units through 2026 to the Affordable Housing allocation pool and/or 2)
accept the 300 Workforce Housing units offered by the Department of Economic Opportunity(DEO)
required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
process to accept the 300 workforce housing units.
On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
affordable housing pool(agenda item I5), the BOCC provided further direction to staff on accepting the
300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
the 300 workforce housing early evacuation unit building permit allocations to be used in exchange for
existing affordable allocations at multifamily developments (for developers that agree to the early
evacuation restriction) and the affordable housing allocations returned to the County (returned in the
exchange) be set aside and banked for takings cases (bank them within an administrative relief pool).
On January 20, 2021, the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to Policy
101.3.12 to eliminate the requirement for a development agreement. With the 300 unit amendment
being structured as an exchange program, the projects exchanging units have previously completed their
development review and multiple hearings for a development agreement seems unnecessary, time
consuming and costly. The BOCC and staff can review approve the exchange through a resolution
approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
Department does not identify any objections or comments to the proposed amendment."
On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
of existing affordable units/approved affordable allocations. Additionally, the Ordinance includes
provisions that allow the returned affordable units/allocations to be banked to resolve potential takings
cases.
2770
At the September 11, 2024 Board of County Commissioners (BOCC) Meeting, the BOCC approved
transmittal to the State Land Planning Agency (Florida Department of Commerce) an ordinance that
allows Cemex Construction Materials Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86
early evacuation unit building permit allocations on one site in Tavernier without meeting the
requirement of the 1-for-1 takings and Bert Harris Act liability reduction exchange required by the
current Comprehensive Plan and Land Development Code.
At the September 11, 2024 BOCC meeting, the BOCC additionally directed Planning & Environmental
Resources Department professional staff to begin processing Comprehensive Plan and Land
Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
reduction exchange requirement for the remaining 214 early evacuation unit building permit
allocations.
At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
reduction exchange required by the current Comprehensive Plan and Land Development Code.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
2024-213.Ex.A.to.Reso.Ordinance.D FT.docx
2024-213_BOCC_SR_04.16.2025.pdf
Ex. 1_Ciov.Scott_Press_Release.pdf
Ex. 2 DEO_DRAFT_Language_WOMUORCE-DRAFT
Original Ordinance - Ordinance No. 005-2021 (CPAmendment -Adopted by BOCC Apr. 21, 2021).pdf
2023-244_Transmittal_Reso.pdf
FINANCIAL IMPACT:
N/A
2771
EXHIBIT A TO RES. NO. -2025
2 18 l
3 4
,� :.
R
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2025
11
12 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
14 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
15 LAND USE ELEMENT AND THE HOUSING ELEMENT TO MODIFY
16 THE REQUIREMENTS RELATED TO THE 300 KEYS AFFORDABLE
17 WORKFORCE HOUSING INITIATIVE EARLY EVACUATION UNIT
18 BUILDING PERMIT ALLOCATIONS CREATED-BY THE GOVERNOR
19 OF FLORIDA, ATTORNEY GENERAL OF FLORIDA, CHIEF
20 FINANCIAL OFFICER OF FLORIDA, AND FLORIDA AGRICULTURE
21 COMMISSIONER ACTING IN THEIR CAPACITY AS THE FLORIDA
22 ADMINISTRATION . COMMISSION BY REMOVING THE I-FOR-I
23 TAKINGS AND BERT HARRIS ACT LIABILITY REDUCTION
24 EXCHANGE REQUIREMENT BY AMENDING, AS WELL AS
25 CLARIFYING, POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4,
26 101.3.10, 101.3.11, 101.3.11, 601.I,,601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1;
27 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
28 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
29 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
30 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
31 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
32 FOR AN EFFECTIVE DATE. (FILE NO. 2024-213)
33
34
35 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
36 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
37 health, safety, and welfare of the County's citizens; and
38
39 WHEREAS, Section 380.0552, F.S., the Florida Keys Area protection and designation as
40 area of critical state concern, establishes the intent to "ensure that the population of the Florida
41 Keys can be safely evacuated," [380.0552(2)(j), F.S.] and requires that amendments to each local
42 government's comprehensive plan to include "goals, objectives, and policies to protect public
Ordinance No. -2025 Page 1 of 18
File 2024-213
2772
I safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation
2 clearance time for permanent residents of no more than 24 hours; and
3
4 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
5 Ordinance (ROGO) in order to provide for the safety of residents in the event of a hurricane
6 evacuation and to protect the significant natural resources of Monroe County, as required by the
7 State of Florida; and
8
9 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
10 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
11 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
12 throughout the Florida Keys for rental workforce housing, with a condition that the rental
13 occupants evacuate in the early phase (48-hour window)of a hurricane evacuation; and
14
15 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
16 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
17 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
18 6.5 hours in Phase I; and
19
20 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
21 by geographic and environmental features,housing supply limited by controlled growth(ROGO)
22 and a tourism economy with a prevalence of lower paying service-sector employment, and
23
24 WHEREAS, the need to protect and preserve an adequate inventory of
25 affordable/workforce accessible housing is a continual as well as a growing challenge in the
26 Florida IKys,'particulrly after the impacts of Hurricane Irma which caused significant damage to
27 housing units throughout the Florida Keys; and
28
29 WHEREAS, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the
30 acceptance of the 300 early evacuation allocations from the State and to allow said allocations be
31 used in exchange of existing affordable units/ approved affordable allocations. Additionally, the
32 Ordinance includes provisions that allow the returned affordable units / allocations to be banked
33 to resolve potential takings cases; and
34
35 WHEREAS, at the September 11, 2024 BOCC meeting, the BOCC additionally directed
36 Planning & Environmental Resources Department professional staff to begin processing
37 Comprehensive Plan and Land Development Code text amendments to eliminate the 1-for-1
38 takings and Bert Harris Act liability reduction exchange requirement for the remaining 214 early
39 evacuation unit building permit allocations;
40
Ordinance No. -2025 Page 2 of 18
File 2024-213
2773
I WHEREAS, Monroe County policies and regulations adopted in the Monroe County
2 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
3 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
4 manage land use and development; and
5
6 WHEREAS, on December 12, 2024, a community meeting was held, as required by LDC
7 Section 102-159(b)(3),to discuss the proposed Comprehensive Plan and Land Development Code
8 text amendments, and to provide for public participation; and
9
10 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
11 considered the proposed amendment at a regularly scheduled meeting held on February 18, 2025;
12 and
13
14 WHEREAS,the Monroe County Planning Commission ("Planning Commission") held a
15 public hearing on the 26 h day of March, 2025, for review and recommendation on the proposed
16 Comprehensive Plan text amendment; and
17
18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P11-25
19 recommending approval to eliminate the 1-for-1 takings and Bert Harris Act liability reduction
20 exchange requirement for the remaining 214 early evacuation unit building permit allocations and
21 amend Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.41101.3.10, 101.3.11, 101.3.12,
22 and 601.1.8; and
23
24 WHEREAS, the Monroe County Board of County Commissioners is authorized by
25 Section 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business
26 regulations as are necessary for the protecti6n,of the public; and
27
28 WHEREAS, at a regularly scheduled meeting held on April 16, 2025,the Monroe County
29 Board of County Commissioners held a public hearing, considered the staff report, and provided
30 for public comment and public participation in accordance with the requirements of state law and
31 the procedures adopted for public participation in the planning process; and
32
33 WHEREAS, at the April 16, 2025,public hearing, the BOCC adopted Resolution
34 -2025, transmitting the proposed text amendment to the State Land Planning Agency; and
35
36 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
37 Objections, Recommendations and Comments (ORC)report on received by the
38 County on ; and
39
40 WHEREAS,the ORC report <did/did not> identify any objections, recommendations, or
41 comments; and
Ordinance No. -2025 Page 3 of 18
File 2024-213
2774
I WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
2 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
3
4 WHEREAS, at a regularly scheduled meeting on the day of the
5 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
6 amendment;
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
11 manage land use and development; and
12
13 WHEREAS, based upon the documentation submitted and information provided in the
14 accompanying staff report, the Monroe County Beard of County Commissioners makes the
15 following Conclusions of Law:
16 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
17 Monroe County Year 2030 Comprehensive Plan; and
18 2. The proposed amendment is consistent with the Principles for Guiding Development for
19 the Florida Keys Area of Critical State Concern,,See. 380.0552(7), F.S.; and
20 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows:
26
Proposed Amendment: deletions area; additions are shown in underlined.
27
28 Objective 101.2
29 As mandated by the State of Florida,pursuant to Section 380.0552, F.S. and Rule 28-20.140,
30 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
31 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
32 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
33 adopted between the County and all the municipalities and the State agencies.
34
35 Policy 101.2.1
36 Monroe County shall maintain a memorandum of understanding with the State Land
37 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
38 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
39 data and analysis,the input variables and assumptions, including regional considerations,
40 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
41 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
42 clearance times for the population of the Florida Keys.
43
44
Ordinance No. -2025 Page 4 of 18
File 2024-213
2775
I Policy 101.2.2
2 Monroe County shall coordinate with all the municipalities, the State Land Planning
3 Agency and Division of Emergency Management to update the variables and assumptions
4 for the evacuation clearance time modeling and analyses of the build-out capacity of the
5 Florida Keys Area of Critical State Concern based upon the release of the decennial
6 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
7 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
8 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
9 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
10 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
11 of annual allocations for market rate development to extend the allocation timeframe to
12 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
13 shall reevaluate the annual ROGO allocation, rate based on: 1) statutory changes for
14 hurricane evacuation clearance time requirement standards; 2) new hurricane evacuation
15 modeling by the State Land Planning Agency and Division of Emergency Management;
16 and 3) a new or revised memorandum of understanding with the State Land Planning
17 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key
18 Colony Beach and Layton (see Policy 101.2.1).
19
20 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12,
21 Monroe County shall establish,la new allocation category to accept and award 300
22dorcfl ..
Nc workforce housing earlyeyacuation unit building permit allocations pursuant
23 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
24 These allocations are in addition to the maximum allocations identified in Rules 28-20,
25 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
26 major hurricane.
27
28 Policy 101.2.3
29 The County will consider capital improvements based upon the need for improved
30 hurricane evacuation clearance times, including potential impacts from sea level rise to
31 the County's evacuation route. The County will coordinate with the FDOT, the state
32 agency which maintains U.S.1, to ensure transportation projects that maintain and
33 improve clearance times are prioritized.
34
35 Policy 101.2.4
36 In the event of a pending major hurricane (Category 35) Monroe County shall
37 implement the following staged/phased evacuation procedures to achieve and maintain
38 an overall 24-hour hurricane evacuation clearance time for the resident population.
39 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
40 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
41 vessels (transient and non-transient), military personnel, units approved; and deed
42 restricted as fff orcl iNc workforce housing early evacuation units from the Florida
43 Keys shall be initiated. State parks and campgrounds should be closed at this time or
44 sooner and entry into the Florida Keys by non-residents should be strictly limited.
45 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
46 of mobile home residents, special needs residents, and hospital and nursing home
47 patients from the Keys shall be initiated.
Ordinance No. -2025 Page 5 of 18
File 2024-213
2776
1 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
2 evacuation of permanent residents by evacuation zone (described below) shall be
3 initiated. Existing evacuation zones are as follows:
4 a) Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
5 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
6 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
7 63)
8 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
9 63-106.5 and MM 1-9.5 of CR 905)
10 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
11
12 The actual sequence of the evacuation by zones will vary depending on the individual
13 storm. The concepts embodied in this staged evacuation procedures should be embodied
14 in the appropriate County operational Emergency Management Plans.
15 The evacuation plan shall be monitored and updated on an annual basis to reflect
16 increases, decreases and or shifts in population;particularly the resident and non-resident
17 populations.
18
19 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
20 of allocations to more than 197 residential units a year, except for affordable housing.
21 Any increase in the number of allocations shall be for affordable housing.Monroe County
22 hereby accepts 300 �dd��r,�;l �g� (;c workforce �4°�°����� a4ale) housing early evacuation unit
� �
23 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
24 (Policy 101.3.12, Workforce Initiative) authorized by the Florida Administration
T .: � 2. , and the � vite ]L����cfl
25 Commission ��( ���.c icy 1"7, ����� �;�d° � ���„p� �� ...
26 F�of4d'i...D p�ftaic ...yc�� �c ��; ) p�����u ti4 These clew cYcic�:�cltwtl.... .
� � � � �. � allocations are in
27 addition to the maximum allocations identified in Rules 28-20, F.A.C., gicl shall be
28 restricted to rental occupancy for those who derive at least 70% of their income as
29 members of the workforce in Monroe County and who meet the affordable housing
30 income categories of the Monroe County Land Development Code. The c�idy
31 allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation is (Iccl
1 G(�. " y ���° � � �� � No new additional residential dwelling
tl 1)o� icy �..::32 u '
33 unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
34 approved and provided b the Floridaite L uicl
pp p y orida Administration Commission and the
35 1)� U lit(g Aggllcy F:p..efit'I'l ..Pe[')'1qR1e4 keotlo iluc 0p[)04H:fJ4y after review of hurricane
36 evacuation modeling results by the State Land Planning Agency and the Division of
37 Emergency Management of available evacuation capacity and a review of the level of
38 service and available capacity for all public facilities.
39
40 Objective 101.3
41 Monroe County shall regulate new residential development based upon the finite carrying
42 capacity of the natural and man-made systems and the growth capacity while maintaining a
43 maximum hurricane evacuation clearance time of 24 hours.
44
45 Policy 101.3.1
46 Monroe County shall maintain a Permit Allocation System for new residential
47 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
Ordinance No. -2025 Page 6 of 18
File 2024-213
2777
I Permit Allocation System shall limit the number of permits issued for new residential
2 dwelling units. The ROGO allocation system shall apply within the unincorporated area
3 of the county, excluding areas within the county mainland and within the Ocean Reef
4 planned development (Future development in the Ocean Reef planned development is
5 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
6 recognized and issued by the Department of Community Affairs). New residential
7 dwelling units included in the ROGO allocation system include the following: affordable
8 housing units; market rate dwelling units; mobile homes; institutional residential units
9 (except hospital rooms) and yid"d°orcl i Vc workforce housing early evacuation units.
10
11 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
12 a distinct location, and therefore cannot be accounted for in the County's hurricane
13 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
14 or associated wet slips be transferred upland or converted to a dwelling unit of any other
15 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
16 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
17 Exemption).
18
19 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
20 units; and seasonal residential units are subject to Policy 101.3.5.
21
22 For purposes of this Policy,the redevelopment or replacement of any lawfully established
23 unit within the Venture out community, which is located in the Lower Keys at MM23 on
24 Cudjoe Key, that does not increase the number of units, above that which existed on or
25 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
26 Policies 10 1.3 5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
27 Out may be developed as either detached dwelling, mobile home or recreational vehicle
28 use through the approval of,a building permit,provided the following are met:
29 1; To not increase the hurricane evacuation clearance time of permanent
30 residents, in the event of ,4, pending major hurricane (Category 35), a
31 mandatory evacuation of all occupants of units within Venture Out,regardless
32 of unit type, is required at least 48 hours in advance of tropical storm winds.
33 Approximately 48 hours in advance of tropical storm winds, a mandatory
34 evacuation of occupants residing in a permanent unit shall be initiated and a
35 mandatory evacuation of both the occupants of recreational vehicles (RVs)
36 and the RVs shall be initiated;
37 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
38 detached dwelling (permanent), mobile home (permanent) and recreational
39 vehicles (transient) uses may occur only within the gated Venture Out
40 community with a managing entity responsible for evacuation;
41 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
42 prohibited;
43 4. Recreational Vehicles must meet all land development regulations, floodplain
44 management regulations and any building code requirements for recreational
45 vehicles;
Ordinance No. -2025 Page 7 of 18
File 2024-213
2778
1 5. A recreational vehicle must have current licenses required for highway travel,
2 be attached to the site only by the quick disconnect-type utilities, and no
3 permanent additions such as sun rooms or state rooms shall be permitted;
4 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
5 regardless of use type,within the Venture Out community may be transferred
6 to another site outside of the Venture Out community; and
7 7. In no case shall recreational vehicles (transient units) be developed as a
8 hotel/motel.
9
10 Policy 101.3.2
11 The number of permits issued for residential dwelling units under the Rate of Growth
12 Ordinance shall not exceed a total of 1,970 new allocions for the time period of July 13,
13 2013 through July 12,2026,plus any available,unused ROGO allocations from aprevious
14 ROGO year and 300 ,ffforcl i c workforce housing early evacuation unit building permit
15 allocations authorized by the Florida Administration Commission,, �p ;�: 7G97 1 7.
g g- u!�Y...FlEwp is kc"wlwlll e
p����iti4 A ROGO year means the twelve-month 17 ��������� q ��� � ,��� period beginning on July 13.Market
18 rate allocations shall not to exceed 126 residential units per year. Unused allocations for
19 market rate shall be available for Administrative Relief.
20
21 In 2012 pursuant to Rule 28-20.440y .A.C.F the uvit e L gicl..,11V,Mtjgg) Aggjjcy Dep,14ffi tlt
..
22 ol, 1 cewlo�il�c completed the hurricane evacuation clearance time modeling
23 task and found that with 10 years"worth,ofbuilding permits, the Florida Keys would be
24 at a 24 hour evacuation clearance time. This creates challenges for State of Florida and
25 Monroe County as there are 8,168 privately oWried vacant parcels [3,979 Tier I; 393 Tier
26 II, 260 Tier III-A (SPA); 3,301 Tier 1I1� and 235 No tier (ORCA, etc.)] and with 1,970
27 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk
28 of not obtaining permits in the future. In recognition of the possibility that the inventory
29 of vacant parcels exceeds the total number of allocations which the State will allow the
30 County to award',the County adopted a slower rate of annual allocations for market rate
31 development to'extend the allocation timeframe to 2026 and is accepting 300 p1I'forcl lbVc
32 workforce(� p°p�4�ihha.: housing early evacuation unit building permit allocations pursuant
33 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
34 authorized by the Florida Administration Commission, 0i 1p;p1� 7p.D22 1."7... Llws OI'
35 Hori(�,I,and the Sodas Land
36 These ��„�dorda l workforce housi
ng early evacuation allocations that are in addition to
37 the maximum building permit allocations identified in Rules 28-20, F.A.C. The County
38 will consider adopting an extended timeframe for distribution of the ROGO allocations
39 through 2033 with committed financial support from its State and Federal partners. This
40 timeframe can provide a safety net to the County and provide additional time to
41 implement land acquisition and other strategies to reduce the demand for ROGO
42 allocations and help transition land into public ownership.
43
44 The County is actively engaged in acquisitions and is requesting its State and Federal
45 partners for assistance with implementing land acquisitions in Monroe County. The
46 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
47 substantial financial support is provided by July 12, 2023, the County will reevaluate the
Ordinance No. -2025 Page 8 of 18
File 2024-213
2779
I ROGO distribution allocation schedule and consider an extended timeframe for the
2 distribution of market rate allocations (through a comprehensive plan amendment).
3 Further, the State and County shall develop a mutually agreeable position defending
4 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
5 cases, with the State having an active role both directly and financially in the defense of
6 such cases.
7
8 The County shall distribute ROGO allocations by ROGO year, as provided in the table
9 below.
10
Annual Allocation
ROGO Year Affordable dmil '��Workforce
Market Rate lv
Housing
1„ o ul �,m um Initiative
��uw
l,
July 13, 2013—July 12, 2014 126 71
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2016—July 12, 2017 126
N/A
July 13, 2017—July 12, 2018 126
July 13, 2018—July 12, 2019 126
July 13, 2019—July 12,2020, 126 568 total AFH
July 13, 2020—July 12, 2021 64 (total available
July 13, 2021—July 12, 2022 64 immediately)
July 13, 2022—July 12, 2023 64
July 13, 2023—July 12, 2024 62 300**
July 13, 2024—July 12, 2025 62
July 13, 2025—July 12, 2026 62
TOTAL 1,260 710* 300**
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
housing early evacuation unit bl:JV(fl'!jg [,?er ruu allocations shall be
available countywide (unincorporated county) utl t'le Upp c uicu Lower K y� !jhcirecis and
distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
restricted utilizing the c f..o. rcicu.N.:.ee„. workforceorce housing ear y evacuation unit �fluu�y ....0 gnu fi allocations are subject to the provisions of Policy 101.3.12.
11
12 The State of Florida, pursuant to Administration Commission Rules, may modify the
13 annual allocation rate. Monroe County will request a Rule change from the
14 Administration Commission to authorize the above allocation timeframe and rate.
15
Ordinance No. -2025 Page 9 of 18
File 2024-213
2780
I Policy 101.3.3
2 Monroe County shall allocate at least 20% of the annual allocation, or as may be
3 established by the State of Florida, pursuant to Administration Commission Rules, to
4 affordable housing units as part of ROGO. Any portion of the allocations not used for
5 affordable housing shall be retained and be made available for affordable housing from
6 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
7 �,d"d"orcl�iWc workforce housing early evacuation units shall meet the criteria specified in
8 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
9 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
10 parcel proposed for affordable housing or yid dorcl ibV:c workforce housing early evacuation
11 units shall not be located within an area designated as Tier I as set forth under Goal 105
12 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
13
14 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
15 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
16 the following criteria:
17 1. The property contains an existing market rate dwelling unit that meets the criteria in
18 LDC Section 138-22(a) and is determined to be exempt from ROGO;
19 2. The proposed replacement affordable dwelling unit meets current Florida Building
20 Code and is not a mobile home;
21 3. The proposed replacement dwelling unit shall he deed restricted for a period of at least
22 99 years as affordable housing pursuant to the standards of the Land Development
23 Code; and
24 4. The proposed site plan for the replacement affordable dwelling unit does not propose
25 any additional clearing of habitat.
26
27 Policy 101.3.4
28 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
29 development shall specify procedures for:
30 i.. establishing the annual number of per-mits I oc „fl otis for new residential units to be
31 issued during the next ROGO year based upon, but not limited to the following:
32 a. expired allocations and building permits in previous year;
33 b: allocations available, but not allocated in previous year;
34 C. number of allocations borrowed from future quarters;
35 d. vested allocations;
36 e. modifications required or provided by Administration Commission Rules;
37 f. modifications required or provided by this plan or agreement pursuant to Chapter
38 380, Florida Statutes; and
39 g. receipt or transfer of affordable housing allocations by intergovernmental
40 agreement; and
41 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
42 Clearance Time Memorandum of Understanding.
43 2. allocation of affordable housing, d'1'o (I iWc workforce housing early evacuation unit
44 bi�'
� lfl t ,TM ��cLgp fi,otis..and market rate housing units in accordance with Policies
.k '��u...d�VV��c��
45 101.3.2 and 101.3.3; and
46 3. timing of the acceptance of applications, evaluation and scoring of applications, and
47 issuance of permits for new residential development during the calendar year.
Ordinance No. -2025 Page 10 of 18
File 2024-213
2781
I Policy 101.3.5
2 Due to the limited number of allocations and the State's requirement that the County
3 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
4 shall prohibit new transient residential allocations for hotel or motel rooms, campground
5 spaces, or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully
6 established transient units shall be entitled to one unit for each type of unit in existence
7 before January 4, 1996, for use as a ROGO exemption.
8
9 Policy 101.3.6
10 All public and institutional uses (except hospital rooms) that predominately serve the
11 County's non-transient population and which house temporary residents shall be subject
12 to the Permit Allocation System for residential development, except upon factual
13 demonstration that such transient occupancy is of such a nature so as not to adversely
14 impact the hurricane evacuation clearance time of Monroe County.
15
16
17 Policy 101.3.9
18 For those ROGO applications and properties which have not received a ROGO award for
19 four consecutive years and have applied for administrative relief, which are designated
20 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
21 for such is available. Refusal of,the purchase offer shall not be grounds for granting a
22 ROGO award.
23
24 Policy 101.3.10
25 Notwithstanding any other provision of the Plain except the last sentence of this Policy
26 101.3.10, building allocations utilized for affordable housing projects may be pooled and
27 transferred between ROGO sub-areas, 'excluding the Big Pine/No Name Keys ROGO
28 subarea, and between local government jurisdictions within the Florida Keys Area of
29 Critical State,Concern (ACSC). Any such transfer of affordable housing allocations
30 between local government jurisdictions must be accomplished through an interlocal
31 agreement between the sending and receiving local governments. Interlocal agreements
32 that involve assigning the County's affordable housing(not including affordable housing
33 allocations banked for takings cases) allocations to existing dwelling units within a
34 municibtditry with a requirement that the associated market rate ROGO/BPAS exemptions
35 be transferred into the unincorporated County as an exchange for the affordable housing
36 allocations transferred to the municipality, shall be accomplished through a minor
37 conditional use permit approval and shall be subject to the receiver site criteria in Policy
38 101.6.8 and may be transferred to any subarea within the unincorporated County. In no
39 event shall the County (1) pool and transfer ffforcl�iWc workforce housing early
40 evacuation unit biJH(,UV16 ru allocations between ROGO sub-areas, (2) transfer
,
41 �,�"d"orcl�iWc workforce housing early evacuation unit buHc ig pg�qjt allocations to another
workforce housing
g jurisdiction, O � �°a�rcfl�i�;��� g early evacuation unit
42 government urisdiction 3 receive ��di�,
43 building permit allocations from another government jurisdiction, or (4) transfer
44 affordable housing ROGO allocations received by the County in exchange for workforce
45 housing early evacuation unit allocations to another government jurisdiction.
46
47
Ordinance No. -2025 Page 11 of 18
File 2024-213
2782
I Policy 101.3.11
2 Monroe County may receive additional building permit allocations pursuant to the 2012
3 completed hurricane evacuation clearance time modeling and allocation
4 recommendations by the State Land Planning Agency and the Administration
5 Commission's direction that the City of Key West\transfer annually (by July 15th) any
6 remaining unused allocations for that year to the other Florida Keys' local governments
7 based upon the local governments' ratio of vacant land. Any transferred allocations from
8 the City of Key West to Monroe County shall be made available for Administrative
9 Relief. Monroe County may receive, and award 300 building permit allocations
10 designated as ipp�ii�g cl il�V:c workforce housing early evacuation units pursuant to the
�
11 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
12 providedby the Florida Administration Commission an t o Svite..L�i..P:.i.c,....�.�...�.i..P.,.,
.p..9.t i.d... . .4 d. .y:
13 FkHid�l:...P pffl4ffief4....6eoffi)ffi�c These g1fly �cl� Mog allocations that are
14 in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
15 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
16
17 Policy 101.3.12
18 ll(� dable� Workforce l atiitt h � �11 h p�c nation Initiative. To support Monroe
.n
19 County s workforce b alleviating constraints on affordable
' y g housing, to protect private
20 property rights and address potential liability, the County is participating in the
21 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
22 June 13, 2018 meeting of the Florida Administration Commission. Monroe County
p Vc. workforce housing early evacuation building permit
23 accepts the 300 ii�°p°�ii�iflii
24 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
25 Florida Administration Commission iipi :. 2023 1 7., Li ws of Horii�ii,, and ulic Svite
26 ] „iuiifl i iuiuiiily \ TM� c di ii�iiiii....p �piii i icii ...kewio�iiie 0pipioq�iti4y:a The Workforce-
27 Affordable Housing Initiative will require dwelling units constructed and/or deed
28 restricted with workforce housing early evacuation building permit allocations to
29 evacuate occupants in phase 1 cif the 48-hr evacuation of a pending major hurricane
30 pursuant to the criteria below.
31
32 To participate in the Workforce Initiative, Monroe County shall be responsible for the
33 management, distribution, and, enforcement of requirements associated with the
34 Nc workforce housing early evacuation building permit allocations. Monroe
35 County shall ensure adherence to these requirements through implementation of this
36 policy and shall annually provide to the Svite >Uticl N,�iuiuiuu
i ....FloFiiflii
i p p g N c workforce housing
37 ;�r���.�iui�i �iu�, ll���i.a�ii�ui��i..i . a report indicating the number o plp°p°�ii�i ii
38 early evacuation units built and/or deed restricted, occupancy rates, and compliance with
39 the requirement to evacuate the units in Phase I of an evacuation. The annual report shall
40 be provided to the State in a timely manner such that the State may include the
41 information in the required Annual Report to the �_�i:�i�v ftio F deli
q p
�iNiri.e t Hori i ii:
42 A i fl a i u u i p."i.t.p:ii.�.P..opi...... .ry..o..
lli:. dssp oti on the County's progress toward completion of its Work
43 Program pursuant to Rule 28-20, F.A.C.
44
45 Dwelling units ts developed and/or deed restricted utilizing the ppi;cl iNc workforce
g y iVifluui�7l�il.i"plppi allocations are subject to the following:
46 housing earl evacuation unit i�i,
47
Ordinance No. -2025 Page 12 of 18
File 2024-213
2783
I (a) Requests for ffforcliNc workforce housing early evacuation unit buH(fius'
2 allocations s�iill be yivyiibd-4 otfly 14 y1 I 1�'of: p ex0litige 1�'of: M'1�4 IM-4
3 MR.1 require a reservation via BOCC resolution. The BOCC
4 may, at its discretion, place conditions on any reservation as it deems appropriate su6
5 is csmNis�ig,(.) 1bg igco �!Ic gltc'()-Qy�gs for fflogitiotis 6)-!-,qitccL 441e k(Wc RIHY Ht 4"
6
7 to [')HY4e Eleyek1iRlef4 Ifflel t1w1[')F014 lieetof fiffttlef!"' A' �y 41g to
8 gIleet flie 4, flie "V()F14'oFee Wlisitlgr esldy ev'ieli ltieil litI4 'iHoe�ltieils:
9 FliFflleF; flie k(Wc RIHY� 4 4!;1 H13[')F0Ve flie ex0lyltlge (4 &41',4 tig deeEi
10 Fes Fiete(l �Iwls4lgr. liffitS (biM44 444EIM-)ie e*emt4ft**,
11 M devek)p &*Mleemywls litlEleFflle NkL4FI4i4ee 414 Ituye
12 Fvx i te (I e v e o p ii enfi yi ti(l ti o ti[,)Fo 1'i fi s e 4()F J'xi Ft ti eFs' Wiiiitig to a41 e et fli e Fe q I I Fe a41 ef4s 4yf
13 fife A' �()Ak)fee eyldy evtlel:14�wl HH4 tflk)emywls
14 1 Ple y1 14�'oF(IM-4 e 'i oeyltions Feti lme(l to fie col Inty i ti ex e�1iflge A)F WoFli 1'oFee
15 evtlelhlt wl w14 idtefttuwl!"' s�ltfl� be b�wl�eEl �ItIE 11seel 14 kitilfe
16 beflekeial- rise defiemi4i4ions sitiE� to Feso4 ve itiveFse
17
18 Aefi e�ises:
19 RlMfltywl e0fl!'OsteHey "Vifli Rifle 2&1124)71140(2)(4)� F:A C , fide M'P)Rltlb�e
20 '1 oe�lti ons Fitt)Fned-to flie Goli t4y Simi I 4te 141 s1 i tlfi'i�fleEl is '1144(1,44 e 'i oell �i ons
21 titit'l s ltfl� ..Mse be i fliFe to fife ofigioal 6)11s41g e4egofy (Av eF�,
22 io"V/Iow'441e(fi'ifl 41eef i(ieOmie pooi):
23 eesette6wi 1i ti wis i�lllsfibe 114y:p.°iF.eEl btflieel
24 wl file oFIl grifFd 41e(4R e4e#OFY OF 8 �eSWF 41e0ffle
25
26 (4) fi'Aefi byLtlle Golitl�y grFymt4l# fie o"VfFeF of
27 feM [')F013eAY Fe� el' lFoi�l (4' fie.... (4' Gfo "Vfll
28 OF(fifFitlee (k0G0) FestF�e4iwis I�Fovided fliey yiieet fie eFiteFiyi estM-4slie(l 41
29 y,i[')Fe 11 eti s�V PTV V 1 ti ti ti kl L ti tld-pe V e p i�l ef4 C()(:.I e:
30 flei'(l Ilse yileyltls fie lice o1'J')Fo[')eqY fll< Mlows yiti oNvtieF�o deFive yi benel'4
31 ()F fffok-i fie exefeu!"'e el ti byl!"He ff6[)eFFY F()F flee (4,fllys ['w ey;
32 S�I'iH Mel fie fflitlyfflliffl HSe 441e J3F0J3eFt'Y BeeeSSHF'y fio 'ivoy l
33 flee 1,41('14ig (,411 tM�4ig wide eilffelit �&Itlkl H!"
34 (b) iiti4s; flie FeEflevelojwient oF flie dee(.1 FesFietiwi 4'
35 &4iliog tk�e��4Fg .wl4s 114� iM41g Nvedd )Fee 6)11s41g te eV
36 14e y1[')pF4yVM ol"i FeS414iwl ip[)Fov�ti# yi e4y(4f:,iet be ween fie
37 i;Occ le) el,lleytfly &ie tltlge ..fife titit'l e0tiliffil
38
39 (elks) All 11'forcliNe workforce housing early evacuation units require a deed-
40 restriction ensuring:
41 (1) Before any building permit may be issued for any structure, portion or phase of
42 a project subject to the Workforce Initiative, a restrictive covenant shall be
43 approved by the Planning Director and County Attorney and recorded in the
44 Office of the Clerk of the County to ensure compliance with the provision of
45 this section running in favor of the County and enforceable by the County and,
46 if applicable, a participating municipality. The following requirements shall
47 apply to these restrictive covenants:
Ordinance No. -2025 Page 13 of 18
File 2024-213
2784
I a. The covenants for any workforce housing early evacuation units shall be
2 effective for 99 years.
3 b. The covenants shall not commence running until a certificate of occupancy
4 has been issued by the Building Official for the dwelling unit or dwelling
5 units to which the covenant or covenants apply.
6 c. For existing dwelling units that are deed-restricted as workforce housing
7 early evacuation units, the covenants shall commence running upon
8 recordation in the Official Records of Monroe County.
9 (2) The covenants shall require that the workforce housing early evacuation units
10 to be restricted to rental occupancy for those who derive at least 70% of their
11 income as members of the workforce in Monroe County and who meet the
12 affordable housing income categories of the Monroe County Land
13 Development Code. The occupants are required to annually verify their
14 employment and income eligibility.
15 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
16 evacuation of a pending major hurricane. Persons living in the workforce
17 housing early evacuation units who may be exempted from evacuation
18 requirements are limited to law enforcement, correctional and fire personnel,
19 health care personnel, and public employees with emergency management
20 responsibilities. If there is an occupant that indicates their employment is
21 considered a`first-responder position' and not included in the list of exemptions
22 above, then the Planning Director shall determine, in writing, whether the
23 person may be exempted because of a requirement to remain during an
24 emergency. Any person claimingexemption under this provision shall submit
25 of an affidavit of qualification and faithfully certify their status with the onsite
26 property management.
27 (4) The covenants shall require rental agreements which contain a separate
28 disclosure requiring rental occupants to acknowledge the existing restrictive
29 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
30 and that failure to adhere to the Phase 1 evacuation requirement could result in
31 severe penalties, including eviction, to the occupant.
32 (5) The covenants shall require onsite property managers and a separate
33 employment disclosure requiring the maintenance of training in evacuation
34 procedures and an acknowledgement that failure to adhere to the Phase 1
35 evacuation requirement could result in severe penalties, including termination.
36 (40 Allordable ! orkforce housing early evacuation units shall be restricted to rental
37 occupancy for these who derive at least 70% of their income as members of the
38 workforce in Monroe County and who meet the affordable housing income categories
39 of the Monroe County Land Development Code. Workforce means individuals or
40 families who are gainfully employed supplying goods and/or services to Monroe
41 County residents or visitors.
42 VcLorkforce housing early evacuation units shall require onsite
43 property management with property managers trained in evacuation procedures and
44 required to manage the evacuation of tenants in Phase I of an evacuation. During
45 traditional working hours, the property manager must be at an office within the
46 fdfor �l iNc workforce housing early evacuation unit development subject property.
�..
Ordinance No. -2025 Page 14 of 18
File 2024-213
2785
I Outside the traditional working hours, the property manager must be available at all
2 times to respond to evacuation orders.
3 d°C The property management entity for the 11"d"orc�i spy workforce housing early
4 evacuation units shall be required to annually verify the employment and income
5 eligibility of tenants; report the total units on the site, the occupancy rates of units, and
6 tenant compliance with the requirement to evacuate the units in Phase I of an
7 evacuation, including the number of occupants that are exempt from the evacuation
8 requirements. The property management entity must submit a report to the Planning
9 and Environmental Resources Department by May 1 of each year. Further, each lease
10 and this annual report shall be kept by the property manager and be available for
11 inspection by the County during traditional working hours.
12 d ..: ..d..d.. r u We ',AL Workforce housing early evacuation units shall be located within an
13 area designated as Tier III.
14 Q.c���� AddoucuWe.
Lorkforce housing early evacuation units shall not be located in the
15 V-Zone or within a Coastal Barrier Resource System (CBRS).
16 (Hi) Addbucl..°up e NALWorkforce housing early evacuation units shall be located on a
17 property which has all infrastructure available (potable water, adequate wastewater
18 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.).
19 (��) All u11'forcluiWe workforce housing early evacuation units must demonstrate
20 compliance with all applicable federal standards for accessibility for persons with
21 disabilities (ADA Compliance).
22 (9i j) To the greatest extent practicable, a development utilizing fffo cl iW e workforce
23 housing early evacuation unit buuHclp gg, pgugjt allocations shall incorporate sustainable
24 and resilient design principles into the overall site design iti(I be ieee situ e �o
25 uuupu <�uyuuu u.i a u� �u��..u. ..i� � r:e �fi, Stu� eli 1.4..'�uuud �u�uu.EI V'ufuIflietu..
26 Q��� �•.�� ±g..amifiefi extell'I 1,2LcIcflccIWe,I 'i Cale..ccpopnjucIjj !,1:1upuzuu.i.g cddord�iWe....world.orce.
. ° �e to
27 y��uuuuuuiy...yuuuuup �b uuuuufi uuuppuuug ��.c�u�ucuufi...uupp��cuufiu��uuyuupp �� uuycccupu
28 e uil p s2yu11c fi ccu e uu a ,o �, yIQcl� lsb uucp uuicl M mi lioti:
29
30 GOAL 601
31 Monroe County shall adopt program andpolicies'to facilitate access by residents to adequate and
32 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
33 population based on type, tenure characteristics, unit size and individual preferences.
34
35 Objective 601.1
36 To ensure that affordable housing opportunities are available throughout the entire community
37 and to maintain a balanced and sustainable local economy and the provision of essential
38 services, Monroe County shall implement the following defined policies to reduce estimated
39 affordable housing need for its workforce and households in the very low, low, median and
40 moderate income classifications. [F.S. § 163.3177(6)(f)l.]
41
42 Policy 601.1.1
43 Monroe County shall maintain land development regulations, in conjunction with the
44 Permit Allocation System, for apportioning future affordable housing development.
45
46 Policy 601.1.2
Ordinance No. -2025 Page 15 of 18
File 2024-213
2786
I Monroe County shall continue its participation in Federal and State housing assistance
2 programs to rehabilitate owner and rental housing for very low, low, median, and
3 moderate income residents by seeking grants, loans, and technical assistance in
4 conjunction with the Monroe County Housing Authority. Monroe County shall also
5 participate, as appropriate, in FEMA Hazard Mitigation Grant Program (HMGP), Flood
6 Mitigation Assistance (FMA) Program and Community Development Block Grant -
7 Disaster Recovery (CDBG-DR) grant programs to support the completion of flood
8 mitigation projects, such as the elevation of homes above base flood level to reduce the
9 risk of future flood damage. [F.S. § 163.3177(6)(f)3.]
10
11 Policy 601.1.3
12 The Monroe County Land Authority shall maintain a list of buildable properties owned
13 or targeted for acquisition by the Land Authority which potentially could be donated or
14 made available for affordable housing. This list will be updated annually and made
15 available to the public. The guidelines established in Policies 601.1.10 and 601.1.11 shall
16 be considered in the formulation of this list.
17
18 Policy 601.1.4
19 All affordable housing projects which receive development benefits from Monroe
20 County, including but not limited to ROGO allocation award(s) reserved for affordable
21 housing, maximum net density; dr donations of land, shall be required to maintain the
22 project as affordable for a period,,of 99 years pursuant to deed restrictions or other
23 mechanisms specified in the Land Development Code, and administered by Monroe
24 County or the Monroe County Housing Authority.
25
26 Policy 601.1.5
27 If Monroe County funding or County-donated land is to be used for any affordable
28 housing project, alternative sites shall be assessed according to the following guidelines:
29 1; The location of endangered species habitat. Sites within known, probable, or
30 potentially suitable threatened or endangered species habitat shall be avoided.
31 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
32 be determined according to the ranking specified in the Environmental Design
33 Criteria section of the Land Development Code. Disturbed sites shall be selected,
34 unless no feasible alternative is available.
35 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
36 avoided,
37 4. The level of service provided in the vicinity for all public facilities. Areas which are
38 at or near capacity for one or more public facility should be avoided.
39 5. Proximity to employment and retail centers. Sites within five miles of employment
40 and retail centers shall be preferred.
41
42 Policy 601.1.6
43 Monroe County shall identify funding sources that could be made available to support
44 community-based non-profit organizations such as Habitat for Humanity in their efforts
45 to provide adequate affordable housing.
46
47 Policy 601.1.7
Ordinance No. -2025 Page 16 of 18
File 2024-213
2787
I Monroe County shall continue to participate in the State Housing Incentives Partnership
2 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
3 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
4 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
5 County Affordable Housing Advisory Committee.
6
7 Policy 601.1.8
8 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
9 established by the State of Florida, pursuant to Administration Commission Rules, to
10 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
11 this separate allocation must meet the criteria established in the Land Development Code.
12 Monroe County may award 300 additional building permit allocations designated as
13 �,�"d"orcl�iNc workforce housing early evacuation units pursuant to the Workforce-
..
14 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
15 Florida Administration Commission. iptcr 702 1 7. Uaw or Vor � and Svite
16 L.�iuicfl NimJtilgmn F.�of4(1'i,... D p�14a41et.. kcwloalluc 0J,`)PO4HB4u These biJklutu,,
17 are in addition to the maximum allocations identified in Rules 28-20,
18 F.A.C., are restricted to rental occupancy for those who derive, at least 70% of their
19 income as members of the workforce in Monroe County and who meet the affordable
20 housing income categories of the Monroe County Land Development Cade, and shall be
21 required to evacuate in Phase 1, of the 48-hr evacuation of a pending major hurricane.
22
23
24 Section 2. Severability. If any section, subsection,, sentence, clause, item, change, or
25 provision of this ordinance is held invalid,the remainder of this ordinance shall not
26 be affected by such validity.
27
28 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
29 conflict with this ordinance are herebyrepealed to the extent of said conflict.
30
31 Section 4. Transmittal.This ordinance shall be transmitted by the Director of Planning to the
32 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
33
34 Section 5. Filint and Effective Date. This ordinance shall be filed in the Office of the
35 Secretary of the State of Florida but shall not become effective until a notice is
36 issued by the State Land Planning Agency or Administration Commission finding
37 the amendment in compliance with Chapter 163, Florida Statutes and after any
38 applicable challenges have been resolved.
39
40 Section 6. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
41 in the Monroe County Comprehensive Plan. The numbering of the foregoing
42 amendment may be renumbered to conform to the numbering in the Monroe County
43 Comprehensive Plan.
44
Ordinance No. -2025 Page 17 of 18
File 2024-213
2788
I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
2 Florida, at a regular meeting held on the day of
3
4 Mayor James K. Scholl, District 3
5 Mayor Pro Tem Michelle Lincoln, District 2
6 Commissioner Craig Cates, District 1
7 Commissioner David Rice, District 4
8 Commissioner Holly Merrill Raschein, District 5
9
10
11 BOARD OF COUNTY COMMISSIONERS
12 OF MONROE COUNTY, FLORIDA
13
14 BY
15 MAYOR JAMES K. SCHOLL
16
17
18 (SEAL)
19
20 ATTEST: KEVIN MADOK, CLERK
21
22
23 AS DEPUTY CLERK
Ordinance No. -2025 Page 18 of 18
File 2024-213
2789
2
.,.
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, AICP, CFM, Growth Management Director
10
11 From: Cheryl Cioffari, AICP, Assistant Director of Planning
12
13 Date: March 26, 2025
14
15 Subject: An ordinance by the Monroe County Board of County Commissioners amending the
16 Future Land Use Element and the Housing Element of the 2030 Monroe County
17 Comprehensive Plan to eliminate the 1-for-1 exchange for the remaining 300 workforce
18 affordable housing early evacuation unit building permit allocations (File 2024-213)
19
20 Meeting: April 16, 2025
21
22 I. REQUEST
23
24 The Monroe County Planning &Environmental Resources Department is proposing amendments to the
25 Future Land Use Element and the Housing Element of the 2030 Comprehensive Plan, as directed by the
26 BOCC on September 11, 2024, to eliminate the 1-for-1 exchange for the remaining 300 workforce
27 affordable housing early evacuation unit building permit allocations.
28
29 IL BACKGROUND INFORMATION
30
31 Section 380.0552,F.S.,the Florida Keys Area protection and designation as area of critical state concern,
32 establishes the intent to "ensure that the population of the Florida Keys can be safely evacuated,"
33 [380.0552(2)(j), F.S.] and requires that amendments to each local government's comprehensive plan to
34 include "goals, objectives, and policies to protect public safety and welfare in the event of a natural
35 disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than
36 24 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study
37 conducted in accordance with a professionally accepted methodology and approved by the state land
38 planning agency" [380.0552(9)(a)2, F.S.].
39
40 In order to accomplish the hurricane evacuation requirements by the State,the County adopted a Permit
41 Allocation System known as the Rate of Growth Ordinance (ROGO).
42
43
44
45
46
47
48
49
BOCC 04.16.2025 Page I of 25
File 2024-213
2790
1
The purpose of this Amendment is to Implement goals, o*ptivew and
policies of the Florida Keys' Comprehensive flan related to _,'!pr6tectibh of
residents, visitors and property in the County from natural a isrdRers,
specifically including hurricanes, by adopting a Dwelling UInit Allocation
Ordinance limiting annual residential development in Monroe County to an
am
ount and rate cornmaensurate with the County's ability to maintain a reason-
able and safe hurricane evacuation clearance time, as determined by policy
decisions and recently completed studies, The present 'hurricane evacuation
clearance time In, Monroe County Is unacceptably high„ Based on a continua-
tion of Monroe County''s historic rate of growth, clearance time, will contin-
ue to increase. Therefore, consistent with its responsibility for protecting
the health and safety of its citizens, Monroe County must regulate the rate
of population growth comuunensurate with planned increases in evacuation
capacity to prevent further unacceptable increases in hurricane evacuation
clearance time. Regulation of the rate of ,growth will also help to prevent;
further deterioration of public facility service levels, Irreversible envi-
2
ronmental degradation,, and potential land use conflicts,
3 ROGO adopted pursuant to Ordinance 016-1992, adopted 6/23/1992
4
5 The Rate of Growth Ordinance (ROGO) was implemented to provide for the safety of residents in the
6 event of a hurricane evacuation and to protect the significant natural resources of Monroe County, as
7 required by the State of Florida. The County originally reduced the annual permitting rate from
8 approximately 500+ units per year to 255 units per year. Later the State adjusted the annual allocation
9 (see Rule 28-20, F.A.C.) to 197 units per year. Each year's ROGO allocation of 197 new units is split
10 with a minimum of 71 units allocated for affordable housing and market rate allocations cannot to exceed
11 126 new residential units per year.
12
13 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO)
14 completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth
15 of building permits, the Florida Keys would be at a 24 hour evacuation clearance. Based upon the
16 resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys
17 (3,550 additional permits countywide, 1,970 of these permits would go to Monroe County). In March
18 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the
19 recommendation to allocate 10 years' worth of growth to the Florida Keys.
20
21 Previous Relevant BOCC Action
22 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
23 which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,F.A.C.,
24 and the Department of Economic Opportunity's completion of the hurricane evacuation clearance time
25 modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24
26 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
27
28 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
29 Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
30 The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
31 throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
32 housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
33 hurricane evacuation. Any development receiving the units would be required to sign a rental
34 management agreement indicating they would be required to assure the evacuation of all occupants of
35 the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
BOCC 04.16.2025 Page 2 of 25
File 2024-213
2791
I units. The press release specifically stated, "To meet the increased demand for workforce housing, the
2 innovative Keys Workforce Housing Initiative will require new construction that participates to commit
3 to evacuating renters in the 48-hour window of evacuation."
4
5 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
6 Florida Keys' local governments that choose to participate in the initiative are to work with DEO to
7 amend their respective comprehensive plans to allow for additional building permits for rental workforce
8 housing with the condition of early evacuation.
9
10 DEO provided County staff with preliminary draft language based on the minimum requirements
11 established in the initiative to use as a starting point when drafting proposed language (Exhibit 2).
12 Additionally, DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model
13 results that indicated there were still 6.5 hours of additional road capacity in Phase I of the hurricane
14 evacuation model.
e
Nil
irr�u����/ /U,j/ ./�IP!�/// ��
2. THAT MIEANIS IIN A48-NOURTIITEE
4rrrrrrrrrrrrrrrrrrrrrrrrrllrl'rrrrrrrrrr;il"' r nmec,TNERENS
F ADDITNAL ROAD CAPACITY
!f %� HUM
Of CAMUTY
�1
PROPOSAL ,
ALE"SDIDIiVES
TDDpDEDIE'D-DESTNNIIDTE�^w,„ 4
AFFINWWOWN9
TDDE IAIE' TEDISTiLET 48
HOUN BUM A ROM NITS `
15
16
17 In support of the Housing Initiative at the June 13, 2018 Cabinet meeting,DEO staffmade apresentation
18 stating that the Phase I evacuation (under the existing staged evacuation plan) can be accomplished in
19 17.5 hours, leaving additional capacity of 6.5 hours in Phase I DEO concluded that the Housing
20 Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory mandate to
21 provide affordable housing."
22
23 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
24 Department of Economic Opportunity("DEO")for a Keys Workforce Housing Initiative. The proposed
25 initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations throughout the
26 Florida Keys (ROGOs or Building Permit Allocation Systems).
27
28 Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
29 Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
30 15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
31 concerns identified with DEO and provide an update to the BOCC at the next meeting.
32
BOCC 04.16.2025 Page 3 of 25
File 2024-213
2792
I On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
2 1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
3 the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
4
5 On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
6 regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
7
8 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
9 Florida Keys'local governments that choose toparticipate in the initiative willworkwith DEO to amend
10 their respective comprehensive plans to allow for additional building permits for rental workforce
11 housing with the condition of early evacuation.
12
13 On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
14 regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
15
16 On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
17 state's initiative that address several concerns raised related to the enforceability of the evacuation
18 provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
19 Keys Workforce Housing Initiative,which, if implemented,would create a precedent that would require
20 the state to award as many as 10,000 additional units in the future.
21
22 On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
23 options for consideration by the BOCC:
24 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
25 2026;
26 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
27 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
28 The BOCC took no action.
29
30 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
31 out for an additional three (3) years from 2023 to 2026.
32
33 On January 22,2020,the BOCC directed staff to prepare an agenda item to discuss and provide direction
34 on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to:
35 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing
36 allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of
37 Economic Opportunity (DEO)required to evacuate in Phase 1 of the Hurricane Evacuation model.
38
39 On February 19, 2020,the BOCC discussed whether to direct staff to process a comprehensive plan and
40 land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
41 Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
42 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
43 required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
44 potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
45 process to accept the 300 workforce housing units.
46
47 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
48 affordable housing pool (agenda item I5),the BOCC provided further direction to staff on accepting the
49 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
BOCC 04.16.2025 Page 4 of 25
File 2024-213
2793
I the 300 workforce housing early evacuation unit buildingpermit allocations to be used in exchange for
2 existing affordable allocations at multifamily developments (for developers that agree to the early
3 evacuation restriction) and the affordable housing allocations returned to the County (returned in the
4 exchange) be set aside and banked for takings cases (bank them within an administrative reliefpool).
5
6 On January 20, 2021, the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
7 DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to Policy
8 101.3.12 to eliminate the requirement for a development agreement. With the 300 unit amendment being
9 structured as an exchange program, the projects exchanging units have previously completed their
10 development review and multiple hearings for a development agreement seems unnecessary, time
11 consuming and costly. The BOCC and staff can review approve the exchange through a resolution
12 approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
13 Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
14 Department does not identify any objections or comments to the proposed amendment."
15
16 On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
17 of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
18 of existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
19 provisions that allow the returned affordable units /allocations to be banked to resolve potential takings
20 cases.
21
22 At the September 11, 2024 Board of County Commissioners (BOCC) Meeting, the BOCC approved
23 transmittal to the State Land Planning Agency (Florida Department of Commerce) an ordinance that
24 allows Cemex Construction Materials Florida LLC (f/k/a Singletary Concrete Products Inc.) to use 86
25 early evacuation unit building permit allocations on one site in Tavernier without meeting the
26 requirement of the 1-for-1 takings and Bert Harris Act liability reduction exchange required by the
27 current Comprehensive Plan and Land Development Code.
28
29 At the September 11, 2024 BOCC meeting, the BOCC additionally directed Planning & Environmental
30 Resources Department professional staff to begin processing Comprehensive Plan and Land
31 Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
32 reduction exchange requirement for the remaining 214 early evacuation unit building permit
33 allocations.
34
35 At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
36 site-specific subarea within Tavernier that permits Cemex Construction Materials Florida LLC (f/k/a
37 Singletary Concrete Products Inc.) to use 86 early evacuation unit building permit allocations on one
38 site in Tavernier without meeting the requirement of the 1-for-1 takings and Bert Harris Act liability
39 reduction exchange required by the current Comprehensive Plan and Land Development Code.
40
41 Community Meeting and Public Participation
42 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
43 Land Development Code text amendments was held on December 12, 2024 via Zoom Webinar and
44 provided for public input. There were two (2) members of the public in attendance. The concerns
45 identified included enforcement of the on-site management requirement; question if there would be a
46 prohibition for affordable units within the Coastal A zone similar to that of the prohibitions for affordable
47 units within the V-zone areas; and if the limitation of transfers between the County and municipalities
48 (and vice versa) would remain.
49
BOCC 04.16.2025 Page 5 of 25
File 2024-213
2794
I Development Review Committee Meeting and Public Input
2 On February 18, 2025, the DRC considered the proposed amendment and provided for public input.
3
4 Planning Commission Meeting and Public Input
5 On March 26, 2025,the Planning Commission considered the proposed amendment,provided for public
6 input and recommended approval of the proposed text amendment through Resolution P11-25.
7
8
9 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
10
11 Proposed Amendment(deletions are st+i kef t4- additions are shown in underlined).
12
13 *****
Proposed Amendment: deletions are shown in F (.1 4F� Iie flIF HL ; additions are shown in recl
14
15 Objective 101.2
16 As mandated by the State of Florida,pursuantto Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
17 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
18 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
19 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
20 County and all the municipalities and the State agencies.
21
22 Policy 101.2.1
23 Monroe County shall maintain a memorandum of understanding with the State Land Planning
24 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
25 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
26 variables and assumptions, including regional considerations, for utilizing the Florida Division
27 of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations
28 ("TIME") Model to accurately depict evacuation clearance times for the population of the
29 Florida Keys.
30
31 Policy 101.2.2
32 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency
33 and Division of Emergency Management to update the variables and assumptions for the
34 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
35 Area of Critical State Concern based upon the release of the decennial Census data. Pursuant
36 to the 2012 completed hurricane evacuation clearance time modeling by the State Land
37 Planning Agency,which incorporates the 2010 Census data, the County may allocate 10 years'
38 worth of growth(197 x 10= 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140,
39 F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours.
40 The County adopted a slower rate of annual allocations for market rate development to extend
41 the allocation timeframe to 2026 without exceeding the total of 1,970 allocations (see Policy
42 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory
43 changes for hurricane evacuation clearance time requirement standards; 2) new hurricane
44 evacuation modeling by the State Land Planning Agency and Division of Emergency
45 Management; and 3) a new or revised memorandum of understanding with the State Land
BOCC 04.16.2025 Page 6 of 25
File 2024-213
2795
I Planning Agency,Division of Emergency Management,Marathon, Islamorada,Key West,Key
2 Colony Beach and Layton (see Policy 101.2.1).
3
4 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe
5 County shall establish a new allocation category to accept and award 300 1,l°d°orcl iN c workforce
6 housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable
7 Housing Initiative (Policy 101.3.12 Workforce Initiative). These allocations are in addition to
8 the maximum allocations identified in Rules 28-20, F.A.C., and shall be required to evacuate
9 in Phase 1 of the 48-hr evacuation of a pending major hurricane.
10
11 Policy 101.2.3
12 The County will consider capital improvements based upon the need for improved hurricane
13 evacuation clearance times, including potential impacts from sea level rise to the County's
14 evacuation route. The County will coordinate with the FDOT,the state agency which maintains
15 U.S.1, to ensure transportation projects that maintain and improve clearance times are
16 prioritized.
17
18 Policy 101.2.4
19 In the event of a pending major hurricane(Category 35)Monroe County shall implement the
20 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
21 hurricane evacuation clearance time for the resident population.
22 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
23 residents,visitors,recreational vehicles (RVs),travel trailers,live-aboard vessels (transient
24 and non-transient), military personnel, units approved and deed restricted as fdforcl�iNc
25 workforce housing early evacuation units from the Florida Keys shall be initiated. State
26 parks and campgrounds should be closed at this time or sooner and entry into the Florida
27 Keys by non-residents should be strictly limited.
28 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
29 mobile home residents, special needs residents, and hospital and nursing home patients
30 from the Keys shall be initiated.
31 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation
32 of permanent residents by evacuation zone (described below) shall be initiated. Existing
33 evacuation zones are as follows:
34 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
35 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
36 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
37 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
38 106.5 and MM 1-9.5 of CR 905)
39 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
40
41 The actual sequence of the evacuation by zones will vary depending on the individual storm.
42 The concepts embodied in this staged evacuation procedures should be embodied in the
43 appropriate County operational Emergency Management Plans.
44
45 The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
46 decreases and or shifts in population;particularly the resident and non-resident populations.
47
48 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
49 allocations to more than 197 residential units a year, except for affordable housing. Any
BOCC 04.16.2025 Page 7 of 25
File 2024-213
2796
I increase in the number of allocations shall be for affordable housing. Monroe County hereby
2 accepts 300 ffforcliNc workforce (,ifl,()Ft.kb�e) housing early evacuation unit building permit
3 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
4 Workforce Initiative)authorized by the Florida Administration Commission, 2(�23 12.,
5 Liws of Horicli, and the Svite Lul( NMu�ul Aswn Fk)FF dl DepIARIeHi keotle lie
6 Op[,)oF uiti4y, These c dY �Y I
� (cu(Motl allocations are in addition to the maximum allocations
7 identified in Rules 28-20, F.A.C., girl shall be restricted to rental occupancy for those who
8 derive at least 70% of their income as members of the workforce in Monroe County and who
9 meet the affordable housing income categories of the Monroe County Land Development Code.
10 The clfly cc cicu(Mnil allocations shall be required to evacuate in Phase I of the 48-hr evacuation
11 i� [,?rovuciccl ug 1)oV cy 1O :2:4 No new additional residential
12 dwelling unit allocations shall be authorized within the Phase I of the 48-hr evacuation unless
13 approved and provided by the Florida Administration Commission and the Svice Lqicl 1)�,qujgg-
14 Agc�jjcy F�oF :.Ii Dep�i�.iien� kewio ii�e 0[,)poFtwi4y after review of hurricane evacuation
15 modeling results by the State Land Planning Agency and the Division of Emergency
16 Management of available evacuation capacity and a review of the level of service and available
17 capacity for all public facilities.
18
19 Objective 101.3
20 Monroe County shall regulate new residential development based upon the finite carrying capacity
21 of the natural and man-made systems and the growth capacity while maintaining a maximum
22 hurricane evacuation clearance time of 24 hours.
23
24 Policy 101.3.1
25 Monroe County shall maintain a Permit Allocation System for new residential development
26 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
27 System shall limit the number of permits issued for new residential dwelling units. The ROGO
28 allocation system shall apply within the unincorporated area of the county, excluding areas
29 within the county mainland and within the Ocean Reef planned development (Future
30 development in the Ocean Reef planned development is based upon the December 2010 Ocean
31 Reef Club Vested Development Rights Letter recognized and issued by the Department of
32 Community Affairs). New residential dwelling units included in the ROGO allocation system
33 include the following: affordable housing units; market rate dwelling units; mobile homes;
34 institutional residential units (except hospital rooms) and ffforcliNc workforce housing early
35 evacuation units,
36
37 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
38 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
39 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet
40 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or
41 associated wet slips are not considered ROGO allocation awards, and may not be used as the
42 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption).
43
44 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
45 and seasonal residential units are subject to Policy 10 1.3.5.
46
47 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit
48 within the Venture out community, which is located in the Lower Keys at MM23 on CudJoe
49 Key, that does not increase the number of units, above that which existed on or before January
BOCC 04.16.2025 Page 8 of 25
File 2024-213
2797
1 4, 1996, shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and
2 101.6.8 shall not apply to Venture Out, and the units within Venture Out may be developed as
3 either detached dwelling, mobile home or recreational vehicle use through the approval of a
4 building permit,provided the following are met:
5 1. To not increase the hurricane evacuation clearance time of permanent residents, in
6 the event of a pending major hurricane (Category 35), a mandatory evacuation
7 of all occupants of units within Venture Out, regardless of unit type, is required at
8 least 48 hours in advance of tropical storm winds. Approximately 48 hours in
9 advance of tropical storm winds, a mandatory evacuation of occupants residing in
10 a permanent unit shall be initiated and a mandatory evacuation of both the
11 occupants of recreational vehicles (RVs) and the RVs shall be initiated;
12 2.Notwithstanding the provisions of Policy 101.5.5,the interchangeability of detached
13 dwelling (permanent), mobile home (permanent) and recreational vehicles
14 (transient) uses may occur only within the gated Venture Out community with a
15 managing entity responsible for evacuation;
16 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
17 prohibited;
18 4. Recreational Vehicles must meet all land development regulations, floodplain
19 management regulations and any building code requirements for recreational
20 vehicles;
21 5. A recreational vehicle must have current licenses required for highway travel, be
22 attached to the site only by the quick disconnect-type utilities, and no permanent
23 additions such as sun rooms or state rooms shall be permitted;
24 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit, regardless
25 of use type, within the Venture Out community may be transferred to another site
26 outside of the Venture Out community; and
27 7. In no case shall recreational vehicles (transient units)be developed as a hotel/motel.
28
29 Policy 101.3.2
30 The number of permits issued for residential dwelling units under the Rate of Growth
31 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013
32 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO
33 year and 300 ffforcl�iWc workforce housing early evacuation unit building permit allocations
34 authorized by the Florida Administration Commission, 0i,11,21�L 2021 1.2, LIws o,
Hors(11...and
� vite Lgicl I V�����du As) �.:p.�����fl��. 1�� p���������:��aile i ������������ ��c ����i����������u��.����1��'. A ROGO year
35 the .
36 means the twelve-month period beginning on July 13. Market rate allocations shall not to
37 exceed 126 residential units per year. Unused allocations for market rate shall be available for
38 Administrative Relief.
39
40 In 2012, pursuant to Rue 28-20.140, F. ., the SviteLuic 1 ,Imj,
41 6eotlo�ilie....0[,)I3(*iwii"� completed the hurricane evacuation clearance time modeling task and
42 found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour
43 evacuation clearance time. This creates challenges for State of Florida and Monroe County as
44 there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA);
45 3,301 Tier III, and 235 No tier(ORCA, etc.)] and with 1,970 new allocations this may result in
46 a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future.
47 In recognition of the possibility that the inventory of vacant parcels exceeds the total number
48 of allocations which the State will allow the County to award,the County adopted a slower rate
49 of annual allocations for market rate development to extend the allocation timeframe to 2026
BOCC 04.16.2025 Page 9 of 25
File 2024-213
2798
I and is accepting 300 ffforcliNc workforce k4444d� housing early evacuation unit building
2 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
3 Workforce Initiative)authorized by the Florida Administration Commission. '
i,iL,)te r 2 02 7, 1 7.
4 Liws ol' Hori(�,i, and the Svite Luicl NMtl�tig F�oF�(.I'i DetxiF��Ilen� kewlo�il�e
5 0p[')oAkff14y, These dforcliNc workforce housing early evacuation allocations that are in
6 addition to the maximum building permit allocations identified in Rules 28-20, F.A.C. The
7 County will consider adopting an extended timeframe for distribution of the ROGO allocations
8 through 2033 with committed financial support from its State and Federal partners. This
9 timeframe can provide a safety net to the County and provide additional time to implement land
10 acquisition and other strategies to reduce the demand for ROGO allocations and help transition
11 land into public ownership.
12
13 The County is actively engaged in acquisitions and is requesting its State and Federal partners
14 for assistance with implementing land acquisitions in Monroe County. The County will allocate
15 the 1,970 new dwelling unit allocations through July 12, 2026. If substantial financial support
16 is provided by July 12, 2023, the County will reevaluate the ROGO distribution allocation
17 schedule and consider an extended timeframe for the distribution of market rate allocations
18 (through a comprehensive plan amendment). Further, the State and County shall develop a
19 mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr.
20 Private Property Rights Protection Act cases, with the State having an active role both directly
21 and financially in the defense of such cases.
22
23 The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
24
Annual Allocation
ROGO Year All""Irl"lrllll("I'��'ll,li-dllllllall""b"""Ill,"IcllllI Workforce
Market Rate Affordable Housing liparIV
Initiative
July 13, 2013-July 12, 2014 126 71
July 13, 2014-July 12, 2015 126 71
July 13, 2015-July 12, 2016 126
July 13, 2016-July 12, 2017 126 N/A
July 13, 2017-July 12, 2018 126
July 13, 2018-July 12, 2019 126
July 13, 2019-July 12, 2020 126 568 total AFH
July 13, 2020-July 12, 2021 64 (total available
July 13, 2021-July 12, 2022 64 immediately)
July 13, 2022-July 12, 2023 64
July 13, 2023-July 12, 2024 62 300**
July 13, 2024-July 12, 2025 62
July 13, 2025-July 12, 2026 62
TOTAL 1,260 710* 300**
BOCC 04.16.2025 Page 10 of 25
File 2024-213
2799
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)
through the Incidental Take Permit(ITP) ending in 2023.
** AfforcliWe Wworld'orce housing early evacuation unit biJkl tU�,- allocations shall be available
countywide (unincorporated county) uti flic U[,?pgj� girl Lower gey"� �!�bgeis and distributed on a first-
come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing the
,ffforcl,iWe workforce housing early evacuation unit biJW�tlg, pgrqiq allocations are subject to the
provisions of Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the annual
3 allocation rate. Monroe County will request a Rule change from the Administration
4 Commission to authorize the above allocation timeframe and rate.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be established
8 by the State of Florida, pursuant to Administration Commission Rules, to affordable housing
9 units as part of ROGO. Any portion of the allocations not used for affordable housing shall be
10 retained and be made available for affordable housing from ROGO year to ROGO year.
11 Affordable housing eligible for this separate allocation and ffforcliWe workforce housing early
12 evacuation units shall meet the criteria specified in Policy 601.1.4 and the Land Development
13 Code, but shall not be subject to the competitive Residential Permit Allocation and Point
14 System in Policy 101.6.4. Any parcel proposed for affordable housing ordforcliWe workforce
15 housing early evacuation units shall not be located within an area designated as Tier I as set
16 forth under Goal 105 or within a Tier 111-A Special Protection Area as set forth in Policy
17 205.1.1.
18
19 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing ROGO
20 allocations may be awarded to Tier I or Tier 111-A properties which meet all of the following
21 criteria:
22 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC
23 Section 138-22(a) and is determined to be exempt from ROGO;
24 2. The proposed replacement affordable dwelling unit meets current Florida Building Code and
25 is not a mobile home;
26 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
27 years as affordable housing pursuant to the standards of the Land Development Code; and
28 4. The proposed site plan for the replacement affordable dwelling unit does not propose any
29 additional clearing of habitat.
30
31 Policy 101.3.4
32 The Permit Allocation System (or Rate of Growth Ordinance) for new residential development
33 shall specify procedures for:
34 1. establishing the annual number of per-mits i V ocifl otis for new residential units to be issued
35 during the next ROGO year based upon, but not limited to the following:
36 a. expired allocations and building permits in previous year;
37 b. allocations available, but not allocated in previous year;
38 c. number of allocations borrowed from future quarters;
39 d. vested allocations;
40 e. modifications required or provided by Administration Commission Rules;
41 f. modifications required or provided by this plan or agreement pursuant to Chapter 380,
42 Florida Statutes; and
BOCC 04.16.2025 Page It of 25
File 2024-213
2800
I g. receipt or transfer of affordable housing allocations by intergovernmental agreement;
2 and
3 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance
4 Time Memorandum of Understanding.
5 2. allocation of affordable housing, d"d"Or(I iWc workforce housing early evacuation units
6 biJLflu:!16)- 12�drraaufi ���.�oc�ifiuo ui and market rate housing units in accordance with Policies
7 101.3.2 and 101.3.3; and
8 3.timing of the acceptance of applications, evaluation and scoring of applications, and issuance
9 of permits for new residential development during the calendar year.
10
11 Policy 101.3.5
12 Due to the limited number of allocations and the State's requirement that the County maintain
13 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit
14 new transient residential allocations for hotel or motel rooms, campground spaces, or spaces
15 for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient units
16 shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
17 a ROGO exemption.
18
19 Policy 101.3.6
20 All public and institutional uses (except hospital rooms)that predominately serve the County's
21 non-transient population and which house temporary residents shall be subject to the Permit
22 Allocation System for residential development, except upon factual demonstration that such
23 transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
24 clearance time of Monroe County.
25
26
27
28 Policy 101.3.9
29 For those ROGO applications and properties which have not received a ROGO award for four
30 consecutive years and have applied for administrative relief, which are designated Tier I, II, or
31 IIIA,the County or the State shall offer to purchase the property if funding for such is available.
32 Refusal of the purchase offer shall not be grounds for granting a ROGO award.
33
34 Policy 101.3.10
35 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
36 101.3.10, building allocations utilized for affordable housing projects may be pooled and
37 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea,
38 and between local government jurisdictions within the Florida Keys Area of Critical State
39 Concern (ACSC). Any such transfer of affordable housing allocations between local
40 government jurisdictions must be accomplished through an interlocal agreement between the
41 sending and receiving local governments. Interlocal agreements that involve assigning the
42 County's affordable housing (not including affordable housing allocations banked for takings
43 cases) allocations to existing dwelling units within a municipality with a requirement that the
44 associated market rate ROGOBPAS exemptions be transferred into the unincorporated County
45 as an exchange for the affordable housing allocations transferred to the municipality, shall be
46 accomplished through a minor conditional use permit approval and shall be subject to the
47 receiver site criteria in Policy 101.6.8 and may be transferred to any subarea within the
Y Y( )P I lfo cl lb� workforce
48 unincorporated County. In no event shall the Count 1 0o an transfer
49 housing early evacuation unit biJ (figg) pgEiq allocations between ROGO sub-areas, (2)
BOCC 04.16.2025 Page 12 of 25
File 2024-213
2801
I transfer ffforcliNc workforce housing early evacuation unit allocations to
2 another government jurisdiction, (3) receive udforcl�iNc workforce housing early evacuation
3 unit building ep rmit allocations from another government jurisdiction,or(4)transfer affordable
4 housing ROGO allocations received by the County in exchange for workforce housing early
5 evacuation unit allocations to another government jurisdiction.
6
7 Policy 101.3.11
8 Monroe County may receive additional building permit allocations pursuant to the 2012
9 completed hurricane evacuation clearance time modeling and allocation recommendations by
10 the State Land Planning Agency and the Administration Commission's direction that the City
11 of Key West\transfer annually (by July 15th) any remaining unused allocations for that year
12 to the other Florida Keys' local governments based upon the local governments' ratio of vacant
13 land. Any transferred allocations from the City of Key West to Monroe County shall be made
14 available for Administrative Relief. Monroe County may receive, and award 300 building
15 permit allocations designated as ud"d"orcl�iNc workforce housing early evacuation units pursuant
16 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
17 provided y the Florida Administration strat>on Commission and the Svite...
d d IVY cycicuucu�uoti allocations that are in
18 oF� uu d e ��fi�c u fi 1 cewio�iii c 0[,) ������G��ui These c,:.
19 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be required to
20 evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
21
22 Policy 101.3.12
si�ti 1.der l E Initiative. To support Monroe County's
lwu c ���� �„Workforce ��vuu�..... ��cuuu��� ���w�m.........24 workforce by alleviating constraints on affordable housing, to protect private property rights
25 and address potential liability,the County is participating in the Workforce-Affordable Housing
26 Initiative (Workforce Initiative), as approved during the June 13, 2018 meeting of the Florida
27 Administration Commission. Monroe County accepts the 300 ud°d°orcl�INC workforce housing
28 early evacuation building permit allocations pursuant to the Workforce-Affordable Housing
29 Initiative authorized by the Florida Administration Commission, 0iU21gE 2023 1 7. Aduwc od"
30 Hord( ,1., and i c Svite Lm( N..:.�U1uJud.
c Fiof:4.1ui kewloilue (Id)poFtwiifiy�, The
31 Workforce-Affordable Housing Initiative will require dwelling units constructed and/or deed
32 restricted with workforce housing early evacuation building permit allocations to evacuate
33 occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane, pursuant to the
34 criteria below.
35
36 To participate in the Workforce Initiative, Monroe County shall be responsible for the
37 management, distribution, and enforcement of requirements associated with the ud"d"orcl�iNc
38 workforce housing early evacuation building permit allocations. Monroe County shall ensure
39 adherence to these requirements through implementation of this policy and shall annually
� u l 6)-q �?:...4)f:i���iu A d d�'a �� uc ����� �"��ulo� ilic".0[,)d���1�� 11f14 areport
40 providetot e �dlfic >L�u�rd� d� �u�diu
g c iN c workforce housing early evacuation units built and/or deed
41 indicating the number o cud°d°��g
42 restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase
43 I of an evacuation. The annual report shall be provided to the State in a timely manner such that
44 the State may include the information in the required Annual Report to the GovemoF uiti(l�
45 i on the County's progress toward completion of
' .. � d ...���rru� �u ,A� u��u��uci�rr�uiu���� �'��a��u��uccu�ot..
46 its Work Program pursuant to Rule 28-20, F.A.C.
47
48 Dwelling units developed and/or deed restricted utilizing zmg the ffforcliNc workforce housing
49 early evacuation unit i;Jkl� g pg�gjt allocations are subject to the following:
BOCC 04.16.2025 Page 13 of 25
File 2024-213
2802
2 (a) Requests for ffforcliNc workforce housing early evacuation unit biJH(Ji'U1_ [?Mii�t
Ible 3 allocations 4iMl be etfly A)f I A)f &ie�I'Itlge 14 '1114(i'
4 M�oe'i4iwls/exe�iq)tiwls 'iti(l require a reservation via BOCC resolution. The BOCC may, at
5 its discretion,place conditions on any reservation as it deems appropriate su6 is csmNis ii'tlg
6 flic iticoaic citcg�2Jcs lor ffloc'Itiotis Ple M)cc �il'iy; 'ii its (.NwFe�iwl; ex0l ltlgre
7
8 pf:iy'ite �Ieyeioj'wlen� �It*l t1w1[')F4'4 seetof: ['xlF�tleFs �o aIleet flie ol,flie
8Y Ht
flie 9 -VVoA&)Fee Wltiitlg etldy litlit Mloe�
10
11 ,HFEkb�e R+Hl+
12 wi(lef:flie �XoFlil'ot:ee ltiiti�ltiye �o pf:iy'i�e t1w1J')Fo1'4 seetoF I'xi4tiefs WiH41#
13 to Meet flie el flie A' ,()4146e 6)1+1"41g e�ldy ev�lelltl�iotl HH4
14
15
16 4iel'; benelleiM lice (.Ietemlitl'i�iwls 'itl(l to Fe"ob�e 41yeFse ew*le�im ltiwl eslses sIt*l
17 keft J 1 4: P�iv4e pFopef�'Y ['Foy ee4�wl Aet etl!'Ile!'"W:
18
19 FetifffleEl to flie cwlfl" be l�141�tl4leel tis Mk)em wls Mse be
20 FetllmeEl �o flie oFigitid '4'14(1,44 WHS41,Llr e4e#OF'y (VeFy i0-VV/10W/R1e(,NHB itleO�ile
21
22
23 flie ()F�941M �fleo �ile e4egoF� ()F tj �esseF
24 Eftk tt*_�_
25
26 J')Fo[')eftY 4�el' 4o�il flie ewl 411)eEl 4, flie kilte ol, GFo-V41 ()R'141ltlee
27
28 41tl �144(1 L�It*l Develo[')�ilent GoEle:
29
30 pf:44 41 flie exef:eise 4, '1 J')f:o[')eft'Y FoF flie pliq)ose 4, fllis ..:pokey;
31 beiielleiM 11se 141M� �iletltl flie �il4li�illwl 11se el flie [')F013ef Y �o flie
32 1,41(.141'a 4"1 Feglfl�ltoFy lit*IeF eliFfen� bitl('l Ilse e'ise biw�
33
34
35 81')[)F0VM (4, �1 Fe!"
i�)kitiwl tq')pf0V41g �1 eotltf let betx'eeii flie B(Wc t1tit'l flie to
36
37 W()A&)fee ltliti�ltive fll s 12(4iey�
38 (eh) All dforcliNc workforce housing early evacuation units require a deed-restriction
39 ensuring:
40 (1) Before any building permit may be issued for any structure, portion or phase of a
41 project subject to the Workforce Initiative, a restrictive covenant shall be approved
42 by the Planning Director and County Attorney and recorded in the Office of the Clerk
43 of the County to ensure compliance with the provision of this section running in favor
44 of the County and enforceable by the County and, if applicable, a participating
45 municipality. The following requirements shall apply to these restrictive covenants:
46 a. The covenants for any workforce housing early evacuation units shall be effective
47 for 99 years.
48 b. The covenants shall not commence running until a certificate of occupancy has
49 been issued by the Building Official for the dwelling unit or dwelling units to
BOCC 04.16.2025 Page 14 of 25
File 2024-213
2803
I which the covenant or covenants apply.
2 c. For existing dwelling units that are deed-restricted as workforce housing early
3 evacuation units, the covenants shall commence running upon recordation in the
4 Official Records of Monroe County.
5 (2) The covenants shall require that the workforce housing early evacuation units to be
6 restricted to rental occupancy for those who derive at least 70% of their income as
7 members of the workforce in Monroe County and who meet the affordable housing
8 income categories of the Monroe County Land Development Code. The occupants
9 are required to annually verify their employment and income eligibility.
10 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation
11 of a pending major hurricane. Persons living in the workforce housing early
12 evacuation units who may be exempted from evacuation requirements are limited to
13 law enforcement, correctional and fire personnel, health care personnel, and public
14 employees with emergency management responsibilities. If there is an occupant that
15 indicates their employment is considered a`first-responder position' and not included
16 in the list of exemptions above,then the Planning Director shall determine,in writing,
17 whether the person may be exempted because of a requirement to remain during an
18 emergency. Any person claiming exemption under this provision shall submit of an
19 affidavit of qualification and faithfully certify their status with the onsite property
20 management.
21 (4) The covenants shall require rental agreements which contain a separate disclosure
22 requiring rental occupants to acknowledge the existing restrictive covenant on the
23 unit requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere
24 to the Phase 1 evacuation requirement could result in severe penalties, including
25 eviction, to the occupant.
26 (5) The covenants shall require onsite property managers and a separate employment
27 disclosure requiring the maintenance of training in evacuation procedures and an
28 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
29 result in severe penalties, including termination.
Nc NALWorkforce housing early evacuation units shall be restricted to rental
31 occupancy for those who derive at least 70% of their income as members of the workforce
32 in Monroe County and who meet the affordable housing income categories of the Monroe
33 County Land Development Code.Workforce means individuals or families who are gainfully
34 employed supplying goods and/or services to Monroe County residents or visitors.
35 (e(0A1J'r(1,iNc W „orkforce housing early evacuation units shall require onsite property
36 management with property managers trained in evacuation procedures and required to
37 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
property g r(I lNe workforce housing
38 ours, themanager er must be an office within the ��dd�;
39 early evacuation unit development subject property. Outside the traditional working hours,
40 the property manager must be available at all times to respond to evacuation orders.
41 (1�"c) The property management entity for the ffd"orcl�iNc workforce housing early evacuation
42 units shall be required to annually verify the employment and income eligibility of tenants;
43 report the total units on the site,the occupancy rates of units, and tenant compliance with the
44 requirement to evacuate the units in Phase I of an evacuation, including the number of
45 occupants that are exempt from the evacuation requirements. The property management
46 entity must submit a report to the Planning and Environmental Resources Department by
47 May 1 of each year. Further, each lease and this annual report shall be kept by the property
48 manager and be available for inspection by the County during traditional working hours.
sOCC 04.16.2025 Page 15 of 25
File 2024-213
2804
A1j'orcliWe NALWorkforce housing early evacuation units shall be located within an area
2 designated as Tier III.
3 Q t ( Afforcl iWe W „orkforce housing early evacuation units shall not be located in the V-
4 Zone or within a Coastal Barrier Resource System (CBRS).
5 0 e W „orkforce housing early evacuation units shall be located on a property
6 which has all infrastructure available (potable water, adequate wastewater treatment and
7 disposal wastewater meeting adopted LOS,paved roads, etc.).
8 (J ) All ffforcliWe workforce housing early evacuation units must demonstrate compliance
9 with all applicable federal standards for accessibility for persons with disabilities (ADA
10 Compliance).
11 (Iij) To the greatest extent practicable, a development utilizing ffforcliWe workforce housing
12 early evacuation unit i J V Ll„�uig p„ allocations shall incorporate sustainable and resilient
13 design principles into the ov
erall site design �itiel ffiq')Voy.�ilu ec4efM,
15 O TQ i. e Le Itesfi extent pgngi e. I &vee opjje!jfi...iquVuAg ffd°orcl�iWe world°orce Wuse 'gg
� U V
16 cci,rVy ���..cic��c�fiu��ui ��u���. i�uV��l.�.ul�� p����au�ufi '��.���c�i�u��,tic c����V �. �i�.ccccu..�Vc fi�� ...p�� �V��..au���u....
ccIltc r...
V , :Y icl MigtWti
18
19 GOAL 601
20 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
21 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population
22 based on type, tenure characteristics, unit size and individual preferences.
23
24 Objective 601.1
25 To ensure that affordable housing opportunities are available throughout the entire community and
26 to maintain a balanced and sustainable local economy and the provision of essential services,Monroe
27 County shall implement the following defined policies to reduce estimated affordable housing need
28 for its workforce and households in the very low, low, median and moderate income classifications.
29 [F.S. § 163.3177(6)(f)l.]
30
31 Policy 601.1.1
32 Monroe County shall maintain land development regulations, in conjunction with the Permit
33 Allocation System, for apportioning future affordable housing development.
34
35 Policy 601.1.2
36 Monroe County shall continue its participation in Federal and State housing assistance
37 programs to rehabilitate owner and rental housing for very low, low, median, and moderate
38 income residents by seeking grants, loans, and technical assistance in conjunction with the
39 Monroe County Housing Authority. Monroe County shall also participate, as appropriate, in
40 FEMA Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA)
41 Program and Community Development Block Grant - Disaster Recovery (CDBG-DR) grant
42 programs to supportthe completion of flood mitigation projects, such as the elevation of homes
43 above base flood level to reduce the risk of future flood damage. [F.S. § 163.3177(6)(f)3.]
44
45 Policy 601.1.3
46 The Monroe County Land Authority shall maintain a list of buildable properties owned or
47 targeted for acquisition by the Land Authority which potentially could be donated or made
48 available for affordable housing. This list will be updated annually and made available to the
BOCC 04.16.2025 Page 16 of 25
File 2024-213
2805
I public. The guidelines established in Policies 601.1.10 and 601.1.11 shall be considered in the
2 formulation of this list.
3
4 Policy 601.1.4
5 All affordable housing projects which receive development benefits from Monroe County,
6 including but not limited to ROGO allocation award(s) reserved for affordable housing,
7 maximum net density, or donations of land, shall be required to maintain the project as
8 affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified
9 in the Land Development Code, and administered by Monroe County or the Monroe County
10 Housing Authority.
11
12 Policy 601.1.5
13 If Monroe County funding or County-donated land is to be used for any affordable housing
14 project, alternative sites shall be assessed according to the following guidelines:
15 1. The location of endangered species habitat. Sites within known, probable, or potentially
16 suitable threatened or endangered species habitat shall be avoided.
17 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall be
18 determined according to the ranking specified in the Environmental Design Criteria
19 section of the Land Development Code. Disturbed sites shall be selected, unless no
20 feasible alternative is available.
21 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be avoided.
22 4. The level of service provided in the vicinity for all public facilities. Areas which are at or
23 near capacity for one or more public facility should be avoided.
24 5. Proximity to employment and retail centers. Sites within five miles of employment and
25 retail centers shall be preferred.
26
27 Policy 601.1.6
28 Monroe County shall identify funding sources that could be made available to support
29 community-based non-profit organizations such as Habitat for Humanity in their efforts to
30 provide adequate affordable housing.
31
32 Policy 601.1.7
33 Monroe County shall continue to participate in the State Housing Incentives Partnership
34 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe County
35 shall also continue to maintain a Local Housing Assistance Plan and Affordable Housing
36 Incentive Strategies as specified in the Act and recommended by the Monroe County
37 Affordable Housing Advisory Committee.
38
39 Policy 601.1.8
40 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
41 established by the State of Florida,pursuant to Administration Commission Rules,to affordable
42 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
43 allocation must meet the criteria established in the Land Development Code. Monroe County
44 may award 300 additional mg permit a ocations designated as d orcl�iNc workforce
45 housing early evacuation units pursuant to the Workforce-Affordable Housing Initiative(Policy
46 101.3.12 Workforce Initiative)as provided by the Florida Administration Commission.,, "
1 i UWS of Horicl�l, and the Svite L�gicl N�p,�UJg ...�g���� Fk)���4'1'1 Pep'wkilef4 6eOulHilie
[ J kl� u�� p a p allocations are in addition to the maximum allocations
48 (_p�����������u����.1���:. These 1��..
49 identified in Rules 28-20, F.A.C., are restricted to rental occupancy for those who derive at
BOCC 04.16.2025 Page 17 of 25
File 2024-213
2806
I least 70% of their income as members of the workforce in Monroe County and who meet the
2 affordable housing income categories of the Monroe County Land Development Code, and
3 shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
4
5
6 IV. ANALYSIS OF PROPOSED AMENDMENT
7
8 The proposed amendment would provide new opportunities for the utilization of the County's remaining
9 early evacuation unit building permit allocations by removing the requirement to exchange existing
10 affordable allocations / units. This modification will result in the potential development of new
11 workforce affordable units with various income limits which continue to be an identified need for the
12 community. While this will result in the reduction of additional allocations potentially banked to resolve,
13 it will allow for the potential development of new code compliant housing.
14
15
16 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
17 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
18
19 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
20 County 2030 Comprehensive Plan. Specifically,it furthers:
21
22 GOAL 101
23 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
24 residents and visitors, and protect valuable natural resources.
25
26 Objective 101.2
27 As mandated by the State of Florida,pursuantto Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
28 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
29 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
30 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
31 County and all the municipalities and the State agencies.
32
33 Policy 101.2.1
34 Monroe County shall maintain a memorandum of understanding with the State Land Planning
35 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
36 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
37 variables and assumptions, including regional considerations, for utilizing the Florida Division of
38 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
39 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
40
41 Objective 101.3
42 Monroe County shall regulate new residential development based upon the finite carrying capacity
43 of the natural and man-made systems and the growth capacity while maintaining a maximum
44 hurricane evacuation clearance time of 24 hours.
45 Policy 101.3.5
46 Due to the limited number of allocations and the State's requirement that the County maintain a
47 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
48 transient residential allocations for hotel or motel rooms, and any lock-out units, campground spaces,
BOCC 04.16.2025 Page 18 of 25
File 2024-213
2807
I or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient
2 units shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
3 a ROGO exemption. (Ord. No. 010-2021)
4
5 Policy 101.3.6
6 All public and institutional uses (except hospital rooms)that predominately serve the County's non-
7 transient population and which house temporary residents shall be subject to the Permit Allocation
8 System for residential development, except upon factual demonstration that such transient
9 occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time
10 of Monroe County.
11
12 Objective 101.17
13 Monroe County shall protect established rights of landowners affected by the provisions of this Plan
14 or the land development regulations; and, therefore adopts the following policies for the
15 determination of vested rights and beneficial use.
16
17 Policy 101.17.4
18 BENEFICIAL USE
19 1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC
20 shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall
21 adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land
22 development regulation or comprehensive plan policy has had an unconstitutional effect on
23 property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the
24 minimum use of the property necessary to avoid the finding of a regulatory taking under current
25 land use case law.
26 2. The relief to which an owner shall be entitled may be provided through the use of one or a
27 combination of the following:
28 a) granting of a permit for development which shall be deducted from the Permit Allocation
29 System;
30 b) granting of use of transferable development rights (TDRs);
31 c) Government purchase offer of all or a portion of the lots or parcels upon which there is no
32 beneficial use. This alternative shall be the preferred alternative when beneficial use has been
33 deprived by application of Chapter 138 of the Land Development Code. This alternative shall
34 be the preferred alternative for Tier I, 11, or III-A(SPA) lands;
35 d) such other relief as the County may deem appropriate and adequate.
36 The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking of
37 the property under state and federal law.With respect to the relief granted pursuant to this policy
38 or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred form of relief
39 for any land within Tier I and Tier 11, or Tier III-A (SPA).
40 3. Development approved pursuant to a beneficial use determination shall be consistent with all other
41 objectives and policies of the Plan and LDC unless specifically exempted from such requirements
42 in the final beneficial use determination.
43 4. This policy is not intended to provide relief related to regulations promulgated by agencies other
44 than the county or to provide relief for claims that are not cognizable in court at the time of
45 application of this policy. Further, the procedures established for this policy are not intended, nor
46 do they create, a judicial cause of action.
47 5. The land development regulations shall establish standards, procedures, and remedies for an
48 administrative determination of beneficial use.
49
BOCC 04.16.2025 Page 19 of 25
File 2024-213
2808
I GOAL 601
2 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
3 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
4 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
5 163.3177(6)(f)l., 3.]
6
7 Policy 601.1.1
8 Monroe County shall maintain land development regulations, in conjunction with the Permit
9 Allocation System, for apportioning future affordable housing development.
10
11 Policy 601.1.4
12 All affordable housing projects which receive development benefits from Monroe County, including
13 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
14 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
15 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
16 administered by Monroe County or the Monroe County Housing Authority.
17
18 Policy 601.1.9
19 Monroe County shall maintain land development regulations which may include density bonuses,
20 impact fee waiver programs, and other possible regulations to encourage affordable housing.
21
22 Objective 601.3
23 Monroe County shall continue implementation efforts to eliminate substandard housing and to
24 preserve, conserve and enhance the existing housing stock, including historic structures and sites.
25 [F.S. § 163.3177(6)(f)l., 3.]
26
27
28 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
29 Area, Section 380.0552(7), Florida Statutes.
30
31 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
32 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
33 no specific provision shall be construed or applied in isolation from the other provisions.
34 (a) Strengthening local government capabilities for managing land use and development so that local
35 government is able to achieve these objectives without continuing the area of critical state concern
36 designation.
37 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
38 wetlands, fish and wildlife, and their habitat.
39 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
40 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
41 their habitat.
42 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
43 development.
44 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
45 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
46 ensuring that development is compatible with the unique historic character of the Florida Keys.
47 (g) Protecting the historical heritage of the Florida Keys.
48 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
49 public investments,including:
50 1. The Florida Keys Aqueduct and water supply facilities;
51 2. Sewage collection, treatment, and disposal facilities;
BOCC 04.16.2025 Page 20 of 25
File 2024-213
2809
1 3. Solid waste treatment, collection, and disposal facilities;
2 4. Key West Naval Air Station and other military facilities;
3 5. Transportation facilities;
4 6. Federal parks,wildlife refuges, and marine sanctuaries;
5 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
6 8. City electric service and the Florida Keys Electric Co-op; and
7 9. Other utilities, as appropriate.
8 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
9 replacement of stormwater management facilities; central sewage collection; treatment and disposal
10 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
11 disposal systems.
12 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
13 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
14 applicable, and by directing growth to areas served by central wastewater treatment facilities through
15 permit allocation systems.
16 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
17 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
18 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
19 manmade disaster and for a postdisaster reconstruction plan.
20 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
21 Florida Keys as a unique Florida resource.
22 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
23 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
24
25 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
26 Specifically, the amendment furthers:
27
28 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
29 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
30 public interest; overcome present handicaps; and deal effectively with future problems that may result from
31 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
32 it is intended that units of local government can preserve, promote, protect, and improve the public health,
33 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
34 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
35 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
36 protect natural resources within their jurisdictions.
37
38 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
39 out in this act and that no public or private development shall be permitted except in conformity with
40 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
41
42 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines,standards,and strategies
43 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
44 area that reflects community commitments to implement the plan and its elements. These principles and
45 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
46 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
47 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
48 government's programs,activities,and land development regulations will be initiated,modified,or continued
49 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
50 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
51 programs, activities, and land development regulations that will be part of the strategy for implementing the
sOCC 04.16.2025 Page 21 of 25
File 2024-213
2810
I comprehensive plan and the principles that describe how the programs, activities, and land development
2 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
3 development of land and provide meaningful guidelines for the content of more detailed land development
4 and use regulations.
5
6 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and strategies to
7 be followed in:
8 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
9 b. The elimination of substandard dwelling conditions.
10 c. The structural and aesthetic improvement of existing housing.
11 d.The provision of adequate sites for future housing,including affordable workforce housing as defined
12 in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-income families,
13 mobile homes,and group home facilities and foster care facilities,with supporting infrastructure and
14 public facilities. The element may include provisions that specifically address affordable housing
15 for persons 60 years of age or older. Real property that is conveyed to a local government for
16 affordable housing under this sub-subparagraph shall be disposed of by the local government
17 pursuant to s. 125.379 or s. 166.0451.
18 e. Provision for relocation housing and identification of historically significant and other housing for
19 purposes of conservation,rehabilitation, or replacement.
20 f. The formulation of housing implementation programs.
21 g. The creation or preservation of affordable housing to minimize the need for additional local services
22 and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.
23
24 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
25 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part,
26 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
27 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations
28 for the development of land or the adoption and enforcement by a governing body of a land development code
29 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
30 plan as required by this act.
31
32 420.0004, F.S.—Definitions. As used in this part,unless the context otherwise indicates:
33 (1) "Adjusted for family size"means adjusted in a manner which results in an income eligibility level
34 which is lower for households with fewer than four people, or higher for households with more than four
35 people, than the base income eligibility determined as provided in subsection(9), subsection (11),
36 subsection(12),or subsection (17),based upon a formula as established by the United States Department of
37 Housing and Urban Development.
38 (2) "Adjusted gross income"means all wages, assets, regular cash or noncash contributions or gifts from
39 persons outside the household, and such other resources and benefits as may be determined to be income by
40 the United States Department of Housing and Urban Development, adjusted for family size, less deductions
41 allowable under s. 62 of the Internal Revenue Code.
42 (3) "Affordable"means that monthly rents or monthly mortgage payments including taxes,insurance, and
43 utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted
44 gross annual income for the households as indicated in subsection(9), subsection(11), subsection (12), or
45 subsection(17).
46 (4) "Corporation"means the Florida Housing Finance Corporation.
47 (5) "Community-based organization"or"nonprofit organization"means a private corporation organized
48 under chapter 617 to assist in the provision of housing and related services on a not-for-profit basis and
49 which is acceptable to federal and state agencies and financial institutions as a sponsor of low-income
50 housing.
51 (6) "Department"means the Department of Commerce.
BOCC 04.16.2025 Page 22 of 25
File 2024-213
2811
1 (7) "Disabling condition"means a diagnosable substance abuse disorder, serious mental illness,
2 developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of
3 these conditions, and a determination that the condition is:
4 (a) Expected to be of long-continued and indefinite duration; and
5 (b) Not expected to impair the ability of the person with special needs to live independently with
6 appropriate supports.
7 (8) "Elderly"describes persons 62 years of age or older.
8 (9) "Extremely-low-income persons"means one or more natural persons or a family whose total annual
9 household income does not exceed 30 percent of the median annual adjusted gross income for households
10 within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to
11 provide that in lower income counties, extremely low income may exceed 30 percent of area median income
12 and that in higher income counties, extremely low income may be less than 30 percent of area median
13 income.
14 (10) "Local public body"means any county, municipality, or other political subdivision,or any housing
15 authority as provided by chapter 421,which is eligible to sponsor or develop housing for farmworkers and
16 very-low-income and low-income persons within its jurisdiction.
17 (11) "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross
18 household income of which does not exceed 80 percent of the median annual adjusted gross income for
19 households within the state,or 80 percent of the median annual adjusted gross income for households within
20 the metropolitan statistical area(MSA)or,if not within an MSA,within the county in which the person or
21 family resides,whichever is greater.
22 (12) "Moderate-income persons"means one or more natural persons or a family,the total annual adjusted
23 gross household income of which is less than 120 percent of the median annual adjusted gross income for
24 households within the state,or 120 percent of the median annual adjusted gross income for households
25 within the metropolitan statistical area(MSA) or,if not within an MSA,within the county in which the
26 person or family resides,whichever is greater.
27 (13) "Person with special needs"means an adult person requiring independent living services in order to
28 maintain housing or develop independent living skills and who has a disabling condition; a young adult
29 formerly in foster care who is eligible for services under s. 499.1451(5); a survivor of domestic violence as
.........................................................
30 defined in s. 74-1.28, or a person receiving benefits under the Social Security Disability Insurance (SSDI)
31 program or the Supplemental Security Income (SSI)program or from veterans' disability benefits.
32 (14) "Student"means any person not living with his or her parent or guardian who is eligible to be
33 claimed by his or her parent or guardian as a dependent under the federal income tax code and who is
34 enrolled on at least a half-time basis in a secondary school, career center, community college, college, or
35 university.
36 (15) "Substandard"means:
37 (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants;
38 (b) A unit which is in violation of one or more major sections of an applicable housing code and
39 where such violation poses a serious threat to the health of the occupant; or
40 (c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less
41 than 50 percent of the property value.
42 (16) "Substantial rehabilitation"means repair or restoration of a dwelling unit where the value of such
43 repair or restoration exceeds 40 percent of the value of the dwelling.
44 (17) "Very-low-income persons"means one or more natural persons or a family,not including students,
45 the total annual adjusted gross household income of which does not exceed 50 percent of the median annual
46 adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross
47 income for households within the metropolitan statistical area(MSA) or,if not within an MSA,within the
48 county in which the person or family resides,whichever is greater.
49
50 420.502, F.S.—Legislative findings.-
51 (8)(b) It is necessary to create a state housing finance strategy to provide affordable workforce housing
52 opportunities to essential services personnel in areas of critical state concern designated under s. 380.05, for
53 which the Legislature has declared its intent to provide affordable housing, and areas that were designated
BOCC 04.16.2025 Page 23 of 25
File 2024-213
2812
I as areas of critical state concern for at least 20 consecutive years before removal of the designation. The
2 lack of affordable workforce housing has been exacerbated by the dwindling availability of developable
3 land, environmental constraints, rising construction and insurance costs, and the shortage of lower-cost
4 housing units. As this state's population continues to grow, essential services personnel vital to the
5 economies of areas of critical state concern are unable to live in the communities where they work, creating
6 transportation congestion and hindering their quality of life and community engagement.
7
8 420.503, F.S.—Definitions.-
9 (19) "Essential services personnel"means natural persons or families whose total annual household
10 income is at or below 120 percent of the area median income, adjusted for household size, and at least one
11 of whom is employed as police or fire personnel, a child care worker, a teacher or other education
12 personnel,health care personnel, a public employee, or a service worker.
13
14
15 420.5095, F.S. Community Workforce Housing Loan Program.-
16 (1) The Legislature finds and declares that recent rapid increases in the median purchase price of a home
17 and the cost of rental housing have far outstripped the increases in median income in the state, creating the
18 need for innovative solutions for the provision of housing opportunities.
19 (2) The Community Workforce Housing Loan Program is created to provide workforce housing for persons
20 affected by the high cost of housing.
21 (3) For purposes of this section,the term"workforce housing"means housing affordable to natural persons
22 or families whose total annual household income does not exceed 80 percent of the area median income,
23 adjusted for household size, or 120 percent of area median income, adjusted for household size, in areas of
24 critical state concern designated under s. 3.80.05, for which the Legislature has declared its intent to provide
25 affordable housing, and areas that were designated as areas of critical state concern for at least 20 consecutive
26 years before removal of the designation.
27 (4) The Florida Housing Finance Corporation is authorized to provide loans under the program to applicants
28 for construction of workforce housing.
29 (5) The corporation shall establish a loan application process under s.4720.:y_08 .
30 (6) Projects must be given priority consideration for funding if the local jurisdiction has adopted, or is
31 committed to adopting, appropriate regulatory incentives, local contributions or financial strategies, or other
32 funding sources to promote the development and ongoing financial viability of such projects.Local incentives
33 include such actions as expediting review of development orders and permits, supporting development near
34 transportation hubs and major employment centers, and adopting land development regulations designed to
35 allow flexibility in densities,use of accessory units, mixed-use developments, and flexible lot configurations.
36 Financial strategies include such actions as promoting employer-assisted housing programs, providing tax
37 increment financing, and providing land.
38 (7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed 15 years.
39 (8) The corporation may adopt rules pursuant to ss._1.2Q..,y 3�0) and_1.20.,4.. to implement this section.
40
41 125.01055,F.S. -Affordable housing.-
42 (1) Notwithstanding any other provision of law, a county may adopt and maintain in effect any law,
43 ordinance,rule, or other measure that is adopted for the purpose of increasing the supply of affordable
44 housing using land use mechanisms such as inclusionary housing or linkage fee ordinances.
45
46
47 VI. PROCESS
48
49 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
50 Planning Commission, the Director of Planning, or the owner or other person having a contractual
51 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
BOCC 04.16.2025 Page 24 of 25
File 2024-213
2813
I process applications as they are received and pass them onto the Development Review Committee and
2 the Planning Commission.
3
4 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
5 the application, the reports and recommendations of the Department of Planning & Environmental
6 Resources and the Development Review Committee and the testimony given at the public hearing. The
7 Planning Commission shall submit its recommendations and findings to the Board of County
8 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
9 comprehensive plan amendment,and considers the staff report, staff recommendation, and the testimony
10 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
11 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
12 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
13 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
14 changes or not adopt the amendment.
15
16
17 VII. STAFF RECOMMENDATION
18
19 Staff recommends approval of the proposed amendment.
20
21 VIIL EXHIBITS
22
23 1. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department
24 of Economic Opportunity ("DEO")for a Keys Workforce Housing Initiative.
25 2. DEO Preliminary draft language based on the minimum requirements.
BOCC 04.16.2025 Page 25 of 25
File 2024-213
2814
° 11i h li t
GOVERNOR
R1 U(_1K, !"CUTT
IaiY � m i �o����i��m�ii 1, VIS(rid S
FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE
May 2, 2018 (850)717-9282
rm.:.e.� ii ..�'m(.,,o .irm°m -floirii��. ..:. ��in"i
Gov. Scott Directs DEO to Enhance Workforce Housing in the
Florida Keys
TALLAHASSEE, Fla. — Governor Scott today directed the Department of Economic Opportunity
(DEO)to propose enhanced workforce housing in the Florida Keys as part of the continued efforts to
recover from the tremendous impact Hurricane Irma had on the Keys. Hurricane Irma destroyed much
of the housing that served the workforce population and the proposed Keys Workforce Housing
Initiative will allow local governments to grant additional building permits for rental properties. This
initiative will be presented to the Florida Cabinet at the next meeting.
Governor Scott said, "Hurricane Irma left a devastating impact on our state, especially in the Florida
Keys and since the storm we have been working hard to rebuild even stronger than before. For
business owners across the Keys, the availability of affordable workforce housing has been a
challenge that was compounded by Hurricane Irma. The Keys Workforce Housing Initiative will provide
much-needed access to workforce housing, allowing businesses the opportunity to grow while
providing a plan to ensure Keys residents can evacuate safely before a storm."
DEO is charged with reviewing local development decisions in the Florida Keys due to its legislative
designation as an Area of Critical State Concern. State law requires that growth be limited in the Keys
to ensure that residents can evacuate safely within 24 hours in advance of a hurricane. To meet the
increased demand for workforce housing, the innovative Keys Workforce Housing Initiative will require
new construction that participates to commit to evacuating renters in the 48-hour window of
evacuation.
The initiative will allow up to 1,300 new building permits for workforce housing throughout the Florida
Keys. Local governments that choose to participate in the initiative will work with DEO to amend their
comprehensive plans to allow for additional building permits that meet these safety requirements.
Cissy Proctor, Executive Director of DEO, said, "As I have toured the damage from Hurricane Irma,
the number one priority of business and community leaders is the need for more workforce housing.
We are proud to provide an option to local governments that will help businesses have the talent they
2815
need to remain in the Keys and grow their companies. This solution will not only provide workforce
housing for private-sector businesses but public servants, like law enforcement and teachers, as well.
Our agency is committed to working with our partners in the Keys to provide ample workforce housing
without compromising the safety of Floridians. We appreciate our partners at the Florida Division of
Emergency Management for working with us to make sure Keys residents are still able to safely
evacuate."
Representative Holly Raschein said, "Hurricane Irma pushed the affordable housing problem in the
Florida Keys to a critical state, decimating an already strained stock of housing for our workforce. I
have discussed this concern with Governor Scott and the Department of Economic Opportunity (DEO)
both in Tallahassee and during the Governor's many visits to the Keys as he's lead us through our
recovery efforts. The plan Governor Scott has directed DEO to bring before Cabinet is a creative
solution to the most pressing recovery challenge still facing the Florida Keys and I encourage all
Cabinet members to support this proposal."
Wes Maul, Director of the Florida Division of Emergency Management, said, "Our agency's primary
goal is the safety of Florida residents during disasters. The Keys Workforce Housing Initiative ensures
the safety of tourists and residents of the Keys during major storms, while allowing critical economic
development activities to continue. We appreciate DEO's partnership in this endeavor."
2816
Goal X—Workforce-Affordable Housing Initiative.
To support Monroe County's workforce by alleviating constraints on affordable housing the County shall
participate in the Workforce-Affordable Housing Initiative, as approved during the June 13, 2018 meeting
of the Administration Commission. The Workforce-Affordable Housing Initiative will require new
construction that participates to commit to evacuating renters in the 48-hour window of evacuation.
Objective XX—Provide Workforce-Affordable Housing Building Permit Allocations.
The County shall establish a new limited category (needs a name-Phase One Affordable
(POA)????) for 300 workforce-affordable building permit allocations to participate in the
Workforce-Affordable Housing Initiative. These allocations are in addition to the maximum
allocations identified in Rules 28-18, Florida Administrative Code. The County shall be
responsible for the management, distribution, and enforcement of requirements associated with
the POA allocations. Monroe County shall ensure adherence to these requirements through
implementing the policies of this objective.
Policy X.1.1—Distribution of Workforce-Affordable Housing Allocations. Workforce-
affordable housing allocations shall be distributed in accordance with (insert policy
describing BPAS ranking procedures or ranking procedures specific to POA).
Policy X.1.2 - Specific Standards and Requirements for Workforce-Affordable Housing.
Workforce-affordable housing units built under this program shall:
a. be multifamily structures,
b. be rental units,
c. require, at a minimum, adherence to the latest edition of the Florida Building
Code as published by the Florida Building Commission,
d. not be placed in the V-Zone or within the Coastal Barrier Resource Systems,
e. require on-site property management,
f. comply with applicable locational criteria and densities for multifamily
affordable housing units,
g. incorporate sustainable and resilient design principles into the overall site
design,
h. ensure accessibility to employment centers and amenities;
i. require deed-restrictions ensuring:
i. the property remains workforce-affordable housing in perpetuity,
ii. tenants evacuate during the period in which transient units are
required to evacuate,
iii. rental agreements contain a separate disclosure requiring renters to
acknowledge that failure to adhere to the evacuation requirement
could result in severe penalties, including eviction, to the resident;
iv. onsite property managers are formally trained in evacuation
procedures.
Policy X.1.3—Evacuation exemptions. Persons living in workforce-affordable housing
who are exempt from evacuation requirements of Policy X.1.2.i.1 include all first
responders, correction officers, health care professionals, or other first-response workers
required to remain during an emergency, provided the person claiming exemption under
this policy has faithfully certified their status with property management.
2817
Policy-X.1.4—ADA Compliance. All workforce-affordable housing developments must
demonstrate compliance with all applicable federal standards for accessibility for persons
with disabilities.
Policy X.1.4-Evaluation and Report. Monroe County shall Local governments participating in the
program shall provide to the state land planning agency an Annual Report by July 1 (or January 1???)
of each year indicating the number of workforce-affordable units built, occupancy rates, and
compliance with the requirement to evacuate the units in the Phase I evacuation.
2818
1 '� -
2
3
4
5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO.005-2021
10
11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE FUTURE
14 LAND USE ELEMENT AND THE HOUSING ELEMENT TO ESTABLISH
15 A NEW BUILDING PERMIT ALLOCATION CATEGORY TO ACCEPT
16 AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS PURSUANT TO THE
18 WORKFORCE-AFFORDABLE HOUSING INITIATIVE (WORKFORCE
19 INITIATIVE) AUTHORIZED BY THE FLORIDA ADMINISTRATION
20 COMMISSION AND THE FLORIDA DEPARTMENT ECONOMIC
21 OPPORTUNITY BY AMENDING AS WELL AS CLARIFYING POLICIES
22 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1,
23 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1 AND CREATING NEW POLICY
24 10i.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE INITIATIVE
25 REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
26 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
27 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
28 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
29 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE
30 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO. 2020-067)
31
32
33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
35 health, safety. and welfare of the County's citizens; and
36
37 WHEREAS, Florida Statute § 380.0552., the Florida Keys Area protection and
38 designation as area of critical state concern,establishes the intent to"ensure that the population of
37 the Florida Keys can be safely evacuated", Florida Statute § 380.0552(2)0), and requires that
40 amendments to each local government's comprehensive plan to include "goals, objectives, and
41 policies" to protect public safety and welfare in the event of a natural disaster by maintaining a
42 hurricane evacuation clearance time for permanent residents of no more than 24 hours; and
43
44 WHEREAS,the County adopted a Permit Allocation System known as the Rate of Growth
45 Ordinance ("ROGO") in order to provide for the safety of residents in the event of a hurricane
46 evacuation and to protect the significant natural resources of Monroe County, as required by the
47 State of Florida; and
Ordinance No. 2021 Page t of 20
File 2020-067
2819
1
2 WHEREAS, on May 2, 2018, Governor Rick Scott issued a press release outlining an
3 initiative to the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce
4 Housing Initiative to allow 1,300 additional Rate of Growth Ordinance allocations ("ROGO
5 allocations") throughout the Florida Keys for rental workforce housing, with a condition that the
6 rental occupants evacuate in the early phase(48-hour window)of a hurricane evacuation; and
7
8 WHEREAS, on June 13, 2018, the Florida Administration Commission approved the
9 Workforce Housing Initiative, after presentation by DEO that the Phase I evacuation (under the
10 existing staged evacuation plan)can be accomplished in 17.5 hours, leaving additional capacity of
11 6.5 hours in Phase I; and
12
13 WHEREAS,the Florida Keys face the quadruple impact of high land values, land limited
14 by geographic and environmental features,housing supply limited by controlled growth(including
15 but not limited to the Rate of Growth Ordinance) and a tourism economy with a prevalence of
16 lower paying service-sector employment; and
17
18 WHEREAS, the need to protect and preserve an adequate inventory of
19 affordable/workforce accessible housing is a continual as well as a growing challenge in the
20 Florida Keys,particularly after the impacts of Hurricane Irma which caused significant damage to
21 housing units throughout the Florida Keys; and
22
23 WHEREAS,on September 19,2018,the Monroe County Board of County Commissioners
24 ("BOCC", "Monroe County", or the "County") directed County staff to draft proposed policy
25 alternatives to the State's Keys Workforce Housing Initiative that address several concerns raised
26 related to the enforceability of the evacuation provisions; and
27
28 WHEREAS, on January 30, 2019, the BOCC considered options to accept the 300 units
29 but took no official action; and
30
31 WHEREAS, on January 22, 2020, the BOCC directed staff to prepare an agenda item to
32 discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land
33 Development Code amendments to: D Move a portion of market-rate ROGO units to the
34 affordable housing allocation pool and/or 2)Accept the 300 Workforce Housing units offered by
35 the Department of Economic Opportunity required to evacuate in Phase 1 of the Hurricane
36 Evacuation model; and
37
38 WHEREAS,on February 19,2020,the BOCC discussed whether to direct staff to process
34 a-comprehensive plan and land development code amendment to: _U Move a portion of the 378
40 remaining Market Rate-Rate of Growth Ordinance(ROGO)units through 2026 to the Affordable
41 Housing allocation pool and/or 21 Accept the 300 Workforce Housing units offered by the DEO
42 required to evacuate in Phase 1 of the hurricane evacuation model. The BOCC did not decide on
43 the potential shifting of market rate allocations to the affordable housing pool but did direct staff
44 to start the process to accept the 300 workforce housing units; and
45
46 WHEREAS,on July 15, 2020,during a discussion item on potentially shifting market rate
47 allocations to the affordable housing pool, the BOCC provided further direction to staff' on
Ordinance No.005-2021 Page 2 of 20
FiIc 2020-067
2820
1 accepting the 300 workforce housing early evacuation unit building permit allocations.The BDCC
2 directed: Accept the 300 workforce housing early evacuation unit building permit allocations to
3 be used in exchange for existing affordable allocations at multifamily developments (for
4 developers that agree to the early evacuation restriction) and the affordable housing allocations
5 returned to the County(returned in the exchange)be set aside and banked for takings cases(bank
6 them within an administrative relief pool); and
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
11 manage land use and development; and
12
13 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
14 considered the proposed amendments at a regularly scheduled meeting held on the August 25,
15 2020; and
16
17 WHEREAS, at a regularly scheduled meeting held on October 28, 2020, the Monroe
18 County Planning Commission held a public hearing for the purpose of considering the proposed
19 amendment and provided for public comment; and
20
21 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-20,
22 recommending approval for the proposed amendment, with edits identified in the resolution for
23 Policies 101.2.2, 101.3.10 and 101.3.12; and
24
25 WHEREAS,the Monroe County Board of County Commissioners is authorized by Florida
26 Statute § 125.01(1)(h).,to establish, coordinate and enforce zoning and such business regulations
27 as are necessary for the protection of the public; and
28
29 WHEREAS, at a regularly scheduled meeting held on January 20, 2021, the Monroe
30 County Board of County Commissioners held a public hearing, considered the County's
31 professional staff report, and provided for public comment and public participation in accordance
32 with the requirements of state law and the procedures adopted for public participation in the
33 planning process; and
34
35 WHEREAS,at the January 20,2021,public hearing,the Monroe County Board of County
36 Commissioners voted to transmit the proposed amendments to the Department of Economic
37 Opportunity to review the proposal, with a modification to Policy 101.3.12 to eliminate the
38 requirement for a development agreement; instead requiring a resolution approving a contract;and
39 -- -
40 WHEREAS, at the January 20, 2021, public hearing, the BDCC adopted Resolution No.
41 041-2021, transmitting the proposed text amendment to the State Land Planning Agency; and
42
43 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
44 Objections, Recommendations and Comments("ORC")report,received by the County on March
45 30, 2021; and
46
Ordinance No.005-2021 Page 3 of 20
File 2020-067
2821
1 WHEREAS,the ORC report stated that"the Department[of Economic Opportunity] does
2 not identify any objections or comments to the proposed amendment"; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC report to
5 adopt the proposed amendment, adopt the amendment with changes or not adopt the amendment;
6 and
7
8 WHEREAS,at a regularly scheduled meeting on April 21,2021,the BOCC held a public
9 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and
10
11 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
12 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
13 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
14 manage land use and development; and
15
16 WHEREAS, based upon the documentation submitted and information provided in the
17 accompanying professional staff report, the Monroe County Board of County Commissioners
18 makes the following findings of fact and conclusions of law:
19
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development for
23 the Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
24 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
28
29 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
30 legislative intent are true and correct and are hereby incorporated as if fully stated herein.
31
32 Section 2. The Monroe County Comprehensive Plan is hereby amended as follows:
33
Proposed Amendment: deletions are str-ieken 4weuo; additions are shown in underlined.
34
35 Objective 101.2
36 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
37 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
38 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
39 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
40 adopted between the County and all the municipalities and the State agencies.
41
42 Policy 101.2.1
43 Monroe County shall maintain a memorandum of understanding with the State Land
44 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
45 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
Ordinance No. 005-2021 Page 4 of 20
File 2020-067
2822
I data and analysis,the input variables and assumptions, including regional considerations,
2 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
3 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
4 clearance times for the population of the Florida Keys.
5
6 Policy 101.2.2
7 Monroe County shall coordinate with all the municipalities, the State Land Planning
8 Agency and Division of Emergency Management to update the variables and assumptions
9 for the evacuation clearance time modeling and analyses of the build-out capacity of the
10 Florida Keys Area of Critical State Concern based upon the release of the decennial
11 Census data. Pursuant to the 2012 completed hurricane evacuation clearance time
12 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
13 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
14 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
15 maintaining an evacuation clearance time of 24 hours.The County-A411 adopted a slower
16 rate of annual allocations for market rate development to extend the allocation timeframe
17 to 20262r� without exceeding the total of 1,970 allocations (see Policy 101.3.2). The
18 County shall reevaluate the annual RGGO allocation rate based on: 1) statutory changes
19 for hurricane evacuation clearance time requirement standards; 2) new hurricane
20 evacuation modeling by the State Land Planning Agency and Division of Emergency
21 Management; and 3)a new or revised memorandum of understanding with the State Land
22 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
23 West, Key Colony Beach and Layton (see Policy 101.2.1).
24
25 h`otwitlistanding the tore,,,oing and pursuatit to i'olicies 101.3.2 101.3.3 and 101.3.12
26 Monroe County_ shall establish a ncNv allocation category to accept and a«;ard 300
27 W(Vo OI-Ce housing- early evacuation unit building perinit allocations pursuant to the
28 Workforce-Affordable Housing; InitIatlye JI'olicy 101.3.12 Workforce IniIiative). These
29 allocations are in addition to the iliaximum allocations identified in Rules 28-20, F,A—C-,
30 atld shall be required to eVacuate in Phase I of the 48-111' e. dUtalion of a pcntllngmajor
31 llurricilne.
32
33 Policy 10I.2.3
34 The County will consider capital improvements based upon the need for improved
35 hurricane evacuation clearance times. The County will coordinate with the FDOT, the
36 state agency which maintains U.S.1, to ensure transportation projects that improve
37 clearance times are prioritized.
38
39 - -- Policy 101.2.4
40 In the event of a pending major hurricane (Category 3-5) Monroe County shall
41 implement the following staged/phased evacuation procedures to achieve and maintain
42 an overall 24-hour hurricane evacuation clearance time for the resident population.
43 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
44 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
45 vessels(transient and non-transient),Hiid military personnel and units approved. and
46 dectl restricted as workforce housing early eWICW3l-loil Units from the Florida Keys
Ordinance No. 005-2021 Page 5 of 20
File 2020-067
2823
1 shall be initiated. State parks and campgrounds should be closed at this time or sooner
2 and entry into the Florida Keys by non-residents should be strictly limited.
3 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
4 of mobile home residents, special needs residents, and hospital and nursing home
5 patients from the Keys shall be initiated.
6 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
7 evacuation of permanent residents by evacuation zone (described below) shall be
8 initiated. Existing evacuation zones are as follows:
9 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge(MM 1-6)
10 b)Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge(MM 6-40)
11 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
12 63)
13 d)Zone 4-West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
14 63-106.5 and MM 1-9.5 of CR 905)
15 e) Zone 5 -905A to, and including Ocean Reef(MM 106.5-126.5)
16
17 The actual sequence of the evacuation by zones will vary depending on the individual
18 storm. The concepts embodied in this staged evacuation procedures should be embodied
19 in the appropriate County operational Emergency Management Plans.
20
21 The evacuation plan shall be monitored and updated on an annual basis to reflect
22 increases,decreases and or shifts in population; particularly the resident and non-resident
23 populations.
24
25 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
26 of allocations to more than 197 residential units a year, except for affordable housing.
27 Any increase in the number of allocations shall be for affordable housing. Monroe County
28 hereby accepts 300 work liorceIa11'ordable) housing early evacuation unit huifclingPer III
it
29 allocaliolls pursuant to the Workftorc e-Aiibrdable Housing Initiative (Policy 1(]1.3.12
30 Workl'orc:c Initiative authorized by the Florida Administration Commission and the
31 Florida Department Economic Opyoilullity. These allociltlops are ill addition to the
32 111axi111un1 allocations identified in Rules 28-20 F.A.C.. shall be restricted to rental
33 occu oancv ftir those who derive at least 70''4,of their income as members of the work force
34 in Monroe Count�w ho_meet the at'lbrdahle 110usi11g islcome categories of the Monroe
35 County Latid Development Code. The allocations shall he required to eWICUElte in Phase
36 1 of the 48-hr evaCu211011 of a .elld111g, maior hurricane. No new additional residential
37 dwellitig unit allocations shall be authorized within the Phase 1 of the 48-1ir evacuation
38 unless approved acid provided by the Florida Administration Commission and the Florida
3� Dc xinment Economic Oppoilullity after review of 11111-1-1Calle evacuation 111odelllig, results
40 by the Stale Land Pli3illlln Agency and the Division_of' Emergency Management oi'
41 avi3llable e1'acuatioll Capacity and it review of the level of service and mallable capacity
42 fin-all public 111Cilities.
43
44 Objective 101.3
45 Monroe County shall regulate new residential development based upon the finite carrying
46 capacity of the natural and man-made systems and the growth capacity while maintaining a
47 maximum hurricane evacuation clearance time of 24 hours.
Ordinance No. 005-2021 Page 6 of 20
File 2020-067
2824
1
2 Policy 101.3.1
3 Monroe County shall maintain a Permit Allocation System for new residential
4 development known as the Residential Rate of Growth Ordinance(ROGO) System. The
5 Permit Allocation System shall limit the number of permits issued for new residential
6 dwelling units. The ROGO allocation system shall apply within the unincorporated area
7 of the county, excluding areas within the county mainland and within the Ocean Reef
8 planned development (Future development in the Ocean Reef planned development is
9 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
10 recognized and issued by the Department of Community Affairs). New residential
11 dwelling units included in the ROGO allocation system include the following: affordable
12 housing units; market rate dwelling units; mobile homes; a+R4 institutional residential
13 units(except hospital roams)- and worklifrce liousing early ev,[cuation units.
14
15 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
16 a distinct location, and therefore cannot be accounted for in the County's hurricane
17 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
18 or associated wet slips be transferred upland or converted to a dwelling unit of any other
19 type. Vessels or associated wet slips are not considered ROGO allocation awards, and
20 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
21 Exemption).
22
23 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
-24 units; and seasonal residential units are subject to Policy 101.3.5.
25
26 Policy 101.3.2
27 The number of permits issued for residential dwelling units under the Rate of Growth
28 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
29 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
30 ROGO year and 00 w ork10rce housi11 9 early e.'acuation_unit bui[dingpernnit allocations
31 authorized by the Florida Administration Commission and tiic Florida De amnent
32 l'connmic OPL101tu nit y. A ROGO year means the twelve-month period beginning on July
33 13. Market rate allocations shall not to exceed 126 residential units per year. Unused
34 allocations for market rate shall be available for Administrative Relief.
35
36 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity
37 completed the hurricane evacuation clearance time modeling task and found that with 10
38 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation
39 clearance time. This creates challenges for State of Florida and Monroe County as there
40 are 8,168 privately owned vacant parcels[3,979 Tier I; 393 Tier 11,260 Tier 111-A(SPA);
41 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may
42 result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits
43 in the future. In recognition of the possibility that the inventory of vacant parcels exceeds
44 the total number of allocations which the State will allow the County to award,the County
45 ado ptcd a slo\N er rate ol'annual allocations for market rate development to extend the
46 allocation timetrame to 2026 and is accepting 300 \vork'force alordable ltousing curly
47 evacuation unit buiidin = )crniit allocations PUYSUMIt to the Workl«rce-Afl'Ordahle
Ordinance No. 005-2021 Page 7 of 20
File 2020-067
2825
1 linusirl�,' lrlitiaiive [Polio• 101.3.12 Workforce Initiati%,c) authorized by the Florida
2 Administration Commission and the Florida Department Economic Oppoilunity. These
3 NN!orkforce housing carly evaCLM6011 2110Catinns that are in addition to the maxlnlultl
4 buildin,,; perinit_allocati_ons identified in Rules 28-20. F.A.C. The C'ounly will consider
5 adopting an extended timeframe for distribution of the ROGO allocations through 2033
6 with committed financial support from its State and Federal partners. This timeframe can
7 provide a safety net to the County and provide additional time to implement land
8 acquisition and other strategies to reduce the demand for ROGO allocations and help
9 transition land into public ownership.
10
11 The County is actively engaged in acquisitions and is requesting its State and Federal
12 partners for assistance with implementing land acquisitions in Monroe County. The
13 County will allocate the 1,970 new dwelling unit allocations t111-OUi�11 July 12. 2026 ovel
14 it 10 - timeli-ame. If substantial financial support is provided by July 12, 24142023,
15 the County will reevaluate the ROGO distribution allocation schedule and consider an
16 extended timeframe for the distribution of market rate allocations (through a
17 comprehensive plan amendment). Further,the State and County shall develop a mutually
1s agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private
19 Property Rights Protection Act cases, with the State having an active role both directly
20 and financially in the defense of such cases.
21
22 The County shall distribute ROGO allocations by ROGO year, as provided in the table
23 below.
24
Annual Allocation
ROGO Year
Market Rate Affordable Housing Workforce lnitiati-,e
July 13,2013—July 12,2014 126 71
July 13,2014—July 12,2015 126 71
July 13,2015—July 12,2016 126
July 13,2016—July 12,2017 126
NfA
July 13,2017 July 12,2018 126
July 13,2018---July 12,2019 126
July 13, 2019—July 12,2020 126
568 total AFH
July 13,2020—July 12,2021 64 (total available
July 13,2021—July 12,2022 64 immediately)
July 13,2022—July 12,2023 64
July 13,2023—July 12,2024 62 3tu1°
July 13,2024—July 12,2025 62
July 13, 2025—July 12,2026 62
TOTAL 1,260 710* Utl
*Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through
the Incidental Take Permit(ITP)ending in 2023.
Ordinance No.005-2021 Page 8 of 20
File 2020-067
2826
** Workforce hotising earls eyacuatioti unit allocations shall he available countywide (unincorlxnrated
county) acid distributed on a f irst-tame lirst-serve basis. RcuLIests for d«clling Units de%eIoped and/or(Iced-
restricted utllizim-, the \voi-kl0rce housinu early evacuation will allocations are_subiect to the provisions of,
Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6
7
8 Policy 101.3.3
9 Monroe County shall allocate at least 20% of the annual allocation, or as may be
10 established by the State of Florida, pursuant to Administration Commission Rules, to
11 affordable housing units as part of ROGO. Any portion of the allocations not used for
12 affordable housing shall be retained and be made available for affordable housing from
13 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
14 workforce housing early evacuation units shall meet the criteria specified in Policy
15 601.1.4 and the Land Development Code, but shall not be subject to the competitive
16 Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed
17 for affordable housing.or workf'Orce housing earl�, evacuation units shall not be located
18 within an area designated as Tier I as set forth under Goal 105 or within a Tier III-A
19 Special Protection Area as set forth in Policy 205.1.1.
20
21 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
22 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
23 the following criteria:
24 1. The property contains an existing market rate dwelling unit that meets the criteria in
25 LDC Section 138-22(a) and is determined to be exempt from ROGO;
26 2. The proposed replacement affordable dwelling unit meets current Florida Building
27 Code and is not a mobile home;
28 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
29 99 years as affordable housing pursuant to the standards of the Land Development
30 Code; and
31 4. The proposed site plan for the replacement affordable dwelling unit does not propose
32 any additional clearing of habitat.
33
34 Policy 101.3.4
3S The Permit Allocation System (or Rate of Growth Ordinance) for new residential
36 development shall specify procedures for:
37 1. establishing the annual number of permits for new residential units to be issued during
38 the next ROGO year based upon, but not limited to the following:
39 a. expired allocations and building permits in previous year;
40 b. allocations available,but not allocated in previous year;
41 c. number of allocations borrowed from future quarters;
42 d. vested allocations;
43 e. modifications required or provided by Administration Commission Rules;
Ordinance No. 005-2021 Page 9 of 20
File 2020-067
2827
1 f. modifications required or provided by this plan or agreement pursuant to Chapter
2 380, Florida Statutes; and
3 g. receipt or transfer of affordable housing allocations by intergovernmental
4 agreement; and
5 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
6 Clearance Time Memorandum of Understanding.
7 2. allocation of affordable housing; work Iorce housing early eN acuation units and market
8 rate housing units in accordance with Policicsy 101.3.2 and 101.3.3; and
9 3. timing of the acceptance of applications, evaluation and scoring of applications, and
10 issuance of permits for new residential development during the calendar year.
11
12 Policy 101.3.5
13 Due to the limited number of allocations and the State's requirement that the County
14 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
15 shall prohibit new transient residential allocations for hotel or motel rooms,campground
16 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
17 Lawfully established transient units shall be entitled to one unit for each type of unit in
18 existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024-2011)
19
20 Policy 101.3.6
21 All public and institutional uses (except hospital rooms) that predominately serve the
22 County's non-transient population and which house temporary residents shall be subject
23 to the Permit Allocation System for residential development, except upon factual
24 demonstration that such transient occupancy is of such a nature so as not to adversely
25 impact the hurricane evacuation clearance time of Monroe County.
26
27
28
29 Policy 101.3.9
30 For those ROGO applications and properties which have not received a ROGO award for
31 four consecutive years and have applied for administrative relief, which are designated
32 Tier I, I1, or IIIA, the County or the State shall offer to purchase the property if funding
33 for such is available. Refusal of the purchase offer shall not be grounds for granting a
34 ROGO award.
35
36 Policy 101.3.10
37 Notwithstanding any other provision of the Plan, except the last sentence of this Policy_
38 101.3.10. bUildilIg [arm allocations utilized for affordable housing projects may be
3-9 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
40 ROGO subarea,and between local government jurisdictions within the Florida Keys Area
41 of Critical State Concern (ACSC). Any such transfer of all'Or(able housing allocations
42 between local government jurisdictions must be accomplished through an interlocal
43 agreement between the sending and receiving local governments. Intedocal agreements
44 that it vok e assigning (Ile C'nuntN"',af]'M-daihle Ilk using_(i���t including all'ordahle housing
45 allocations banked for takings cases) allocations it) cxim-mg, thielling xniis isilhin it
46 InIIIIicipali11•w i111 a requirement that the associated market rate RO[a(].B11AS exemptions
47 be transferred into the unincorporated COL111ty as an exchange for the al ordable llousin�4
Ordinance No.QQJ-2021 Page 10 of 20
File 2020-067
2828
1 allocations transferred to the n7unlclpality% shall be accolnp71ish_ed_ through a tninor
2 condttlonal use pennit approval and shall he subject to the receiver site criteria in Polic:
3 101.6.8 and n7ay be transferred to an y subarea xyithin the unincol orated Count y. In no
4 event shall the Couniv (l) pool and transfer workforce housing early evacuation unit
5 allocations between RDGO sub-areas, (2) transfer workforce how�early evatcualicm
6 unit allocations to another 'ovL'171t ent iurisdictioti, 3 receive workforce housing early!
7 evacuation unit huilding allocations from another government jurisdiction or 4 transfer
8 affordable housing, ROGO allocatlonns received by the C'ounly it7 exchatige for workforce
9 housir7g early evacuatiot7 unit allocations to another governn7ent iurisdiution.
10
11
12 Policy 101.3.11
13 Monroe County may receive additional building permit allocations pursuant to the 2012
14 completed hurricane evacuation clearance time modeling and allocation
15 recommendations by the State Land Planning Agency and the Administration
16 Commission's direction that the City of Key West wood transfer annually(by July 15th)
17 any remaining unused allocations for that year to the other Florida Keys' local
18 governments based upon the local governments' ratio of vacant land. Any transferred
19 allocations from the City of Key West to Monroe County shall be made available for
20 Administrative Relief. Monroe County may receive, rind award 300 building perniii
21 allocations desi gnatcd as workforce housing early evacuation units Dursualctt to the
22 Workforce-Affordable Housing [nitiative (Policy 101.3.12 Workforce _lnitialive) as
23 provided by the Florida AdnMistration Commission and the Honda Depann7ent
24 Economic(]7 7rn-lunity. These allocations Ihal are In add tl1op to the n7ax1inuin allocations
25 identified in Rules 28-20_ F.A.C. and shall be re wired to evacuate in Phase 1 of'tlte 48-
26 hr evacuation of a peI7dijig 177a1or hurrcane.
27
28 Polic)° 101.3.12
29 Workforce Initialire.To support Monroe Count 's vorkforce by alleviating- cons Irail7ts
30 on affordable housing, to protect private property rights and address potential liability!.
31 the CoUllt , is participating in the Workforce-Affordable Housing, h7itiativc Workforce
32 lnitiative). as approved Burin, the .tune 13, 2019 meeting of the Florida Adim111stratiorl
33 ('on7nnission. Monroe County accepts the 300 workforce housing early evacuation
34 building )ermit allocations pursuant to the Workforce-Affordable Housl'n g Initiative
35 authorized by the Florida Administration Colnn7lsslon and the Florida DCpart117eni
36 Ec olwmic 01)p7ortunity. The Work[Orce-Affordable Housing,_ Initiative_ will redui're
37 dy+tilling units constructed and/or deed resiricted with yyorkfbrce _housing early
38 evacuation bLiddin s permit allocations to evacuate Deco ants in Phase 1 of the 48-hr
39 evacuation of'a pending ma or hurricane, 7ursua111 to the erites-ia beloW.
40
41 'l o ]arlicipaite in the Worklorce hiitiaux-c, Molu-oc County shall be responsible for the
42 management, distribution, and enforcement of requirements assoctalted with the
43 wol-061-ce housit7 ,' early eyaCtlation building peralit allocations. h'lolu-oe Cout}ty shall
44 ensure adherence to these requirements throw, h ilnplemct7tation of this policy and shall
45 annually provide to ll7e Florida Department Economic QL)L)ortunityaeport indicating the
46 number of workforce housing, early evalcuatloll units built am or deed restricted,
47 occupancy ralles, and colill711a lice with the requirement to e acuate the wiits_in Phase 1 of-
Ordinance No. 005-2021 Page 11 of 20
File 2020-067
2829
1 an t:yacualton._The annual report shall be provided to the State in a timely manner such
2 that the State mav include the information in the required Annual Re ot1 to the Governor
3 and Cab inet on the CountN's progress to\vard c o m pletion_(.)f its Work Pro;:;ram pursuant
4 to mule 28-20. F.A.C. -
5
6 Dwelling units developed and/or deer] restrictCd UtiliArig the workforce housing carly
7 evacuation unit allocations are subject to the fiTllowin�-T,:
8
9 (a) Requests for workforce housing,early evacuation unit allocations shall be available
10 only Ior a 1 for 1 exchange For affordable allocations exemptions and require a
11 reserv-ation via BOCC resolution. The BOCC may. at its discretion, place
12 Conditions on any reservation as it deems appropriate. The BOCC mav, at its
13 discretion exchan gc existing, reserved affordable allocations for allocation~ undo
14 the Workforce Initiative to private development and nonprofit sector partners
15 willing to meet the requirements of the wrn-kfin-ce housing eady evacuallm unit
16 allocations. further. the BOCC may, at its discretion a p prove the exchange of
17 exisllmg deed-restricted affn'dahle housing units lawful affordable exemptions) at
18 existing,mu11ifamiIy resici niial(Icyelopments for allocations under the Workforce
19 Initiative to ]2riyate development and nonprofit sector partners willing to elect the
20 requirements of the work force housinII earl v evacuation unit allocations.
21 1 The affordable allocations returned to the Count in exchange For worklorce
22 housing early_ evacuation_unit allocations shall be hanked and used for future
23 administrative relief, beneficial use determinations and to resolve inverse
2-4- condemnation casts and Bert 1- Harris. Jr.-Private Property Rights Protection
25 Act cases.
26 (2) To maintain-consistency with Rule 28-20.140(2)(b), F.A.C-. 111C affordable
27 allocations returned to the County shall be maintained as affordable allocations
28 and shall also he returned to the original allbrdable housing category (very
29 lo« low/median income vs. moderate income pool).
30 (3)The workforce housing, early evacuation unit allocations must be utilized based
31 on the Original approved afiordable housing income Category or a lesser income
32 Category.
33 (4) Admimstrative relief'n7e:ans actions taken by the Comity_�lrsnting the owner of
34 real property relief- from the continued application of the Rate of Growth
35 Ordinance (RC GO) restrictions provided they meet the criteria established in
36 the Con1 rehensive Plan and Land Development Code.
37 (5) Beneficial use means the use of property that aIIow s an owner to derive a bevel it
38 or profit in the exercise of-a hasiC p ro perty right. For the put ose o I'd iis poIicv
39 beneficial use shall mean the t111111111L1111 USe Of the 171-0l7erty necessary to avoid
40 the finding;ofa regulatory takinT; under current land use arse law-
41 (b) 'HIC C017struC11011 off dw'ell_ing units, the rcdevcfopmcT7t or the {feel restriction of
42 existing; dwelling UT11iS utilising workforcc._housing_ Carly Cvacuatioll unit
43 allocations shall require approval ofa resolution approving a Contract between the:
44 BOCC _and the applicant to tsfliciaily exchange the allocations and confil111
45 compliance with the requirements Workforce Initiative within this Policv.
46 (c) _All workforce housing early evacuation Ullits require a_deed-rest riction ensuring:
47 (1) Before arty buiIding perm it niay be issued I01-any Structure,portion„ort1lt_itse 01'
Ordinance No. 005-2021 Page 12 of 20
File 2020-067
2830
I it project subiect to the Workforce Initiative a restrictive covenant shall he
2 approved by the Planning Director and County Attorney and recorded in the
3 Office of the-Clerk of the County to ensure compliance with the provision of
4 this section running In favor of the County and enforceable by the County and,
5 it' applicable, a participating municipality. The following requirements shall
6 apply to these restrictive covenants:
7 a. The covenants for any worktbrce housing early evacuation units shall he
8 effective for 99 years.
9 h_, "rile Covenants shall not Commence rul111i11 g until a certificate of occu fancy
10 has been issued by the Building Official fior the dWellill T L€ 1llit or,dwelling
11 units to which the covenant or covenants apply.
12 c. For existing dwelling units that are deed-restricted as workforce housing
13 early evacuation units, the covenants shall commence running upon
14 recordation in the Official Records of'Monroe County.
15 (2) The covenants shall require that the workforce housing f early evacuatloll umtS
16 to be restricted to rental occupancy for those who derive at least 70 of their
17 income as members of' the woi-k1bi-ce in Monroe County and xyho meet the
18 affordable housing; income categories of the Monroe County Land
19 Deve loLmienf Codc. The occupants are required to Annually verily their
20 employment and income eligibility.
21 (3) The covenants shall require occupants„to evacuate in Phase 1 of the 48-hr
22 evacuation cif a pending major hurricane. Persons living in the; w•orkljorcc
23 housinn--early_ e_v acuation units who may he exemplcd From e acuatio1l
24 reC uirenlcnts are limited to law enforcement. correctional and fire ersonnel
25 health dire personnel. and public employees with emergency management
26 responsibilities. It' there is an occupant that indicates their employment is
27 considered a 'first-responder position and not included in the list ofexC ill ptio1)s
28 above, then the Planning, Dire tor shall_detenuine, in writing,. whether the
29 pason niav he exempted because ol' a re uiremettt to relltaili during an
30 emergency. Any person claiming exemption under this provision shall Submit
31 of an affildavit of'qualification and f 11111full. C�}' their status With the onsite
32 properly management.
33 (4)_ The covenants shall require rental agreements which Contain a separate
34 disclosure requil-ing, relltal occupants to acknowledge the existing restrictive
35 covenant on the unit requiring evacuation in Phase 1 of the 48-111- evacuation
36 and_1hat failure to adhere to the Phase l evacuation requirement could result in
37 severe penalties, including eviction, to the occupant.
38 The covenants shall require onsite proveily managers and a separate
39 em llo yment disclosure rcc uirin g the maintenance of training in evacuation
40 procedures_and an acl:nowlcctgenlcnt that failure to adhere to the Phase l
41 evacuation requirement could 1'eSLdt Ill severepenallies. including termination.
42 (d) Workforce housing earlY'..ev�acualion units shall be: restricted to rental occupancy
43 for those who derive al least 70% oftheir income as members ofthe workforce in
44 Monroe County and who meet the of brdahle housin , income categories of the
45 Monroe County Land Development Codc. Work 60rce means„1nd1viduaIs or families
46 who are gainfully employed sy2plvin�nods and/or services to Monroe County
47 residents or visitors.
Ordinance No. 005-2021 Page 13 of 20
File 2020-067
2831
I (e) Workforce housin�y evacuation units shall require onsite property
2 nlanagemcnt with property managers trailled ill evacuation procedures and required
3 to the evacuatlon of tLmitils 111 Phase I of all eVdC:LIM1011. Dunn,;lradlllot]al
4 workiiig 11oL1r5. the property manager must be al an ofkc within the ►\,orkftn-cc
5 housing early evacuation unit development subject property. Outside the traditional
6 working hours, the property manager must be ayailable at all tin7es to respond to
7 cvacuatlon orders.
8 (f) The property matiag-emem entity for the �\,orkforcc housing early evacuation units
9 shall be required to anr7ually verify the employlnem and ilicomc eligibility of
10 tenants: report She total units on the site, the occupancy rates of units, anti tenant
11 coillpliallce: with the requirement to eVil WIIe_the Lrr7ltS Ir] Phase l of all eyacuatlolt.
12 including the number of occupants that are exempt from the evacuation
13 rciluiremetits. The property?managelnciit entity must submit a report to the Planning
14 anti Eiivirot7mental Resources Ueparmietlt by May 1 of each year. Further, each
15 ]case anti this annual rcoort shall be kept by the properly manager and be available
16 for inspection by the County durkig traditional 4i,orking hours.
17 0)) Workforce housing early evacuation units shall be located within an area des i mg�d
18 as Tier III.
19 (h) Workforce housing early evacuation units shall not be located in the V-Zone or
20 witliin a Coastal Barrier Resource System (CBRS).
21 (1) Workforce housing early evacuation units shall be located oii a property which has
22 ill] J111hlstructure available (polable water, a(le(AWIte WiilStMilter trca0I1ent MId
23 disposal w tste��,ater meeting adopted LOS, paved roads, etc.).
24 {jl All workforce housing, early evacuatlon ur]]ts must demonstrate compliailce witli
25 all applicable lcderal standards for accessibRitydor persons with disabilities (AI7A
26 Compliance).
27 (k) To the greatest exlcnt practicable,a development utilizing workforce ]lousing early
28 ewicuatIoll unit allocations shall incorporate sustainable and resilient desigi
29 priticiilles into the overall site desigtl at7d be accessible to emplo,ymer7t centers in
30 Key West, Stock Island anti Marathon.
31
32 GOAL 601
33 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
34 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
35 population based on type, tenure characteristics, unit size and individual preferences.
36
37 Objective 601.1
38 To ensure flint affordable housing-2pportunities arc available throughout the entire community
39 and to mal11ta1t] a balanced anti sustainable local econorny and the provision of esscrnial
40 scl-N'iccs, Monroe County shall implement the following defined policies to reduce estimated
41 affordable housing need for its workforce anti households in the very low, low, median and
42 moderate income classifications.
43
44 Policy 601.1.1
45 Monroe County shall maintain land development regulations, in conjunction with the
46 Permit Allocation System, for apportioning future affordable housing development o �
47 at-lt ial hii4is.
Ordinance No. 005-2021 Page 14 of 20
File 2020-067
2832
1
2 Policy 601.1.2
3 Monroe County shall continue expand its participation in Federal and State housing
4 assistance programs to rehabilitate owner and rental housing for very low, low, median,
5 and moderate income residents by seeking grants, loans, and technical assistance in
6 conjunction with the Monroe County Housing Authority 1� mod y 1 2024.
7
8 Policy 601.1.3
9 The Monroe County Land Authority shall maintain a list of buildable properties owned
10 or targeted for acquisition by the Land Authority which potentially could be donated or
11 made available for affordable housing. This list will be updated annually and made
12 available to the public.The guidelines established in Policies 601.1.10 and 601.1.11 shall
13 be considered in the formulation of this list.
14
15 Policy 601.1.4
16 All affordable housing projects which receive development benefits from Monroe
17 County, including but not limited to ROGO allocation award(s) reserved for affordable
18 housing, maximum net density, or donations of land, shall be required to maintain the
19 project as affordable for a period of 99 years pursuant to deed restrictions or other
20 mechanisms specified in the Land Development Code, and administered by Monroe
21 County or the Monroe County Housing Authority.
22
23 Policy 601.1.5
?4 If Monroe County funding or County-donated land is to be used for any affordable
25 housing project, alternative sites shall be assessed according to the following guidelines:
26 1. The location of endangered species habitat. Sites within known, probable, or
27 potentially suitable threatened or endangered species habitat shall be avoided.
28 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall
29 be determined according to the ranking specified in the Environmental Design
30 Criteria section of the Land Development Code. Disturbed sites shall be selected,
31 unless no feasible alternative is available.
32 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be
33 avoided.
34 4. The level of service provided in the vicinity for all public facilities. Areas which are
35 at or near capacity for one or more public facility should be avoided.
36 5. Proximity to employment and retail centers. Sites within five miles of employment
37 and retail centers shall be preferred.
38
3-9 --- - Policy 601.1.6
40 Monroe County shall identify funding sources that could be made available to support
41 community-based non-profit organizations such as Habitat for Humanity in their efforts
42 to provide adequate affordable housing.
43
44 Policy 601.1.7
45 Monroe County shall continue to participate in the State Housing Incentives Partnership
46 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe
47 County shall also continue to maintain a Local Housing Assistance Plan and Affordable
Ordinance No. 005-2021 Page 15 of 20
Fife 2020-067
2833
1 Housing Incentive Strategies as specified in the Act and recommended by the Monroe
2 County Affordable Housing Advisory Committee.
3
4 Policy 601.1.8
5 Monroe County shall allocate at least 20%of the annual ROGO allocation,or as may be
6 established by the State of Florida, pursuant to Administration Commission Rules, to
7 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
8 this separate allocation must meet the criteria established in the Land Development Code.
9 Monroe County may mk,a rd 300 additional building hermit allocations designated as
10 workforce]lousing early evacuation units pursuant to the Workforce-Affordable H_ousing
11 Initiative (Policy 101.3.12 Work6orce Initiative) as provided by the Florida
12 Admimstratlotl C ommissim and the Florida Department Economic; Opportunity. These
13 allocmlons are in addition to the maximum allocations identified in Rules 28-20, F.A.C'._
14 are restricted to rental occupancy for those who derive at least 7W4, of their income as
15 members of the workforce in Monroe Couniv and who meet the afibl-dable houslng,
16 incollic categ()rics of the Monroe County Land Devclopment Code. and shall be required
17 to evacuate in Phasc 1 of the 48-hr evacttaiion of'a pending major hurricane.
18
19 Policy 601.1.9
20 Monroe County shall maintain land development regulations which may include density
21 bonuses, impact fee waiver programs, and other possible regulations to encourage
22 affordable housing.
23
24 Policy 601.1.10
25 The Land Authority may acquire land for affordable housing projects if they are deemed
26 appropriate and acceptable by the Land Authority as meeting the intent of:
27 1. the affordable housing provisions in the Land Authority's enabling legislation;
28 2. the goals, objectives and policies of this Plan; and
29 3. the land use designations specified on the Future Land Use Map and in the Monroe
30 County Land Development Regulations.
31
32 Policy 601.1.11
33 The Land Authority shall not list or acquire vacatlt lands as potential affordable housing
34 sites if the lands exhibit any of the following characteristics:
35 1. Any portion of the land lies within a known, probable, or potentially suitable
36 threatened or endangered species habitat.
37 2. The land has a Tier designation other than Tier III.
38 3. The land is located in a V-Zone, on an offshore island or within a CBRS unit.
39
40 Policy 601.1.12
41 Monroe County shall annually monitor the eligibility of the occupants of housing units
42 which have received special benefits, including but not limited to those issued under the
43 affordable housing provisions specified in the Land Development Code or those issued
44 through the Permit Allocation System. If occupants no longer meet the eligibility criteria
45 specified in the Plan and in the Land Development Code, and their eligibility period has
46 not expired, then Monroe County may take any one or a combination of the following
47 actions:
Ordinance No. 003-2021 Page 16 of 20
File 2020-067
2834
1 1. require the payment of impact fees, if they were waived;
2 2. proceed with remedial actions through the Department of Code Compliance, as a
3 violation of the Monroe County Code;
4 3. take civil court action as authorized by statute, common law, or via agreement
5 between an applicant and the County; and/or
6 4. require the sale or rental of the unit(s)to eligible occupants.
7
8 Policy 601.1.13
9 Monroe County shall maintain land development regulations on inclusionary housing and
10 shall evaluate expanding the inclusionary housing requirements to include or address
11 nonresidential and transient development and redevelopment based on specific data and
12 analysis.
13
14 Objective 601.2
15 Monroe County shall adopt programs and policies to encourage housing of various types,sizes
16 and price ranges to meet the demands of current and future residents
17
18 Policy 601.2.1
19 Public-private partnerships shall be encouraged to improve coordination among
20 participants involved in housing production. In these efforts, the County will establish a
21 comprehensive central depository for housing information located at the Monroe County
22 Housing Authority and Growth Management Division for the coordination and
23 cooperation among public and private agencies which collect and use housing data.
24
25 Objective 601.3
26 Monroe County shall continue implementation efforts to eliminate substandard housing and to
27 preserve, conserve and enhance the existing housing stock, including historic structures and
28 sites.
29
30 Policy 601.3.1
31 Monroe County shall coordinate with other County agencies to monitor housing
32 conditions. Standards for evaluation of the structural condition of the housing stock are
33 summarized below:
34 Sound: Most housing units in this category are in good condition and have no visible
35 defects. However, some structures with slight defects are also included.
36
37 Deteriorating: A housing unit in this category needs more repair than would be
38 provided in the course of regular maintenance, such as repainting. A housing unit is
39 classified as deteriorating when its deficiencies indicate a lack of proper upkeep.
40
41 Dilapidated(Substandard): A housing unit in this category indicates that the unit can
42 no longer provide safe and adequate shelter or is of inadequate original construction
43 including being constructed below the minimum required elevation by FEMA or the
44 County's Floodplain Regulations.
45
46 Policy 601.3.2
Ordinance No. 005-2021 Page 17 of 20
File 2020-067
2835
1 The County Code Compliance Office and Building Department will enforce building
2 code regulations and County ordinances governing the structural condition of the housing
3 stock, to ensure the provision of safe, decent and sanitary housing and stabilization of
4 residential neighborhoods.
5
6 Policy 601.3.3
7 Monroe County shall encourage expanded use of U.S. Department of Housing and Urban
8 Development (HUD) rental rehabilitation programs by the Monroe County Housing
9 Authority and State and Federal Floodplain or Hazard Mitigation programs to facilitate
10 increased private reinvestment in housing by providing information, technical assistance
11 in applications for federal and State funding, or provide local public funds for
12 rehabilitation purposes.
13
14 Policy 601.3.4
15 Monroe County shall encourage identification and improvement of historically
16 significant housing through the coordination of public information programs defining
17 benefits and improvement funding sources.
18
19 Objective 601.4
20 Monroe County shall maintain land development regulations which allow group homes and
21 foster care facilities licensed or funded by the Florida Department of Health(DOH),as well as
22 subsidized housing for elderly residents of the County, to be located in residential areas as
23 appropriate.
24
25 Policy 601.4.1
26 Monroe County shall maintain land development regulations which permit group homes
27 and foster care facilities {homes of six or fewer residences which otherwise meet the
28 definition of Community Residential Home pursuant to F.S. § 419.001(1)(a)) licensed or
29 funded by the DOH in all land use categories which permit residential development where
30 consistent with other goals,objectives, and policies of this Comprehensive Plan.
31
32 Policy 601.4.2
33 The County shall identify and evaluate alternative strategies to expand subsidized housing
34 programs for elderly residents of Monroe County through coordination with the Monroe
35 County Housing Authority, and encourage their development by private, community-
36 based non-profit, or public entities, as well as public/private partnerships.
37
38 Objective 601.5
39 T lie County shall provide uniform and equitable treatment for persons and businesses displaced
40 by state and local government programs, consistent with F.S. §421.55.
41
42 Policy 601.5.1
43 By May 1,-24 2024, Monroe County shall adopt uniform relocation standards for
44 displaced households.
45
46
Ordinance No.005-2021 Page 18 of 20
File 2020-067
2836
1 Section 3. Construction and Interpretation. This Ordinance is necessary for the health,
2 safety, and welfare of the residents of and visitors to the County.This Ordinance shall be liberally
3 construed to effect the public purpose(s)hereof. Interpretation of this Ordinance shall be construed
4 in favor of the Monroe County Board of County Commissioners ("Monroe County" or the
5 "County"), and such construction or interpretation shall be entitled to great weight in adversarial
6 administrative proceedings, at trial, in bankruptcy, and on appeal.
7
8 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
9 If any provision of this Ordinance,or any portion thereof, is held to be invalid or unenforceable in
10 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
11 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
12 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
13 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
14 continue unimpaired in full force and effect.
15
16 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
17 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an
18 ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land
22 Planning Agency as required by Florida Statute§ 380.05(11)and Florida Statute § 380.0552(9).
23
24 Section 7. Filing. This Ordinance shall be filed in the Office of the Secretary of the State
25 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency
26 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
27 Statutes, and after any applicable challenges have been resolved.
28
29 Section 8. Inclusion in the Monroe County Comprehensive Plan. The text amendment
30 shall be incorporated in the Monroe County Comprehensive Plan.The numbering of the foregoing
31 amendment may be renumbered to conform to the numbering in the Monroe County
32 Comprehensive Plan.
33
34 Section 9. Effective Date. This Ordinance shall become as provided by law and stated
35 above.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
38 Florida, at a regular public meeting held on the 2 1'day of April 2021.
39
40 Mayor Michelle Coldiron Yes
41 - Mayor Pro Tern David Rice Yes
42 Commissioner Craig Cates Yes
43 Commissioner Eddie Martinez Yes
44 Commissioner Mike Forster Yes
45
46 BOARD OF COUNTY COMMISSIONERS
47 OF MONROE COUNTY, FLORIDA
48
Ordinance No. 005-2021 Page 19 of 20
File 2020-067
2837
r r
xf ',I�
l ..
BY:
2 I` �`:�:` MAYOR MICHELLE COLDIRON
4 MONROE Cv ATTORNEY
$ _:. APP�@V� TO FORM
G � ST: EVIN M OK, CLERIC -7 PETER
ASSISTANT 00UNTY AMORRISTFORNEY
8 AS DEPUTY CLERK
Date: 4.5.21
9
C--:1 co
Ordinance No.005-2021 Page 20 of 20
File 2020-067
2838
E
KE.Y*WEST
The Florida ffeys Only Deily Newspaper,Est 18701
010 Sox 1000,Key K"FL 33041
P:(306)2a2.7777axf.Zip F;(305)205.8025
WmfsQkeysrwws.cam
MONROE CO PLANNING ❑EPT
MURRY E NELSON GOVERNMENT CENTER
102060 OVERSEAS HWY
KEY LARGO FL 33037
Account: 138694 Ticket: 385635
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [Iegal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
v ,who on oath says that he or she is
of the Key West Citizen,a daily
newspaper pubtish in West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of
Sunday,April 4,2021
;,Mani fu(uroi Brays that the Key West Citizen is a newspaper published in Key
West,in said Monroe County,Florida and that the said newspapers has hereto-
fore been Continuously published in said Monroe County,Florida every day,and
has been entered as periodicals matter at the post office in Key West,h said
Monroe County,Florida,for a period of 1 year next preceding the first publication
of the attached copy of advertisement;and affient further says that he or she has
nei id nor t ny person,firm or corporation any discount,rebate,
missi n arI. no for purpose of securing this advertisement for publica-
n in C
( u of
Affi u b0fom me tKa 1 eth day of April 2021
C t
Notary ubl' Initau N ] (Notary Seal)
My commission expires
Personally Known JL Produced Identification
Type of Identification Produced
'Al r EvNotary FutNir Srste of F�anaa
ql'%, MVl7We- ch
my Comm;ssior}: &44.32
t:aplrp5U3i2512G:'_�
MONROECOPL 34 365635 t.pdf 1 VW21 127 PM
2839
MONROE COUNTY BOARD3F
COUNTY COMMISSIONERS
NOTICE OF PUBLIC MEETING AND
NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE
COUNTY COMPREHENSIVE' PLAN
NOTICE OF CHANGE TO THE MONROE
COUNTY LAND DEVELOPMENT CODE
April 21 p 2021
NaT1 N 14 RII1M1f t+nl W that an Wedneedgr,AprM>tl,2M the Alamo*Ce oft SoeM of Ceurrty
Commiaaianws wE b W a Public Meeting,booming at ORMAK The SOCC maelkgrHH be a"format
with the County Conrrdasion mon hors meeting iw In Mmou n,whie Rre Public win be able to paAldPats Ma
Zoom Webkrer.The blowing Items w116o corral awed at a PtM=MEETWO:
PUBLIC HEARING&I=PM(or as noon thereafter es may be fmwmA!
ADOPTING
AMENDMENTS TC THE MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDMI THE FUTURE LAND
USE ELEMENT AND THE HOLISM ELEMENT TO ESTABLISH A NEW BUILDING PERMIT ALLOCATION
CATEGORY TO ACCEPT AND AWARD 300 WORKFORCE HOUSING EARLY EVACUATION UNIT BUILDING
PERMIT ALLOCATIONS PURSUANT TO THE WORKFORCE-AFFORDABLE HOUSING !INITIATIVE
(WORKFORCE INITIATIVE}AUTHORIZED BY THE FLORIDA ADMINISTRATION COMMISSION AND THE
FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY BY AMMDNG AS WELL AS CLAFM YMdG POLICIES
101.2.2. 1012.4, 101.3.1. 101.3.2,ibi.3.3, 101.3.4, 101.3,10. 101.3.11.001.1,1tU1.1:1,001.1.2,1701.1.8,
001.1.11,W1.5.1 AND CREATING NEW POLICY 101.3.12 TO ESTABLISH THE SPECIFIC WORKFORCE
1NrT1ATIVE RECKAREMENTS;PROVK"NQ FOR SEVERAINUT1;pAOVVM FOR REPFAL:OF OOWLICT'ING
PROVISIONS; PROIADMK3 FOR TRANSMITTAL TO THE STATE LAND.PLANNIMO AGENCY AND THE
SECRETARY OF STATE;PROVIDMJO FOR INCLUSION IN THE MONROE C6UNTY LOAHRNSiVE PLAbi;
PROVIDING FOR AN EFFECTIVE DATE. (FILE 2=-D"
AN ORDMWE BY THE MRS ADOPTING
AMENDMENTS TOTHE MONROE COUNTY LAND DEVELOPMENTCDDE AMIB4QIMO'THE$WTION IW24,
RESIDENTIAL ROQO ALLOCATION TO ESTABLISH A NEW BUILDING fr€RMIT AI:t..00iA7)ON lr4Twm
TO AWARD 300 WORKFORCE HOUSING EARLY EVACUATION t ffr BUILDING PEFW ALLOCATIONS
PURSUANT TO THE WORKFORCE-AFFORpABLE HOUSING INInvivE (wowFOROE INITL4nm
AUTHORIZED BY THE FLORIDA ACMINMAATION COMMESgN MV THE FLORIDA DERW MENT
ECONOMIC OPPORTUNITY AND TOESTABLISH THE SPJ�CIF1p WORKPDW 8+AMT1VE FftU MEMENM:
PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLCTIMG PROVIBIObo;
FOR TRANSMTTALTOTHE STATE LAND PLANMNNGAGENCY ANDTHE9eWCIARYOFSTATE;
FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;
PROVOING FOR AN EFFECTIVE DATE. (FILE 2020-068)
Please Omit the Monroe Comm VbWft a! fkW"weft a9mmW updates and
kAormetlon regarding the varlolw 400ee&V61 ble To the Mkk>o Herr the I"meeting wrdlor to
make pubHe comments on eel N k!#gulch ihmL
FVmuarrr to Section 286.0705 FWft asq N a pM+ot doo0ae to vppaal any deeftW of the Board of
County Commissioners,with respect to any M~vorlsk edatVia rneaft or he@rirV,he orMv wl1 now a
record of the pmCead rVs,errd that for such purpose,he or she may need to ensure a verbatim record of the
ProcesOngs is made,which record kx vdes the testimony 3 evidence upon wfdch Hha Mweal a to be based.
ADA A48►STANCL-If you am a pandas WM a dbabft who needs apaopal acconunadatlons M order
to partk*-fe a fhpa P-00064 PA-110 omftd fhe Coewrty A*rAlbbotor'a Ofrlae,by phoning g=j
2W-4441,hehvaarr the hours of&W a.m.-&VO pm.,no A"ar Man Nor(S)cataadar do"prior to fire
■aImmkJad ametka If you am howbo or voles krrpakv4 o4W 171 1.'
2840
01�14
Kevin Madnk, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
April 30, 2021
Department of'Stale
Administrative Code& Register
500 S Bronougli Street
'l,allaliassee FT.323994)2.50
To Vvliolii 11 May Concern,
Attacl led is an electronic copy of Ordinance No. (H).5-2021 adopting anlendlnents to ale
Monroe County 2030 Compreliensive Plan `unending the Future Land i Ise Clement and the
Housing Clemcnt to establish a new building pennit.allocation category to accept acid award 300
worklorce housing early evacuation unit building pennit allocations pursuant to the Workforce-
Aflordable Housing Initiative (Workforce Initiative) autlimized by die. Florida Adininistr-ation
Commission and die Florida Department 1,conoinic. t;)pportunity by aniending as well as clari#yiiig
Policies f 01.2.2, 101.2.4, 101.3.1, 101.342, 101.3.3, 101.3.4, 101.3.10, 101.3.11, 601.1, 601.1.1,
601.1.2, 601.1.8, 601.1.11, 601.5.1 aiid creating new Policy 101.3.12 to establish the specific
work#orce initiative requirements; providing for severability; providing liar repeal cif con#licting
fir ovisiiiis; prowiding#(.)r(ransinittal to die State Land Planning Agency and the Secretary of State;
provding for aniendment to and incorporation in the Monroe County Compreliensive Plan;
providing for an effective date. (File No. 2020-067)
'171iis Ordinance was adopted by the Monroe County 13oard of County Commissioners at a
regular nieeting, held iri lornial session, on April 21, 2021. Should you have any questions please
feel free to contact me at (30.5) 292-3550.
Respectfully Submitted,
Ke,%in Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex{011icio to the Monroe County
Board of County Commissioners
15f P,-une1a G. H icock, 1).[
cc: Planning& 1'nvironinental
County Attorney
B[)CC
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florie-" -1
305-294-4641 305-289-6027 305-852-7145 305-852-7145 2841
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
May 3, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005-2021, which was filed in this office on April 30,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 2842
2 � r
3 r�
5
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. -2024
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
14 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING
15 AGENCY AN ORDINANCE OF THE MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE
17 MONROE COUNTY 2030 COMPREHENSIVE PLAN AMENDING THE
18 FUTURE LAND USE ELEMENT AND THE HOUSING ELEMENT TO
19 MODIFY THE REQUIREMENTS RELATED TO THE 300 KEYS
20 AFFORDABLE WORKFORCE HOUSING INITIATIVE EARLY
21 EVACUATION UNIT BUILDING PERMIT ALLOCATIONS CREATED
22 BY THE GOVERNOR OF FLORIDA, ATTORNEY GENERAL OF
23 FLORIDA, CHIEF FINANCIAL OFFICER OF FLORIDA,AND FLORIDA
24 AGRICULTURE COMMISSIONER ACTING IN THEIR CAPACITY AS
25 THE FLORIDA ADMINISTRATION COMMISSION BY REMOVING THE
26 1-FOR-1 TAKINGS AND BERT HARRIS ACT LIABILITY REDUCTION
27 EXCHANGE REQUIREMENT BY AMENDING, AS WELL AS
28 CLARIFYING, POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4,
29 101.3.10, 101.3.11, 101.3.12, 601.1, 601.1.1, 601.1.2, 601.1.8, 601.1.11, 601.5.1;
30 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
31 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
32 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
33 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION
34 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
35 FOR AN EFFECTIVE DATE. (FILE NO. 2024-213)
36
37
38 ---------------------------------------------------------------------------------------------------------------------
39
40 WHEREAS, the Monroe County Board of County Commissioners conducted a public
41 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
42 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
43 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
44 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
45 Comprehensive Plan as described above; and
46
Resolution -2025 Page 1 of 2
BOCC Transmittal:File 2024-213
2843
47 WHEREAS,the Monroe County Board of County Commissioners supports the transmittal
48 of the requested Comprehensive Plan amendment;
49
50 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
51 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
52
53 Section 1: The Board of County Commissioners does hereby approve the transmittal of the
54 draft ordinance, attached as Exhibit A, for review of the proposed Comprehensive
55 Plan amendment.
56
57 Section 2. The Board of County Commissioners does hereby transmit the proposed
58 amendment to the State Land Planning Agency for review and comment in
59 accordance with the State Coordinated Review process pursuant to Section
60 163.3184(4), Florida Statutes.
61
62 Section 3. The Monroe County staff is given authority to prepare and submit the required
63 transmittal letter and supporting documents for the proposed amendment in
64 accordance with the requirements of Section 163.3184(4), Florida Statutes.
65
66 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
67 resolution to the Director of Planning.
68
69
70 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
71 Florida, at a regular meeting held on the day of
72
73 Mayor James K. Scholl, District 3
74 Mayor Pro Tem Michelle Lincoln, District 2
75 Commissioner Craig Cates, District 1
76 Commissioner David Rice, District 4
77 Commissioner Holly Merrill Raschein, District 5
78
79
80 BOARD OF COUNTY COMMISSIONERS
81 OF MONROE COUNTY, FLORIDA
82
83 BY
84 MAYOR JAMES K. SCHOLL
85
mQNAOE COUNTY ATTORNEY
. CRfRNMi
86f1r
87 (SEAL) x .
88
89 ATTEST: KEVIN MADOK, CLERK
90
91
92 AS DEPUTY CLERK
Resolution -2025 Page 2 of 2
BOCC Transmittal:File 2024-213
2844