HomeMy WebLinkAboutItem R4 R4
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
August 20, 2025
Agenda Item Number: R4
2023-4310
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari
AGENDA ITEM WORDING: A Public Hearing to Consider Adoption of an Ordinance, by the
Monroe County Board of County Commissioners, Amending the Monroe County Comprehensive Plan's
Future Land Use and Housing Elements to Eliminate the Existing 1-for-1 Takings and Bert Harris Act
Liability Reduction Exchange Requirement for All 214 of the Remaining Workforce Housing Initiative
Early Evacuation Unit Building Permit Allocations. TIME APPROXIMATE 10:00 A.M.
ITEM BACKGROUND:
On April 21, 2021, the Monroe County Board of County Commissioners ("BOCC", "Board", "Monroe
County", or the "County") 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 created by the State Department of Economic
Opportunity under the administration of Governor Rick Scott and then approved by Governor Scott,
Florida Attorney General Pamela Bondi, Florida Chief Financial Officer Jeff Atwater, and Florida Ag.
Commissioner Adam Putnam acting as the State Administration Commission on June 13, 2018, to
takings and Bert Harris Act liability reduction exchange program disposition whereby an early
evacuation 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, codified at Comprehensive Plan Policies 101.3.12(a)-(a)(1) ("Workforce
Initiative") [the above is the text existing prior to this adoption hearing held on August 20, 2025].
On September 11, 2024, the BOCC, via Public Hearing Item Q3. on the BOCC's published regular
meeting agenda for that day's regular BOCC meeting ("Public Hearings- Q3.:A Public Hearing to
Consider a Request for the BOCC to Approve a Resolution Transmitting to the State Land Planning
Agency an Ordinance, by the BOCC, Proposing to Amend the Comprehensive Plan so as to Newly
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Create a Tavernier Workforce Housing Subarea 1, Which Involves Text Changes to the Adopted
Policies of the Comprehensive Plan Which Limits Disposition of Early Evacuation Unit Allocations to a
]-for-] Exchange Program for Banking Into the County's Administrative Relief Pool for Takings and
Bert Harris Act Liability Reduction Countywide, In Order to Allow for 86 Early Evacuation Unit
Allocations to be Awarded for Development Without Requiring In Return an Equal Number of
Affordable ROGO Allocations To Be Banked Into the County's Administrative Relief Pool, as Requested
by Cemex Construction Materials, Florida, LLC,f/k/a Singletary Concrete Products Inc., LLC"),
directed professional staff to initiate the process for Land Development Code and Comprehensive Plan
amendments (i.e., to draft ordinances) to remove that above-highlighted 1-for-1 takings and Bert Harris
Act liability reduction program requirement, which the Board had originally enacted in the 2021
Ordinance, for all of the County's remaining 214 early evacuation unit building permit allocations.
The BOCC, through the Planning and Environmental Resources Department, is now proposing
amendments to the Future Land Use Element and the Housing Element of the adopted Monroe County
Comprehensive Plan to eliminate the above requirements (adopted via the Board's 2021 Ordinance)
limiting the remaining 214 early evacuation unit building permit allocations to be used to reduce
takings and Bert Harris Act liability countywide via the 1-for-1 takings and Harris Act liability
reduction program.
This proposed amendment will result in potential development of up to 214 additional early evacuation
units (with various income limits)within Monroe County and will result in a reduction of the
availability of allocations that would otherwise be potentially available through administrative relief to
resolve inverse condemnation(takings) and Bert Harris Act claims throughout Monroe County.
"PLEASE SEE ATTACHED STAFF REPORT FOR FULL DETAILS"
PREVIOUS RELEVANT BOCC ACTION:
April 13, 2016 - The BOCC adopted the Monroe County Year 2030 Comprehensive Plan and Monroe
County Land Development Code, which included a ROGO allocation distribution through the Year
2023, based on Rule 28-20.140, Florida Admin. Code, and the State Department of Economic
Opportunity's completion of the hurricane evacuation clearance time modeling task that found that with
10 years'worth of building permits the Florida Keys would be at a 24-hour evacuation clearance time
(Phase 2 of the 48-hour phased/staged evacuation).
May 2, 2018 - Then 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 create 1,300 additional Rate of Growth Ordinance (ROGO) allocations to
be dispersed throughout the Florida Keys ("ROGOs" or "Building Permit Allocation Systems"/"BPAS")
for rental workforce housing, with a condition that the rental occupants evacuate in the early phase (i.e.,
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 adhere to said evacuation of
all occupants/tenants of the development. Under the initiative, each jurisdiction would be eligible to
receive up to 300 of these 1,300 additional early evacuation unit building permit allocations. The press
release from Governor Scott's administration specifically stated: "To meet the increased demand for
workforce housing, the innovative Keys Workforce Housing Initiative will require new construction
4965
that participates to commit to evacuating renters in the 48-hour window of evacuation."
June 13, 2018 -As noted above, the Governor of Florida, the Attorney General of Florida, the Chief
Financial Officer of Florida, and the Florida Ag. Commissioner sitting as the State Administration
Commission approved Governor Scott's Workforce Housing Initiative. Florida Keys local governments
that chose to participate in the initiative were to work with DEO to amend their respective
comprehensive plans and/or land development regulations to allow for adding up to 300 of these overall
1,300 additional building permits for rental workforce housing with the condition of early evacuation.
Commissioner Rice called a special meeting for May 10, 2018 at 11 A.M., in Marathon, to provide the
Commission and the public an opportunity to discuss the proposal prior to the State Cabinet meeting
scheduled for May 15, 2018. At that 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.
May 16, 2018 - County staff provided the BOCC with a report on the Governor's proposal to add 1,300
additional ROGO allocations into Monroe County following meeting(s)with DEO and other State-level
staff. The Board was advised that there would be a State Cabinet meeting scheduled for June 13, 2018
to discuss the addition of these 1,300 additional allocations further.
On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
regarding the Workforce Housing 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.
August 15, 2018 - The BOCC directed County staff to prepare a discussion and direction item regarding
the Workforce Housing Initiative for the September 19, 2018, regular BOCC meeting.
September 19, 2018 - The BOCC directed County staff to draft proposed policy alternatives to the
State's Workforce Housing 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 Housing Initiative, if implemented, would create a precedent that would require the State to
award as many as 10,000 additional units in the future.
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January 30, 2019 - The BOCC considered options to accept the 300 units. County staff drafted three (3)
options for consideration by the BOCC:
1. Do not accept the 300 (of the 1,300 overall) early evacuation affordable ROGOs and extend
ROGO allocations through 2026;
2. Accept the 300 (of the 1,300 overall) early evacuation affordable ROGOs and extend ROGO
allocations until 2026; and
3. Accept the 300 (of the 1,300 overall) early evacuation affordable ROGOs and do not extend
ROGO beyond 2023.
The BOCC directed County staff to extend ROGO allocations through 2026, but took no action
regarding the 300 early evacuation affordable ROGOs.
January 22, 2020 - The BOCC adopted BOCC Ordinance No. 005-2020 to extend the remaining market
rate ROGOs out for an additional three (3)years from 2023 to 2026.
January 22, 2020 - The BOCC directed County staff to prepare an agenda item to discuss and provide
direction on whether to direct County 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
DEO required to evacuate in Phase 1 of the Hurricane Evacuation model.
February 19, 2020 - The BOCC discussed whether to direct County staff to process a Comprehensive
Plan and Land Development Code amendment(s) 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 County staff to initiate the process to accept the 300 (of the 1,300 overall) workforce housing
units.
July 15, 2020 - During a discussion item on potentially shifting market rate allocations to the affordable
housing pool(BOCC Agenda Item I5.), the BOCC provided further direction to County staff on its
ultimate desire to accept the 300 (of the 1,300 overall)workforce housing early evacuation unit building
permit allocations. The BOCC gave the following direction: 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).
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January 20, 2021 - The BOCC adopted BOCC Resolution No. 041-2021 to transmit the proposed
amendments to DEO to review the 300-workforce housing early evacuation unit proposal, with a
modification to Monroe County Comprehensive Plan Policy 101.3.12 to eliminate the requirement for a
development agreement. With the 300-unit amendment being structured as a 1-for-1 takings and Harris
Act liability mitigation exchange program, the projects exchanging units that have previously completed
their development review and multiple hearings for a development agreement presented as potentially
unnecessary and costly. The BOCC and County staff could review/approve such exchange(s) through a
Resolution approving a contract. DEO reviewed the amendment and issued an Objections,
Recommendations and Comments ("ORC") report that the County received on March 30, 2021. The
ORC report stated: "[T]he Department does not identify any objections or comments to the proposed
amendment."
April 21, 2021 - The BOCC adopted BOCC Ordinance No. 2021-005 and and BOCC Ordinance No.
2021-006 authorizing the acceptance of the 300 (of the 1,300 overall) early evacuation allocations from
the State and to allow said allocations be used in exchange of existing affordable units/approved
affordable allocations for the purpose of reducing inverse condemnation (takings) and Harris Act
liability county-wide. Additionally, the Ordinance(s) include(d)provisions that allow the returned
affordable units/allocations to be banked to resolve potential takings cases.
September 11, 2024 -At the BOCC's September 11, 2024, regular public meeting the BOCC approved
transmittal to the State Land Planning Agency (Florida Department of Commerce) an Ordinance
approving an amendment to the Monroe County Comprehensive Plan to newly create Goal 113, Object
113.1, and a site-specific subarea 1 (the "Tavernier Workforce Housing Subarea 1") applicable to a
portion of property located at 92501 Overseas Highway, which included text changes to the adopted
policies of Monroe County's Comprehensive Plan, which limit disposition of early evacuation unit
allocations to a 1-for-1 exchange program for banking into the County's administrative relief pool for
takings and Bert Harris Act liability reduction countywide.
September 11, 2024 -At the BOCC's September 11, 2024, regular public 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 early evacuation
unit building permit allocations.
December 11, 2024 -At the BOCC's December 11, 2024,public meeting, the BOCC adopted BOCC
Ordinance No. 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 of the early
evacuation unit building permit allocations on one single 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.
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April 16, 2025 - At the BOCC's regular public meeting held on that date, the Board held a public
hearing to consider approval of a Resolution transmitting the proposed text amendment, considered the
accompanying professional staff report, and provided for public comment and public participation in
accordance with the requirements of law and the procedures adoption for public participation in the
planning process. The Board adopted BOCC Resolution No. 168-2025 formally transmitting the
proposed amendment to the State Land Planning Agency(the State Department of Commerce) for
review and comment.
Following its review of the proposed amendment, the State Department of Commerce issued an
Objections, Recommendations and Comments ("ORC")report on June 27, 2025. The State Department
of Commerce's ORC report did not identify any objections, recommendations or comments. The
County has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the
amendment with changes or not adopt the amendment.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Ex. 1_Ciov.Scott_Press_Release.pdf
Ex. 2 DLO_DRAFT_Language_WOMUORCB-AFFORDABLB_N1oco.pdf
Original Ordinance - Ordinance No. 005-2021 (CPAmendment -Adopted by BOCC Apr. 21, 2021).pdf
2024-213.Ordinance 2_.pdf
2024-213.BOCC.08.20.20255_(1).pdf
FINANCIAL IMPACT:
N/A
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GOVERNOR
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FOR IMMEDIATE RELEASE CONTACT: GOVERNOR'S PRESS OFFICE
May 2. 2O18 (850)717-9282
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TALLAHASSEE, Fla. — Governor Scott today directed the Department ofEconomic 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 a||ovv 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 etate, especially in the Florida
Keys and since the storm vve have been working hand to rebuild even stronger than before. For
business owners across the Keye, 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 aooeee to workforce houeing, allowing businesses the opportunity to grow while
providing a plan to ensure Keys residents can evacuate safely before a storm."
OE[> is charged with reviewing local development decisions in the Florida Keys due to its legislative
designation as an Area of Critical State Concern. State |avv requires that growth be limited in the Keys
to ensure that residents can evacuate safely within 24 hours in advance of hurricane. To meet the
increased demand for workforce housing, the innovative Keys Workforce Housing Initiative will require
new construction that participates to oornrnit to evacuating renters in the 48-hour window of
evacuation.
The initiative will a||ovv 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 OE{} to amend their
comprehensive plans to allow for additional building permits that meet these safety requirements.
Cieey Prootor, Executive Director ofOE[>. said, ''Ae | have toured the damage from Hurricane |rnna.
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
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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."
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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.
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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.
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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
4974
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
4975
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
4976
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
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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
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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.
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4979
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 lcd 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
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4980
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.
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4981
** 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
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4982
1 f. modifications required or provided by this plan or agreement pursuant to Chapter
2 380, Florida Statutes; and
3 g. receipt or transfer of affordable housing allocations by intergovernmental
4 agreement; and
5 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
6 Clearance Time Memorandum of Understanding.
7 2. allocation of affordable housing; work Iorce housing early eN acuation units and market
8 rate housing units in accordance with Policicsy 101.3.2 and 101.3.3; and
9 3. timing of the acceptance of applications, evaluation and scoring of applications, and
10 issuance of permits for new residential development during the calendar year.
11
12 Policy 101.3.5
13 Due to the limited number of allocations and the State's requirement that the County
14 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
15 shall prohibit new transient residential allocations for hotel or motel rooms,campground
16 spaces, or spaces for parking a recreational vehicle or travel trailer until May 2022.
17 Lawfully established transient units shall be entitled to one unit for each type of unit in
18 existence before January 4, 1996 for use as a ROGO exemption. (Ord. No. 024-2011)
19
20 Policy 101.3.6
21 All public and institutional uses (except hospital rooms) that predominately serve the
22 County's non-transient population and which house temporary residents shall be subject
23 to the Permit Allocation System for residential development, except upon factual
24 demonstration that such transient occupancy is of such a nature so as not to adversely
25 impact the hurricane evacuation clearance time of Monroe County.
26
27
28
29 Policy 101.3.9
30 For those ROGO applications and properties which have not received a ROGO award for
31 four consecutive years and have applied for administrative relief, which are designated
32 Tier I, I1, or IIIA, the County or the State shall offer to purchase the property if funding
33 for such is available. Refusal of the purchase offer shall not be grounds for granting a
34 ROGO award.
35
36 Policy 101.3.10
37 Notwithstanding any other provision of the Plan, except the last sentence of this Policy_
38 101.3.10. bUildilIg [arm allocations utilized for affordable housing projects may be
3-9 pooled and transferred between ROGO sub-areas,excluding the Big Pine/No Name Keys
40 ROGO subarea,and between local government jurisdictions within the Florida Keys Area
41 of Critical State Concern (ACSC). Any such transfer of all'Or(able housing allocations
42 between local government jurisdictions must be accomplished through an interlocal
43 agreement between the sending and receiving local governments. Intedocal agreements
44 that it vok e assigning (Ile C'nuntN"',af]'M-daihle Ilk using_(i���t including all'ordahle housing
45 allocations banked for takings cases) allocations it) cxim-mg, thielling xniis isilhin it
46 InIIIIicipali11•w i111 a requirement that the associated market rate RO[a(].B11AS exemptions
47 be transferred into the unincorporated COL111ty as an exchange for the al ordable llousin�4
Ordinance No.QQJ-2021 Page 10 of 20
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4983
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
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4984
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'Ol7erty 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
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4985
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 Commencer 11111i11 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 plo 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 gfibrdahle 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
4986
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
4987
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
4988
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
4989
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
4990
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
4991
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
4992
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
4993
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
4994
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.'
4995
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 4996
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 4997
1 ,�r
2
3
414
6 w
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 ORDINANCE NO. -2025
11
12 AN ORDINANCE, BY THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS, ADOPTING AMENDMENTS TO THE MONROE
14 COUNTY COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT
15 AND HOUSING ELEMENT TO MODIFY THE REQUIREMENTS
16 RELATED TO THE COUNTY'S REMAINING 214 EARLY EVACUATION
17 UNIT BUILDING PERMIT ALLOCATIONS THAT WERE
18 ADDITIONALLY CREATED IN 2018 BY THE GOVERNOR OF
19 FLORIDA, THE FLORIDA ATTORNEY GENERAL, THE FLORIDA
20 CHIEF FINANCIAL OFFICER, AND THE FLORIDA AGRICULTURE
21 COMMISSIONER ACTING AS THE STATE ADMINISTRATION
22 COMMISSION, BY REMOVING THE EXISTING 1-FOR-1 TAKINGS
23 AND BERT HARRIS ACT LIABILITY REDUCTION EXCHANGE
24 REQUIREMENT,AS WELL AS CLARIFYING COMPREHENSIVE PLAN
25 POLICIES 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
26 101.3.11, 101.3.12, AND 601.1.8; PROVIDING FOR SEVERABILITY;
27 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
28 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
29 AGENCY AND SECRETARY OF STATE; PROVIDING FOR
30 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
31 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE.'
32
33
34 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
35 Statutes, Monroe County ("Board of County Commissioners", "Board", "BOCC", "Monroe
36 County", or the "County")possesses the police power(s)to enact ordinances to protect the health,
37 safety, and welfare of the public at-large; and
38
39 WHEREAS,the Florida Keys Area Protection Act,2 codified at Section 380.0552, Florida
40 Statutes, specially designates Monroe County an Area of Critical State Concern, establishes the
41 "legislative intent'3 of the State of Florida to "ensure that the population of the Florida Keys can
42 be safely evacuated" [Section 380.0552(2)(j), Florida Statutes] and requires that amendments to
43 each local government's comprehensive plan "must" include "[g]oals, objectives, and policies to
44 protect public safety and welfare in the event of a natural disaster by maintaining a hurricane
45 evacuation clearance time for permanent residents of no more than 24 hours."4; and
'Monroe County Planning and Environmental Resources Department File No.2024-213.
2 Fla. Stat. § 380.0552(1).
3 Fla. Stat. § 380.0552(2).
4 Fla. Stat. § 380.0552(9)(a)(2.).
1 of 18
4998
I WHEREAS, Monroe County has adopted a Permit Allocation System known as the Rate
2 of Growth Ordinance ("ROGO") to provide for the safety of the visitors to and the residents of
3 Monroe County in the event of major hurricanes and to protect the Florida Keys Area of Critical
4 State Concern's significant sensitive environmental and natural resources of statewide
5 importance,s as required by the State of Florida; and
6
7 WHEREAS, on May 2, 2018, then-Governor Rick Scott issued a press release outlining
8 an initiative of the State Department of Economic Opportunity ("DEO"),6 operating under the
9 administration of Governor Scott, for a"Keys Workforce Housing Initiative" to add an additional
10 1,300 ROGO allocations into the Florida Keys Area of Critical State Concern("ACSC")for rental
11 workforce housing with the condition that the rental workforce occupants must evacuate in the
12 early phase (48-hour window) of a hurricane evacuation; and
13
14 WHEREAS, on June 13, 2018, then-Governor Rick Scott, Florida Attorney General
15 Pamela Bondi, Florida Chief Financial Officer Jeff Atwater, and Florida Agriculture
16 Commissioner Adam Putnam acting as the State Administration Commission approved the
17 "Workforce Housing Initiative" after presentation by DEO that the Phase I hurricane evacuation
18 (under the existing staged hurricane evacuation plan) can be accomplished in 17.5 hours, leaving,
19 then, an additional capacity of 6.5 hours within Phase I; and
20
21 WHEREAS, the Florida Keys must manage growth cognizant of the quadruple issues of
22 new housing stock naturally constrained by limited development potential due to the Florida Keys
23 island chain's geographic features and resulting expensive and finite dry land, a local economy
24 with a prevalence of lower paying tourism jobs, and the need to safely evacuate the Florida Keys
25 in the event of hurricanes and to protect the island chain's fragile environmental and natural
26 resources; and
27
28 WHEREAS, the need to protect and preserve an adequate inventory of
29 affordable/workforce accessible housing stock is, for the reasons stated in the paragraph
30 immediately above, a challenge in the Florida Keys; and
31
32 WHEREAS, the BOCC adopted Ordinance No. 2021-005 and Ordinance No. 2021-006,
33 amending the Monroe County Comprehensive Plan and Land Development Code, respectively,
34 authorizing the acceptance of 300 early evacuation allocations from the State and to allow said
35 early evacuation allocations be utilized in exchange for existing affordable units/approved
36 affordable allocations pursuant to a mechanism allowing the returned affordable units/allocations
37 to be banked into the County's administrative relief pool to resolve county-wide takings and Bert
38 Harris Act liability; and
39
40
s Fla. Stat. § 380.05(2)(a).
6 The State"Department of Economic Opportunity"has since been renamed the State"Department of Commerce"
pursuant to Ch.2023-173,Laws of Fla. (codified at Fla. Stat. §20.60).
2of18
4999
I WHEREAS, at the BOCC's September I11h, 2024, regular public meeting, the Board
2 directed Planning and Environmental Resources Department professional staff to begin
3 processing Comprehensive Plan and Land Development Code text amendments to eliminate the
4 aforementioned 1-for-1 takings and Bert Harris Act liability reduction exchange requirement for
5 the remaining unused 214 early evacuation unit building permit allocations; and
6
7 WHEREAS, the laws, policies, rules, and regulations adopted in the Monroe County
8 Comprehensive Plan and Land Development Code ("LDC") are to maintain public health, safety,
9 and welfare of the public at-large of the Florida Keys and to strengthen our local government
10 capability to manage land use; and
11
12 WHEREAS, on December 12, 2024, a community meeting was held, as required by LDC
13 Section 102-159(b)(3), to discuss these proposed Comprehensive Plan and Land Development
14 Code text amendments, and to provide for public participation; and
15
16 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
17 considered the proposed amendment(s) at a regularly scheduled DRC meeting held on February
18 18, 2025; and
19
20 WHEREAS, the Monroe County Planning Commission ("Planning Commission" or
21 "PC") held a public hearing on March 26, 2025, for review and recommendation on the proposed
22 Comprehensive Plan text amendment(s); and
23
24 WHEREAS, the Planning Commission adopted Resolution No. P11-25 recommending
25 approval of the instant amendment(s) including but not limited to clarify Monroe County
26 Comprehensive Plan Policies 101.2.2, 101.2.4, 101.3.1, 101.3.2, 101.3.3, 101.3.4, 101.3.10,
27 101.3.11, 101.3.12, and 601.1.8; and
28
29 WHEREAS, at public hearing held on April 16, 2025, the Board adopted BOCC
30 Resolution No. 168-2025, which transmitted the proposed text amendment(s) to the State Land
31 Planning Agency; and
32
33 WHEREAS, the State Land Planning Agency reviewed the amendment(s) and issued an
34 Objections, Recommendations and Comments ("ORC")report on June 27th, 2025; and
On September 11,2024,the BOCC,as part of Public Hearing Item Q3. on the BOCC's published regular meeting
agenda for that day's regular BOCC meeting("Public Hearings-Q3.:A Public Hearing to Consider a Request for
the BOCC to Approve a Resolution Transmitting to the State Land Planning Agency an Ordinance, by the BOCC,
Proposing to Amend the Comprehensive Plan so as to Newly Create a Tavernier Workforce Housing Subarea 1,
Which Involves Text Changes to the Adopted Policies of the Comprehensive Plan Which Limits Disposition of Early
Evacuation Unit Allocations to a ]-for-]Exchange Program for Banking Into the County's Administrative Relief
Pool for Takings and Bert Harris Act Liability Reduction Countywide,In Order to Allow for 86 Early Evacuation
Unit Allocations to be Awarded for Development Without Requiring In Return an Equal Number of Affordable
ROGO Allocations To Be Banked Into the County's Administrative Relief Pool, as Requested by Cemex
Construction Materials, Florida, LLC,f/k/a Singletary Concrete Products Inc., LLC"),directed County professional
staff to initiate the process for Land Development Code ("LDC") and Comprehensive Plan("CP")amendments(i.e.,
to draft LDC and CP ordinances)to remove the 1-for-1 takings and Bert Harris Act liability reduction program
requirement referenced herein,which the Board had originally enacted pursuant to BOCC Ordinance No.006-2021,
for all of the County's remaining 214 early evacuation unit building permit allocations.
3of18
5000
I WHEREAS, the State Land Planning Agency's ORC report did not identify any
2 objections, recommendations, or comments; and
3
4 WHEREAS, Monroe County has 180 days from the date of receipt of the ORC to adopt
5 the proposed amendment(s), adopt the amendment(s) with changes, or to not adopt the
6 amendment(s); and
7
8 WHEREAS, the Monroe County Board of County Commissioners is authorized by
9 Section 125.01(1)(h), Florida Statutes, to establish, coordinate and enforce zoning and such
10 business regulations as are necessary for the protection of the public; and
11
12 WHEREAS, the Monroe County Planning and Environmental Resources Department
13 professional staff memorandum ("professional staff report") dated July 26, 2025, for the August
14 201h, 2025, BOCC public hearing, completed by and from Department Assistant Director Cheryl
15 Cioffari, A.LC.P.,B recommends approval of the proposed amendment(s) to the Monroe County
16 Comprehensive Plan amending the instant Comprehensive Plan provisions in order to eliminate
17 the 1-for-1 takings and Bert Harris Act liability reduction exchange requirement for the remaining
18 214 early evacuation unit building permit allocations; and
19
20 WHEREAS, at a regularly scheduled meeting held on August 20, 2025, the BOCC held a
21 duly noticed public hearing, considered the professional staff report and recommendation
22 accompanying this proposed text amendment(s) (hereinafter"amendment")to the Monroe County
23 Comprehensive Plan, and provided for public comment and public participation in accordance
24 with the requirements of law and the procedures adopted for public participation in the planning
25 process; and
26
27 WHEREAS, based upon the documentation submitted and information provided,
28 including but not limited to the documentation and information furnished in the Department's
29 professional staff report, the BOCC hereby makes the following findings of fact and conclusions
30 of law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
33 Monroe County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development for
35 the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida Statutes;
36 and
37 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes.
38
39 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. Title, Legislative Intent, Recitals, Findings of Fact, and Conclusions of Law.
43 The foregoing title, recitals, statements of legislative intent, findings of fact, and
44 conclusions of law are true and correct and are hereby incorporated as if fully stated
45 herein.
s American Institute of Certified Planners(A.LC.P.)—Certification.
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5001
I Section 2. The analysis, findings of fact, and conclusions of law in the July 26, 2025-dated
2 Monroe County Planning and Environmental Resources Department professional
3 staff report accompanying this BOCC agenda item, prepared/completed by and
4 from Department Assistant Director Cheryl Cioffari,A.LC.P., is/are adopted,to the
5 extent not plainly inconsistent with this Ordinance, as the BOCC's own analysis,
6 findings of fact, and conclusions of law, and the BOCC hereby incorporates said
7 professional staff report as if fully set forth herein.
8
9 Section 3. The Monroe County Comprehensive Plan is hereby amended as follows:
10
Proposed Amendment: deletions are st+i kef t4-ettgh; additions are shown in underlined.
11
12
13 Objective 101.2
14 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28-20.140,
15 F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain
16 a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State
17 Land Planning Agency relative to the 2012 Memorandum of Understanding that has been
18 adopted between the County and all the municipalities and the State agencies.
19
20 Policy 101.2.1
21 Monroe County shall maintain a memorandum of understanding with the State Land
22 Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key
23 West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable
24 data and analysis,the input variables and assumptions, including regional considerations,
25 for utilizing the Florida Division of Emergency Management's (DEM) Transportation
26 Interface for Modeling Evacuations ("TIME") Model to accurately depict evacuation
27 clearance times for the population of the Florida Keys.
28
29 Policy 101.2.2
30 Monroe County shall coordinate with all the municipalities, the State Land Planning
31 Agency and Division of Emergency Management to update the variables and assumptions
32 for the evacuation clearance time modeling and analyses of the build-out capacity of the
33 Florida Keys Area of Critical State Concern based upon the release of the decennial
34 Census data. Pursuant to the 2012 eempleted hurricane evacuation clearance time
35 modeling by the State Land Planning Agency, which incorporates the 2010 Census data,
36 the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197
37 annual ROGO rate based on Rule 28-20.140, F.A.C.) through the year 2023, while
38 maintaining an evacuation clearance time of 24 hours. The County adopted a slower rate
39 of annual allocations for market rate development to extend the allocation timeframe to
40 2026 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County
41 shall reevaluate the annual ROGO allocation rate based on: 1) statutory changes for
42 hurricane evacuation clearance time requirement standards; 2)new hurricane evacuation
43 modeling by the State Land Planning Agency and Division of Emergency Management;
44 and 3) a new or revised memorandum of understanding with the State Land Planning
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I 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,
5 Monroe County shall establish a new allocation category to accept and award 300
6 affordable workforce housing early evacuation unit building permit allocations pursuant
7 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative).
8 These allocations are in addition to the maximum allocations identified in Rules 28-20,
9 F.A.C., and shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending
10 major hurricane.
11
12 Policy 101.2.3
13 The County will consider capital improvements based upon the need for improved
14 hurricane evacuation clearance times, including potential impacts from sea level rise to
15 the County's evacuation route. The County will coordinate with the FDOT, the state
16 agency which maintains U.S.1, to ensure transportation projects that maintain and
17 improve clearance times are prioritized.
18
19 Policy 101.2.4
20 In the event of a pending major hurricane (Category 35) Monroe County shall
21 implement the following staged/phased evacuation procedures to achieve and maintain
22 an overall 24-hour hurricane evacuation clearance time for the resident population.
23 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation
24 of non-residents, visitors, recreational vehicles (RVs), travel trailers, live-aboard
25 vessels (transient and non-transient), military personnel, units approved, and deed
26 restricted as affordable workforce housing early evacuation units from the Florida
27 Keys shall be initiated. State parks and campgrounds should be closed at this time or
28 sooner and entry into the Florida Keys by non-residents should be strictly limited.
29 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation
30 of mobile home residents, special needs residents, and hospital and nursing home
31 patients from the Keys shall be initiated.
32 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased
33 evacuation of permanent residents by evacuation zone (described below) shall be
34 initiated. Existing evacuation zones are as follows:
35 a)Zone 1 -Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
36 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
37 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-
38 63)
39 d)Zone 4 -West end of Long Key Bridge to CR 905 and CR 905A intersection(MM
40 63-106.5 and MM 1-9.5 of CR 905)
41 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
42
43 The actual sequence of the evacuation by zones will vary depending on the individual
44 storm. The concepts embodied in these staged evacuation procedures should be
45 embodied in the appropriate County operational Emergency Management Plans.
46
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5003
I The evacuation plan shall be monitored and updated on an annual basis to reflect
2 increases, decreases and or shifts in population;particularly the resident and non-resident
3 populations.
4
5 For the purpose of implementing Policy 101.2.4,this Policy shall not increase the number
6 of allocations to more than 197 residential units a year, except for affordable housing.
7 Any increase in the number of allocations shall be for affordable housing. Monroe County
8 hereby accepts 300 affordable workforce (^� housing early evacuation unit
9 building permit allocations pursuant to the Workforce-Affordable Housing Initiative
10 (Policy 101.3.12 Workforce Initiative) authorized by the Florida Administration
11 Commission, Chapter 2023-17, Laws of Florida, and the State Land Planning Agency
12 Fier-ida Dep ftme„t E,.efiefnie Oppe to*ity These early evacuation allocations are in
13 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
14 restricted to rental occupancy for those who derive at least 70% of their income as
15 members of the workforce in Monroe County and who meet the affordable housing
16 income categories of the Monroe County Land Development Code. The early evacuation
17 allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation as provided
18 in Policy 101.2.4 4 a pemdi, majer- htit No new additional residential dwelling
19 unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
20 approved and provided by the Florida Administration Commission and the State Land
21 Planning A hurricane
after review of hurricane
22 evacuation modeling results by the State Land Planning Agency and the Division of
23 Emergency Management of available evacuation capacity and a review of the level of
24 service and available capacity for all public facilities.
25
26 Objective 101.3
27 Monroe County shall regulate new residential development based upon the finite carrying
28 capacity of the natural and man-made systems and the growth capacity while maintaining a
29 maximum hurricane evacuation clearance time of 24 hours.
30
31 Policy 101.3.1
32 Monroe County shall maintain a Permit Allocation System for new residential
33 development known as the Residential Rate of Growth Ordinance (ROGO) System. The
34 Permit Allocation System shall limit the number of permits issued for new residential
35 dwelling units. The ROGO allocation system shall apply within the unincorporated area
36 of the county, excluding areas within the county mainland and within the Ocean Reef
37 planned development (Future development in the Ocean Reef planned development is
38 based upon the December 2010 Ocean Reef Club Vested Development Rights Letter
39 recognized and issued by the Department of Community Affairs). New residential
40 dwelling units included in the ROGO allocation system include the following: affordable
41 housing units; market rate dwelling units; mobile homes; institutional residential units
42 (except hospital rooms) and affordable workforce housing early evacuation units.
43
44 Vessels are expressly excluded from the allocation system, as the vessels do not occupy
45 a distinct location, and therefore cannot be accounted for in the County's hurricane
46 evacuation model. Under no circumstances shall a vessel, including live-aboard vessels,
47 or associated wet slips be transferred upland or converted to a dwelling unit of any other
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5004
I type. Vessels or associated wet slips are not considered ROGO allocation awards, and
2 may not be used as the basis for any type of ROGO exemption or THE(Transfer of ROGO
3 Exemption).
4
5 ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential
6 units; and seasonal residential units are subject to Policy 101.3.5.
7
8 For purposes of this Policy,the redevelopment or replacement of any lawfully established
9 unit within the Venture out community, which is located in the Lower Keys at MM23 on
10 Cudjoe Key, that does not increase the number of units, above that which existed on or
11 before January 4, 1996, shall be exempt from the permit allocation (ROGO) system.
12 Policies 101.3.5 and 101.6.8 shall not apply to Venture Out, and the units within Venture
13 Out may be developed as either detached dwelling, mobile home or recreational vehicle
14 use through the approval of a building permit,provided the following are met:
15 1. To not increase the hurricane evacuation clearance time of permanent
16 residents, in the event of a pending major hurricane (Category 35), a
17 mandatory evacuation of all occupants of units within Venture Out,regardless
18 of unit type, is required at least 48 hours in advance of tropical storm winds.
19 Approximately 48 hours in advance of tropical storm winds, a mandatory
20 evacuation of occupants residing in a permanent unit shall be initiated and a
21 mandatory evacuation of both the occupants of recreational vehicles (RVs)
22 and the RVs shall be initiated;
23 2. Notwithstanding the provisions of Policy 101.5.5, the interchangeability of
24 detached dwelling (permanent), mobile home (permanent) and recreational
25 vehicles (transient) uses may occur only within the gated Venture Out
26 community with a managing entity responsible for evacuation;
27 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
28 prohibited;
29 4. Recreational Vehicles must meet all land development regulations, floodplain
30 management regulations and any building code requirements for recreational
31 vehicles;
32 5. A recreational vehicle must have current licenses required for highway travel,
33 be attached to the site only by the quick disconnect-type utilities, and no
34 permanent additions such as sun rooms or state rooms shall be permitted;
35 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit,
36 regardless of use type,within the Venture Out community may be transferred
37 to another site outside of the Venture Out community; and
38 7. In no case shall recreational vehicles (transient units) be developed as a
39 hotel/motel.
40
41 Policy 101.3.2
42 The number of permits issued for residential dwelling units under the Rate of Growth
43 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,
44 2013 through July 12,2026,plus any available unused ROGO allocations from a previous
45 ROGO year and 300 affordable workforce housing early evacuation unit building permit
46 allocations authorized by the Florida Administration Commission, Chapter 2023-17,
47 Laws of Florida, and the State Land Planning Agency
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5005
I OppefPd*it�,.A ROGO year means the twelve-month period beginning on July 13.Market
2 rate allocations shall not to exceed 126 residential units per year. Unused allocations for
3 market rate shall be available for Administrative Relief.
4
5 In 2012,pursuant to Rule 28-20.140,F.A.C.,the State Land Planning A_ genMDepafWaeff�
6 of E,.,,,,efnie Opp eftu*ity completed the hurricane evacuation clearance time modeling
7 task and found that with 10 years' worth of building permits, the Florida Keys would be
8 at a 24 hour evacuation clearance time. This creates challenges for State of Florida and
9 Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier
10 II, 260 Tier IH-A (SPA); 3,301 Tier I11, and 235 No tier (ORCA, etc.)] and with 1,970
11 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk
12 of not obtaining permits in the future. In recognition of the possibility that the inventory
13 of vacant parcels exceeds the total number of allocations which the State will allow the
14 County to award, the County adopted a slower rate of annual allocations for market rate
15 development to extend the allocation timeframe to 2026 and is accepting 300 affordable
16 workforce(^�housing early evacuation unit building permit allocations pursuant
17 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative)
18 authorized by the Florida Administration Commission, Chapter 2023-17, Laws of
19 Florida, and the State Land Planning Agency
20 These affordable workforce housing early evacuation allocations that are in addition to
21 the maximum building permit allocations identified in Rules 28-20, F.A.C. The County
22 will consider adopting an extended timeframe for distribution of the ROGO allocations
23 through 2033 with committed financial support from its State and Federal partners. This
24 timeframe can provide a safety net to the County and provide additional time to
25 implement land acquisition and other strategies to reduce the demand for ROGO
26 allocations and help transition land into public ownership.
27
28 The County is actively engaged in acquisitions and is requesting its State and Federal
29 partners for assistance with implementing land acquisitions in Monroe County. The
30 County will allocate the 1,970 new dwelling unit allocations through July 12, 2026. If
31 substantial financial support is provided by July 12, 2023,the County will reevaluate the
32 ROGO distribution allocation schedule and consider an extended timeframe for the
33 distribution of market rate allocations (through a comprehensive plan amendment).
34 Further, the State and County shall develop a mutually agreeable position defending
35 inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act
36 cases, with the State having an active role both directly and financially in the defense of
37 such cases.
38
39 The County shall distribute ROGO allocations by ROGO year, as provided in the table
40 below.
41
Annual Allocation
ROGO Year Affordable Affordable Workforce
Market Rate Housing Housing Early
Evacuation Initiative
July 13, 2013—July 12, 2014 126 71 N/A
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5006
July 13, 2014—July 12, 2015 126 71
July 13, 2015—July 12, 2016 126
July 13, 2016—July 12, 2017 126
July 13, 2017—July 12, 2018 126
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.
** Affordable Wworkforce housing early evacuation unit building�permit allocations shall be
available countywide (unincorporated county) within the Upper and Lower Keys subareas and
distributed on a first-come first-serve basis. Requests for dwelling units developed and/or deed-
restricted utilizing the affordable workforce housing early evacuation unit building permit
allocations are subject to the provisions of Policy 101.3.12.
1
2 The State of Florida, pursuant to Administration Commission Rules, may modify the
3 annual allocation rate. Monroe County will request a Rule change from the
4 Administration Commission to authorize the above allocation timeframe and rate.
5
6 Policy 101.3.3
7 Monroe County shall allocate at least 20% of the annual allocation, or as may be
8 established by the State of Florida, pursuant to Administration Commission Rules, to
9 affordable housing units as part of ROGO. Any portion of the allocations not used for
10 affordable housing shall be retained and be made available for affordable housing from
11 ROGO year to ROGO year. Affordable housing eligible for this separate allocation and
12 affordable workforce housing early evacuation units shall meet the criteria specified in
13 Policy 601.1.4 and the Land Development Code, but shall not be subject to the
14 competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any
15 parcel proposed for affordable housing or affordable workforce housing early evacuation
16 units shall not be located within an area designated as Tier I as set forth under Goal 105
17 or within a Tier III-A Special Protection Area as set forth in Policy 205.1.1.
18
19 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing
20 ROGO allocations may be awarded to Tier I or Tier III-A properties which meet all of
21 the following criteria:
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5007
1 1. The property contains an existing market rate dwelling unit that meets the criteria in
2 LDC Section 138-22(a) and is determined to be exempt from ROGO;
3 2. The proposed replacement affordable dwelling unit meets current Florida Building
4 Code and is not a mobile home;
5 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least
6 99 years as affordable housing pursuant to the standards of the Land Development
7 Code; and
8 4. The proposed site plan for the replacement affordable dwelling unit does not propose
9 any additional clearing of habitat.
10
11 Policy 101.3.4
12 The Permit Allocation System (or Rate of Growth Ordinance) for new residential
13 development shall specify procedures for:
14 1. establishing the annual number of per-mits-allocations for new residential units to be
15 issued during the next ROGO year based upon, but not limited to the following:
16 a. expired allocations and building permits in previous year;
17 b. allocations available, but not allocated in previous year;
18 c. number of allocations borrowed from future quarters;
19 d. vested allocations;
20 e. modifications required or provided by Administration Commission Rules;
21 f. modifications required or provided by this plan or agreement pursuant to Chapter
22 380, Florida Statutes; and
23 g. receipt or transfer of affordable housing allocations by intergovernmental
24 agreement; and
25 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation
26 Clearance Time Memorandum of Understanding.
27 2. allocation of affordable housing, affordable workforce housing early evacuation units
28 building permit allocations and market rate housing units in accordance with Policies
29 101.3.2 and 101.3.3; and
30 3. timing of the acceptance of applications, evaluation and scoring of applications, and
31 issuance of permits for new residential development during the calendar year.
32
33 Policy 101.3.5
34 Due to the limited number of allocations and the State's requirement that the County
35 maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County
36 shall prohibit new transient residential allocations for hotel or motel rooms, campground
37 spaces, or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully
38 established transient units shall be entitled to one unit for each type of unit in existence
39 before January 4, 1996, for use as a ROGO exemption.
40
41 Policy 101.3.6
42 All public and institutional uses (except hospital rooms) that predominately serve the
43 County's non-transient population and which house temporary residents shall be subject
44 to the Permit Allocation System for residential development, except upon factual
45 demonstration that such transient occupancy is of such a nature so as not to adversely
46 impact the hurricane evacuation clearance time of Monroe County.
47
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5008
2
3 Policy 101.3.9
4 For those ROGO applications and properties which have not received a ROGO award for
5 four consecutive years and have applied for administrative relief, which are designated
6 Tier I, II, or IIIA, the County or the State shall offer to purchase the property if funding
7 for such is available. Refusal of the purchase offer shall not be grounds for granting a
8 ROGO award.
9
10 Policy 101.3.10
11 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
12 101.3.10,building allocations utilized for affordable housing projects may be pooled and
13 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO
14 subarea, and between local government jurisdictions within the Florida Keys Area of
15 Critical State Concern (ACSC). Any such transfer of affordable housing allocations
16 between local government jurisdictions must be accomplished through an interlocal
17 agreement between the sending and receiving local governments. Interlocal agreements
18 that involve assigning the County's affordable housing(not including affordable housing
19 allocations banked for takings cases) allocations to existing dwelling units within a
20 municipality with a requirement that the associated market rate ROGO/BPAS exemptions
21 be transferred into the unincorporated County as an exchange for the affordable housing
22 allocations transferred to the municipality, shall be accomplished through a minor
23 conditional use permit approval and shall be subject to the receiver site criteria in Policy
24 101.6.8 and may be transferred to any subarea within the unincorporated County.
25
26 In no event shall the County;
27 (1) pool and transfer affordable workforce housing early evacuation unit building
28 permit allocations between ROGO sub-areas,
29 (2) transfer affordable workforce housing early evacuation unit building�permit
30 allocations to another government jurisdiction,
31 (3) receive affordable workforce housing early evacuation unit building�permit
32 allocations from another government jurisdiction„ or
33 (4) transfer affordable housing ROGO allocations received by the County in
34 exchange for affordable workforce housing building permit early evacuation unit
35 allocations to another government jurisdiction.
36
37 Notwithstanding _Policy 101.3.10(2), affordable workforce early evacuation unit building
101.3.10(2), affordable workforce early evacuation unit building
38 permit allocations may be transferred to another government jurisdiction for Counly-
39 initiated affordable housing projects within incorporated cities, as approved through an
40 interlocal agreement between the sending and receiving_ local ocal governments.
41
42 Policy 101.3.11
43 Monroe County may receive additional building permit allocations pursuant to the 2012
44 completed hurricane evacuation clearance time modeling and allocation
45 recommendations by the State Land Planning Agency and the Administration
46 Commission's direction that the City of Key West\transfer annually (by July 15th) any
47 remaining unused allocations for that year to the other Florida Keys' local governments
12 of 18
5009
I based upon the local governments' ratio of vacant land. Any transferred allocations from
2 the City of Key West to Monroe County shall be made available for Administrative
3 Relief. Monroe County may receive, and award 300 building permit allocations
4 designated as affordable workforce housing early evacuation units pursuant to the
5 Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
6 provided by the Florida Administration Commission and the State Land Planning Agency
7 These early evacuation allocations that are
8 in addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be
9 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
10
11 Policy 101.3.12
12 Affordable Workforce Housing Early Evacuation Initiative. To support Monroe
13 County's workforce by alleviating constraints on affordable housing, to protect private
14 property rights and address potential liability, the County is participating in the
15 Workforce-Affordable Housing Initiative (Workforce Initiative), as approved during the
16 June 13, 2018 meeting of the Florida Administration Commission. Monroe County
17 accepts the 300 affordable workforce housing early evacuation building permit
18 allocations pursuant to the Workforce-Affordable Housing Initiative authorized by the
19 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
20 Land Planning The Workforce-
21 Affordable Housing Initiative will require dwelling units constructed and/or deed
22 restricted with workforce housing early evacuation building permit allocations to
23 evacuate occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane,
24 pursuant to the criteria below.
25
26 To participate in the Workforce Initiative, Monroe County shall be responsible for the
27 management, distribution, and enforcement of requirements associated with the
28 affordable workforce housing early evacuation building permit allocations. Monroe
29 County shall ensure adherence to these requirements through implementation of this
30 policy and shall annually provide to the State Land Planning Agency Flee-id Dee ,t,,,o„f
31 a report indicating the number of affordable workforce housing
32 early evacuation units built and/or deed restricted, occupancy rates, and compliance with
33 the requirement to evacuate the units in Phase I of an evacuation. The annual report shall
34 be provided to the State in a timely manner such that the State may include the
35 information in the required Annual Report to the Go aR'' Gabi*ef Florida
36 Administration Commission on the County's progress toward completion of its Work
37 Program pursuant to Rule 28-20, F.A.C.
38
39 Dwelling units developed and/or deed restricted utilizing the affordable workforce
40 housing early evacuation unit building permit allocations are subject to the following:
41
42 (a) Requests for affordable workforce housing early evacuation unit building permit
43 allocations
44 11064iORS/ lens and require a reservation via BOCC resolution. The BOCC
45 may, at its discretion,place conditions on any reservation as it deems appropriate such
46 as establishing the income categories for allocations _rag nted. The BOGG ,,,,,.,
47
13of18
5010
I
2 .
3
4 rest44ete'a ff-e-abl hetising „its (1.,wftil ff-e-able e*emption )--4 e*iscing
5
6
7 .
9
10
11
12 ^yes
13 .
14
15
17
19 eategefy.
20
21
22 OFdifiafiee (D!1GO) Fes, i 'i v4ded t4ey fneet too iteFi established ;
23 .
24
25 ,
26
27 .
28
29
30
31
33 (sb) All affordable workforce housing early evacuation units require a deed-
34 restriction ensuring:
35 (1) Before any building permit may be issued for any structure,portion or phase of
36 a project subject to the Workforce Initiative, a restrictive covenant shall be
37 approved by the Planning Director and County Attorney and recorded in the
38 Office of the Clerk of the County to ensure compliance with the provision of
39 this section running in favor of the County and enforceable by the County and,
40 if applicable, a participating municipality. The following requirements shall
41 apply to these restrictive covenants:
42 a. The covenants for any workforce housing early evacuation units shall be
43 effective for 99 years.
44 b. The covenants shall not commence running until a certificate of occupancy
45 has been issued by the Building Official for the dwelling unit or dwelling
46 units to which the covenant or covenants apply.
47 c. For existing dwelling units that are deed-restricted as workforce housing
14 of 18
5011
I early evacuation units, the covenants shall commence running upon
2 recordation in the Official Records of Monroe County.
3 (2) The covenants shall require that the workforce housing early evacuation units
4 to be restricted to rental occupancy for those who derive at least 70% of their
5 income as members of the workforce in Monroe County and who meet the
6 affordable housing income categories of the Monroe County Land
7 Development Code. The occupants are required to annually verify their
8 employment and income eligibility.
9 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr
10 evacuation of a pending major hurricane. Persons living in the workforce
11 housing early evacuation units who may be exempted from evacuation
12 requirements are limited to law enforcement, correctional and fire personnel,
13 health care personnel, and public employees with emergency management
14 responsibilities. If there is an occupant that indicates their employment is
15 considered a`first-responder position' and not included in the list of exemptions
16 above, then the Planning Director shall determine, in writing, whether the
17 person may be exempted because of a requirement to remain during an
18 emergency. Any person claiming exemption under this provision shall submit
19 4 an affidavit of qualification and faithfully certify their status with the onsite
20 property management.
21 (4) The covenants shall require rental agreements which contain a separate
22 disclosure requiring rental occupants to acknowledge the existing restrictive
23 covenant on the unit requiring evacuation in Phase 1 of the 48-hr evacuation
24 and that failure to adhere to the Phase 1 evacuation requirement could result in
25 severe penalties, including eviction, to the occupant.
26 (5) The covenants shall require onsite property managers and a separate
27 employment disclosure requiring the maintenance of training in evacuation
28 procedures and an acknowledgement that failure to adhere to the Phase 1
29 evacuation requirement could result in severe penalties, including termination.
30 (dc)Affordable-Wworkforce 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
32 workforce in Monroe County and who meet the affordable housing income categories
33 of the Monroe County Land Development Code. Workforce means individuals or
34 families who are gainfully employed supplying goods and/or services to Monroe
35 County residents or visitors.
36 (ed)Affordable Wworkforce housing early evacuation units shall require onsite
37 property management with property managers trained in evacuation procedures and
38 required to manage the evacuation of tenants in Phase I of an evacuation. During
39 traditional working hours, the property manager must be at an office within the
40 affordable workforce housing early evacuation unit development subject property.
41 Outside the traditional working hours, the property manager must be available at all
42 times to respond to evacuation orders.
43 (€e) The property management entity for the affordable workforce housing early
44 evacuation units shall be required to annually verify the employment and income
45 eligibility of tenants; report the total units on the site,the occupancy rates of units, and
46 tenant compliance with the requirement to evacuate the units in Phase I of an
47 evacuation, including the number of occupants that are exempt from the evacuation
15of18
5012
I requirements. The property management entity must submit a report to the Planning
2 and Environmental Resources Department by May 1 of each year. Further, each lease
3 and this annual report shall be kept by the property manager and be available for
4 inspection by the County during traditional working hours.
5 (gf) Affordable-Wworkforce housing early evacuation units shall be located within an
6 area designated as Tier III.
7 (.4g) Affordable-Wworkforce housing early evacuation units shall not be located in the
8 V-Zone or within a Coastal Barrier Resource System (CBRS).
9 (�h) Affordable -Wworkforce housing early evacuation units shall be located on a
10 property which has all infrastructure available (potable water, adequate wastewater
11 treatment and disposal wastewater meeting adopted LOS,paved roads, etc.).
12 (fii) All affordable workforce housing early evacuation units must demonstrate
13 compliance with all applicable federal standards for accessibility for persons with
14 disabilities (ADA Compliance).
15 (kj) To the greatest extent practicable, a development utilizing affordable workforce
16 housing early evacuation unit building permit allocations shall incorporate sustainable
17 and resilient design principles into the overall site design a-Rd be aeeessible—te
18 empleyment eenter-s in Key West, Steek island and M .
19 (k) To the greatest extent practicable, a development utilizing affordable workforce
20 housing early evacuation unit building�permit allocations shall be located in close
21 proximityto employment centers in Key West, Stock Island and Marathon.
22 (1) For developments owned or operated by a government agency or public housing
23 authority, property management is not required to be located onsite as indicated in
24 Policy 101.3.12, but must be available at all times to respond to evacuation orders.
25
26 ***
27
28 Policy 601.1.8
29 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
30 established by the State of Florida, pursuant to Administration Commission Rules, to
31 affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for
32 this separate allocation must meet the criteria established in the Land Development Code.
33 Monroe County may award 300 additional building permit allocations designated as
34 affordable workforce housing early evacuation units pursuant to the Workforce-
35 Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as provided by the
36 Florida Administration Commission, Chapter 2023-17, Laws of Florida, and the State
37 Land Planning Agency These building
38 ep rmit allocations are in addition to the maximum allocations identified in Rules 28-20,
39 F.A.C., are restricted to rental occupancy for those who derive at least 70% of their
40 income as members of the workforce in Monroe County and who meet the affordable
41 housing income categories of the Monroe County Land Development Code, and shall be
42 required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
43
44
45
46
16 of 18
5013
I Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
2 ambiguities, within this Ordinance or between this Ordinance and the Monroe
3 County Code of Ordinances, Florida Building Code, Monroe County Land
4 Development Code, Monroe County Comprehensive Plan, or any approval, or any
5 decision, or any determination of the Monroe County Board of County
6 Commissioners, Monroe County Planning Commission, Monroe County
7 Development Review Committee, Monroe County Planning & Environmental
8 Resources Department, or other department or office of Monroe County, the more
19 restrictive rule, regulation, law,provision, and text shall always apply.
11 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to
12 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
13 governmental, and any other similar defense, immunity, exemption, or protection
14 against any suit, cause-of-action, demand, or liability.
15
16 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
17 any portion of this Ordinance, or any part or portion thereof, is held to be invalid
18 or unenforceable by any administrative hearing officer or court of competent
19 jurisdiction, the invalidity or unenforceability of such provision, or any part or
20 portion thereof, shall neither limit nor impair the operation, enforceability, or
21 validity of any other provision of this Ordinance, or any remaining part(s) or
22 portion(s)thereof. All other provisions of this Ordinance, and remaining part(s) or
233 portion(s)thereof, shall continue unimpaired in full force and effect.
24
25 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
26 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
27 shall not repeal the repealing clause of such ordinance or revive any ordinance
288 which has been repealed thereby.
29
30 Section 8. Transmittal. This Ordinance shall be transmitted to the State Land Planning
3zAgency pursuant to Chapter 163 and 380, Florida Statutes.
33 Section 9. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the
34 Secretary of State of Florida, but shall not become effective until a notice is issued
35 by the Florida State Land Planning Agency or Administration Commission finding
36 the amendment in compliance with Chapter 163,Florida Statutes, and if challenged
377 until such challenge is resolved.
38
39 Section 10. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
40 in the Monroe County Comprehensive Plan. The numbering of the foregoing
41 amendment may be renumbered to conform to the numbering in the Monroe County
42 43 Comprehensive Plan.
44 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
45 Florida, at a regular meeting held on the 201h day of August, 2025.
46
47 Mayor James K. Scholl, District 3
48 Mayor Pro Tem Michelle Lincoln, District 2
49 Commissioner Craig Cates, District 1
50 Commissioner David Rice, District 4
51 Commissioner Holly Merrill Raschein, District 5
17 of 18
5014
I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 By:
5 Mayor James K. Scholl
6 (SEAL) MON ROE CO. e ArrO,RNEY
TO FORM
8 ATTEST: KEVIN MADOK CLERK °" ...
PETER M
10 ASS0TANT COUNTY AlTORNEY
11 AS DEPUTY CLERK Ot . 8/4/25
18 of 18
5015
2
3 .,,.
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.LC.P.,i C.F.M.,2 Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Cheryl Cioffari, A.LC.P., Assistant Director of Planning
13 Monroe County Planning and Environmental Resources Department
14
15 Date: July 26, 2025
16
17 Subject: An Ordinance, by the Monroe County Board of County Commissioners, Amending the
18 Monroe County Comprehensive Plan's Future Land Use Element and Housing Element
19 to Eliminate the 1-for-1 Exchange for the Remaining Workforce Affordable Housing
20 Early Evacuation Unit Building Permit Allocations3
21
22 Meeting: August 20, 2025
23
24 I. REQUEST
25
26 The Monroe County Planning & Environmental Resources Department is proposing amendments to the
27 Future Land Use Element and the Housing Element of the 2030 Comprehensive Plan, as directed by the
28 BOCC on September 11,2024,to eliminate the 1-for-1 exchange for the remaining workforce affordable
29 housing early evacuation unit building permit allocations.
30
31 II. BACKGROUND INFORMATION
32
33 Section 380.0552,F.S.,the Florida Keys Area protection and designation as area of critical state concern,
34 establishes the intent to "ensure that the population of the Florida Keys can be safely evacuated,"
35 [380.0552(2)(j), F.S.] and requires that amendments to each local government's comprehensive plan to
36 include "goals, objectives, and policies to protect public safety and welfare in the event of a natural
37 disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than
38 24 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study
39 conducted in accordance with a professionally accepted methodology and approved by the state land
40 planning agency" [380.0552(9)(a)2, F.S.].
41
42 In order to accomplish the hurricane evacuation requirements by the State,the County adopted a Permit
43 Allocation System known as the Rate of Growth Ordinance (ROGO).
44
45
i American Institute of Certified Planners(A.I.C.P.)—Certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department File No. 2024-213.
BOCC 08.20.2025 Page 1 of 25
File 2024-213
5016
The purpose of this Amnendmm nt Is to Implement goals, ab'Jocfiv ' and
policies of than Florida Keys' Compr henaivu Plan related to r4ectl6h oi"�:.
residents, visitors and property In the County from n,atu al r iaaq ra,
specifically including hurricanes, by adopting, a DweUlng Unit Allocation
Ordinance limiting annual residential development nt in Monroe County to an.
amount and rater commensurate with the County's ability to maintain a reason,-
able and safe hurricane evacuation clearance tirne, as determined by policy
decision,,; and recently completed studies. The present hurricane evacuation
clearance time, In, Monroe Counter Is Unacceptably high. Based on a continua-
tion of Monroe County'County's historic rate of growth, clearance time will contin-
ue to increase. Therefore, consistent with its responsibility ilit for protecting
the health and safety of its citizens, Monroe County must regulate the rate
of population growth cornmrmensurate with planned increases in evacuation
capacity to prevent further unacceptable increases In hurricane evacuation
clearance tirn+e, Regulation of the rate of growth will also help to prevent
further deterioration of public facility service l+ev is Irreversible !envi-
1 ront ental deg radati mn, and potential land use conflicts,,
2 ROGO Adopted Pursuant to Ordinance No. 016-1992,Adopted June 23, 1992
3
4 The Rate of Growth Ordinance (ROGO) was implemented to provide for the safety of residents in the
5 event of a hurricane evacuation and to protect the significant natural resources of Monroe County, as
6 required by the State of Florida. The County originally reduced the annual permitting rate from
7 approximately 500+ units per year to 255 units per year. Later the State adjusted the annual allocation
8 (see Rule 28-20, F.A.C.) to 197 units per year. Each year's ROGO allocation of 197 new units is split
9 with a minimum of 71 units allocated for affordable housing and market rate allocations cannot exceed
10 126 new residential units per year.
11
12 In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity (DEO)
13 completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth
14 of building permits, the Florida Keys would be at a 24 hour evacuation clearance. Based upon the
15 resulting 24 hour evacuation clearance, DEO determined the remaining allocations for the Florida Keys
16 (3,550 additional permits countywide, 1,970 of these permits would go to Monroe County). In March
17 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the
18 recommendation to allocate 10 years' worth of growth to the Florida Keys.
19
20 Previous Relevant BOCC Action
21 On April 13, 2016, the BOCC adopted the 2030 Comprehensive Plan and Land Development Code,
22 which included a ROGO allocation distribution through the year 2023,based on Rule 28-20.140,F.A.C.,
23 and the Department of Economic Opportunity's completion of the hurricane evacuation clearance time
24 modeling task that found with 10 years' worth of building permits, the Florida Keys would be at a 24
25 hour evacuation clearance time (Phase 2 of the 48-hr phased/staged evacuation).
26
27 On May 2, 2018, Governor Rick Scott issued a press release outlining an initiative to the Florida
28 Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative (Exhibit 1).
29 The proposed initiative would allow 1,300 additional Rate of Growth Ordinance (ROGO) allocations
30 throughout the Florida Keys (ROGOs or Building Permit Allocation Systems) for rental workforce
31 housing, with a condition that the rental occupants evacuate in the early phase (48-hour window) of a
32 hurricane evacuation. Any development receiving the units would be required to sign a rental
33 management agreement indicating they would be required to assure the evacuation of all occupants of
BOCC 08.20.2025 Page 2 of 25
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5017
I the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these
2 units. The press release specifically stated, "To meet the increased demand for workforce housing, the
3 innovative Keys Workforce Housing Initiative will require new construction that participates to commit
4 to evacuating renters in the 48-hour window of evacuation."
5
6 Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the
7 Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting (May
8 15, 2018). At the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss
9 concerns identified with DEO and provide an update to the BOCC at the next meeting.
10
11 On May 16, 2018, the County Attorney provided the BOCC a report on the Governor's proposal for
12 1,300 additional ROGO allocations following her meeting with DEO and state level staff. He advised
13 the Board that they have a cabinet meeting scheduled for June 13,2018 to discuss the allocations further.
14
15 On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns
16 regarding the Workforce Initiative at the meeting with the Cabinet on June 13, 2018.
17
18 On June 13, 2018, the Florida Administration Commission approved the Workforce Housing Initiative.
19 Florida Keys'local governments that choose toparticipate in the initiative willworkwith DEO to amend
20 their respective comprehensive plans to allow for additional building permits for rental workforce
21 housing with the condition of early evacuation.
22
23 DEO provided County staff with preliminary draft language based on the minimum requirements
24 established in the initiative to use as a starting point when drafting proposed language (Exhibit 2).
25 Additionally, DEO issued the graphic below demonstrating the 2012 Hurricane Evacuation model
26 results that indicated there were still 6.5 hours of additional road capacity in Phase I of the hurricane
27 evacuation model.
WARM HE'S,
TKAT MEANS
r
a
IN A 48400 TIMEI
1 0PEN100 THERE is
OF A1811104AL ROAD CAPACP
OF CARMY
IPROPOSAL
'k
inism�c�,wmi RERED
LE
28 -- RMIRSIENNE
BOCC 08.20.2025 Page 3 of 25
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5018
I In support of the Housing Initiative at the June 13, 2018 Cabinet meeting,DEO staffmade apresentation
2 stating that the Phase I evacuation (under the existing staged evacuation plan) can be accomplished in
3 17.5 hours, leaving additional capacity of 6.5 hours in Phase I DEO concluded that the Housing
4 Initiative "will not interfere with the 24-hour evacuation model and satisfies the statutory mandate to
5 provide affordable housing."
6
7 On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item
8 regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting.
9
10 On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the
11 state's initiative that address several concerns raised related to the enforceability of the evacuation
12 provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida
13 Keys Workforce Housing Initiative,which, if implemented,would create a precedent that would require
14 the state to award as many as 10,000 additional units in the future.
15
16 On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3)
17 options for consideration by the BOCC:
18 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through
19 2026;
20 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and
21 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023.
22 The BOCC took no action.
23
24 On January 22, 2020, the BOCC adopted Ord. 005-2020 to extend the remaining market rate ROGOs
25 out for an additional three (3)years from 2023 to 2026.
26
27 On January 22,2020,the BOCC directed staff to prepare an agenda item to discuss and provide direction
28 on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to:
29 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing
30 allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of
31 Economic Opportunity (DEO)required to evacuate in Phase 1 of the Hurricane Evacuation model.
32
33 On February 19, 2020,the BOCC discussed whether to direct staff to process a comprehensive plan and
34 land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of
35 Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2)
36 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)
37 required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the
38 potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the
39 process to accept the 300 workforce housing units.
40
41 On July 15, 2020, during a discussion item on potentially shifting market rate allocations to the
42 affordable housing pool (agenda item I5), the BOCC provided further direction to staff on accepting the
43 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept
44 the 300 workforce housing early evacuation unit buildingpermit allocations to be used in exchange for
45 existing affordable allocations at multifamily developments (for developers that agree to the early
46 evacuation restriction) and the affordable housing allocations returned to the County (returned in the
47 exchange) be set aside and banked for takings cases (bank them within an administrative reliefpool).
48
BOCC 08.20.2025 Page 4 of 25
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5019
I On January 20, 2021, the BOCC adopted Resolution 041-2021 to transmit the proposed amendments to
2 DEO to review the 300 workforce housing early evacuation unit proposal, with a modification to Policy
3 101.3.12 to eliminate the requirement for a development agreement. With the 300 unit amendment being
4 structured as an exchange program, the projects exchanging units have previously completed their
5 development review and multiple hearings for a development agreement seems unnecessary, time
6 consuming and costly. The BOCC and staff can review and approve the exchange through a resolution
7 approving a contract. DEO reviewed the amendment and issued an Objections, Recommendations and
8 Comments (ORC) report, received by the County on March 30, 2021. The ORC report stated, "the
9 Department does not identify any objections or comments to the proposed amendment."
10
11 On April 21, 2021, the BOCC adopted Ordinances 2021-005 and 2021-006 authorizing the acceptance
12 of the 300 early evacuation allocations from the State and to allow said allocations be used in exchange
13 of existing affordable units/ approved affordable allocations. Additionally, the Ordinance includes
14 provisions that allow the returned affordable units /allocations to be banked to resolve potential takings
15 cases.
16
17 At the September 11, 2024 BOCC Meeting, the BOCC approved transmittal to the State Land Planning
18 Agency (Florida Department of Commerce) of an ordinance approving an amendment to the
19 Comprehensive Plan to newly create Goal 113, Object 113.1, and site-specific subarea 1 (Tavernier
20 Workforce Housing Subarea 1), applicable to a portion of property located at 92501 Overseas Highway
21 which included text changes to the adopted policies of Monroe County's Comprehensive Plan, which
22 limit disposition of early evacuation unit allocations to a 1-for-1 exchange program for banking into the
23 County's administrative relief pool for takings and Bert Harris Act liability reduction countywide.
24
25 At the September 11, 2024 BOCC meeting, the BOCC additionally directed Planning & Environmental
26 Resources Department professional staff to begin processing Comprehensive Plan and Land
27 Development Code text amendments to eliminate the 1-for-1 takings and Bert Harris Act liability
28 reduction exchange requirement for the remaining early evacuation unit building permit allocations.
29
30 At the December 11, 2024 BOCC Meeting, the BOCC adopted Ordinance 030-2024 which created a
31 site-specific subarea within Tavernier that allows the allocation of up to 86 early evacuation unit building
32 permit allocations on one site in Tavernier without the 1-for-1 takings and Bert Harris Act liability
33 reduction exchange required by the current Comprehensive Plan and Land Development Code.
34
35 Community Meeting and Public Participation
36 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
37 Land Development Code text amendments was held on December 12, 2024 via Zoom Webinar and
38 provided for public input. There were two (2) members of the public in attendance. The concerns
39 identified included enforcement of the on-site management requirement; a question if there would be a
40 prohibition for affordable units within the Coastal A zone similar to that of the prohibitions for affordable
41 units within the V-zone areas; and if the limitation of transfers between the County and municipalities
42 (and vice versa) would remain.
43
44 Development Review Committee Meeting and Public Input
45 On February 18, 2025,the DRC considered the proposed amendment and provided for public input. On
46 February 18, 2026, the Chait of the DRC signed Resolution No. DRC 04-25, recommending approval
47 of the proposed text amendment to the Comprehensive Plan.
48
49
BOCC 08.20.2025 Page 5 of 25
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5020
I Planning Commission Meeting and Public Input
2 On March 26, 2025,the Planning Commission considered the proposed amendment,provided for public
3 input and recommended approval of the proposed text amendment through Resolution No. P11-25.
4
5 Previous Relevant BOCC Action:
6 On April 16, 2025, at a regularly scheduled meeting, the BOCC held a public hearing to consider the
7 transmittal of the proposed text amendment, considered the staff report, and provided for public
8 comment and public participation in accordance with the requirements of state law and the procedures
9 adoption for public participation in the planning process. The BOCC adopted Resolution 168-2025
10 transmitting the proposed amendment to the State Land Planning Agency (DEO) for review and
11 comment.
12
13 Following their review of the proposed amendment, DEO issued an Objections, Recommendations and
14 Comments (ORC) report on June 27, 2025 (attached). The ORC report did not identify any objections,
15 recommendations or comments. The County has 180 days from the date of receipt of the ORC to adopt
16 the proposed amendment, adopt the amendment with changes or not adopt the amendment.
17
18 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
19
Proposed Amendment: deletions are shown in Fe(l 4F� Iie flIF HLdi; additions are shown in recl
20
21 Objective 101.2
22 As mandated by the State of Florida,pursuantto Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
23 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
24 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
25 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
26 County and all the municipalities and the State agencies.
27
28 Policy 101.2.1
29 Monroe County shall maintain a memorandum of understanding with the State Land Planning
30 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
31 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
32 variables and assumptions, including regional considerations, for utilizing the Florida Division
33 of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations
34 ("TIME") Model to accurately depict evacuation clearance times for the population of the
35 Florida Keys.
36
37 Policy 101.2.2
38 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency
39 and Division of Emergency Management to update the variables and assumptions for the
40 evacuation clearance time modeling and analyses of the build-out capacity of the Florida Keys
41 Area of Critical State Concern based upon the release of the decennial Census data. Pursuant
42 to the 2012 eoff+p4tted hurricane evacuation clearance time modeling by the State Land
43 Planning Agency,which incorporates the 2010 Census data, the County may allocate 10 years'
44 worth of growth(197 x 10= 1,970 allocations, 197 annual ROGO rate based on Rule 28-20.140,
45 F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours.
46 The County adopted a slower rate of annual allocations for market rate development to extend
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5021
I the allocation timeframe to 2026 without exceeding the total of 1,970 allocations (see Policy
2 101.3.2). The County shall reevaluate the annual ROGO allocation rate based on: 1) statutory
3 changes for hurricane evacuation clearance time requirement standards; 2) new hurricane
4 evacuation modeling by the State Land Planning Agency and Division of Emergency
5 Management; and 3) a new or revised memorandum of understanding with the State Land
6 Planning Agency,Division of Emergency Management,Marathon,Islamorada,Key West,Key
7 Colony Beach and Layton (see Policy 101.2.1).
8
9 Notwithstanding the foregoing and pursuant to Policies 101.3.2, 101.3.3 and 101.3.12, Monroe
10 Countycategoryshall is a new allocation to accept award 300d orcl N workforce
11 housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable
12 Housing Initiative (Policy 101.3.12 Workforce Initiative). These allocations are in addition to
13 the maximum allocations identified in Rules 28-20, F.A.C., and shall be required to evacuate
14 in Phase 1 of the 48-hr evacuation of a pending major hurricane.
15
16 Policy 101.2.3
17 The County will consider capital improvements based upon the need for improved hurricane
18 evacuation clearance times, including potential impacts from sea level rise to the County's
19 evacuation route. The County will coordinate with the FDOT,the state agency which maintains
20 U.S.1, to ensure transportation projects that maintain and improve clearance times are
21 prioritized.
22
23 Policy 101.2.4
24 In the event of a pending major hurricane(Category 35)Monroe County shall implement the
25 following staged/phased evacuation procedures to achieve and maintain an overall 24-hour
26 hurricane evacuation clearance time for the resident population.
27 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-
28 residents,visitors,recreational vehicles (RVs),travel trailers,live-aboard vessels (transient
29 and non-transient), military personnel, units approved and deed restricted as ffd"orcl�iNc
30 workforce housing early evacuation units from the Florida Keys shall be initiated. State
31 parks and campgrounds should be closed at this time or sooner and entry into the Florida
32 Keys by non-residents should be strictly limited.
33 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of
34 mobile home residents, special needs residents, and hospital and nursing home patients
35 from the Keys shall be initiated.
36 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation
37 of permanent residents by evacuation zone (described below) shall be initiated. Existing
38 evacuation zones are as follows:
39 a) Zone 1 - Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6)
40 b) Zone 2 - Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40)
41 c) Zone 3 - West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63)
42 d) Zone 4 - West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-
43 106.5 and MM 1-9.5 of CR 905)
44 e) Zone 5 - 905A to, and including Ocean Reef(MM 106.5-126.5)
45
46 The actual sequence of the evacuation by zones will vary depending on the individual storm.
47 The concepts embodied in th.k these staged evacuation procedures should be embodied in the
48 appropriate County operational Emergency Management Plans.
49
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5022
I The evacuation plan shall be monitored and updated on an annual basis to reflect increases,
2 decreases and or shifts in population;particularly the resident and non-resident populations.
3
4 For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of
5 allocations to more than 197 residential units a year, except for affordable housing. Any
6 increase in the number of allocations shall be for affordable housing. Monroe County hereby
7 accepts 300 ffp°orcl�iNc workforce (.,�41,O t:�,.�b� e.) housing early evacuation unit building permit
8 allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
9 Workforce Initiative)authorized by the Florida Administration Commission y'y �„p ��2023 1 y..,
10 L iws of ...Ho i(��pp:., and the Svite, L iticl ...11V,Mul�.ti u c .....FVoF� 1�1 DepiFtffi u 1 ceo )fflie
11 These c ldy �y lcmmog allocations are in addition to the maximum allocations
12 identified in Rules 28-20, F.A.C., iticl shall be restricted to rental occupancy for those who
13 derive at least 70% of their income as members of the workforce in Monroe County and who
14 meet the affordable housing income categories of the Monroe County Land Development Code.
15 The c ldy �c cicl�(�„otl allocations shall be required to evacuate in Phase 1 of the 48-hr evacuation
16 cis p:rovc lccl uti p:)o cy 1(9 L24 ° ° °° No new additional residential
17 dwelling unit allocations shall be authorized within the Phase 1 of the 48-hr evacuation unless
�u�uu�g 18 approved and provided y the Florida Administration Commission and the Svite Litic
19 A ggycy Pepllqffie � keo tl.e: il�c after review of hurricane evacuation
20 modeling results by the State Land Planning Agency and the Division of Emergency
21 Management of available evacuation capacity and a review of the level of service and available
22 capacity for all public facilities.
23
24 Objective 101.3
25 Monroe County shall regulate new residential development based upon the finite carrying capacity
26 of the natural and man-made systems and the growth capacity while maintaining a maximum
27 hurricane evacuation clearance time of 24 hours.
28
29 Policy 101.3.1
30 Monroe County shall maintain a Permit Allocation System for new residential development
31 known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation
32 System shall limit the number of permits issued for new residential dwelling units. The ROGO
33 allocation system shall apply within the unincorporated area of the county, excluding areas
34 within the county mainland and within the Ocean Reef planned development (Future
35 development in the Ocean Reef planned development is based upon the December 2010 Ocean
36 Reef Club Vested Development Rights Letter recognized and issued by the Department of
37 Community Affairs). New residential dwelling units included in the ROGO allocation system
38 include the following: affordable housing units; market rate dwelling units; mobile homes;
39 institutional residential units (except hospital rooms) and ffp"p�,�rcl iN workforce housing early
40 evacuation units.
41
42 Vessels are expressly excluded from the allocation system, as the vessels do not occupy a
43 distinct location, and therefore cannot be accounted for in the County's hurricane evacuation
44 model. Under no circumstances shall a vessel, including live-aboard vessels, or associated wet
45 slips be transferred upland or converted to a dwelling unit of any other type. Vessels or
46 associated wet slips are not considered ROGO allocation awards, and may not be used as the
47 basis for any type of ROGO exemption or THE(Transfer of ROGO Exemption).
48
sOCC 08.20.2025 Page 8 of 25
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5023
I ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units;
2 and seasonal residential units are subject to Policy 101.3.5.
3
4 For purposes of this Policy, the redevelopment or replacement of any lawfully established unit
5 within the Venture out community, which is located in the Lower Keys at MM23 on Cudjoe
6 Key, that does not increase the number of units, above that which existed on or before January
7 4, 1996, shall be exempt from the permit allocation (ROGO) system. Policies 101.3.5 and
8 101.6.8 shall not apply to Venture Out, and the units within Venture Out may be developed as
9 either detached dwelling, mobile home or recreational vehicle use through the approval of a
10 building permit,provided the following are met:
11 1. To not increase the hurricane evacuation clearance time of permanent residents, in
12 the event of a pending major hurricane (Category 35), a mandatory evacuation
13 of all occupants of units within Venture Out, regardless of unit type, is required at
14 least 48 hours in advance of tropical storm winds. Approximately 48 hours in
15 advance of tropical storm winds, a mandatory evacuation of occupants residing in
16 a permanent unit shall be initiated and a mandatory evacuation of both the
17 occupants of recreational vehicles (RVs) and the RVs shall be initiated;
18 2.Notwithstanding the provisions of Policy 101.5.5,the interchangeability of detached
19 dwelling (permanent), mobile home (permanent) and recreational vehicles
20 (transient) uses may occur only within the gated Venture Out community with a
21 managing entity responsible for evacuation;
22 3. Recreational Vehicle occupancies or tenancies of six (6) months or more is
23 prohibited;
24 4. Recreational Vehicles must meet all land development regulations, floodplain
25 management regulations and any building code requirements for recreational
26 vehicles;
27 5. A recreational vehicle must have current licenses required for highway travel, be
28 attached to the site only by the quick disconnect-type utilities, and no permanent
29 additions such as sun rooms or state rooms shall be permitted;
30 6. Notwithstanding the transfer provisions within Policy 101.6.8, no unit, regardless
31 of use type, within the Venture Out community may be transferred to another site
32 outside of the Venture Out community; and
33 7. In no case shall recreational vehicles (transient units)be developed as a hotel/motel.
34
35 Policy 101.3.2
36 The number of permits issued for residential dwelling units under the Rate of Growth
37 Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13,2013
38 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO
39 year and 300 ffforcl�iWc workforce housing early evacuation unit building permit allocations
40 authorized by the Florida Administration Commission, 0i,11,21�L 2021 1.2, LIws o,
Hors(11...and
� vite Lgicl I V�����du s) � fz:(���kfl��. DetXl�����afie i ������������ ��c ����i��)[)o��u��.����1��,: A ROGO year
41 te .
42 means the twelve-month period beginning on July 13. Market rate allocations shall not to
43 exceed 126 residential units per year. Unused allocations for market rate shall be available for
44 Administrative Relief.
45
46 In 2012, pursuant to Rue 28-20.140, F.A.C., the SviteLuic
47 6eotlo�ili completed the hurricane evacuation clearance time modeling task and
48 found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour
49 evacuation clearance time. This creates challenges for State of Florida and Monroe County as
BOCC 08.20.2025 Page 9 of 25
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5024
I there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA);
2 3,301 Tier III, and 235 No tier(ORCA, etc.)] and with 1,970 new allocations this may result in
3 a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future.
4 In recognition of the possibility that the inventory of vacant parcels exceeds the total number
5 of allocations which the State will allow the County to award,the County adopted a slower rate
6 of annual allocations for market rate development to extend the allocation timeframe to 2026
7 and is accepting 300 ffforcl�iNc workforce ;° ° 4 - housing early evacuation unit building
8 permit allocations pursuant to the Workforce-Affordable Housing Initiative (Policy 101.3.12
9 Workforce Initiative)authorized by the Florida Administration Commission. ' r 207w...1. 7.
10 Li :s od ...Horu(�.,i:., and the Svite ..Lincl ...11V,Inn... g
11 These ffforcliNc workforce housing early evacuation allocations that are in
12 addition to the maximum building permit allocations identified in Rules 28-20, F.A.C. The
13 County will consider adopting an extended timeframe for distribution of the ROGO allocations
14 through 2033 with committed financial support from its State and Federal partners. This
15 timeframe can provide a safety net to the County and provide additional time to implement land
16 acquisition and other strategies to reduce the demand for ROGO allocations and help transition
17 land into public ownership.
18
19 The County is actively engaged in acquisitions and is requesting its State and Federal partners
20 for assistance with implementing land acquisitions in Monroe County. The County will allocate
21 the 1,970 new dwelling unit allocations through July 12, 2026. If substantial financial support
22 is provided by July 12, 2023, the County will reevaluate the ROGO distribution allocation
23 schedule and consider an extended timeframe for the distribution of market rate allocations
24 (through a comprehensive plan amendment). Further, the State and County shall develop a
25 mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr.
26 Private Property Rights Protection Act cases, with the State having an active role both directly
27 and financially in the defense of such cases.
28
29 The County shall distribute ROGO allocations by ROGO year, as provided in the table below.
30
Annual Allocation
ROGO Year ! ii(111,� d a„[1„"I;,, „Workforce
Market Rate Affordable Housing �� lip
� ui'rc S [° arI
u,
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 126 568 total AFH
July 13, 2019—July 12, 2020 126 (total available
immediately)
July 13, 2020—July 12, 2021 64
July 13, 2021—July 12, 2022 64
300**
July 13, 2022—July 12, 2023 64
BOCC 08.20.2025 Page 10 of 25
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5025
July 13, 2023—July 12, 2024 62
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.
worl d"orcc housing early evacuation unit bi:JH(Jugg, pgrqdt allocations shall be available
countywide(unincorporated county)wufli tti..fyc Up �c� �: cl Lower K y� �!jh „re l and distributed on afirst-
tY ( � tY) � d
come first-serve basis. Requests for dwelling units developed and/or deed-restricted utilizing the
���� dc�,�dd���bd;fl,ilk�dy„ workforce housing early evacuation unit ��uV�flu�.... allocations are subject to the
1 provisions of Policy 101.3.12.
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.
g g p d"orcl i.lk e workforce housing early
11 Affordable housing eligible i e or this separate allocation an ��d...
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 or I,l°d°orcl lb e 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 III-A Special Protection Area as set forth in Policy
17 205.1.1.
18 Notwithstanding the foregoing, and notwithstanding Policy 101.6.2. affordable housing ROGO
19 allocations may be awarded to Tier I or Tier III-A properties which meet all of the following
20 criteria:
21 1. The property contains an existing market rate dwelling unit that meets the criteria in LDC
22 Section 138-22(a) and is determined to be exempt from ROGO;
23 2. The proposed replacement affordable dwelling unit meets current Florida Building Code and
24 is not a mobile home;
25 3. The proposed replacement dwelling unit shall be deed restricted for a period of at least 99
26 years as affordable housing pursuant to the standards of the Land Development Code; and
27 4. The proposed site plan for the replacement affordable dwelling unit does not propose any
28 additional clearing of habitat.
29
30 Policy 101.3.4
31 The Permit Allocation System (or Rate of Growth Ordinance)for new residential development
32 shall specify procedures for:
g � � �c iflo i for new residential units to be issued
33 1. establishing the annual number o � �����.��i� �� d..
34 during the next ROGO year based upon, but not limited to the following:
35 a. expired allocations and building permits in previous year;
36 b. allocations available, but not allocated in previous year;
BOCC 08.20.2025 Page 11 of 25
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5026
I c. number of allocations borrowed from future quarters;
2 d. vested allocations;
3 e. modifications required or provided by Administration Commission Rules;
4 f. modifications required or provided by this plan or agreement pursuant to Chapter 380,
5 Florida Statutes; and
6 g. receipt or transfer of affordable housing allocations by intergovernmental agreement;
7 and
8 h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance
9 Time Memorandum of Understanding.
10 2. allocation of affordable housing, fdforcl�iWc workforce housing early evacuation units
11 biJk.u!16)- pera ut cffloc iflotic....and market rate housing units in accordance with Policies
12 101.3.2 and 101.3.3; and
13 3.timing of the acceptance of applications, evaluation and scoring of applications, and issuance
14 of permits for new residential development during the calendar year.
15
16 Policy 101.3.5
17 Due to the limited number of allocations and the State's requirement that the County maintain
18 a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit
19 new transient residential allocations for hotel or motel rooms, campground spaces, or spaces
20 for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient units
21 shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
22 a ROGO exemption.
23
24 Policy 101.3.6
25 All public and institutional uses (except hospital rooms)that predominately serve the County's
26 non-transient population and which house temporary residents shall be subject to the Permit
27 Allocation System for residential development, except upon factual demonstration that such
28 transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation
29 clearance time of Monroe County.
30
31
32
33 Policy 101.3.9
34 For those ROGO applications and properties which have not received a ROGO award for four
35 consecutive years and have applied for administrative relief, which are designated Tier I, II, or
36 IIIA,the County or the State shall offer to purchase the property if funding for such is available.
37 Refusal of the purchase offer shall not be grounds for granting a ROGO award.
38
39 Policy 101.3.10
40 Notwithstanding any other provision of the Plan, except the last sentence of this Policy
41 101.3.10, building allocations utilized for affordable housing projects may be pooled and
42 transferred between ROGO sub-areas, excluding the Big Pine/No Name Keys ROGO subarea,
43 and between local government jurisdictions within the Florida Keys Area of Critical State
44 Concern (ACSC). Any such transfer of affordable housing allocations between local
45 government jurisdictions must be accomplished through an interlocal agreement between the
46 sending and receiving local governments. Interlocal agreements that involve assigning the
47 County's affordable housing (not including affordable housing allocations banked for takings
48 cases) allocations to existing dwelling units within a municipality with a requirement that the
49 associated market rate ROGOBPAS exemptions be transferred into the unincorporated County
BOCC 08.20.2025 Page 12 of 25
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5027
I as an exchange for the affordable housing allocations transferred to the municipality, shall be
2 accomplished through a minor conditional use permit approval and shall be subject to the
3 receiver site criteria in Policy 101.6.8 and may be transferred to any subarea within the
4 unincorporated County.
5
6 In no event shall the County,,
7 (1) pool and transfer ffd°orcl�iNc workforce housing early evacuation unit gi�J: (V alg..wmd!
8 allocations between ROGO sub-areas,
9 (2) transfer i„I'forcl ib c workforce housing early evacuation unit bi:Ju (Jutig pg�qdt allocations
10 to another government jurisdiction,
11 (3) receive ffd"orcl�iNc workforce housing early evacuation unit btJklutig �c�allocations
12 from another government jurisdiction„ or
13 (4) transfer affordable housing ROGO allocations received by the County in exchange for
14 c workforce housing ....12cLa 1!t early evacuation unit allocations to
15 another government jurisdiction.
16
17 Nou1h1a uu .g. �uc.y ll�Dll...� .11�D( �, �dd�.�� � ��� d���cc....
i 18 Pc11-11ut .ffl.ocatuog "LlV:.gc 1!-.1rricdcrred to �1gother..UYcMn]c11!..ja!J (:Utuoti..for
19 allbrdaNe hoaiurrig pr(j ccl uljti uticor lu
l g ....°M o
20 1112Ecai�c!I!h� \ccll is scnclfl tug 'ItIcl �rrcccMtig
21 � � ���
22 Policy 101.3.11
23 Monroe County may receive additional building permit allocations pursuant to the 2012
24 completed hurricane evacuation clearance time modeling and allocation recommendations by
25 the State Land Planning Agency and the Administration Commission's direction that the City
26 of Key West\transfer annually (by July 15th) any remaining unused allocations for that year
27 to the other Florida Keys' local governments based upon the local governments' ratio of vacant
28 land. Any transferred allocations from the City of Key West to Monroe County shall be made
29 available for Administrative Relief. Monroe County may receive, and award 300 building
30 permit allocations designated as �orcl�iNc workforce housing early evacuation units pursuant
��dd....
31 to the Workforce-Affordable Housing Initiative (Policy 101.3.12 Workforce Initiative) as
�. .�.�....P:. .g. .g.l. :
32 provided y the Florida Administration Commission an the i�i,�;c Liuic �� ug9 �.g....:
33 4rrk . These fl gycici�cmoti allocations that are in
34 addition to the maximum allocations identified in Rules 28-20, F.A.C., and shall be required to
35 evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
36
37 Policy 101.3.12
sing 1.a l E Initiative. To support Monroe County's
39 workforce by alleviating constraints on affordable housing, to protect private property rights
40 and address potential liability,the County is participating in the Workforce-Affordable Housing
41 Initiative (Workforce Initiative), as approved during the June 13, 2018 meeting of the Florida
County p workforce housing
42 Administration Commission. Monroe Coun accepts e 300 :rrciN��d d�
43 early evacuation building permit allocations pursuant to the Workforce-Affordable Housing
YI.
45 44 Initiative authorized the FloridaF on a Administration Commission, �, c��p�icarr 7GD�� 1."7, ����� ��
, and ulic Stite L m(] N U1tJt1.g Ag—g2cy Fk�)f4i'l DcpfftffiLl t keo�tle ill c The
46 Workforce-Affordable Housing Initiative will require dwelling units constructed and/or deed
47 restricted with workforce housing early evacuation building permit allocations to evacuate
48 occupants in Phase 1 of the 48-hr evacuation of a pending major hurricane, pursuant to the
49 criteria below.
BOCC 08.20.2025 Page 13 of 25
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5028
I To participate in the Workforce Initiative, Monroe County shall be responsible for the
2 management, distribution, and enforcement of requirements associated with the ffforcl iN:c
3 workforce housing early evacuation building permit allocations. Monroe County shall ensure
4 adherence to these requirements through implementation of this policy and shall annually
5 provide to the u p i wte L iwwifl N imiiwig ggeu eV:. i�iiww;'�l��w el�wiwiuwuienu keo tlO�il� 0[,)��������tw�ulit�� areport
�w..
w iiq V.,�". ..
6 indicating t o number o �w l l����„
workforce housing early evacuation units built and/or deed
7 restricted, occupancy rates, and compliance with the requirement to evacuate the units in Phase
8 I of an evacuation. The annual report shall be provided to the State in a timely manner such that
9 the State may include the information in the required Annual Report to the Gw,eHiof: itiel
10 -°. . �, H.:.oiui �w.:Aw aiiliucfinwfii.lwui Coamiissioti on the County's progress toward completion of
11 its Work Program pursuant to Rule 28-20, F.A.C.
12
13 Dwelling units developed and/or deed restricted utilizing the wwl"l"orclwINC workforce housing
y iwuViflaw�.g l�l��!�u it allocations are subject to the following:
14 earl evacuation unit lk�
15
16 a Requests for ffdoii �wN,c workforce housing early evacuation unit bwJ,
17 allocations 14iMl eifl.y lyyf... GI lyyf 14 '1114w4,1bl..e.
18 iwwiwl require a reservation via BOCC resolution. The BOCC may, at
19 its discretion,place conditions on any reservation as it deems appropriate siwe c is csmN. is cuwlg
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BOCC 08.20.2025 Page 14 of 25
File 2024-213
5029
I
2 WO414ee 414i�1,6vc 1.s 12O�iey
3 ( b All �d) "d"orcliNc workforce housing early evacuation units require a deed-restriction
4 ensuring:
5 (1) Before any building permit may be issued for any structure, portion or phase of a
6 project subject to the Workforce Initiative, a restrictive covenant shall be approved
7 by the Planning Director and County Attorney and recorded in the Office of the Clerk
8 of the County to ensure compliance with the provision of this section running in favor
9 of the County and enforceable by the County and, if applicable, a participating
10 municipality. The following requirements shall apply to these restrictive covenants:
11 a. The covenants for any workforce housing early evacuation units shall be effective
12 for 99 years.
13 b. The covenants shall not commence running until a certificate of occupancy has
14 been issued by the Building Official for the dwelling unit or dwelling units to
15 which the covenant or covenants apply.
16 c. For existing dwelling units that are deed-restricted as workforce housing early
17 evacuation units, the covenants shall commence running upon recordation in the
18 Official Records of Monroe County.
19 (2) The covenants shall require that the workforce housing early evacuation units to be
20 restricted to rental occupancy for those who derive at least 70% of their income as
21 members of the workforce in Monroe County and who meet the affordable housing
22 income categories of the Monroe County Land Development Code. The occupants
23 are required to annually verify their employment and income eligibility.
24 (3) The covenants shall require occupants to evacuate in Phase 1 of the 48-hr evacuation
25 of a pending major hurricane. Persons living in the workforce housing early
26 evacuation units who may be exempted from evacuation requirements are limited to
27 law enforcement, correctional and fire personnel, health care personnel, and public
28 employees with emergency management responsibilities. If there is an occupant that
29 indicates their employment is considered a`first-responder position' and not included
30 in the list of exemptions above,then the Planning Director shall determine,in writing,
31 whether the person may be exempted because of a requirement to remain during an
32 emergency. Any person claiming exemption under this provision shall submit of an
33 affidavit of qualification and faithfully certify their status with the onsite property
34 management.
35 (4) The covenants shall require rental agreements which contain a separate disclosure
36 requiring rental occupants to acknowledge the existing restrictive covenant on the
37 unit requiring evacuation in Phase 1 of the 48-hr evacuation and that failure to adhere
38 to the Phase 1 evacuation requirement could result in severe penalties, including
39 eviction, to the occupant.
40 (5) The covenants shall require onsite property managers and a separate employment
41 disclosure requiring the maintenance of training in evacuation procedures and an
42 acknowledgement that failure to adhere to the Phase 1 evacuation requirement could
43 result in severe penalties, including termination.
44 (40 lidlorc....d...dc L orkforce housing early evacuation units shall be restricted to rental
�..........
45 occupancy for those who derive at least 70% of their income as members of the workforce
46 in Monroe County and who meet the affordable housing income categories of the Monroe
47 County Land Development Code.Workforce means individuals or families who are gainfully
48 employed supplying goods and/or services to Monroe County residents or visitors.
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Ve Workforce housing early evacuation units shall require onsite property
2 management with property managers trained in evacuation procedures and required to
3 manage the evacuation of tenants in Phase I of an evacuation. During traditional working
property g r c lW e workforce housing
4 ours, themanager er must be an office within the ��d d�;
5 early evacuation unit development subject property. Outside the traditional working hours,
6 the property manager must be available at all times to respond to evacuation orders.
7 (1e) The property management entity for the ffd"orcl�iWe workforce housing early evacuation
8 units shall be required to annually verify the employment and income eligibility of tenants;
9 report the total units on the site,the occupancy rates of units, and tenant compliance with the
10 requirement to evacuate the units in Phase I of an evacuation, including the number of
11 occupants that are exempt from the evacuation requirements. The property management
12 entity must submit a report to the Planning and Environmental Resources Department by
13 May 1 of each year. Further, each lease and this annual report shall be kept by the property
14 manager and be available for inspection by the County during traditional working hours.
15 ) c " w oorkforce housing early evacuation units shall be located within an area
16 designated as Tier III.
17 Q t ( AfforcliWe Wworkforce housing early evacuation units shall not be located in the V-
18 Zone or within a Coastal Barrier Resource System (CBRS).
19 (H e W „orkforce housing early evacuation units shall be located on a property
20 which has all infrastructure available (potable water, adequate wastewater treatment and
21 disposal wastewater meeting adopted LOS,paved roads, etc.).
22 (J ) All ffforcliWe workforce housing early evacuation units must demonstrate compliance
23 with all applicable federal standards for accessibility for persons with disabilities (ADA
24 Compliance).
25 (Iij) To the greatest extent practicable, a development utilizing ffforcliWe workforce housing
26 early evacuation unit u u V L1„�uig p„ allocations shall incorporate sustainable and resilient
27 design principles into the ov
erall site design itiel be i�ccc IM4Vc�() ffiq)Voy:.�ulu ec4efM,
29 O TQ to Eg"test eaten pr'I fiugi,.. c. I ������V��i�a���u�fi:..��fiuVu�.u��g �d°d°orcl�iWe world°orce Wuse 'gg
30 e ifly cYcicuclt: ti uu��t biJV„d�d tlg) �d'd. �ru a ...dfoc�i,fl,otis cVose... to
31 .. a girl M �� l ldld;�g
ca��d�V���a��c��c�u�fic������ Key 'cc�..xfi��cd��.dcV������.
32 4.d.( �Q Ll�y QJ') a cu t ....��wuic ��� ��p L Itc �d.. V � TMd cc� do I.g�u
33 d :��d c�GV:.ac � � dgcac cx uc us ! EggiJbc(fl to be Vogitecl otisutc �is...ugclfl gitecl uti 11oHc.)/ 01 3: 2. but
34 amct be:...ic�flbdNc ifi �ffl imi..c to respSruI�;l..fiQ cycdcuifiuo.pi orcfle..s..
35
36 GOAL 601
37 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
38 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population
39 based on type, tenure characteristics, unit size and individual preferences.
40
41 Objective 601.1
42 To ensure that affordable housing opportunities are available throughout the entire community and
43 to maintain a balanced and sustainable local economy and the provision of essential services,Monroe
44 County shall implement the following defined policies to reduce estimated affordable housing need
45 for its workforce and households in the very low, low, median and moderate income classifications.
46 [F.S. § 163.3177(6)(f)l.]
47
48
49
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I Policy 601.1.1
2 Monroe County shall maintain land development regulations, in conjunction with the Permit
3 Allocation System, for apportioning future affordable housing development.
4
5 Policy 601.1.2
6 Monroe County shall continue its participation in Federal and State housing assistance
7 programs to rehabilitate owner and rental housing for very low, low, median, and moderate
8 income residents by seeking grants, loans, and technical assistance in conjunction with the
9 Monroe County Housing Authority. Monroe County shall also participate, as appropriate, in
10 FEMA Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA)
11 Program and Community Development Block Grant - Disaster Recovery (CDBG-DR) grant
12 programs to supportthe completion of flood mitigation projects, such as the elevation of homes
13 above base flood level to reduce the risk of future flood damage. [F.S. § 163.3177(6)(f)3.]
14
15 Policy 601.1.3
16 The Monroe County Land Authority shall maintain a list of buildable properties owned or
17 targeted for acquisition by the Land Authority which potentially could be donated or made
18 available for affordable housing. This list will be updated annually and made available to the
19 public. The guidelines established in Policies 601.1.10 and 601.1.11 shall be considered in the
20 formulation of this list.
21
22 Policy 601.1.4
23 All affordable housing projects which receive development benefits from Monroe County,
24 including but not limited to ROGO allocation award(s) reserved for affordable housing,
25 maximum net density, or donations of land, shall be required to maintain the project as
26 affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified
27 in the Land Development Code, and administered by Monroe County or the Monroe County
28 Housing Authority.
29
30 Policy 601.1.5
31 If Monroe County funding or County-donated land is to be used for any affordable housing
32 project, alternative sites shall be assessed according to the following guidelines:
33 1. The location of endangered species habitat. Sites within known, probable, or potentially
34 suitable threatened or endangered species habitat shall be avoided.
35 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity shall be
36 determined according to the ranking specified in the Environmental Design Criteria
37 section of the Land Development Code. Disturbed sites shall be selected, unless no
38 feasible alternative is available.
39 3. Sites located within V-Zones, on offshore islands, or within CBRS units shall be avoided.
40 4. The level of service provided in the vicinity for all public facilities. Areas which are at or
41 near capacity for one or more public facility should be avoided.
42 5. Proximity to employment and retail centers. Sites within five miles of employment and
43 retail centers shall be preferred.
44
45 Policy 601.1.6
46 Monroe County shall identify funding sources that could be made available to support
47 community-based non-profit organizations such as Habitat for Humanity in their efforts to
48 provide adequate affordable housing.
49
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I Policy 601.1.7
2 Monroe County shall continue to participate in the State Housing Incentives Partnership
3 program as specified in the 1992 William Sadowski Affordable Housing Act. Monroe County
4 shall also continue to maintain a Local Housing Assistance Plan and Affordable Housing
5 Incentive Strategies as specified in the Act and recommended by the Monroe County
6 Affordable Housing Advisory Committee.
7
8 Policy 601.1.8
9 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be
10 established by the State of Florida,pursuant to Administration Commission Rules,to affordable
11 housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate
12 allocation must meet the criteria established in the Land Development Code. Monroe County
13 may award 300 additional building permit allocations designated as dforcl�iNc workforce
14 housing early evacuation units pursuant to the Workforce-Affordable Housing Initiative(Policy
15 101.3.12 Workforce Initiative)as provided the Florida Administration Commission. '� l� i„ �„
p Y ..
16 2023, �"7, Llws o. ( ,1 and the Svite Luicl N,1,mJu1g-...
17 Op[,.)eHiffi4y. These bl�,;(fl'!Ig pg�giq allocations are in addition to the maximum allocations
18 identified in Rules 28-20, F.A.C., are restricted to rental occupancy for those who derive at
19 least 70% of their income as members of the workforce in Monroe County and who meet the
20 affordable housing income categories of the Monroe County Land Development Code, and
21 shall be required to evacuate in Phase 1 of the 48-hr evacuation of a pending major hurricane.
22
23 IV. ANALYSIS OF PROPOSED AMENDMENT
24
25 The proposed amendment would provide new opportunities for the utilization of the County's remaining
26 early evacuation unit building permit allocations by removing the requirement to exchange existing
27 affordable allocations / units. This modification will result in the potential development of new
28 workforce affordable units with various income limits which continue to be an identified need for the
29 community. While this will result in the reduction of additional allocations potentially banked to resolve
30 takings claims, it will allow for the potential development of new code compliant housing.
31
32 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
33 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
34
35 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
36 County 2030 Comprehensive Plan. Specifically,it furthers:
37
38 GOAL 101
39 Monroe County shall manage future growth to enhance the quality of life,ensure the safety of County
40 residents and visitors, and protect valuable natural resources.
41
42 Objective 101.2
43 As mandated by the State of Florida,pursuantto Section 380.0552,F.S. and Rule 28-20.140,F.A.C.,
44 and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum
45 hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning
46 Agency relative to the 2012 Memorandum of Understanding that has been adopted between the
47 County and all the municipalities and the State agencies.
48
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I Policy 101.2.1
2 Monroe County shall maintain a memorandum of understanding with the State Land Planning
3 Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony
4 Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input
5 variables and assumptions, including regional considerations, for utilizing the Florida Division of
6 Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ("TIME")
7 Model to accurately depict evacuation clearance times for the population of the Florida Keys.
8
9 Objective 101.3
10 Monroe County shall regulate new residential development based upon the finite carrying capacity
11 of the natural and man-made systems and the growth capacity while maintaining a maximum
12 hurricane evacuation clearance time of 24 hours.
13 Policy 101.3.5
14 Due to the limited number of allocations and the State's requirement that the County maintain a
15 maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new
16 transient residential allocations for hotel or motel rooms, and any lock-out units, campground spaces,
17 or spaces for parking a recreational vehicle or travel trailer July 2026. Lawfully established transient
18 units shall be entitled to one unit for each type of unit in existence before January 4, 1996, for use as
19 a ROGO exemption. (Ord. No. 010-2021)
20
21 Policy 101.3.6
22 All public and institutional uses (except hospital rooms)that predominately serve the County's non-
23 transient population and which house temporary residents shall be subject to the Permit Allocation
24 System for residential development, except upon factual demonstration that such transient
25 occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time
26 of Monroe County.
27
28 Objective 101.17
29 Monroe County shall protect established rights of landowners affected by the provisions of this Plan
30 or the land development regulations; and, therefore adopts the following policies for the
31 determination of vested rights and beneficial use.
32
33 Policy 101.17.4
34 BENEFICIAL USE
35 1. It is the policy of Monroe County to ensure that neither the provisions of this Plan nor the LDC
36 shall result in an unconstitutional taking of private property. Accordingly, Monroe County shall
37 adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land
38 development regulation or comprehensive plan policy has had an unconstitutional effect on
39 property in a nonjudicial forum. For the purpose of this policy, beneficial use shall mean the
40 minimum use of the property necessary to avoid the finding of a regulatory taking under current
41 land use case law.
42 2. The relief to which an owner shall be entitled may be provided through the use of one or a
43 combination of the following:
44 a) granting of a permit for development which shall be deducted from the Permit Allocation
45 System;
46 b) granting of use of transferable development rights (TDRs);
47 c) Government purchase offer of all or a portion of the lots or parcels upon which there is no
48 beneficial use. This alternative shall be the preferred alternative when beneficial use has been
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I deprived by application of Chapter 138 of the Land Development Code. This alternative shall
2 be the preferred alternative for Tier I, 11, or III-A(SPA) lands;
3 d) such other relief as the County may deem appropriate and adequate.
4 The relief granted shall be the minimum necessary to avoid the finding of a regulatory taking of
5 the property under state and federal law. With respect to the relief granted pursuant to this policy
6 or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred form of relief
7 for any land within Tier I and Tier 11, or Tier III-A (SPA).
8 3. Development approved pursuant to a beneficial use determination shall be consistent with all other
9 objectives and policies of the Plan and LDC unless specifically exempted from such requirements
10 in the final beneficial use determination.
11 4. This policy is not intended to provide relief related to regulations promulgated by agencies other
12 than the county or to provide relief for claims that are not cognizable in court at the time of
13 application of this policy. Further, the procedures established for this policy are not intended, nor
14 do they create, a judicial cause of action.
15 5. The land development regulations shall establish standards, procedures, and remedies for an
16 administrative determination of beneficial use.
17
18 GOAL 601
19 Monroe County shall adopt programs and policies to facilitate access by residents to adequate and
20 affordable housing that is safe, decent, and structurally sound, and that meets the needs of the
21 population based on type, tenure characteristics, unit size and individual preferences. [F.S. §
22 163.3177(6)(f)l., 3.]
23
24 Policy 601.1.1
25 Monroe County shall maintain land development regulations, in conjunction with the Permit
26 Allocation System, for apportioning future affordable housing development.
27
28 Policy 601.1.4
29 All affordable housing projects which receive development benefits from Monroe County, including
30 but not limited to,ROGO allocation award(s)reserved for affordable housing,maximum net density,
31 or donations of land, shall be required to maintain the project as affordable for a period of 99 years
32 pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and
33 administered by Monroe County or the Monroe County Housing Authority.
34
35 Policy 601.1.9
36 Monroe County shall maintain land development regulations which may include density bonuses,
37 impact fee waiver programs, and other possible regulations to encourage affordable housing.
38
39 Objective 601.3
40 Monroe County shall continue implementation efforts to eliminate substandard housing and to
41 preserve, conserve and enhance the existing housing stock, including historic structures and sites.
42 [F.S. § 163.3177(6)(f)l., 3.]
43
44 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
45 Area, Section 380.0552(7), Florida Statutes.
46
47 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
48 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
49 no specific provision shall be construed or applied in isolation from the other provisions.
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I (a) Strengthening local government capabilities for managing land use and development so that local
2 government is able to achieve these objectives without continuing the area of critical state concern
3 designation.
4 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
5 wetlands, fish and wildlife, and their habitat.
6 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
7 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
8 their habitat.
9 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
10 development.
11 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
12 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
13 ensuring that development is compatible with the unique historic character of the Florida Keys.
14 (g) Protecting the historical heritage of the Florida Keys.
15 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
16 public investments,including:
17 1. The Florida Keys Aqueduct and water supply facilities;
18 2. Sewage collection, treatment, and disposal facilities;
19 3. Solid waste treatment, collection, and disposal facilities;
20 4. Key West Naval Air Station and other military facilities;
21 5. Transportation facilities;
22 6. Federal parks,wildlife refuges, and marine sanctuaries;
23 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
26 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
27 replacement of stormwater management facilities; central sewage collection; treatment and disposal
28 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
29 disposal systems.
30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
31 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
32 applicable, and by directing growth to areas served by central wastewater treatment facilities through
33 permit allocation systems.
34 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
35 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
36 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
37 manmade disaster and for a postdisaster reconstruction plan.
38 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
39 Florida Keys as a unique Florida resource.
40 (o) Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
41 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
42
43 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
44 Specifically, the amendment furthers:
45
46 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
47 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
48 public interest; overcome present handicaps; and deal effectively with future problems that may result from
49 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
50 it is intended that units of local government can preserve, promote, protect, and improve the public health,
51 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
52 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
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I recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
2 protect natural resources within their jurisdictions.
3
4 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
5 out in this act and that no public or private development shall be permitted except in conformity with
6 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
7
8 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies
9 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
10 area that reflects community commitments to implement the plan and its elements. These principles and
11 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
12 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
13 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
14 government's programs,activities,and land development regulations will be initiated,modified,or continued
15 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
16 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
17 programs, activities, and land development regulations that will be part of the strategy for implementing the
18 comprehensive plan and the principles that describe how the programs, activities, and land development
19 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
20 development of land and provide meaningful guidelines for the content of more detailed land development
21 and use regulations.
22
23 163.3177(6)(f), F.S. — 1. A housing element consisting of principles, guidelines, standards, and strategies to
24 be followed in:
25 a. The provision of housing for all current and anticipated future residents of the jurisdiction.
26 b. The elimination of substandard dwelling conditions.
27 c. The structural and aesthetic improvement of existing housing.
28 d.The provision of adequate sites for future housing,including affordable workforce housing as defined
29 in s. 380.0651(1)(h), housing for low-income, very low-income, and moderate-income families,
30 mobile homes,and group home facilities and foster care facilities,with supporting infrastructure and
31 public facilities. The element may include provisions that specifically address affordable housing
32 for persons 60 years of age or older. Real property that is conveyed to a local government for
33 affordable housing under this sub-subparagraph shall be disposed of by the local government
34 pursuant to s. 125.379 or s. 166.0451.
35 e. Provision for relocation housing and identification of historically significant and other housing for
36 purposes of conservation,rehabilitation, or replacement.
37 f. The formulation of housing implementation programs.
38 g. The creation or preservation of affordable housing to minimize the need for additional local services
39 and avoid the concentration of affordable housing units only in specific areas of the jurisdiction.
40
41 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
42 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part,
43 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
44 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations
45 for the development of land or the adoption and enforcement by a governing body of a land development code
46 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
47 plan as required by this act.
48
49 420.0004, F.S.—Definitions. As used in this part,unless the context otherwise indicates:
50 (1) "Adjusted for family size"means adjusted in a manner which results in an income eligibility level
51 which is lower for households with fewer than four people, or higher for households with more than four
52 people, than the base income eligibility determined as provided in subsection(9), subsection (11),
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I subsection(12),or subsection (17),based upon a formula as established by the United States Department of
2 Housing and Urban Development.
3 (2) "Adjusted gross income"means all wages, assets, regular cash or noncash contributions or gifts from
4 persons outside the household, and such other resources and benefits as may be determined to be income by
5 the United States Department of Housing and Urban Development, adjusted for family size, less deductions
6 allowable under s. 62 of the Internal Revenue Code.
7 (3) "Affordable"means that monthly rents or monthly mortgage payments including taxes, insurance, and
8 utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted
9 gross annual income for the households as indicated in subsection(9), subsection(11), subsection (12), or
10 subsection(17).
11 (4) "Corporation"means the Florida Housing Finance Corporation.
12 (5) "Community-based organization"or"nonprofit organization"means a private corporation organized
13 under chapter 617 to assist in the provision of housing and related services on a not-for-profit basis and
14 which is acceptable to federal and state agencies and financial institutions as a sponsor of low-income
15 housing.
16 (6) "Department"means the Department of Commerce.
17 (7) "Disabling condition"means a diagnosable substance abuse disorder, serious mental illness,
18 developmental disability, or chronic physical illness or disability, or the co-occurrence of two or more of
19 these conditions, and a determination that the condition is:
20 (a) Expected to be of long-continued and indefinite duration; and
21 (b) Not expected to impair the ability of the person with special needs to live independently with
22 appropriate supports.
23 (8) "Elderly"describes persons 62 years of age or older.
24 (9) "Extremely-low-income persons"means one or more natural persons or a family whose total annual
25 household income does not exceed 30 percent of the median annual adjusted gross income for households
26 within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to
27 provide that in lower income counties, extremely low income may exceed 30 percent of area median income
28 and that in higher income counties, extremely low income may be less than 30 percent of area median
29 income.
30 (10) "Local public body"means any county,municipality, or other political subdivision,or any housing
31 authority as provided by chapter 421,which is eligible to sponsor or develop housing for farmworkers and
32 very-low-income and low-income persons within its jurisdiction.
33 (11) "Low-income persons"means one or more natural persons or a family,the total annual adjusted gross
34 household income of which does not exceed 80 percent of the median annual adjusted gross income for
35 households within the state,or 80 percent of the median annual adjusted gross income for households within
36 the metropolitan statistical area(MSA)or,if not within an MSA,within the county in which the person or
37 family resides,whichever is greater.
38 (12) "Moderate-income persons"means one or more natural persons or a family,the total annual adjusted
39 gross household income of which is less than 120 percent of the median annual adjusted gross income for
40 households within the state,or 120 percent of the median annual adjusted gross income for households
41 within the metropolitan statistical area(MSA) or,if not within an MSA,within the county in which the
42 person or family resides,whichever is greater.
43 (13) "Person with special needs"means an adult person requiring independent living services in order to
44 maintain housing or develop independent living skills and who has a disabling condition; a young adult
45 formerly in foster care who is eligible for services under s.4.09,,_1,4.5.1(5); a survivor of domestic violence as
46 defined in s. 741.28, or a person receiving benefits under the Social Security Disability Insurance (SSDI)
47 program or the Supplemental Security Income (SSI)program or from veterans' disability benefits.
48 (14) "Student"means any person not living with his or her parent or guardian who is eligible to be
49 claimed by his or her parent or guardian as a dependent under the federal income tax code and who is
50 enrolled on at least a half-time basis in a secondary school, career center, community college, college, or
51 university.
52 (15) "Substandard"means:
53 (a) Any unit lacking complete plumbing or sanitary facilities for the exclusive use of the occupants;
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I (b) A unit which is in violation of one or more major sections of an applicable housing code and
2 where such violation poses a serious threat to the health of the occupant; or
3 (c) A unit that has been declared unfit for human habitation but that could be rehabilitated for less
4 than 50 percent of the property value.
5 (16) "Substantial rehabilitation"means repair or restoration of a dwelling unit where the value of such
6 repair or restoration exceeds 40 percent of the value of the dwelling.
7 (17) "Very-low-income persons"means one or more natural persons or a family,not including students,
8 the total annual adjusted gross household income of which does not exceed 50 percent of the median annual
9 adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross
10 income for households within the metropolitan statistical area(MSA) or,if not within an MSA,within the
11 county in which the person or family resides,whichever is greater.
12
13 420.502, F.S.—Legislative findings.-
14 (8)(b) It is necessary to create a state housing finance strategy to provide affordable workforce housing
15 opportunities to essential services personnel in areas of critical state concern designated under s. 380.05,for
16 which the Legislature has declared its intent to provide affordable housing, and areas that were designated
17 as areas of critical state concern for at least 20 consecutive years before removal of the designation. The
18 lack of affordable workforce housing has been exacerbated by the dwindling availability of developable
19 land, environmental constraints, rising construction and insurance costs, and the shortage of lower-cost
20 housing units. As this state's population continues to grow, essential services personnel vital to the
21 economies of areas of critical state concern are unable to live in the communities where they work, creating
22 transportation congestion and hindering their quality of life and community engagement.
23
24 420.503, F.S.—Definitions.-
25 (19) "Essential services personnel"means natural persons or families whose total annual household
26 income is at or below 120 percent of the area median income, adjusted for household size, and at least one
27 of whom is employed as police or fire personnel, a child care worker, a teacher or other education
28 personnel,health care personnel, a public employee,or a service worker.
29
30 420.5095, F.S. Community Workforce Housing Loan Program.-
31 (1) The Legislature finds and declares that recent rapid increases in the median purchase price of a home
32 and the cost of rental housing have far outstripped the increases in median income in the state, creating the
33 need for innovative solutions for the provision of housing opportunities.
34 (2) The Community Workforce Housing Loan Program is created to provide workforce housing for persons
35 affected by the high cost of housing.
36 (3) For purposes of this section,the term "workforce housing"means housing affordable to natural persons
37 or families whose total annual household income does not exceed 80 percent of the area median income,
38 adjusted for household size, or 120 percent of area median income, adjusted for household size, in areas of
39 critical state concern designated under s. 380.0 y for which the Legislature has declared its intent to provide
40 affordable housing,and areas that were designated as areas of critical state concern for at least 20 consecutive
41 years before removal of the designation.
42 (4) The Florida Housing Finance Corporation is authorized to provide loans under the program to applicants
43 for construction of workforce housing.
44 (5) The corporation shall establish a loan application process under s. 4: . ...5. .8.7..
45 (6) Projects must be given priority consideration for funding if the local jurisdiction has adopted, or is
46 committed to adopting, appropriate regulatory incentives, local contributions or financial strategies, or other
47 funding sources to promote the development and ongoing financial viability of such projects.Local incentives
48 include such actions as expediting review of development orders and permits, supporting development near
49 transportation hubs and major employment centers, and adopting land development regulations designed to
50 allow flexibility in densities,use of accessory units, mixed-use developments, and flexible lot configurations.
51 Financial strategies include such actions as promoting employer-assisted housing programs, providing tax
52 increment financing, and providing land.
53 (7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed 15 years.
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1 (8) The corporation may adopt rules pursuant to ss._1.2Q..,y 3�0) and_1.20.,4.. to implement this section.
2
3 125.01055,F.S. -Affordable housing.-
4 (1) Notwithstanding any other provision of law, a county may adopt and maintain in effect any law,
5 ordinance,rule, or other measure that is adopted for the purpose of increasing the supply of affordable
6 housing using land use mechanisms such as inclusionary housing or linkage fee ordinances.
7
8 VI. PROCESS
9
10 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
11 Planning Commission, the Director of Planning, or the owner or other person having a contractual
12 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
13 process applications as they are received and pass them onto the Development Review Committee and
14 the Planning Commission.
15
16 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
17 the application, the reports and recommendations of the Department of Planning & Environmental
18 Resources and the Development Review Committee and the testimony given at the public hearing. The
19 Planning Commission shall submit its recommendations and findings to the Board of County
20 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
21 comprehensive plan amendment,and considers the staff report, staff recommendation, and the testimony
22 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
23 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
24 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
25 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
26 changes or not adopt the amendment.
27
28 VIL PROFESSIONAL STAFF RECOMMENDATION
29
30 Professional staff recommends approval of the proposed amendment.
31
32 VIII.EXHIBITS
33
34 1. May 2, 2018, Governor Rick Scott press release outlining an initiative to the Florida Department
35 of Economic Opportunity ("DEO")for a Keys Workforce Housing Initiative.
36 2. DEO Preliminary draft language based on the minimum requirements.
37 3. Ordinance No. 005-2021
38 4. Ordinance
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