Ordinance 016-1992 •`
4 ORDINANCE NO. 016-1992
DWELLING UNIT ALLOCATION TEXT AMENDMENT
AN ORDINANCE AMENDING THE LAND DEVELOPMENT
1 EGTJLATIONS OF TIlE COTT'`T'r" OF MON OE iLOi I_
vT Vi\ v i. i•lvv ii, viva
DA, REGULATING THE RATE AT WHICH THE COUNTY
WILL ISSUE BUILDING PERMITS FOR RESIDENTIAL
DWELLING UNITS COMMENSURATE WITH THE COUN-
TY'S ABILITY TO MAINTAIN A REASONABLE AND
SAFE HURRICANE EVACUATION CLEARANCE TIME;
PROVIDING A PURPOSE AND INTENT; PROVIDING
FINDINGS; PROVIDING DEFINITIONS; PROVIDING
GENERAL PROVISIONS AND APPLICABILITY; PROVID-
ING FOR RESIDENTIAL DWELLING UNIT ALLOCA-
TIONS; PROVIDING APPLICATION PROCEDURES
PROVIDING EVALUATION PROCEDURES AND CRITE-
RIA; PROVIDING FOR APPEALS; PROVIDING FOR THE
EFFECT OF THE AMENDMENT ON EXISTING COUNTY
ORDINANCES OR REGULATIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE Fri .
DATE. ocr r
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Section 1. Purpose and Intent c== -
The purpose of this Amendment is to implement goals, oiije&tivecs3 andj
policies of the Florida Keys' Comprehensive Plan related to 3rcitectiah of
residents, visitors and property in the County from natul al rdisaaers,
specifically including hurricanes, by adopting a Dwelling Unit Allocation
Ordinance limiting annual residential development in Monroe County to an
amount and rate commensurate with the County's ability to maintain a reason-
able and safe hurricane evacuation clearance time, as determined by policy
decisions and recently completed studies. The present hurricane evacuation
clearance time in Monroe County is unacceptably high. Based on a continua-
tion of Monroe County's historic rate of growth, clearance time will contin-
ue to increase. Therefore, consistent with its responsibility for protecting
the health and safety of its citizens, Monroe County must regulate the rate
of population growth commensurate with planned increases in evacuation
capacity to prevent further unacceptable increases in hurricane evacuation
clearance time. Regulation of the rate of growth will also help to prevent
further deterioration of public facility service levels, irreversible envi-
ronmental degradation, and potential land use conflicts.
Section 2. Findings
2.1 The Monroe County Comprehensive Plan
2.1.1 On February 28, 1986, the Monroe County Board of
County Commissioners ("the Board") adopted the
Florida Keys' Comprehensive Plan ("the Plan") .
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2. 1.2 On July 29, 1986, the Plan was approved by the
Florida Department of Community Affairs ("the
DCA") and the Administration Commission of the
State of Florida and is currently in effect..
2.1.3 The Plan recognizes that hurricanes create a serious
risk of loss of life or injury to persons and damage
to property in the Keys. The Plan states:
Because of its unique location and
physical characteristics, the Florida Keys
remain one of the most vulnerable areas in the
United States to hurricanes. A review of
historical records of the Florida Keys make it
clear that residents of Monroe County will
more than likely experience a serious hurri-
cane over the next twenty (20) years.
And, even though records of past hurri-
canes are _ sketchy, what they do indicate is
that such events cause severe damage to
property and serious threats to life. This
problem is even more problematic in the Keys
today than twenty years ago, because of the
area's increased population and development.
(Vol. II, p.83)
2.1.4 The Plan states that 19 hurricanes have struck the
Florida Keys since 1900 and that more than half of
these storms have generated winds in excess of 110
m.p.h. with a storm surge completely inundating the
areas they struck.
2. 1.5 The Plan cites the great potential for loss of life
and property damage from a hurricane, and the
particular difficulties involved with evacuation of
Florida Keys' residents to safe shelter.
2.1.5.1 There currently is only one evacuation
route: U.S. Highway 1 until such time
that improvements to Card Sound Road
are completed.
2.1.5.2 Evacuation to adequate shelters in Dade
County would require a clearance time of
35 hours to 37.75 hours, depending on
levels of seasonal occupancy.
2.1.5.3 Comprehensive hurricane evacuation
studies show that storm tides and sus-
tained tropical storm winds will likely
arrive 6-12 hours before hurricane land-
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fall, depending on the intensity, for-
ward speed and size of the hurricane.
2.1.5.4 Storm surges may yin!.undate evacuation
r vu`.v o making further evacuation impossi-
ble.
2.1.6 Evacuation of residents to shelters located in the
Keys is only a last resort in a category 3, 4, or 5
hurricane.
2.1.6.1 The 17 designated shelters in the Keys
are all susceptible to wind damage or
inundation in a severe storm of category
3, 4 or 5.
2.1.6.2 There is shelter capacity in the Keys
for less than 25 percent of the popula-
tion in the lower keys, only 10 percent
in the middle Keys, and 33 percent in
the upper Keys.
2.1.7 In response to these concerns, the Plan
established the following goals and policy:
GOALS
1. To protect life and property from natu-
ral disasters and hazards..
2. To develop interagency cooperation to
jointly provide flood protection and
stormwater management.
POLICIES
1. Develop a plan which provides orderly
evacuation of hazard areas and desig-
nates public shelters to be used during
hurricanes and flooding. (Vol. II, p. 87)
2.2 Hurricane Threat Updated
2.2.1 In 1989, the U.S. Army Corps of Engineers contract-
ed with the engineering firm of Post, Buckley,
Schuh & Jernigan, Inc. ("PBS&J") to update hurri-
cane evacuation traffic data based upon more recent
hazards data, updated permanent and seasonal popula-
tion figures, behavioral information and transporta-
tion modeling techniques.
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2.2.1.1 The techniques used by PBS&J were also
used for hurricane evacuation studies
for each eastern seaboard state from
Florida L.J .
2.2.1.2 The calculated evacuation times were
verified in hurricanes Elena and Kate in
1985 and in hurricane Hugo in 1989.
2.2. 1.3 The PBS&J Study was updated in Decem-
ber 1991 to include 1990 census popula-
tion data.
2.2.1.4 The Study was based upon a category
3-5 storm (the most severe), and as-
sumes that all of the Keys will be
subject to evacuation since none of the
designated shelters in the Keys provide
safe refuge in a category 3-5 storm.
2.2.2 Based upon behavior analysis by the University of
South Florida, the Study assumed the following
participation rates for evacuation of Keys' resi-
dents.
Seasonal and mobile home residents: 95 percent;
Lower Keys residents: 60 percent;
Middle Keys residents: 80 percent;
Upper Keys residents: 85 percent.
2.2.3 The remaining population is projected to remain on
the Keys.
The level of seasonal occupancy is estimated to vary
between 45 and 75 percent of seasonal units during
the hurricane season. Assuming 45 percent tourist
occupancy, the resulting hurricane evacuation clear-
ance time is 35 hours.
2.3 Clearance Time Tied Directly to Rate of Growth
2.3. 1 Monroe County's 35 hour hurricane evacuation clear-
ance time is one of the worst in the state and in
the nation.
2.3.1.1 Because of the excessive hurricane evac-
uation clearance time, a hurricane
evacuation order must be given at a
point in time when there is still great
uncertainty about the actual path of the
storm.
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2.3.1.2 As the population of Monroe County in-
creases, the hurricane evacuation clear-
ance time will increase proportionately.
2.3.1.3 Approximately 1101 developable units per
hour of evacuation clearance time has
been estimated based on a vehicle evacua-
tion rate of 1145 vehicles per hour, an
average of 1.30 evacuating vehicles per
evacuating unit and an estimated future
additional resident/visitor particpation
rate of 80 0.
2.3.1.4 Approximately 255 units can be accommo-
dated per year for 10 years while main-
taining a hurricane evacuation clearance
time of 30 hours with due consideration
of development already permitted, but
not constructed, and future development
in municipalities.
2.3.1.5 Since 1972, Monroe County has permitted
an average of 552 new single family
dwelling units per year, which equates
to an additional 1,247 persons per year
or an additional 32.5 minutes of clear-
ance time per year.
2.3.1.6 Until 1991, the County considered only
one evacuation route -- U.S. 1. In
August, 1991, the Board directed that
Card Sound Road be used for evacuation
in addition to U.S. 1. Subsequently,
the Board directed that Card Sound
Road be relied upon only when improve-
ments are completed.
2.3.1.7 Inclusion of an additional out bound
lane on Card Sound Road in the calcula-
tion of evacuation capacity has the
effect of reducing hurricane evacuation
clearance time to approximately 24.75
hours once the projected road improve-
ments are completed.
2.3.1.8 However, both Card Sound Road and
U.S. 1 remain vulnerable to flooding.
2.3.1.9 In addition to the projected improve-
ments to Card Sound Road, the only
other planned transportation improvement
that would increase hurricane evacuation
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capacity in the near future is the
planned widening of U.S. 1 from south
of Florida City to Key Largo; however,
this improvement is not scheduled for
. ti u:tion until 1995/96, and i
presently unfunded.
2.3.1.10 The County currently has no plans to
add hurricane shelters for storms of
categories three (3) through five (5) .
2.3.2 The National Weather Service issues hurricane warn-
ings no more than twenty-four (24) hours in ad-
vance of the anticipated arrival of hurricane force
winds. However, an evacuation must cease well in
advance of the arrival of hurricane force winds.
Therefore, the clearance time for any given communi-
ty, at a minimum, should be less than twenty-four
(24) hours and ideally twelve (12) hours or less.
The currently estimated 35 hour evacuation time
creates a serious risk of loss of life and/or proper-
ty to residents of and visitors to Monroe County.
2.3.3 At the historic rate of growth of 552 new single
family homes per year and assuming that Card Sound
Road is improved to function as a viable evacuation
route, Monroe County's hurricane evacuation time
will rise again to more than 30 hours by the year
2000.
2.3.4 On February 4, 1991, the Monroe County Board of
County Commissioners adopted a policy directing that
the County achieve a hurricane evacuation clearance
time of 30 hours by the year 2000.
2.3.5 The Board further directed that this objective be
implemented through a permit allocation system which
would control the annual rate of population growth.
2.4 Additional Regulation Necessary to Protect Lives and Property
2.4.1 Until the adoption of a permit allocation system,
the historic rate of growth will continue, and will,
based upon past experience, increase in anticipation
of the new limitation on growth
2.4.2 Records from the Monroe County Building Depart-
ment show that during the period immediately preced-
ing the effective date of the . County's existing
Comprehensive Plan, the annual number of building
permits issued for single-family homes increased by
more than two hundred percent.
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2.4.3 Continued unregulated growth will further increase
hurricane evacuation clearance time, exacerbating
the already serious threat to life and property.
2.4.4 Contynu,.ticr of fhb hiy+grin r tc „f growth will
make they eventual economic impact of a permit alloca-
tion system even more severe by reducing the num-
ber of residential dwelling units to be allocated
over the remaining portion of the planning period.
2.5 Concluding Findings
2.5.1 The Board finds that there presently exists in
Monroe County a serious risk of injury, loss of
life, and property damage from the occurrence of a
hurricane, as shown by the Monroe County Compre-
hensive Plan Hurricane Evacuation Analysis; by
Post, Buckley, Schuh & Jernigan, Inc. (December
1991) .
2.5.1. 1 Evacuation to shelters in the County is
not a viable solution because of inade-
quate shelter capacity and, most impor-
tantly, because a severe, category 3-5
storm would flood all available .shelters.
2.5. 1.2 Therefore, the County must plan for the
evacuation of every resident and visitor
who can reasonably be expected to
evacuate to safe shelters in Dade County.
2.5.2 The Board finds that regulation of the annual rate
and amount of residential development must be enact-
ed to respond to the immediate risk to life and
property.
2.5.2.1 Monroe County is responsible for protect
ing the health and safety of its citi-
zens and visitors.
2.5.2.2 Continued growth at historic rates will
further increase hurricane evacuation
clearance time, and expose County
residents and visitors to still greater
risks.
2.5.2.3 Continued growth will cause evacuation
time to again exceed 30 hours within the
next several years.
2.5.2.4 The County cannot ignore the additional
injuries, loss of life, and property
damage that would result from allowing
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hurricane evacuation clearance time to
increase.
2.5.2.5 The County recognizes that based on an
estimated 1.3 ^cuuting :chicics per
residental unit and an evacuation rate
of 1145 vehicles per.hour, each addition-
al evacuating dwelling unit adds approxi-
mately 4 seconds to the hurricane evacua-
tion clearance time.
2.5.2.6 Continuation of the historic rate of
• growth would, therefore, add 37 minutes
per year to the hurricane evacuation
clearance time eventually resulting in
more than a 30 hour evacuation time in
the year 2000.
2.5.2.7 The County recognizes that every resi-
dent and visitor should have the opportu-
nity to evacuate within a realistic and
reasonable limit, which has been deter-
mined by the Board to be 30 hours by
the year 2000.
2.5.2.8 Unless the County acts now to implement
a residential permit allocation system
to achieve the desired hurricane evacua-
tion clearance time, continuation of the
current rate of growth will preclude
achievement of this objective by the
year 2000 and will ultimately lead to
the need for more drastic restrictions
on development in order to maintain the
standard.
2.5.3 This Amendment is, therefore, a fair and reasonable
means to further implement the goals of the Plan and
to prevent or minimize continued increases in hurri-
cane evacuation clearance time; it is the minimum
regulation necessary to accomplish the stated public
purposes.
2.5.4 This Amendment is consistent with the Florida Keys'
Comprehensive Plan adopted February 28, 1986.
2.5.4. 1 This Amendment implements the goal and
policy in Volume II of the Plan, the
"Safety Element, Chapter I. Natural
Disasters in the Florida Keys", at page
87:
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{Goal) 1. To protect life and
property from natural disasters
and hazards.
{Policy} 1. Develop a plan which
provides orderly evacuation of
hazard areas and designates public
shelters to be used during hurri-
canes and flooding.
2.5.4.2 This Amendment does not conflict with
any goal, objective or policy of the
Plan.
2.5.5 It is the mandate of Rule 9J-5 that Monroe County
take measures to "maintain or reduce" hurricane
evacuation time. The essential provisions of this
Ordinance are required by the terms of the Settle-
ment Agreement between the County and the Depart-
ment of Community Affairs. These state mandates,
among others, obligate the State of Florida to bear
primary responsibility for the cost of implementing
this Ordinance.
2.5.6 The Board declares that the important public purpos-
es set forth herein are of immediate and critical
concern and that immediate regulation consistent
with the Plan is justified and necessary to protect
public health, safety and welfare.
Section 9.5-120. Dwelling Unit Allocation.
(A) Purpose and Intent
(1) The purposes and intent of the Dwelling Unit Allocation
system are:
(a) To . facilitate implementation of goals, objectives
and policies set forth in the Florida Keys Comprehen-
sive Plan and Land Development Regulations relating
to protection of residents, visitors and property in
the County from natural disasters, specifically
including hurricanes;
(b) To limit the annual amount and rate of residential
development commensurate with the County's ability
to maintain a reasonable and safe hurricane evacua-
tion clearance time;
(c) To regulate the rate of growth in order to further
deter deterioration of public facility service
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levels, environmental degradation and potential land
use conflicts.
(d) To allocate the limited number of dwelling units
all bl,. W:,T.,4L�. �.e,.c,Yr ,,,. r.,..ed upon the goals,
objectives and policies set forth in the Plan.
Section 9.5-120.1 Definitions.
The words or phrases used herein shall have the meanings prescribed
in the Monroe County Land Development Regulations, except as otherwise
indicated herein:
1. "Allocation Application" means and refers to the Residential
Dwelling Unit Allocation Application submitted by applicants
seeking Allocation Awards.
2. "Allocation Period" means and refers to a defined period of time
within which Applications for residential dwelling unit alloca-
tions will be accepted and processed.
3. "Annual Allocation Period" means and refers to the 12 month •
period from the effective date of the Dwelling Unit Allocation
Ordinance or to its one year anniversary date, and subsequent
one-year periods.
4. "Annual Residential Dwelling Unit Allocation" means and refers
to the maximum number of dwelling units for which building
permits may be issued in the first year of operation of the
Dwelling Unit Allocation system and in succeeding years.
5. "Known habitat of threatened/endangered animal species" is one
that has documented evidence of sightings, collection, trapping,
or direct evidence of the presence of the animal(s) in a specif-
ic habitat area (as documented on the County's Threatened and
Endangered Species Maps) .
6. "Probable habitat of threatened/endangered animal species" is
one where there is a lack of direct evidence documenting the
presence of an animal, but where the habitat area is suitably
close to an existing population to make colonization possible,
and is of a size and ecological character sufficient to support
the animal(s) (as documented on the County's Threatened and
Endangered Species Maps) .
7. "Potential habitat of threatened/endangered animal species" is
one where there is a lack of direct evidence documenting the
presence of an animal and where the habitat area is not suitably
close to an existing population to make colonization possible,
but the habitat area is of a size and ecological character
sufficient to support the animal(s) (as documented on the Coun-
ty's Threatened and Endangered Species Maps) .
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8. "Quarterly Allocation Period" means and refers to the 3-month
period beginning on the effective date of the Dwelling Unit
Allocation system or such other date as the Board may specify,
and to successive 3-month periods.
9. "Quarterly Residential Dwelling Unit Allocation" means and
refers refers to the maximum number of dwelling units for which
building permits may be issued in the initial 3-month period of
operation of the Dwelling Unit Allocation system and in succes-
sive 3-month periods.
10. Residential Dwelling Unit" means and refers to a dwelling unit
as that term is defined in Sec. 9.5-4(D-30) of the Monroe Coun-
ty Land Development Regulations, and expressly including hotel
and motel rooms as defined in Sec. 9.5-4(R-16) of the Monroe
County Land Development Regulations, campground spaces as
defined in Sec. 9.5-4(C-2) of the Monroe County Land Develop-
ment Regulations, mobile homes as defined in Sec. 9.5-4(M-13)
of the Monroe County Land Development Regulations, transient
residential unit as defined in Sec. 9.5-4(T-3) of the Monroe
County Land Development Regulations, institutional-residential
use as defined in Sec. 9.5-4(I-4) of the Monroe County Land
Development Regulations except hospitals and live-aboard vessels
as defined in Sec. 9.5-4(L-6) of the Monroe County Land Devel-
opment Regulations.
11. "Residential Dwelling Unit Allocation" means and refers to the
maximum number. of dwelling units for which building permits
may be issued in a given time period.
12. "Residential Dwelling Unit Allocation Award" or "Allocation
Award" or "Award" means and refers to the approval of a Resi-
dential Dwelling Unit Allocation Application and the issuance of
a building permit pursuant thereto.
13. "Wide-ranging threatened or endangered animal species" is one
whose individuals typically move over a large area, usually
seasonally. They occur in any of the listed habitats within
their mapped ranges (as documented on the County's Threatened
and Endangered Species Maps. )
Section 9.5-121. General Provisions; Applicability.
(A) Term. This Amendment shall remain in effect unless and until
repealed, amended or modified by the Board in accordance with
applicable State law and local ordinances and procedures.
(B) Review and Monitoring.
1. Annual review. The County shall, not less frequently
than annually, review the rate, amount and location of
residential development in the County, monitor the effects
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of such development and determine the conformity of such
development with the Comprehensive Plan.
2. Timing of Review and Monitoring. The County shall con-
duct tho rc'yie rw and monitoring as part of and ccordlnated.
with the County budget and capital improvements program-
ming process so that rate of development decisions can be
linked to the adequacy and availability of public facili-
ties and services, to County financial needs and to econom-
ic impacts; provided, however, that the County may con-
duct such review and monitoring, without limitation, at
such other times as deemed appropriate, and the Board
may take any and all actions deemed necessary in response
thereto.
3. Effect of Review and Monitoring. The review and monitor-
ing may, in whole or in part, form the basis for County
recommendations to the Board and Board actions to repeal,
amend or modify the Dwelling Unit Allocation system;
provided, however, that the County may cite and the
Board may rely upon such other data, information, re-
ports, analyses and documents relevant to such decisions
as may be available.
4. Responsibility for Review and Monitoring. The Director of
Planning shall be responsible for preparation of the
Review and Monitoring Report.
5. Content of Review and Monitoring Report. The Review
and Monitoring Report shall include, at a minimum, data
indicating the number of residential dwelling units allo-
cated and building permits issued, by type, and by subar-
ea (upper, middle or lower keys). during the prior annual
allocation period and in each quarterly allocation period
in that annual period. In addition, the Review and Moni-
toring Report shall include data indicating such other
information as the Director of Planning determines to be
relevant and/or that the Planning Commission or the Board
requests.
6. Submission of Review and Monitoring Report. The Direc-
tor of Planning shall submit the Review and Monitoring
Report to the Planning Commission which shall receive
such Report and take such actions as it deems appropri-
ate, including, but not limited to, requesting additional
data or analyses and holding public workshops and/or
public hearings.
7. Planning Commission Action. The Planning Commission
shall attach its recommendations to the Report and forward
the Report and the Recommendations to the Board.
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(C) Affected Area. The Dwelling Unit Allocation system shall apply
within the unincorporated area of Monroe County, Florida which,
for purposes hereof, has been divided into subareas as follows:
1. Upper Keys -- the unincorporated area of Monroe County
north cr Fiost^ Key.
2. Middle Keys -- the unincorporated area of Monroe County
from Fiesta Key to Seven Mile Bridge.
3. Lower Keys -- the unincorporated area of Monroe County
south of Seven Mile Bridge.
(D) Type of Development Affected. The Dwelling Unit Allocation
system shall apply to the development of all residential dwell-
ing units for which a building permit is required by the Monroe
County Land Development Regulations, and which building permit
has not been issued prior to the effective date of the Dwelling
Unit Allocation system, except as otherwise provided herein.
(E) Type of Development Not Affected.
1. Replacement Residential Unit.. Redevelopment or rehabilita-
tion which replaces, but which does not increase the
number of residential dwelling units above that existing
on the site prior to redevelopment or rehabilitation.
2. Nonresidential Uses.
3. A residential dwelling unit which is demonstrated by a
traffic study submitted to and reviewed for sufficiency by
the Director of Planning and approved by the BOCC, to
comply with the following criteria: the dwelling unit is
so located with respect to the Monroe County major trans-
portation network that evacuation of such dwelling unit in
the event of a threat of a class 3-5 hurricane will not
shift the critical (controlling) road segment shown in the
December 1991 update of the 1989 Post, Buckley, Schuh &
Jernigan, Inc. Transportation Analysis for Monroe County
nor increase the traffic volume on the critical road
segment and, therefore, not increase the overall County
hurricane evacuation clearance time. All previously
authorized residential dwelling units to be located in the
area designated as Zone 7 in that 1989 Transportation
Analysis are found to comply with the above criteria and
are exempt.
4. Public/Governmental Uses including capital improvements
(as defined by Sec. 9.5-4(C-5)) and public buildings (as
defined by Sec. 9.5-4(P-18)) of the Monroe County Land
Development Regulations.
5. Any other use, development, project, structure, building,
fence, sign or activity which does not result in a new
residential dwelling unit.
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(F). Vested Rights.
1. From and after the effective date of the Dwelling Unit
Allocation System,
(a) the holder of an unexpired major development order
issued pursuant to Monroe County Land Development
Regulations shall be exempt from the Dwelling Unit
Allocation System until the earlier of two years
from the effective date of issuance of the order, or
February 28, 1994, provided that construction of a
principal structure authorized under the order has
commenced within such 2-year period and the holder
of the order holds an active current building permit
for a principal structure authorized under the
order; and
(b) the holder of an unexpired vested rights order
approved by the Board pursuant to Sec. 9.5-181
et. seq., Monroe County Land Development Regula-
tions, shall be exempt from the Dwelling Unit Alloca-
tion System until February 28, 1994, provided that
construction of a principal structure authorized.
under the order has commenced within two years
from the date of the Board's approval of the vested
rights order.
2. From and after the effective date of the Dwelling Unit
Allocation System, landowners with a valid, unexpired
Development of Regional Impact approval granted by the
County shall be exempt from the Dwelling Unit Allocation
system.
Section 9.5-121.1. Residential Dwelling Unit Allocations.
(A) Annual Residential Dwelling Unit Allocation. During the period
from the effective date of the Dwelling Unit Allocation system
through its one-year anniversary date, the County has set an
annual residential dwelling unit allocation, by subarea, as
follows:
Market-Rate Affordable
Residential Residential
(800) (200)
1. Upper Keys - 99 dwelling units - 79 du's 20 du's
2. Middle Keys - 41 dwelling units - 33 du's 8 du's
3. Lower Keys - 115 dwelling units- 92 du's 23 du's
4. Total - 255 dwelling units- 204 du's 51 du's
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(B) Quarterly Residential Dwelling Unit Allocation. The annual
residential dwelling unit allocation, by subarea, shall be
further divided into quarterly allocation periods as follows:
1. First quarter through third quarter
Market-Rate Affordable
Residential Residential
(800) (200)
Upper Keys - 25 dwelling units 20 du's 5 du's
Middle Keys - 10 dwelling units 8 du's 2 du's
Lower Keys - 29 dwelling units 23 du's 6 du's
2. Fourth quarter
Upper Keys - 24 dwelling units 19 du's 5 du's
Middle Keys - 11 dwelling units 9 du's 2 du's
Lower Keys - 28 dwelling units 22 du's 6 du's
3. Any portion of the 20 percent allocation not used for afford-
able housing shall be allocated to general (market rate) hous-
ing. The definition of affordable housing shall be as speci-
fied in Sec. 9.5-4(A-5) by the Monroe County Land Develop-
ment Regulations.
4. If, after an annual allocation period, there are unused afford-
able housing allocations, they shall be transferred to the
general allocation.
(C) Residential Dwelling Unit Allocation Required. From and after the
effective date of the Dwelling Unit Allocation system, no building
permit for a residential dwelling unit shall be issued by the County
unless such dwelling unit has received a. residential dwelling unit
allocation award; or, is exempt from the Dwelling Unit Allocation
system pursuant to Sec. 9.5-121(E) ; or, is determined to be vested
pursuant to Sec. 9.5-121(F) ; or is the subject of a completed build-
ing permit application received by the County on or before June 9,
1992.
(D) Exempt and Vested Development.
1. Any building permit for residential dwelling units issued by
the County during an allocation period to vested development
shall be subtracted from the annual residential dwelling unit
allocation for that allocation period.
2. After subtracting building permits issued for vested residen-
tial dwelling units by subarea and by, quarterly allocation
period the Director of Planning shall redetermine the quarterly
residential dwelling unit allocation in accordance with the
following principles and guidelines:
Page 15
ROGO04.4/TXTWHITE/Revised 6-24-92
•
(a) if the number of vested residential dwelling units is
less than 50% of the quarterly allocation for the affect-
ed subarea, such vested residential dwelling units shall
be subtracted from the quarterly allocation and only the
rclmaln:cr of the quarterly allocation shall be available
for allocation in that quarterly period;
(b) if the number of vested residential dwelling units is 500
or more of the quarterly allocation for the affected
subarea, only 50% of such vested residential development
shall be subtracted from the quarterly allocation and the
remaining 50% of the quarterly allocation shall be avail-
able for allocation in that quarterly period; in that
event, the "excess" residential dwelling units shall be
determined and subtracted pro rata from future allocation
periods so that an average annual build-out of 255 dwell-
ing units is not exceeded.
Section 9.5-121.2. Residential Dwelling Unit Allocation Application Procedures.
(A) Application for Allocation. In each quarterly allocation period, the
Director of Planning shall accept Residential Dwelling Unit Alloca-
tion Applications on forms provided by the County. The Allocation
Application Form must be accompanied by a completed building permit
application in order to be considered in the current allocation
period. The Director of Planning shall review the Allocation Applica-
tion for completeness. If determined to be incomplete, the Director
of Planning shall reject the Allocation Application and notify the
Applicant of such rejection and the reasons therefore, within ten
(10) working days. If determined to be complete, the Director of
Planning shall so notify the applicant within ten (10) working days.
(B) Fee for Review of Application. Each Allocation Application shall be
accompanied by a processing fee as may be established by Resolution
of the Board. Such fees shall be nonrefundable. Additional fees are
not required for successive review of the same allocation application.
(C) Compliance with Other Requirements. The Allocation Application shall
indicate whether the applicant for a residential dwelling unit alloca-
tion has satisfied and complied with all County, State and federal
requirements otherwise imposed by the Monroe County Land Develop-
ment Regulations as conditions precedent to issuance of a building
permit and shall require that the Applicant certify to such compli-
ance.
(D) Time of Review. Notwithstanding the time periods set forth in Sec.
9.5-113 of the Monroe County Land Development Regulations, the
Director of Planning may retain the Allocation Application and its
associated building permit application, for review pursuant to the
Evaluation Procedure and Criteria set forth in Sec. 9.5-122 and Sec.
9.5-122.1 hereof.
Page 16
ROGO04.4/TXTWHITE/Revised 6-24-92
The Allocation Application shall indicate and the Applicant shall
certify that he/she shall waive the time periods for County Action as
set forth in Sec. 9.5-113.
(E) Non-County Tim?: Porica .. Thc Cc .nt; ±�..V O.. ^^ necess,r
y
administrative procedures and, if necessary, enter into agreements
with other jurisdictional entities which impose requirements as a
condition precedent to development in the County, to ensure that
such non-County approvals, certifications and/or permits are not lost
due to the increased time requirements necessary for the County to
process and evaluate residential dwelling unit applications and issue
allocation awards. The County may permit evidence of compliance
with the requirements of other jurisdictional entities to be demon-
strated by "coordinating letters" in lieu of approvals or permits.
(F) Limitation on Number of Applications.
1. An individual entity or organization may submit only one (1)
Allocation Application per parcel in each quarterly allocation
period.
2. There shall be no limit on the number of separate parcels on
which Allocation Applications may be submitted by an individu-
al, entity or organization.
3. An Allocation Application for a given parcel shall not be for
more dwelling units than are permitted by the applicable zoning
and land use regulations.
(G) Expiration of Allocation Award. An Allocation Award shall expire when
its corresponding Building Permit is deemed to expire pursuant to
Sec. 9.5-115 and Sec. 9.5-115.1 of the Monroe County Land Develop-
ment Regulations or after sixty (GO) days of mailing of notification
for the award of allocation.
Section 9.5-122. Residential Dwelling Unit Allocation Evaluation Procedures.
(A) Director of Planning Responsibilities. Upon receipt of completed
Allocation Applications, the Director of Planning or his designee
shall evaluate the Allocation Applications pursuant to the Evaluation
Criteria set forth in Sec. 9.5-122.1.
1. Classification of Allocation Applications. The Director of
Planning shall classify each Allocation Application by subarea.
2. On the Evaluation Cover Page, for each Allocation Application,
the Director of Planning shall indicate the subarea and the
number of dwelling units for which allocation awards are being
requested. Allocation applications shall be collated by sub-
area.
Page 17
ROGO04.4/TXTWHITE/Revised 6-24-92
3. Within thirty (30) days of the conclusion of a quarterly alloca-
tion period, unless otherwise extended by the Board, the
Director of Planning shall (a) complete the evaluation of all
Allocation Applications submitted during the relevant alloca-
tion period; (b) total the number of cit.:•oning' units by s bs1ro:+
for which Allocation Applications have been received; and (c)
rank the Allocation Applications in descending order from the
highest evaluation point total to the lowest.
4. If the number of dwelling units represented by the Allocation
Applications, by subarea, is equal to or less than the quarter-
ly allocation, the Director of Planning may make a recommenda-
tion to the Planning Commission that all of the Allocation
Applications for that subarea be granted Allocation Awards.
5. If the number of dwelling units represented by the Allocation
Applications, by subarea, is greater than the quarterly alloca-
tion, the Director of Planning shall submit an Evaluation
Report to the Planning Commission indicating the evaluation
rankings and identifying those Allocation Applications whose
ranking puts them within the quarterly allocation, and those
Allocation Applications whose ranking puts them outside of the
quarterly allocation.
(B) Upon completion of the evaluation ranking report and/or recommenda-
tion, the Director of Planning shall schedule and notice a public
hearing by the Planning Commission pursuant to otherwise applicable
regulations.
1. At or prior to the public hearing, the Planning Commission may
request, and the Director of Planning shall supply, copies of
the Allocation Applications and the Director of Planning Evalua-
tion Worksheets.
2. Upon review of the Allocation Applications and Evaluation
Worksheets, the Planning Commission may adjust the points
awarded for meeting a particular criteria; adjust the rankings
as a result of changes in points awarded; or make such other
changes as may be appropriate and justified.
3. The basis for Planning Commission changes shall be specified in
the form of a motion to adopt the allocation rankings and may
include the following:
a. an error in the designation of the applicable subarea
b. a mistake in the application of one or more of the evalua-
tion criteria
c. A misinterpretation of the applicability of an evaluation
criteria
Page 18
ROGO04.4/TXTWHITE/Revised 6-24-92
111111
4. The public, including, but not limited to, Applicants_ for Allo-
cation Awards, shall be permitted to testify at the public
hearing. Applicants may offer testimony about their Applica-
ticnE oth,.r npp i tions; provided, however, that in n^
event may an- Applicant offer modifications to an Application
that would change the points awarded or the ranking of the
Application.
•
5. At the conclusion of the public hearing, the Planning Commis-
sion may:
a. move to accept the evaluation rankings as submitted by
the Director of Planning;
b. move to accept the evaluation rankings as may be modi-
fied as a result of the public hearing;
c. move _ to . continue the public hearing to take additional
public testimony;
d. move to close the public hearing but to defer action on
the evaluation rankings pending receipt of additional
information;
e. move to reject the evaluation rankings.
6. The Planning Commission shall finalize the evaluation rankings
within sixty (60) days following initial receipt of the Direc-
tor of Planning evaluation ranking, report and recommendation.
(C) Notification to Applicants. Upon finalization of the evaluation
rankings by the Planning Commission, the Director of Planning shall
cause a notice of such rankings, . by subarea, to be posted at the
Planning Department offices and at such other places as may be
designated by the Planning Commission.
1. Applicants who receive Allocation Awards shall be further
notified by mail.
2. Applicants who fail to receive Allocation Awards shall be
further notified by certified mail, return receipt requested;
without further action by such Applicants nor the payment of
any additional fee., such Applications shall remain in the
Dwelling Unit Allocation system for reconsideration in the next
succeeding quarterly allocation period.
3. Upon receipt of notification of an Allocation Award, the Appli-
cant may request issuance of a building permit for the applica-
ble residential dwelling unit(s) .
Page 19
ROGO04.4/TXTWHITE/Revised 6-24-92
111111
(D) Withdrawal of Allocation Application. An Applicant may elect to
withdraw an Allocation Application without prejudice at any time up
to finalization of the evaluation rankings by the Planning Commission.
(E) Revisions to Applicaticnc arid Awards.
1. Upon submission of an Allocation Application, no revisions
shall be made by the Applicant to the Allocation Application
during the current quarterly allocation period, including
during the evaluation, ranking, review and approval processes.
2. If an Allocation Award is not granted in a quarterly allocation
period, the Applicant may request the return of the Allocation
Application for revision and resubmission in the next or other
succeeding quarterly allocation period, however those revised
or resubmitted applications shall be considered "new" applica-
tions and shall be required to pay all appropriate fees.
3. After receipt of an Allocation Award, no revisions shall be
made to any aspect of the proposed residential development
which formed the basis for the evaluation review, determination
of points and allocation rankings, unless such revision would
have the effect of increasing the points awarded.
4. After receipt of an Allocation Award . and a Building Permit,
revisions to the proposed residential development may be made
only in conformance with the Land Development Regulations
pertaining to the type of land use approval granted or permits
issued for the development.
(F) Clarification of Application Data.
1. At any time during the dwelling unit allocation review and
approval process, the Applicant may be requested by the Direc-
tor of Planning or the Planning Commission, to submit addition-
al information to clarify the relationship of the Allocation
Application, or any elements thereof,, to the Evaluation Crite-
ria. If such a request is made, the Director of Planning shall
identify the specific Evaluation Criterion at issue and the
specific information needed and shall communicate such request
to the Applicant.
2. Upon receiving a request from the Director of Planning for
such additional information, the Applicant may provide such
information; or, the Applicant may decline to provide such
information and allow the Allocation Application to be evaluat-
ed as submitted.
(G) Allocation Applications Receiving an Identical Ranking. If two (2)
or more Allocation Applications in a given subarea receive an identi-
cal evaluation ranking and both (or all) cannot be granted Allocation
Awards within the quarterly allocation, the Planning Commission shall
Page 20
ROGO04.4/TXTWHITE/Revised 6-24-92
1111
11111
award the allocation to the completed Application first submitted,
based on the date of submission.
1. If two (2) or more such completed Applications were submitted
on the same day, the Z.vuilwb10 ti-n -ha" by ftwaracd to
the Application with the fewest number of negative points.
2. The Planning Commission may recommend that two (2) or more
Allocation Applications with identical rankings be approved
despite the fact that the quarterly Allocation will be exceeded
if:
(a) express findings are made justifying the decision; and
(b) the excess allocation is reduced from the next succeeding
quarterly allocation period or is reduced pro rata from
the next three (3) quarterly allocation periods as set
forth below; and
(c) the Board confirms the Planning Commission recommenda-
tion.
3. An excess allocation of three (3) dwelling units or less may be
reduced from the next succeeding quarterly allocation period.
4. An excess allocation of nine (9) dwelling units or less may be
reduced pro rata from the next three (3) quarterly allocation
periods.
(H) Administrative Relief
1. If an Applicant for an Allocation Award who has
(a) complied with all requirements of the Dwelling Unit
Allocation System; and
(b) whose Application has not been withdrawn; and
(c) whose Application has been considered in at least three
(3) of the first four (4) consecutive annual Allocation
periods; and
fails to receive an Allocation Award, said Applicant may apply
to the Board for administrative relief pursuant to the terms
and conditions set forth herein.
2. An Application for Administrative Relief shall be made on a
form prescribed by the Director of Planning and may be filed
with the Director of Planning no earlier than the conclusion of
the third annual allocation period and no later than ninety
(90) days following the close of the fourth annual allocation
period.
Page 21
ROGO04.4/TXTWHITE/Revised 6-24-92
11111
•
3. Upon the filing of an Application for Administrative Relief,
the Director of Planning shall forward to the Board all rele-
vant files and records relating to the subject Applications.
Failure to file an Application shall constitute a waiver of any
rightright �- do ti '� Section to assert that the subject property
z,.,J 41a 4C:a 11J
has been taken by the County without payment of just compen-
sation as a result of the Dwelling Unit Allocation System.
4. Upon receipt of an Application for Administrative Relief, the
Board shall notice and hold a public hearing at which the
Applicant will be given an opportunity to be heard.
5. The Board may review the relevant Applications and applicable
evaluation rankings, taking testimony from County staff and
others as may be necessary and hear testimony and review
documentary evidence submitted by the Applicant.
6. At the conclusion of the public hearing, the Board may take
any or a combination of the following actions:
(a) grant the Applicant an Allocation Award for all or a
number of dwelling units requested in the next succeed-
ing quarterly Allocation Period or extended pro rata over
several succeeding quarterly allocation periods;
(b) offer to purchase the property at its fair market value;
(c) suggest such other relief as may be necessary and appro-
priate.
Section 9.5-122.1. Residential Dwelling Unit Allocation Evaluation Criteria.
(A) Evaluation Criteria
1. Platted Subdivision Infill
Points shall be assigned to Allocation Applications for pro-
posed dwelling unit(s) which result in the infill of a legally
platted subdivision which is currently served by existing
infrastructure:
Point Relationship to a Legally Platted and
Assignment Recorded Subdivision
(+10) Dwelling unit(s) which are proposed are within a legally
platted, recorded subdivision which is served by existing
infrastructure, including at a minimum potable water, electrici-
ty and paved roadways.
Page 22
ROGO04.4/TXTWHITE/Revised 6-24-92
11111
2. Infrastructure Availability
(+5) Any dwelling units which are proposed and which are not
"v'itaain « IGgaiiy P1attad, z ubdi r ision, but which are
served by existing infrastructure, including at a minimum
potable water, electricity and paved roadways.
3. Lot Aggregations
Points shall be assigned to Allocation Applications for pro-
posed dwelling unit(s) which include a voluntarily reduction of
density permitted as of right within subdivisions (residential
units per legally platted buildable lots) by aggregating va-
cant, legally platted buildable lots.
Point
Assignment Voluntary Density Reduction
(+3) The application aggregates two (2) contiguous vacant,
legally platted buildable lots.
An additional three (3) points shall be assigned for each
additional contiguous vacant, legally platted buildable
lot aggregated over two (2) .
3. Affordable Housing
Points shall be assigned to Allocation Applications for pro-
posed dwelling units which contribute to the supply of afford-
able housing in Monroe County:
Point
Assignment Affordable Housing
(+5) Dwelling unit(s) will be restricted to households that
derive at least seventy (70) percent of their household
income from gainful employment in Monroe County, and
the use of the dwelling unit(s) will be restricted for a
period of at least twenty (20) years to households with
an income no greater than one hundred twenty (120)
percent of the median household income for Monroe Coun-
ty.
4. Land Dedication
Points shall be assigned to Allocation Applications for pro-
posed dwelling units which include a voluntary dedication to
Monroe County of vacant, buildable lots or unplatted, buildable
land within areas proposed for acquisition by governmental
agencies for purposes of conservation or resource protection.
Page 23
ROGO04.4/TXTWHITE/Revised 6-24-92
•
Point Dedication of Vacant, Buildable
Assignment Lots/Unplatted Lands
(+2) Application inc'udeo a_c.alc..tio to Pq„�.� ,. r'cwnts of one
vacant, legally platted buildable lot or vat least one
acre of unplatted buildable land located within Conserva-
tion Areas or areas proposed for acquisition by govern-
mental agencies for purposes of conservation or resource
protection.
An additional two (2) points shall be assigned for each
additional legally platted buildable lot, and for each
one acre of unplatted buildable land located in areas
proposed for acquisition by governmental agencies for
purposes of conservation or resource protection, which
lot(s) or acreage is dedicated to Monroe County.
5. Habitat Protection
(a) Points shall be assigned to Allocation Applications for
proposed dwelling unit(s) based on the type and quality
of existing vegetation located within the area of ap-
proved clearing shown on the approved site plan:
Point Habitat Type/Habitat Quality Group within
Assignment Area of Approved Clearing
(-6) Habitat Type/Habitat Quality Group 4:
• High Hammock (high quality)
• Low Hammock (high quality)
• Pineland
• Undisturbed Beach/Berm
• Saltmarsh and Buttonwood Wetlands.
• Palm Hammock
• Cactus Hammock
(-4) Habitat Type/Habitat Quality Group 3:
• High Hammock (moderate quality)
• Low Hammock (moderate quality)
(-2) Habitat Type/Habitat Quality Group 2:
• High Hammock (low quality)
• Low. Hammock (low quality)
• Disturbed Land with Salt Marsh and Buttonwood
• Disturbed Land with Beach/Berm
(+2) Habitat Type/Habitat Quality Group 1:
• Disturbed with exotics
(b) If the approved clearing area includes more than one
habitat type/habitat quality group, points shall be
Page 24
ROGO04.4/TXTWHITE/Revised 6-24-92
•
•
assigned to the application for development on the basis
of the following formula:
total points
(^rca cf clearing in Group 1) x (+2) +
area in parcel to be cleared
(area of clearing in Group 2) x (-2) +
area in parcel to be cleared
(area of clearing in Group 3) x (-4) +
area in parcel to be cleared
(area of clearing in Group 4) x (-6) .
area in parcel to be cleared
(c) Determination of the quality of undisturbed high hammock, low ham-
mock and pinelands shall be made through utilization of the habitat
analysis indices and scores (HEI) , applied pursuant to Sec. 9.5-339,
Sec. 9.5-340 and Sec. 9.5-342 of the Monroe County Land Develop-
ment Regulations.
(d) Such habitat evaluation as contained in (a), (b), and (c) above shall
not apply to lots in legally platted subdivisions which lots are
currently served by existing infrastructure, including, at a minimum,
potable water, electricity, and paved roads.
6. Threatened or Endangered Animal Species
(a) Points shall be assigned to Allocation Applications for
proposed dwelling unit(s) based on the probable impacts
of the proposed development on the successful protection
and recovery of a threatened or endangered animal spe-
cies in its natural habitat. Points shall be assigned as
follows:
Point Potential Impact on Habitat of Threatened and Endangered
Assignment Animal Species/Potential Disturbances
to Threatened and Endangered Animal Species
(-6) Dwelling unit(s) within a known habitat of documented
threatened/endangered species.
(-4) Dwelling unit(s) within a probable or potential habitat
of threatened/endangered species.
(-2) Dwelling unit(s) within a wide-ranging threat-
ened/endangered species habitat.
(b) Where a development project impacts more than one spe-
cies, separate point assignments shall be made for each,
up to a maximum of (-6) points.
Page 25
ROGO04.4/TXTWHITE/Revised 6-24-92
(c) All habitat categories will be mapped on revised "Threat-
ened and Endangered Animal Species Maps. "
7. Acreage Tract Density Reduction
Points shall be assigned to Allocation Applications for pro-
posed dwelling unit(s) which include a voluntarily reduction of
density permitted as of right:
Point
Assignment Voluntary Reduction of Allocated Density
(+2) Application voluntarily reduces allocated density permit-
ted as of right (residential units per acre) on unplatted
acreage tracts by between fifty (50) and sixty-six (66)
percent;
(+4) Application voluntarily reduces allocated density permit-
ted as of right on unplatted acreage tracts by between
sixty-seven (67) and seventy-five (75) percent;
(+6) Application voluntarily reduces allocated density permit-
ted as of right on unplatted acreage tracts by greater
than seventy-five (75) percent.
8. Perseverance Points
An additional one (1) point shall be awarded for each year
that the applicant remains in the allocation system.
9. Water Conservation
Points shall be assigned to Allocation Applications for
proposed dwelling units which include water conservation
measures.
Point
Assignment Water Conservation Measure
(+1) Application includes ultra-low volume plumbing fixtures
for all toilets, sinks, and showers:
Toilets 1.6 gal/flush
Showerheads 2.5 gal/min
Faucets 2.0 gal/min
(+1) Application includes either:
(a) a primary water source consisting of a cistern
(12,500 gallon minimum) or reverse osmosis facility
(200 gallon per day minimum) ; or
Page 26
ROGO04.4/TXTWHITE/Revised 6-24-92
•
(b) a secondary water source consisting of a cistern
(2,500 gallon minimum) or reverse osmosis facility
(50 gallon per day minimum)
Points for alternative water systems shall not be awarded
in areas in which FKAA water connection is prohibited, as
described in Chapter 48-7, F.A.C.
10. Energy Conservation
Points shall be assigned to Allocation Applications for
proposed dwelling units which include energy conservation
measures.
Point
Assignment Energy Conservation Measure
(+1) HVAC unit has an Energy Efficiency Rating of 12 or better.
(+1) Dwelling unit has an Energy Performance Index or 70 or
lower, as calculated for Section 9 - Residential Point
System Method of the Florida Energy Efficiency Code for
building construction.
(+1) Application includes either:
(a) a solar hot water heater
(b) photovoltaic panels; or
(c) a wind generator
Points shall not be awarded for these devices in areas not
served by the Florida Keys Electric Cooperative or the
City Electric System.
11. Structural Integrity of Construction
Point
Assignment Structural Measure
(+1) Application exceeds:
the minimum flood elevation required by section
9.5-315, et seq. of this chapter by more than one
(1) foot.
(+1) Dwelling unit meets a wind load of 130 mph or greater, as
certified by a qualified engineer.
Page 27
ROGO04.4/TXTWHITE/Revised 6-24-92
111111
•
• 4 1 I \
(+1) An additional point shall be given to dwelling units
meeting a wind load of 155 m.p.h. or greater, as certified
by a qualified engineer.
(B) Additional Requirements. If an Applicant p rnrc^.ns lot ag nega-
tions pursuant to Sec. 9.5-122. 1(A)2, affordable housing pursu-
ant to Sec. 9.5-122.1(A)3, dedication pursuant to Sec.
9.5-122.1(A)4, or voluntary acreage tract density reduction
pursuant to Sec. 9.5-122.1(A)7, the Applicant shall be required
to file as part of the Allocation Application:
1. an affidavit of ownership of all affected lots, parcels,
acreage or land;
2. for dedications, . a statutory warranty deed, subject to the
approval of the Board of County Commissioners prior to
filing in the office of the Clerk of the County, which
conveys the dedicated property to the County;
3. for lot aggregations and voluntary acreage tract density
reductions, a legally binding restrictive covenant limit-
ing the number of dwelling units on the aggregated lot or
acreage tract, running in favor of Monroe County and
enforceable by the County, subject to the approval of the
Board of County Commissioners prior to filing in the
office of the Clerk of the County;
4. for affordable housing, a legally binding restrictive
covenant consistent with Sec. 9.5-266(a) (3) and (4) of
this Chapter, subject to the approval of the Board of
County Commissioners, prior to filing in the office of the
Clerk of the County;
5. Before any building permit may be issued to Applicants
who have been granted Allocation Awards based on evalua-
tion points received for lot aggregations, affordable
housing, dedication or voluntary acreage tract density
reduction, the above-mentioned affidavit and deed or
restrictive covenant must be approved by the Board of
County Commissioners, filed in the office of the County
Clerk and recorded by the County Clerk.
Section 9.5-123. Appeals.
(A) An Appeal from the decision of the Planning Commission shall be
made to the Board of County Commissioners. The notice of such
appeal shall be in a form prescribed by the Director of Planning
and must be filed in the office of the County Administrator and
with the Director of Planning within twenty (20) days of the
Planning Commission's decision. Upon the filing of an appeal,
the secretary of the Planning Commission will forward to the
Board all relevant files and records relating to the matter.
Page 28
ROGO04.4/TXTWHITE/Revised 6-24-92
t
♦i .r ••
Failure to file an appeal with the Board shall constitute a
waiver of any rights under this Chapter to further appeal the
decision of the Planning Commission on the award of dwelling
unit allocations.
(B) The filing of an appeal shall not stay either the action of the
Planning Commission or the action of the Director of Planning.
(C) If, as a result of a successful appeal, additional Allocation
Awards are to be made, the Board shall instruct the Director of
Planning as to how many dwelling units shall receive Allocation
Awards, when such Allocation Awards are to be made and what
effect such additional Allocation Awards will have on the cur-
rent annual or quarterly dwelling unit allocation, to ensure
that the residential dwelling unit allocations set forth in Sec.
9.5-121.1 are not exceeded. The Director of Planning shall
inform the Planning Commission of the results of the appeal and
the disposition of any additional Allocation awards.
Section 9.5-123.1. Conflict.
To the extent of any conflict between other County ordinances or regulations
and this Ordinance, the more restrictive is deemed to be controlling. This
Ordinance is not intended to amend or repeal any existing County ordinance
or regulation.
Section 9.5-124. Severability.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such section, subsection, sentence, clause,
phrase or portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Effective Date.
This Ordinance shall become effctive upon its approval in accordance with
law, but no earlier than the /— day of July , 1992.
Page 29
ROGO04.4/TXTWHITE/Revised 6-24-92
A
DWELLING UNIT ALLOCATION TEXT AMENDMENT
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a special meeting of said Board held on the 23rd
day of June, A.D. , 1992.
Mayor Harvey Yes
Mayor Pro Tern London Yes
Commissioner Cheal _ No
Commissioner Jones No
Commissioner Stormont Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By: A. �l / -
//
Deputy -rk /
APPROVED AS i 0 FORM
/ AND LEGAL SUFFIC JNCY
- Aftorne t,
,Y� ice
Page 30
ROGO04.4/TXTWHITE/Revised 6-24-92
J JN1•CUIQ`C�G9 Vy�
v 4, J: E4 ,
annp IL. Itortjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL. (305)743-9036 KEY WEST, FLORIDA 33040 TEL.(305)852-9253
TEL.(305)294-4641
July 1, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief f 710 509 /940,
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 016-1992 amending the Land Development Regulations of
Monroe County, regulating the rate at which the County will
issue building permits for residential dwelling units com-
mensurate with the County' s ability to maintain a reasonable
and safe hurricane evacuation clearance time; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Special Meeting in formal
session on June 23, 1992. Please file for record. i)
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit_ Court and
ex officio Clerk to the Board
of Coun Commis ion-rs
By: tr._ _ , •
Rosalie L. 'onnolly
Deputy Clerk
cc: MayorW. Harvey
Mayor Pro Tem J. London
Commissioner E. Cheal
Commissioner D. Jones
Commissioner J. Stormont
County Attorney R. Ludacer
County Administrator T. Brown
Attorney J. Hendrick
Growth Management Director R. Herman
SENDER: I also wish to receive the ' '-
•'•Complete items 1 andlor'2 for additional services.
• Complete ite 3,and 4a&b. •+ following services (for an extra j"
• Print your,eme and address on the reverse of this form so that we can fee):
• - return-thi and to.you. ti / 'li 'W-A
• Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's.Address 1'. .
does not permit.
• Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered Consult postmaster for fee.
to and the date of delivery.
3. Article Addressed to: 4a. Article Number
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4b. Service Type
❑ Registered El Insured •
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�q�w.�� ` Return Receipt for
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5. Signature (Addressee) 8. Addressee's Address(Only if requested
and fee is paid)
6. Signature (Agent)
PS Form 3811, Novem er 1990 *u.S.GPO:1991-287.068 DOMESTIC RETURN RECEIPT .
P 717 `509 196
Certified Mail Receipt
No Insurance Coverage Provided -
ara Do not use for International Mail
UNITED STATES (See Reverse) •
Sent to / ••af/W! i—h"^14
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
July 7, 1992
Z A N --11
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Honorable Danny L. Kolhage
Clerk of the Circuit Court r
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of July 1, 1992 and certified
copy of Monroe County Ordinance No. 92-16, which was filed in
this office on July 6, 1992 .
Sincerely,
111
VO
Liz Clou• , Chief -
Bureau of Administrative Code
LC/mb