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Ordinance 013-2000 ORDINANCE # 013-2000 AN ORDINANCE APPROVING AMENDMENTS TO RESIDENTIAL ROGO'S AFFORDABLE HOUSING -, o PROVISIONS OF THE MONROE COUNTY YEAR 2010 o c' . COMPREHENSIVE PLAN, INCLUDING PORTIONS OF pm W r 2 �. C3 POLICIES 101.2.4, 101.5.4 AND 601.1.11 WHICH ADD nr,.t FLEXIBILITY TO THE RESIDENTIAL ROGO " cri ALLOCATIONS AND PROVIDE POSITIVE POINT - 1' �. OPPORTUNITIES FOR MODEST HOUSING. THIS T c' cm) ORDINANCE ALSO ADDS POLICY 101.5.10 WHICH CREATES OPPORTUNITIES FOR NEW " o. DEVELOPMENT BY TRANFERRING EXISTING TRANSIENT AND RESIDENTIAL UNITS AND SPACES. WHEREAS,the Monroe County Year 2010 Comprehensive Plan(2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS,the permit allocation system is comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, the residential permit allocation system has been enacted as the Residential Rate of Growth Ordinance (residential ROGO); and WHEREAS, residential ROGO has been effective since July 13, 1992; and WHEREAS, 2010 Plan policies related to residential ROGO will be modified by these amendments proposed herein; and WHEREAS, over five years of experience with residential ROGO has illuminated areas for improvement, clarification and increasing effectiveness; and WHEREAS,the 2010 Plan recognizes affordable housing as an important issue facing Monroe County and its residents; and WHEREAS, recent affordable housing initiatives, such as those proposed by the Monroe County Affordable Housing Joint Task Force, warrant changes to ROGO; and WHEREAS, currently Policy 101.2.4 of the 2010 Plan directs the County to allocate 20 percent of residential (non-transient) growth to affordable housing units as part of residential ROGO; and whereas any portion of the 20 percent allocation not used for affordable housing shall be allocated to general (market rate)housing; and Affordable Housing Policy Ordinance Page 1 of 8 WHEREAS, the intended balance of affordable and market rate housing detailed in Policy 101.2.4 of the 2010 Plan has not been achieved; and WHEREAS, affordable housing initiatives are expected to increase the demand for affordable housing beyond the limits imposed by the 20% residential ROGO allocation awards set aside for affordable housing; and WHEREAS, the ROGO amendments detailed in this ordinance encourage the development of housing for middle and lower income residents; and WHEREAS, currently Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate substandard housing and enhance existing housing; and WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favor redevelopment over new development; and WHEREAS, hotel rooms, mobile homes, campsites, RV spaces and residential units are all currently subject to residential ROGO; and WHEREAS, amending residential ROGO so that subject to certain restrictions, eligible units can be transferred off-site without going through ROGO provides a mechanism to eliminate substandard housing, enhance existing housing and redevelop residential and hotel uses throughout the Keys; and WHEREAS, the ROGO amendments detailed in this ordinance will help create a diverse housing stock, that includes multi-family units and commercial apartments, that meet the needs of middle and lower income residents; and WHEREAS, the ROGO amendments detailed in this ordinance encourage development of homes built to meet the needs of residents from a range of lower and middle income categories, as well as a range of housing types; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, currently the extra points necessary to successfully compete in the market ROGO category involve substantial financial investments; and Affordable Housing Policy Ordinance Page 2 of8 WHEREAS, Policy 601.1.7 ofthe 2010 Plan requires Monroe County to ensure that homes stay affordable for at least 20 years; and WHEREAS, the ROGO amendments detailed in this ordinance represent the beginnings of an integrated and holistic affordable housing strategy; and WHEREAS, making homes with modest characteristics eligible for extra ROGO points, could increase the range of housing types in the County that meet the needs of middle and lower income residents for the long term; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate sub-standard housing and enhance existing housing; and WHEREAS, amendments to residential ROGO contained in this ordinance are developed in manner consistent with the 2010 Plan and all applicable requirements of Chapters 163 and 380 of the Florida Statutes, including the 'Principles For Guiding Development'; and WHEREAS, the ROGO amendments detailed in this ordinance, particularly the Transfers of ROGO Exemptions (TREs), provide a mechanism to eliminate substandard housing and to enhance existing housing; and WHEREAS, the Board of County Commissioners, during a regular meeting held on August 11, 1999, conducted a review of an amendment to the 2010 Plan filed by the Planning Department to add flexibility to residential ROGO, and to provide positive point opportunities for modest housing and create opportunities for new development by transferring existing residential and transient units and spaces; and WHEREAS, the Planning and Environmental Resources Departments as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Department of Community Affairs (DCA) has reviewed the proposed amendment and objects to Policy 101.5.4 which allows positive points for utilizing TREs without defining TREs or establishing detailed criteria for their use; and WHEREAS, the DCA recommends that the proposed amendment be revised to include a policy that defines the concept of TREs and establishes appropriate guidelines for their use; and WHEREAS, in this ordinance the concept of TREs are explained and appropriate guidelines for their use are established; and Affordable Housing Policy Ordinance Page 3 of8 WHEREAS, having addressed the objections and implemented the recommendations of the DCA in this ordinance, the Planning Department continues to recommend approval of the amendment; and WHEREAS, the Board of County Commissioners considers the data and analysis provided to the agency to be sufficient to warrant the proposed amendment and therefore, makes no substantive revisions to the staff report or ordinance; and WHEREAS, on February 17,2000, the Board of County Commissioners, after due notice and public participation in the public hearing process, conducted a public "adoption hearing" to consider adopting the proposed amendment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Policy 101.2.4 shall be amended and read as follows (the strike-through and underline format is used to indicate additions and deletions to this section): Policy 101.2.4 Monroe County shall allocate at least 20 percent of residential (non-transient) growth to affordable housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation must meet the criteria specified in Policy 601.1.7. The parcel proposed for development shall not be located in an acquisition area and shall not qualify for negative points according to the criteria specified under Habitat Protection and Threatened or Endangered Animal Species in Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. Section 2. Policy 101.5.4 shall be amended and read as follows (the strike-through and underline format is used to indicate additions and deletions to this section): (19) Modest Housing - Points shall be assigned to encourage the development of residential dwelling units with characteristics that make them relatively less expensive than similar residential dwelling units that lack these characteristics. Affordable Housing Policy Ordinance Page 4 of8 Detached Residential Dwellin2 Unit Weighting Category Criteria minor positive An application which qualifies for infill ROGO points under Policy 101.5.4 and which proposes the development of a detached residential dwelling unit that utilizes a ROGO allocation and contains one thousand three hundred (1,300) square feet, or less, of habitable space. The parcel of land proposed for developing a detached residential dwelling unit shall not qualify (or ne[?ative environmental points under Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not eli[?ible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain one thousand three hundred (1,300) square feet, or less, of habitable space. minor positive Additional points shall be earned for proposing a detached modular residential dwelling unit. minor positive Additional points shall be earned for proposing a detached residential dwelling unit on a non-waterfront property. Attached Residential Dwellin2 Unit Weighting Category Criteria minor positive An application which qualifies for infill ROGO points under Policy 101.5.4 and which proposes the development of an attached dwelling unit that utilizes a ROGO allocation and contains one thousand three hundred (1,300) square feet, or less, of habitable space. The parcel of land proposed for developing an attached residential dwelling unit shall not qualify (or ne[?ative environmental points Affordable Housing Policy Ordinance Page 5 of8 under Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not elif(ible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain one thousand three hundred (1,300) square feet, or less, of habitable space. minor positive Additional points shall be earned for proposing an attached modular residential dwelling unit. minor positive Additional points shall be earned for proposing an attached residential dwelling unit on a non-waterfront property. minor positive An application shall earn an additional point for proposing an attached residential dwelling unit that utilizes a residential transfer of ROGO exemption (TRE), on a one for one basis (see Policy 101.5.10). Section 3. Policy 101.5.10 shall be added and read as follows (the underline format is used since this is an entirely new section): Policy 101.5.10 Monroe County may develop a pro~ram, called Transfer of ROGO Exemption (TRE), that would allow for the transfer off-site of dwellin~ units, hotel rooms, recreational vehicle spaces and mobile homes to another site in the same ROGO subarea, provided that they are lawfully existin~ and can be accounted for in the County's hurricane evacuation model. In addition, the new site would not be eligible for any ne~ative environmental points under ROGO with the exception of those properties desi~nated Residential Hi~h. When a multiple-family housin~ development utilizes a TRE, any other units in that same project that are permitted throu~h the ROGO process may be eli~ible for minor positive points on a one for one basis. Affordable Housing Policy Ordinance Page 6 of8 Section 4. Policy 601.1.11 shall be amended and read as follows (the strike-through and underline format is used to indicate additions and deletions to this section): Policy 601.1.11 By the effective date of this Plan, Monroe County shall adopt Land Development Regulations which provide that at least twenty (20) percent of residential building permits will be reserved for single or multi-family affordable housing. (See Technical Document, Section 7.2.1 and Future Land Use Policy 101.2.4). Affordable housing eligible for this separate allocation shall meet the criteria established in the Land Development Regulations. Section 5. Section 6. Section 7. Section 8. Section 9. The existing Monroe County Year 2010 Comprehensive Plan shall be amended with the language as stated above under Sections 1 through 4. The provisions of this ordinance shall be included and incorporated in the Policy Document of the Monroe County Year 2010 Comprehensive Plan as an addition or amendment thereto. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. This ordinance is hereby transmitted to the state land planning agency for approval or disapproval pursuant to Section 380.0552, Florida Statutes. Affordable Housing Policy Ordinance Page 7 of8 Section 10. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapters 163 and 380 of the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the 17th day of February , A.D., 2000. Mayor Shirley Freeman Mayor Pro Tem George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Commissioner Nora Williams Yes Not Present Yes Yes Yes ANNY L. KOLHAGE, CLERK G~ RM NCY Affordable Housing Policy Ordinance Page 8 of8 1Dannp lL. I\olbagt BRANCH OFFICE 3117 OVERSEAS lllGHWA Y MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS lllGHWA Y PLANTATION KEY, FLORIDA 33070 lEL. (305) 852-7145 FAX (305) 852-7146 February 25,2000 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 008-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from mixed use/commercial fishing (MCF) to residential medium (RM) and/or conservation (C) for properties described as Lots 1-8, 11-13, 19-20, 25-27, 32, 36-38, 41-47, amended plat of Bahia Shores Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County Florida~ and Lots 2-7, 11-17,20-33, 40-44 amended plat of Dolphin Harbor Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida~ and unplatted properties on No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida having the following real estate numbers: 00108040-000100, 00108040-000101, 00108040-000102, 00108040-000103, 00108040-000104, 00108040-000105, 00108040-000106, 00108040-000300, 00108040-000301, 00108040-000302, 00108040-000303, 00108040-000304, 00108040-000400, 00108040-000401, 00108040-000500, 00108040-000600, 00108040-000700, 00319491-000100, 00319491-000200, 00319491-000400, 00319491-000500, 00319491-000600, 00319491-000700, 00319491-000800, 00319491-001100, 00319491-001200, 00319491-001300, 00319491-001900, 00319491-002000, 00319491-002500, 00319491-002600, 00319491-002700, 00319491-003200, 00319491-003600, 00319491-003700, 00319491-003800, 00319491-004100, 00319491-004200, 00319491-004300, 00319491-004400, 00319491-004500, 00319491-004600, 00319491-004700, 00319491-004800, 00319491-004900, 00319491-004901, 00319492-000200, 00319492-000300, 00319492-000400, 00319492-000500, 00319492-000600, 00319492-000700, 00319492-001100, 00319492-001300, 00319492-001400, 00319492-001500, 00319492-001600, 00319492-001700, 00319492-002000, 00319492-002100, 00319492-002200, 00319492-002300, 00319492-002500, 00319492-002700, 00319492-002800, 00319492-002900, 00319492-003000, 00319492-003100, 00319492-003200, 00319492-003300, 00319492-004000, 00319492-004400, 00319492-004100, 00319492-004500, 00319492-004200, 00319492-004600. 00319492-004300, Ordinance No. 009-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan: from agriculture (A)!mixed use-commercial (MC)!residential low (RL)! residential conservation (RC) to mixed use-commercial (MC)!residential low (RL)!residential conservation (RC) for property described as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number 00 114150-000000~ and from residential low (RL )!residential conservation (RC) to mixed use-commercial (MC)! residential low (RL)!residential conservation (RC) for property described as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number 001l4150-000300~ and from residential conservation (RC) to agriculture (A) for property described as a portion of Lot 4, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number 00114120-000000. Ordinance No. 010-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential medium (RM) to mixed use-commercial (MC) for property described as Lots 521, 522, and 523-534, Port Largo fifth addition, Key Largo Section 33, Township 61 South, Range 39 East~ with the following RE numbers: 00453475-013700,00453475-0013800, and 00453475-014100. Ordinance No. 011-2000 approving the request by the Planning Department to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential high (RH) to residential medium (RM) for property described as all of Lots 1-9 of Block 2, all of Lots 2-7 of Block 1, and an unnumbered Lot in Block 1, Paradise Point Subdivision, Key Largo Section 1, Township 61 South, Range 39 East, with the following real estate numbers: 00513270-000000, 00513280-000000, 00513290-000000, 00513300-000000, 00513310-000000, 00513320-000000, 00513330-000000, 00513340-000000, 00513440-000000, 00513450-000000, 00513460-000000, 00513470-000000, 00513480-000000, 00513490-000000. Ordinance No. 012-2000 approving amendments to the Rate of Growth Ordinance (ROGO) of The Monroe County Code, including Sections 9.5-4, 9.5-122 and 9.5-122.3 by providing additional definitions, adding flexibility and adding positive point opportunities for modest housing. Ordinance No. 013-2000 approving amendments to residential ROGO's affordable housing provisions of the Monroe County Year 2010 Comprehensive Plan, including portions of policies 101.2.4, 101.5.4 and 601.1.11 which add flexibility to the residential ROGO allocations and provide positive point opportunities for modest housing. This Ordinance also adds policy 101.5.10 which creates opportunities for new development by transferring existing transient and residential units and spaces. Ordinance No. 014-2000 recommending approval of the request filed by Monroe County to change the Future Land Use Map from residential low (RL) to recreation (R) for properties located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Ordinance No. 015-2000 approving the request filed by Monroe County to change the Land Use District Map from sparsely settled (SS) to park and refuge (PR) for properties located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf Course. Ordinance No. 016-2000 approving the request by Monroe County to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to conservation (C) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor. Ordinance No. 017-2000 approving the request by Monroe County to change the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to recreation (R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Watson Field, Ramrod Key Swimming Hold, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein Park. Ordinance No. 018-2000 approving the request by Monroe County to change the Land Use District Map from various zoning designations to conservation district (CD) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor. Ordinance No. 019-2000 approving the request by Monroe County to change the Land Use District Map from various zoning designations to park and refuge district (PR) for Friendship Park, Key Largo Community Park, Harry Harris Park, Old Settler's Park, Blue Heron Park, Watson Field, Ramrod Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein Park. Ordinance No. 020-2000 approving the request by property owner Ida Welborn to change the Future Land Use Map designation of the 2010 Comprehensive Plan for Lots 10 and 11, resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from residential medium (RM) to mixed use/commercial (M/C). Ordinance No. 021-2000 approving the request by property owner Ida Welborn to change the official Land Use Map (zoning) designation for Lots 10 and 11, resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from improved subdivision (IS) to suburban commercial (SC). These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on February 17, 2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hanco~ G.~~ Cc: Board of County Commissioners County Administrator w/o document County Attorney Growth Management File o Complete nems 1 and/or 2 for addnional services. Complete nems 3, 4a, and 4b. o Print, your name and address on the reverse of this form so that we can retum this card to you. o Attach this form to the front of the mailpiece, or on the back if space does not permn. o Write "Return Receipt Requested" on the mailpiece below the article number. o The Retum Receipt will show to whom the artide was delivered and the date delivered. 3. Article Addressed to: ~ SENDER: iii Gl ~ ~ ! Gl .c , .. 'c o " Gl m ~ Mrs. Liz Cloud. Chief reau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 ()vc4~~f ... Oc. .02.1 _ 5. Received Y: 'fint Name) C e.MI\.\ 51 .. ~ o >- .!!J. --. PSI Z 408 337 280 The Elliott Building P~~~MIM9ftme ree Postage Certified Fee Restricted Delivery F 10 ~ Return Receipt Showing ...... Whom & Date Defivered ~ Relun Receip Showing to Whom. <( Date, & Adcressee's Address g TOTAL Postage & Fees CO C') Postma!\< Or Date I 1 E Qv-d;_..-. IUCIS o U- en ll.. 'f.1-h\'iC ell c.1C- oog- Oz., - LOOo I also wish to receive the follow- ing services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery ai u "> .. Gl f/l Q. 'iij U Gl II: c .. ~ .. Gl II: Dl C iii ~ .. .E ~ o >- ~ c as ~ 4a'ZleN~~rg 3-5 4b. Service Type / o Registered [J'tertified o Express Mail 0 Insured o Retum Receipt for Merchandise 0 COD 7. Date of Delivery F E B 2 9 2000 8. Addressee's Address (Only if requested and fee is paid) h Receipt DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of AdminIstrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach COWlty Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough COWlty Preservation Board RING LING MUSEUM OF ART FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS February 29,2000 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of February 25, 2000 and certified copies of Monroe County Ordinance Nos. 08-2000 through 21-2000, which were filed in this office on February 28,2000. Sincerely, ~~$L Liz Cloud, Chief Bureau of Administrative Code LC/mp ~ c::> 't:;) ~ :b. IS ..,., ~R!f iE ;::: C")~""'(' :.:tJ' rry C':::)C"'):-- 1ft:::) ~.$~ Co :!1 ~ot2 ,~ .:t) "'rl'- .;:t:- .::t:1 r- ~_~~ !"~ no; ,. ,.... C') c:::>., t:) Co; .:t.) 'c:::1 BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 · (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.tl.us · E-Mail: election@mail.dos.state.jl..us