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
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3. Article Addressed to:
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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
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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