Resolution 320-2005
RESOLUTION NO. 320 -2005
A RESOLUTION DIRECTING THE STAFF OF GROWTH
MANAGEMENT TO CONTINUE THE POLICY OF DEFERRING THE
ACCEPTANCE AND PROCESSING OF DEVELOPMENT
APPLICATIONS AND THE ISSUANCE OF DEVELOPMENT
APPROVALS FOR THE REDEVELOPMENT OR CONVERSION OF
TEN UNITS OR MORE OF MULTI-FAMILY RENTAL HOUSING
AND/OR MOBILE HOME PARKS AND REQUESTS FOR A LAND USE
DISTRICT ZONING MAP AMENDMENT FROM URBAN RESIDENTIAL
MOBILE HOME (URM) AND URBAN RESIDENTIAL MOBILE HOME-
LIMITED (URM-L) TO ANY OTHER LAND USE WNING DISTRICT
DESIGNATION; CONTINUING THIS POLICY UNTIL NEW LAND
DEVELOPMENT REGULATIONS OR AMENDED LAND
DEVELOPMENT REGULATIONS ARE ADOPTED BY THE BOARD OF
COUNTY COMMISSIONERS OR UNTIL THE PASSAGE OF 180 DAYS
FROM THE DATE OF THIS RESOLUTION, WIDCHEVER OCCURS
FIRST; PROVIDING DEFINmONS; PROVIDING FOR RETROACfIVE
EFFECf; DIRECflNG STAFF TO CONTINUE PREPARATION OF NEW
AFFORDABLE HOUSING LAND DEVELOPMENT REGULATIONS
WHEREAS, the Board of County Commissioners discussed the need for and loss of
affordable housing for the County workforce at its meeting of January 19, 2005~ and
WHEREAS, the existing supply of employee and affordable housing is insufficient to
meet the current demand for affordable workforce housing; and
WHEREAS, the Rate of Growth Ordinance (ROGO) limits the permits for new
housing allocations in the County to maintain hurricane evacuation times~ and
WHEREAS, the loss of existing affordable housing through redevelopment is reducing
the available supply of such housing for the County workforce~ and
WHEREAS, Objective 601.3 of the 2010 Comprehensive Plan directs the County to
implement efforts to eliminate substandard housing and to preserve, conserve and enhance the
existing housing stoclc, and
WHEREAS, affordable/employee housing has been identified by the Board of County
Commissioners as one of three major commitments in the Partnership Agreement with the
State approved by the Board on January 21,2004; and
WHEREAS, multi-family rental housing and mobile home parks in the County serve a
vital role in providing affordable workforce housing for those persons who live and work in the
County~ and
WHEREAS, economic pressure is increasing to convert the existing multi-family
rental housing and mobile home parks to different housing types that are no longer affordable
for County workforce; and
WHEREAS, a number of owners of this housing are exploring the possible change of
use of their property, which will further decrease the existing supply of affordable and
employee workforce housing; and
WHEREAS, conversion of existing multi-family rental housing and/or mobile home
Affordable Housing Resolution Draft-4 amended 050815 sa
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parks into permanent residential dwellings or condominiums, some for use as "vacation
rentals", will further reduce the availability of housing units that are currently workforce and
employee housing in the County; and
WHEREAS, Florida Statute Sec. 380.0552 (7) PRINCIPLES FOR GUIDING
DEVELOPMENT requires the County to conduct programs and regulatory activities to
"0) make available adequate affordable housing for all sectors of the population of the
Florida Keys"; and
WHEREAS, in order to make effective the preservation of existing affordable housing
while the County prepares regulations to implement the Objective and Guiding Principle of
Florida Statute Sec. 380.0552(7)(j), it is necessary to temporarily halt conversions and
redevelopment of existing multi-family housing and/or mobile home parks often (10) or more
units and changes of Land Use District Zoning Map Designations from URM and URM-L; and
WHEREAS, the Board of County Commissioners recognizes the need to develop land
development regulations and programs to preserve the existing stock of affordable housing and
increase the availability of affordable housing for those who live and work in the Florida Keys;
and
WHEREAS, the "Pending Ordinance Doctrine" notice was advertised in the Key West
Citizen (2/16/2005), the Keynoter (2/19/2005), and the Reporter (2/18/2005), and several
public hearings were held concerning its application retroactive to March 1,2005;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS:
Section 1: That pursuant to the pending legislation doctrine set forth in Smith v. City of
Clearwater, 383 So. 2d 681 (Fla. 2nd DCA 1980), County staff shall continue the policy of
deferring acceptance and processing of development applications, the issuance of development
approvals for the redevelopment or conversion of ten (10) units or more of multi-family rental
housing and/or mobile home parks and requests for a Land Use District Zoning Map
Amendment from Urban Residential Mobile Home (URM) and Urban Residential Mobile
Home-Limited (URM-L) to any other land use zoning district designation,
Section 2. That this policy shall be in effect until new land development regulations or
amended land development regulations are adopted by the Board of County Commissioners or
until the passage of 180 days, whichever occurs first,
Section 3. That the following definitions apply in this Resolution:
. Conversion means a change in use as applied under Chapter 9.5, Monroe County Code.
. Mobile home park means any real property containing ten (10) or more mobile homes
that is governed by Chapters 513 and 723, Florida Statutes,
. Mobile home has the same definition as set forth in Sections 320.01(a), 513.01(3) and
723.003(3), Florida Statutes.
. Multi-family rental housing means ten (10) or more attached and/or detached dwelling
units, including mobile homes not in a mobile home park:, on a parcel or contiguous
parcels under common ownership leased or have been available for lease of tenancies
of thirty (30) days or more within three-hundred sixty five (365) days prior to the
effective date of this Resolution,
Affordable Housing Resolution Draft-4 amended 050815 sa
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. Redevelopment means the proposed removal, replacement or demolition of existing
dwelling units or mobile homes for the purpose of constructing on the property attached
or detached dwelling units that are built outside the footprints of existing structures
and/or are built to have a total enclosed habitable floor area greater than the existing
structures.
Section 4. That until expiration of the Resolution, no building permit application or
planning approval identified in Section 1 herein shall be granted pursuant to an application or
request with a submittal date of March 1, 2005 or later.
Section 5: That Growth Management staff is directed to continue the preparation and
adoption of land development regulation amendments and other supporting studies in
cooperation with the Planning Commission in order to address the need for maintaining the
stock of affordable housing for the county workforce and to address the redevelopment and
conversion of multi-family rental housing and/or mobile home parks that would exacerbate the
County's limited affordable housing supply.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the...lLt.h.. day of AUl<ust ,2005.
Mayor Dixie Spehar ~
Mayor Pro Tem Charles "Sonny" McCoy m
Commissioner Murray Nelson ill
Commissioner George Neugent Yes
Commissioner David Rice Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COllN1Y' FLORIDA
BY ,()~ m. ~
Mayor Dixie Spehar
MONROE COUNTY ATTORNEY
APPROVE S TO FORM:
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