Item J06BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor David Rice, District 4
The Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5
y Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
February 21, 2018
Agenda Item Number: J.6
Agenda Item Summary #3850
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289-2500
n/a
AGENDA ITEM WORDING: Discussion and direction on amending the Monroe County Land
Development Code regarding the inclusionary housing requirement for residential development after
the impacts from Hurricane Irma.
ITEM BACKGROUND:
The Monroe County Land Development Code defines Inclusionary Housing as "the resulting
affordable and/or employee housing created or preserved with the development and/or
redevelopment of a parcel where provisions of approved development agreements or orders
implement and promote affordable and/or employee housing goals, objectives and policies contained
in the plan by requiring set -asides for affordable and/or employee housing units. "
Current County regulations provide for an inclusionary housing requirement for residential
developments that result in the development or redevelopment of three (3) or more dwelling units or
ten or more mobile homes to develop or redevelop at least 30 percent of the units as affordable
housing units to implement Goal 601 of the Monroe County Comprehensive Plan and to ensure that
the need for affordable housing is not exacerbated by new residential development and
redevelopment of existing affordable housing stock.
Hurricane Irma struck the Keys on Sept. 10, 2017 as a Category 4 hurricane. No part of the Keys
was spared, although Marathon and the Lower Keys from Mile Marker 16 to 40 were hit the hardest.
The County suffered significant damage as a result of Hurricane Irma; particularly mobile homes/
manufactured units and homes built prior to recent building codes. Many homes will require repair,
redevelopment and/or reconstruction after the storm.
Staff has received questions on the application of the adopted inclusionary requirements for parcels
with residential developments damaged or destroyed by the storm, with three or more homes [ten or
more mobile homes]. Current adopted code, includes broad definitions for development (carrying
out of any building activity, the making of any material change in the use or appearance of any
structure on land or water...) and redevelopment (rehabilitation, improvement, and/or demolition
and replacement of existing development on a site) which encompasses essentially any repair or
Packet Pg. 4115
J.6
improvement on a house, other than work which affects only the color or decoration of the exterior
of the structure or interior alterations that do not change the use.
Staff is requesting BOCC input and direction on any potential amendments to change the application
of the residential inclusionary requirements:
• Should there be a distinction on properties that need repairs because of hurricane impacts?
What would be the appropriate distinction?
• What if the repairs trigger a substantial improvement? (Substantial improvement means any
repair, reconstruction or improvement of a structure, the cost of which equals or exceeds SO
percent of the pre -destruction market value of the structure)
• Should an amendment be processed to temporarily suspend the requirement?
• Should the 30% requirement be altered to a lesser or greater percentage?
• Should the inclusionary requirement under the "alternate compliance" of deed -restricting
existing dwelling units instead of building new affordable units be amended? Current code
(See Option 3) requires additional affordable units if the developers wants to retain on the
market rate units to ensure the 30% ratio is maintained.
Example: Owner/developer has 100 development rights
Option 1: Owner/developer may build up to 70 market rate runts and shall
build 30 affordable units (using conventional compliance method.) The
owner's 100 development rights yield a ratio of 70 market rate units and
30 affordable units.
Option 2: Owner/developer may build up to 70 market rate units and shall
purchase and deed -restrict 30 existing market rate units (in lieu of building
30 new affordable units.) The owner's 100 development rights again yield
a ratio of 70 market rate units to 30 affordable units.
Option 3: Owner/developer may build up to 100 new market rates. If the
developer wishes to use all 100 development rights for market rate
development, his inclusionary compliance requirement to purchase and
deed -restrict existing market rate units increases. and in this case for
example, calculates to 43 total affordable units. {The owner's 100
development rights yield a ratio of 100 market rate units to 43 affordable
units, which is equivalent to the ratio of 70 market rates to 30 affordables:
100143 = 70/30.)
There is an existing section in the inclusionary housing code which allows the BOCC to reduce,
adjust, or waive the requirements for residential inclusionary requirement, based on specific findings
of fact, with respect to any developer or property owner, that:
Packet Pg. 4116
The BOCC may reduce, adjust, or waive the requirements set forth in this
subsection (b) where, based on specific findings of fact, the board concludes,
with respect to any developer or property owner, that:
1. Strict application of the requirements would produce a result inconsistent
with the Comprehensive Plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the
development furthers Comprehensive Plan policies and the purpose and
intent of this subsection through means other than strict compliance with
the requirements set forth herein;
3. The developer or property owner demonstrates an absence of any
reasonable relationship between the impact of the proposed residential
development and requirements of this subsection (b); or
d. The strict application with the requirements set forth herein would
improperly deprive or deny the developer or property owner of
constitutional or statutory rights.
• Would the BOCC consider the impacts from the hurricane as a basis for a waiver or
reduction of the inclusionary housing requirement, based on the current code text?
• Should an amendment be processed to provide another criterion to address hurricane
impacts?
• Should an amendment be processed to provide a temporary or automatic waiver or
reduction due to hurricane impacts?
Section 125.01055, F. S., states: "Affordable housing.— Notwithstanding any other provision of
law, a county may adopt and maintain in effect any law, ordinance, rule, or other measure that is
adopted for the purpose of increasing the supply of affordable housing using land use mechanisms
such as inclusionary housing ordinances."
Related Land Development Code definitions:
Redevelopment means the rehabilitation, improvement, and/or demolition and replacement of existing development
on a site.
Development means the carrying out of any building activity, the making of any material change in the use or
appearance of any structure on land or water, or the subdividing of land into two or more parcels.
(1) Except as provided in subsection (3) of this definition, for the purposes of this chapter, the following activities or
uses shall be taken to involve "development":
a. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land
or water;
b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or
on land or a material increase in the number of businesses, manufacturing establishments, ogees or dwelling
units in a structure or on land,*
e. Alteration of a shore or bank of a seacoast, lake, pond or canal, including any work or activity which is likely
to have a material physical effect on existing coastal conditions or natural shore and inlet processes;
d. Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel of land,-
e. Demolition of a structure;
f. Clearing of land, including clearing or removal of vegetation and, including signifzeant disturbance of
vegetation or substrate (soil) manipulation, including the trimming of mangroves to the extent allowed by law, -
and
g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
Packet Pg. 4117
J.6
(2) The term "development" includes all other activity customarily associated with it. When appropriate to the
context, "development" refers to the act of developing or to the result of development. Reference to any specific
operation is not intended to mean that the operation or activity, when part of other operations or activities, is not
development. Reference to particular operations is not intended to limit the generality of this definition.
(3) For the purpose of this chapter, the following operations or uses shall not be taken to involve "development":
a. Work involving the maintenance, renewal, improvement or alteration of any structure, if the work affects only
the color or decoration of the exterior of the structure or interior alterations that do not change the use for
which the structure was eonstrueted;
b. Work involving the maintenance of existing landscaped areas and existing rights -of- way such as yards and
other nonnatural planting areas;
e. A change in use of land or structure from a use within a speeifzed eategory of use to another use in the same
eategory unless the change involves a ehange from a use permitted as of right to one permitted as a minor or
major conditional use or from a minor to a major conditional use;
d A change in the ownership or form of ownership of any parcel or structure;
e. The creation or termination of rights of access, riparian rights, easements, covenants concerning
development of land, or other rights in land unless otherwise specifically required by law; or
f. The clearing of survey cuts or other paths of less than four feet in width and the mowing of vacant lots in
improved subdivisions and areas that have been continuously maintained in a mowed state prior to the effective
date of the plan, the trimming of trees and shrubs and gardening in areas of developed parcels that are not
required open spaee and the maintenance of public rights -of -way and private aceessways existing on the
effective date of the ordinance from which this chapter is derived or approved private rights-of-way-
(4) The term "development" also means the tourist housing use or vacation rental use of a dwelling unit, or a
change to such a use (i.e., conversion of existing dwelling units to vacation rental use). Vaeation rental use of a
dwelling unit requires building permits, inspections and a eertifzeate of occupancy.
Land Development Code excerpt: (entire section attached to agenda item)
Packet Pg. 4118
J.6
(b) Inclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b)_, consistent oath Goal 601 of
the Connprehensive Plan- is to ensure that the need far affordable housing is not
exacerbated by new residential development and redevelopment of existing
affordable housing stock. The intent of this subsection is to protect the existing
affordable housing stock. to permit owmeers of mobile homes and mobile home spaces
to continue established mobile home uses consistent with current building and safety
standards and regulations and to ensure that; as residential development,
redevelopment and mobile home conversions occur, Comprehensive Plan policies
regarding affordable housing are implemented.
(2) .Aipplicability. Except as provided in subsection (b)(3) of this section, the inclusionary
housing requirements set forth below shall apply. Det nninations regarding the
applicability of this subsection shall be made by the Planning Director_ For purposes
of calculating the number of affordable units required by this subsection, density
bonuses shall not be counted and only fractional requirements equal to or greater than
.5 shall be rounded up to the nearest whole nttmber.
a_ Residential developments, other than mobile home or mobile home spaces
covered by subsection (b)(2)b. of this Section_ that result in the development or
redevelopment of three or more dwelling units on a parcel or contiguous parcels
shall be required to develop or redevelop at least 30 percent of the residential
units as affordable housing units_ Residential development or redevelopment of
three units on a parcel or contiguous parcels shall require that one developed or
redeveloped unit be an affordable housing unit. For the purpose of this section,
and notwithstanding subsection (b)(2)b_ of this section, any dwelling unit
exceeding the number of lawfully established dwelling units on site, which are
created by either a THE or R4GO allocation zarard, shall be considered
developed units_
ln. The removal and replacement with other types of dwelling units of ten or more
mobile homes that are located on a parcel or contiguous parcels andlor the
conversion of mobile home spaces located on a parcel or contiguous parcels into
a use other than mobile homes shall be required to include in the development
or redevelopment a number of affordable housing units equal to at least 30
percent of the number of existing units being removed and replaced or
converted from mobile home use or, in the event the new use is nonresidential,
to d-n-elop affordable housing units at least equal in number to 30 percent of the
nuainber of mobile homes or mobile home spaces being converted to other than
mobile home use_ Removal and replacement or conversion to a different use of
ten mobile homes or mobile home spaces on a parcel or contiguous parcels shall
require that three units be replaced or converted to deed -restricted affordable
housing.
C. In calculating the number of affordable housing units required for a particular
project. or phase of a projeM all dwelling units proposed for development or
Packet Pg. 4119
J.6
redevelopment or mobile homes or mobile home spaces to be converted from
mobile home use since the effective date of the ordinance from which this
section is derived shall be counted In phased projects, the affordable housing
requirements shall be proportionally allocated among the phases. If a
subsequent development or redevelopment is proposed following a prior
development approved on the same property as it existed as of the effective date
of the ordinance from which this section is derived, which prior development
did not meet the compliance thresholds set forth in subsection (b)(2)a or
(b)(2)b. of this section, the requirements of subsection (b)(2)a. or (b)(2)b. of this
section shall be met as part of the subsequent development for all units proposed
for development or redevelopment after the effective date of the ordinance from
which this section is derived.
(3) Exemptions and waivers.
a. The following uses shall be exempt from the inclusiamiry housing requirements
set forth in subsection (b)(2)a. of this section: affordable housing, employee
housing, nursing homes, or assisted care living facilities.
b. The BOCC may reduce, adjust; or waive the requirements set forth in this
subsection (b) where, based on specific findings of fact, the board concludes;
with respect to any developer or property owner, that
1. Strict application of the requirements would produce a result inconsistent
with the Comprehensive P1-un or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the
development furthers Comprehensive Plan policies and the purpose and
intent of this subsection through means other titan strict compliance with
the requirements set forth herein,
3_ The developer or property owner demonstrates an absence of any
reasonable relationship between the impact of the proposed residential
development and requirements of this subsection (b); or
4_ The strict application with the requirements set forth herein would
improperly deprive or deny the developer or property mnier of
constitutional or stanrto-ry rights-
C.
Any developer or property owner who believes that he may be eligible for relief
from the strict application of this section may petition the BOCC for relief under
this subsection (b)(3) of this section. Any petitioner for relief hereunder shall
provide evidentiary and legal justification for any reduction adjustment or
waiver of any requirements under this section.
PREVIOUS RELEVANT BOCC ACTION:
In 2003, the BOCC adopted Ordinance 030-2003 to establish inclusionary housing requirements
(amending Section 9.5-266(b)) for projects consisting of three or more market rate units to develop
at least 30% of the residential units beyond the firth two units as affordable.
In 2006, the BOCC adopted Ordinance 017-2006 revising the inclusionary housing requirements to
include: 1) market rate residential development or redevelopment of three or more dwelling units
shall be required to develop or redevelop at least 30% of the residential units as affordable housing,
and 2) the removal, replacement or conversion of 10 or more mobile homes shall be required to
develop or redevelop at least 30% of the residential units as affordable housing.
In 2008, the BOCC adopted Ordinance 011-2008 revising the inclusionary housing requirements to
allow an alternative compliance to the inclusionary housing requirements by allowing the developers
to deed restrict existing dwelling units as affordable housing in lieu of constructing new affordable
units.
Packet Pg. 4120
J.6
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Direction if the adopted residential inclusionary requirement
should be amended.
DOCUMENTATION:
LDC_Inclusionary Code
Ordinance 030-2003 (inclusionary housing)
Ordinance 017-2006 (inclusionary housing)
Ordinance 011-2008 (inclusionary housing)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
If yes, amount:
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
02/02/2018 2:30 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Skipped
Maria Slavik
Skipped
Emily Schemper
Skipped
Kathy Peters
Completed
02/01/2018 4:52 PM
Completed
02/02/2018 3:08 PM
02/02/2018 3:19 PM
01/23/2018 10:12 PM
01/23/2018 10:12 PM
01/23/2018 10:12 PM
02/02/2018 4:41 PM
Packet Pg. 4121
J.6
Board of County Commissioners Pending
02/21/2018 9:00 AM
Packet Pg. 4122
J.6.a
Monroe County Comprehensive Plan Update
Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
See. 139-1. Affordable and Employee Housing; Administration.
(a) Generally.
(1) Notwithstanding the density limitations in Section 130-157, the owner of a parcel of
land shall be entitled to:
a. Develop affordable and employee housing as defined in Section 101-1, on
parcels of land classified as Urban Residential (UR) at an intensity up to a
maximum net residential density of 25 dwelling units per acre and on parcels of
land classified as Mixed Use (MU) at an intensity up to a maximum net
residential density of 18 dwelling units per acre.
b. Develop affordable and employee housing, as defined in Section 101-1, on
parcels of land classified as Suburban Commercial (SC) at an intensity up to a
maximum net residential density of 18 dwelling units per acre and on parcels of
land classified as Urban Residential (UR) at an intensity up to a maximum net
residential density of 25 dwelling units per acre.
C. Develop market rate housing, as defined in Section 101-1, as part of an
affordable or employee housing project in accordance with subsection (a)(8) of
this section, provided that on parcels of land classified as Urban Residential
(UR), the maximum net residential density shall not be greater than 18 dwelling
units per acre.
(2) The maximum net residential density allowed per district and by this section shall not
require Transferable Development Rights (TDR) for affordable and employee
housing and market rate housing developed in accordance with subsection (a)(8) of
this section.
(3) Market rate housing developed in accordance with subsection (a)(8) below shall be
eligible to receive points pursuant to Section 138-28(a)(6).
(4) The requirements of this Land Development Code for the provision of impact fees
shall be waived for affordable and employee housing and any market rate housing
developed in accordance with subsection (a)(8) of this section.
(5) Notwithstanding the provisions of this article, when calculating density, any existing
lawfully established or proposed affordable or employee housing on a parcel and the
floor area thereof shall be excluded from the calculation of the total gross
nonresidential floor area development that may be lawfully established on the parcel,
provided, however, that the total residential density allowed on the site shall not
exceed the maximum net density for affordable and employee housing.
(6) In order for the owner of a parcel of land to be entitled to the incentives for affordable
or employee housing outlined in this section and Chapter 138, Articles II and III, the
owner must ensure that:
139-1 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
0-
c
aD
E
R
R
c
aD
.a
R
c
0
aD
13
0
U
R
c
0
c
U
G
J
c
a�
E
R
a
J.6.a
Monroe County Comprehensive Plan Update
a. The use of the affordable housing dwelling unit is restricted to households that
meet the adjusted gross annual income limits for median -income as defined in
Section 101-1;
b. Except as provided for under the special provisions for employer -owned rental
housing as set forth under subsection (a)(6)k of this section, if the affordable
housing dwelling unit is designed for employee housing, the use of the dwelling
is restricted to households that derive at least 70 percent of their household
income from gainful employment in the county and meet the adjusted gross
annual income limits for median income as defined in Section 101-1.
C. The use of the affordable or employee dwelling unit is restricted for the period
specified in Section 101-1.
d. Tourist housing use or vacation rental use of affordable or employee housing
units is prohibited.
e. The parcel of land proposed for development of affordable or employee housing
shall only be located within a tier III designated area or, within a tier III -A
(special protection area) designated area that does not propose the clearing of
any portion of an upland native habitat patch of one acre or greater in area.
f At the time of sale of an owner -occupied affordable unit, the total income of
households eligible to purchase shall not exceed 120 percent of the median
household income for the county. However, a unit within a class of affordable
housing eligibility may only be sold to a household within that same class, i.e., a
median income household that purchased a home within this category must sell
the home to a qualifying household within the median income category;
g. During occupancy of any affordable housing rental unit, not otherwise limited
by state or federal statute or rule concerning household income, a household's
annual income may increase to an amount not to exceed 140 percent of the
median household income for the county. If the income of the lessee exceeds
this amount, the tenant's occupancy shall terminate at the end of the existing
lease term. The maximum lease for any term shall be three years or 36 months;
h. Affordable housing projects shall be no greater than 20 units unless approved by
resolution of the county Planning Commission. The Planning Commission's
decision may be appealed to the BOCC using the procedures described in
Section 102-185, with the BOCC serving as the appellate body for the purpose
of this section only;
i. When establishing a rental and sales amount, the county shall assume family
size as indicated in the table below. This section shall not be used to establish
the maximum number of individuals who actually live in the unit. This table
shall be used in conjunction with the eligibility requirements created by Section
101-1:
139-2 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
c
aD
E
R
R
c
aD
:a
R
c
0
c
aD
0
U
R
c
0
c
U
G
J
c
aD
E
a
J.6.a
Monroe County Comprehensive Plan Update
Size of Unit
Assumed Family Size
Minimum Occupancy
Efficiency (no separate bedroom)
1
1
One bedroom
2
1
Two bedroom
3
2
Three bedroom
4
3
Four or more bedroom
5
1 per bedroom
j. Except for tenants of employer -owned rental housing, as set forth in subsection
(a)(6)k. of this section, the income of eligible households shall be determined by
counting only the first and highest paid 40 hours of employment per week of
each unrelated adult. For a household containing adults related by marriage or a
domestic partnership registered with the county, only the highest 60 hours of the
combined employment hours shall be counted, which shall be considered to be
75 percent of the adjusted gross income. The income of dependents regardless
of age shall not be counted in calculating a household's income; and
k. In the special case of employer -owned rental housing, as defined in Section
101-1, employees shall be eligible as tenants of the affordable rental housing, if
the income of each tenant, as determined following the requirements in
subsection (a)(6)j . of this section, is not more than the 80 percent of the median
income adjusted gross income for households within the county. The tenants of
this affordable employee housing shall be required to derive at least 70 percent
of their income from within the county. The maximum occupancy of employer -
owned rental housing for employees shall be no more than two tenants per
bedroom; with a maximum of three bedrooms per unit. The total monthly lease
charged tenants for each dwelling unit shall not exceed 30 percent of the median
adjusted gross annual income for households within the county, divided by 12.
(7) Commercial apartment dwelling units, as defined in Section 101-1, shall only be
eligible for the incentives outlined in this section if they meet the requirements of
subsection (a)(6) of this section for employee housing.
(8) If an affordable or employee housing project or an eligible commercial apartment
designated for employee housing contains at least five dwelling units, a maximum of
20 percent of these units may be developed as market rate housing dwelling units.
The owner of a parcel of land must develop the market rate housing dwelling units as
an integral part of an affordable or employee housing project. In order for the market
rate housing dwelling units to be eligible for incentives outlined in this section, the
owner must ensure that:
a. The use of the market rate housing dwelling unit is restricted for a period of at
least 30 years to households that derive at least 70 percent of their household
income from gainful employment in the county; and
b. Tourist housing use and vacation rental use of the market rate dwelling unit is
prohibited.
139-3 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
c
aD
E
R
R
c
aD
aD
L
R
c
0
c
aD
0
U
R
c
0
c
U
G
J
J
c
aD
E
R
a
J.6.a
Monroe County Comprehensive Plan Update
(b) Inclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b), consistent with Goal 601 of
the Comprehensive Plan, is to ensure that the need for affordable housing is not
exacerbated by new residential development and redevelopment of existing
affordable housing stock. The intent of this subsection is to protect the existing
affordable housing stock, to permit owners of mobile homes and mobile home spaces
to continue established mobile home uses consistent with current building and safety
standards and regulations and to ensure that, as residential development,
redevelopment and mobile home conversions occur, Comprehensive Plan policies
regarding affordable housing are implemented.
(2) Applicability. Except as provided in subsection (b)(3) of this section, the inclusionary
housing requirements set forth below shall apply. Determinations regarding the
applicability of this subsection shall be made by the Planning Director. For purposes
of calculating the number of affordable units required by this subsection, density
bonuses shall not be counted and only fractional requirements equal to or greater than
.5 shall be rounded up to the nearest whole number.
a. Residential developments, other than mobile home or mobile home spaces
covered by subsection (b)(2)b. of this section, that result in the development or
redevelopment of three or more dwelling units on a parcel or contiguous parcels
shall be required to develop or redevelop at least 30 percent of the residential
units as affordable housing units. Residential development or redevelopment of
three units on a parcel or contiguous parcels shall require that one developed or
redeveloped unit be an affordable housing unit. For the purpose of this section,
and notwithstanding subsection (b)(2)b. of this section, any dwelling unit
exceeding the number of lawfully established dwelling units on site, which are
created by either a THE or ROGO allocation award, shall be considered
developed units.
b. The removal and replacement with other types of dwelling units of ten or more
mobile homes that are located on a parcel or contiguous parcels and/or the
conversion of mobile home spaces located on a parcel or contiguous parcels into
a use other than mobile homes shall be required to include in the development
or redevelopment a number of affordable housing units equal to at least 30
percent of the number of existing units being removed and replaced or
converted from mobile home use or, in the event the new use is nonresidential,
to develop affordable housing units at least equal in number to 30 percent of the
number of mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different use of
ten mobile homes or mobile home spaces on a parcel or contiguous parcels shall
require that three units be replaced or converted to deed -restricted affordable
housing.
C. In calculating the number of affordable housing units required for a particular
project, or phase of a project, all dwelling units proposed for development or
139-4 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
Monroe County Comprehensive Plan Update
redevelopment or mobile homes or mobile home spaces to be converted from
mobile home use since the effective date of the ordinance from which this
section is derived shall be counted. In phased projects, the affordable housing
requirements shall be proportionally allocated among the phases. If a
subsequent development or redevelopment is proposed following a prior
development approved on the same property as it existed as of the effective date
of the ordinance from which this section is derived, which prior development
did not meet the compliance thresholds set forth in subsection (b)(2)a. or
(b)(2)b. of this section, the requirements of subsection (b)(2)a. or (b)(2)b. of this
section shall be met as part of the subsequent development for all units proposed
for development or redevelopment after the effective date of the ordinance from
which this section is derived.
(3) Exemptions and waivers.
a. The following uses shall be exempt from the inclusionary housing requirements
set forth in subsection (b)(2)a. of this section: affordable housing, employee
housing, nursing homes, or assisted care living facilities.
b. The BOCC may reduce, adjust, or waive the requirements set forth in this
subsection (b) where, based on specific findings of fact, the board concludes,
with respect to any developer or property owner, that:
1. Strict application of the requirements would produce a result inconsistent
with the Comprehensive Plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the
development furthers Comprehensive Plan policies and the purpose and
intent of this subsection through means other than strict compliance with
the requirements set forth herein;
3. The developer or property owner demonstrates an absence of any
reasonable relationship between the impact of the proposed residential
development and requirements of this subsection (b); or
4. The strict application with the requirements set forth herein would
improperly deprive or deny the developer or property owner of
constitutional or statutory rights.
Any developer or property owner who believes that he may be eligible for relief
from the strict application of this section may petition the BOCC for relief under
this subsection (b)(3) of this section. Any petitioner for relief hereunder shall
provide evidentiary and legal justification for any reduction, adjustment or
waiver of any requirements under this section.
(4) Alternate compliance.
139-5 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
J.6.a
c
aD
E
R
R
c
aD
:a
R
c
0
aD
0
U
R
c
0
c
U
G
J
c
aD
E
R
a
J.6.a
Monroe County Comprehensive Plan Update
a. Compliance with this subsection may be achieved through the deed -restriction
of existing dwelling units requiring that the affected units remain subject to the
county's affordable housing restrictions for a period not less than the period
prescribed in subsection (5)(c)3., below, according to administrative procedures
established by the county.
The following example is set forth to illustrate potential application options:
Example: Owner/developer has 100 development rights
Option 1: Owner/developer may build up to 70 market rate units and shall
build 30 affordable units (using conventional compliance method.) The
owner's 100 development rights yield a ratio of 70 market rate units and
30 affordable units.
Option 2: Owner/developer may build up to 70 market rate units and shall
purchase and deed -restrict 30 existing market rate units (in lieu of building
30 new affordable units.) The owner's 100 development rights again yield
a ratio of 70 market rate units to 30 affordable units.
Option 3: Owner/developer may build up to 100 new market rates. If the
developer wishes to use all 100 development rights for market rate
development, his inclusionary compliance requirement to purchase and
deed -restrict existing market rate units increases, and in this case for
example, calculates to 43 total affordable units. (The owner's 100
development rights yield a ratio of 100 market rate units to 43 affordable
units, which is equivalent to the ratio of 70 market rates to 30 affordables:
100/43 = 70/30.)
b. In -lieu fees. The developer of a project subject to the requirements of this
subsection (b) may contribute a fee in -lieu of the inclusionary housing
requirements for all or a percentage of the affordable housing units required by
subsection (b)(2). The developer shall pay per unit in -lieu fees the current
maximum sales price for a one -bedroom affordable unit as established under
Section 139-1(a). All in -lieu fees shall be deposited into the affordable housing
trust fund and spent solely for the purposes allowed for that fund. The
developer, along with any corresponding in -lieu fees, shall transfer to the county
ownership of the associated ROGO-exempt development rights for any
affordable unit(s) required by this section for which the in -lieu fee option is
used.
C. Land donation. Upon the acceptance of the BOCC of a proposed onsite or
offsite parcel (or parcels), a developer may satisfy the requirements of this
subsection by donating to the county, or other agency or not -for -profit
organization approved by the board, one IS or URM lot for each unit required
139-6 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
J.6.a
Monroe County Comprehensive Plan Update
but not provided through actual construction or in -lieu fees (or a parcel or
parcels of land zoned other than IS or URM as long as the donated parcel(s) will
support the development of an appropriate number of affordable units). Lots or
other parcels so provided shall not be subject to environmental or other
constraints that would prohibit immediate construction of affordable housing
units. The developer, along with any corresponding donated parcel(s), shall
transfer to the county ownership of the associated ROGO allocations or ROGO-
exempt development rights for any affordable unit(s) required under this
section.
(5) Applicable standards.
a. Incentives. All incentives and bonuses provided by the land development and
other regulations for the construction of affordable housing shall be available to C1_-
builders of affordable housing provided pursuant to this subsection (b)
c
including, but not limited to, density and floor area ratio bonuses, residential °'
E
ROGO allocation set asides and points, and impact fee waivers. R
R
b. Developer financial responsibility.
1. If a developer does not elect to meet the requirements of subsection (b)(2)
of this section through alternative compliance as set forth in subsection,
(b)(4) of this section, or obtain approval for an adjustment to, a partial
exemption from or a waiver of strict compliance pursuant to subsection
(b)(3) of this section, the developer must post a bond equivalent to 110
2
percent of the in -lieu fees that otherwise would have been required
0
through the in -lieu alternate compliance option prior to the issuance of a
aD
building permit for any market rate units. The county shall retain any bond
c
money or guaranties in escrow until the affordable housing is completed,
v
or for a period of three years, whichever comes first. Upon the issuance of
certificates of occupancy for the affordable housing units, the county shall
C
release to the developer any bonds or guaranties relating to the portion of
2
the inclusionary housing requirement satisfied. If the developer has not
c
satisfied the requirements of this section by completing the required
v�
affordable housing units within three years, all or the corresponding
portion of the bond funds shall be forfeited to the affordable housing trust
fund.
aD
2. If the applicant elects to pursue alternative compliance as set forth in
subsection (b)(4) of this section, any in -lieu fees must be paid or parcels 2
donated prior to the issuance of a building permit for any market rate unit. a
Standards. Affordable housing provided pursuant to subsection (b)(2) of this
section shall comply with the standards set forth below and applications for
development projects subject to these requirements and developers and property
139-7 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
J.6.a
Monroe County Comprehensive Plan Update
owners shall provide to the county information and necessary legal assurances
to demonstrate current and continued compliance with these provisions,
consistent with the applicable enforcement mechanisms set forth in subsection
(f) of this section, as amended or supplemented from time to time. The county
may institute any appropriate legal action necessary to ensure compliance with
this subsection.
Affordable housing units required pursuant to subsection (b)(2) of this
section are restricted to sales prices and annual rental amounts for
households that shall not exceed the adjusted gross annual income limits
for moderate -income owner -occupied or rental housing, as defined in
Section 101-1;
Affordable housing units may be sold or rented only to persons whose
total household income does not exceed the adjusted gross annual income
limits for moderate -income as defined in Section 101-1;
Except as specifically provided otherwise herein, affordable housing
dwelling units are restricted for a period of 99 years to households that
meet the requirements of subsection (b)(5)c.2. of this section;
Affordable housing units provided pursuant to subsection (b)(2) of this
section may be provided on -site, off -site or through linkage with another
off -site project as provided in subsection (c) of this section;
Affordable housing units may not be used for tourist housing or vacation
rental use;
Each affordable unit provided pursuant to subsection (b)(2) of this section
shall contain a minimum of 400 square feet of habitable floor area and the
average enclosed habitable floor area of all units so provided shall be at
least 700 square feet;
Each affordable unit provided pursuant to subsection (b)(2) shall contain a
minimum of 400 square feet of habitable floor area; and during occupancy
of any affordable housing rental unit, not otherwise limited by state or
federal statute or rule concerning household income, a lessee household's
annual income may increase to an amount not to exceed 140 percent of the
median household income for the county, to be annually verified. If the
income of the lessee household exceeds this amount, the occupancy shall
terminate at the end of the existing lease term. The maximum lease for any
term shall be three years or 36 months;
When determining eligibility criteria, the county shall assume family size
as indicated in the table set forth in subsection (a)(6)1. of this section. That
table shall not be used to establish the maximum number of individuals
who actually live in the unit, but shall be used in conjunction with the
eligibility requirements created by the definition of "affordable housing"
in Section 101-1;
The income of eligible households shall be determined by counting only
the first and highest paid 40 hours of employment per week of each
139-8 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
c
aD
E
R
R
c
aD
.a
R
c
0
c
aD
13
0
U
R
c
0
c
U
G
J
c
aD
E
a
J.6.a
Monroe County Comprehensive Plan Update
unrelated adult. For a household containing adults related by marriage or a
domestic partnership registered with the county, only the highest 60 hours
of the combined employment hours shall be counted, which shall be
considered to be 75 percent of the adjusted gross income. The income of
dependents regardless of age shall not be counted in calculating a
household's income; and
10. The county will not issue certificates of occupancy for market rate units
associated with development or redevelopment projects subject to the
provisions of this subsection (b) unless and until certificates of occupancy
have been issued for required affordable housing units, lot donations are
complete, or in -lieu fees have been paid as provided herein.
(6) Monitoring and review.
The requirements of this subsection (b) shall be monitored to ensure effective and
equitable application. Every two years following the effective date of the ordinance
from which this section is derived, the planning director shall provide to the BOCC a
report describing the impact of this subsection on the provision of affordable housing
and other market or socioeconomic conditions influencing or being influenced by
these requirements. Issues such as affordability thresholds, inclusionary requirements,
and the impacts of these provisions on the affordable housing inventory and housing
needs in the county shall be addressed, in addition to other matters deemed relevant
by the director.
(c) Linkage of projects.
Two or more development projects that are required to provide affordable housing may be linked
to allow the affordable housing requirement of one development project to be built at the site of
another project, so long as the affordable housing requirement of the latter development is
fulfilled as well. The project containing the affordable units must be built either before or
simultaneously with the project without, or with fewer than, the required affordable units.
Sequencing of construction of the affordable component of linked projects may be the subject of
the planning department or the planning commission's approval of a project. In addition, if a
developer builds more than the required number of affordable units at a development site, this
development project may be linked with a subsequent development project to allow compliance
with the subsequent development's affordable unit requirement. The linkage must be supplied by
the developer to the planning commission at the time of the subsequent development's
conditional use approval. Finally, all linkages under this subsection may occur between sites
within the county and in the cities of Key West, Marathon and Islamorada, subject to an
interlocal agreement, where appropriate; however, linkage must occur within the same
geographic planning area, i.e., lower middle and upper keys. All linkages must be approved via a
covenant running in favor of the county, and if the linkage project lies within a city, also in favor
of that city. The covenant shall be placed upon two or more projects linked, stating how the
139-9 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
c
aD
E
R
R
c
aD
:a
R
c
0
c
aD
0
U
R
c
0
c
U
G
J
c
aD
E
R
a
J.6.a
Monroe County Comprehensive Plan Update
requirements for affordable housing are met for each project. The covenant shall be approved by
the BOCC and, if applicable, the participating municipality.
(d) Affordable housing trust fund.
The affordable housing trust fund (referred to as the "trust fund") is established. The trust fund
shall be maintained with funds earmarked for the purposes of furthering affordable housing
initiatives in municipalities and unincorporated areas of the county. Monies deposited into the
trust fund shall not be commingled with general operating funds of the county. The trust fund
shall be used only for the following:
(1) Financial aid to developers as project grants for affordable housing construction;
(2) Financial aid to homebuyers as mortgage assistance, including, but not limited to,
loans or grants for down payment assistance; F.
(3) Financial incentives for the conversion of transient units to affordable residential13
c
units;
E
E
(4) Direct investment in or leveraging housing affordability through site acquisition,
housing development and housing conservation; or
R
(5) Other affordable housing purposes as may be established by resolution of the BOCC,
which shall act as trustees for the fund. The BOCC may enter into agreements or
:°
make grants relating to the use of trust funds with or to the county housing authority
N
or other local government land or housing departments or agencies, a qualified,
community housing development organization or nonprofit or for -profit developer of
affordable or employee housing, or a municipality within the county.
°
(e) Community housing development organization.
The BOCC may establish a nonprofit community housing development organization (CHDO),
aD
c
pursuant to federal regulations governing such organizations, to serve as developer of affordable
v
housing units on county -owned property, including or located in the municipalities of the county,
upon interlocal agreement. In such event, the county may delegate to the community housing
C
development organization all or partial administration of the affordable housing trust fund.
3
c
(f) Administration and compliance.
v�
0
J
(1) Before any building permit may be issued for any structure, portion or phase of a
project subject to this section, a restrictive covenant shall be approved by the
°'
E
Assistant County Administrator and county attorney and recorded in the office of the
clerk of the county to ensure compliance with the provision of this section running in
favor of the county and enforceable by the county and, if applicable, a participating
a
municipality. The following requirements shall apply to these restrictive covenants:
a. The covenants for any affordable or employee housing units shall be effective
for a period of at least 99 years.
139-10 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
J.6.a
Monroe County Comprehensive Plan Update
b. The covenants shall not commence running until a certificate of occupancy has
been issued by the building official for the dwelling unit or dwelling units to
which the covenant or covenants apply.
(2) Restrictive covenants for housing subject to the provisions of this section shall be
filed that require compliance with the following:
a. Restricting affordable housing dwelling units to households meeting the income
requirements of subsection (a)(6)a. of this section;
b. Restricting employee housing dwelling units to households meeting the income
and employment requirements of subsection (a)(6)b. of this section;
C. Restricting market rate housing dwelling units to households meeting the
employment requirements of subsection (a)(8)a. of this section; and
d. Prohibiting tourist housing use or vacation rental use of any housing developed
under the provisions of this section.
(3) The eligibility of a potential owner -occupier or renter of an affordable, employee or
market rate housing dwelling unit, developed as part of an employee or affordable
housing project, shall be determined by the planning department upon submittal of an
affidavit of qualification to the planning department. The form of the affidavit shall
be in a form prescribed by the planning department. This eligibility shall be
determined by the planning department as follows:
a. At the time the potential owner either applies for affordable housing ROGO
allocation, or applies to purchase a unit that used affordable housing ROGO
allocation; or
b. At the time the potential renter applies to occupy a residential unit that used an
affordable ROGO allocation.
(4) Except as provided in subsection (f)(5) of this section, the property owner of each
affordable employee or market rate housing dwelling unit, developed as part of an
affordable or employee housing project, shall be required to annually submit an
affidavit of qualification to the planning department verifying that the applicable
employment and income requirements of subsection (f)(2) of this section are met. The
annual affidavit of qualification shall be in a form prescribed by the Planning Director
and shall be filed by the property owner upon receiving written notification by
certified mail from the planning department.
(5) The owner -occupant of an affordable, employee, or market rate housing dwelling
unit, developed as part of an affordable or employee housing project, who has
received a homestead exemption as provided for under the state statutes, is not
required to submit an annual affidavit of qualification as required above in subsection
(f)(4) of this section if that owner -occupant was qualified previously by the planning
department. Prior to any change in ownership (including, but not limited to: sale,
139-11 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
c
aD
E
R
R
c
aD
:a
R
c
0
c
aD
13
0
U
R
c
0
c
U
G
J
c
aD
E
R
a
J.6.a
Monroe County Comprehensive Plan Update
assignment, devise, or otherwise), the owner -occupant shall be required to provide
documentation to the planning department in a form prescribed by the planning
director proving that the potential occupying household is eligible to occupy that unit
prior to a change in ownership of the property.
(6) Failure to submit the required annual verification as required in subsection (f)(4) of
this section or failure to provide documentation prior to change in ownership required
in subsection (f)(5) of this section shall constitute a violation of the restrictive
covenant, the conditions of the certificate of occupancy and this Land Development
Code.
(7) The restrictive covenants for affordable and employee housing required under this
section shall be approved by the Assistant County Administrator and county attorney
prior to the recording of the covenant and issuance of any building permit.
(8) Upon written agreement between the Planning Director and an eligible governmental
or nongovernmental entity, the Planning Director may authorize that entity to
administer the eligibility and compliance requirements for the Planning and
Environmental Resources Department under subsections (f)(3), (f)(4), (f)(5) and
(f)(6) of this section. Under such an agreement, the eligible entity is authorized to
qualify a potential owner -occupier or renter of affordable, employee, or market rate
housing developed as part of an employee or affordable housing project, and annually
verify the employment and/or income eligibility of tenants pursuant to subsection
(f)(2) of this section. The entity shall still be required to provide the Planning and
Environmental Resources Department, by January 1 of each year, a written
certification verifying that tenants of each affordable, employee, or market rate
housing meet the applicable employment and income requirements of subsection
(f)(2) of this section. The following governmental and nongovernmental entities shall
be eligible for this delegation of authority:
a. The county housing authority, not -for -profit community development
organizations, pursuant to subsection (e) of this section, and other public entities
established to provide affordable housing;
b. Private developers or other nongovernmental organizations participating in a
federal/state housing financial assistance or tax credit program or receiving
some form of direct financial assistance from the County; or
C. Nongovernmental organizations approved by the BOCC as affordable housing
providers.
(9) Should an entity fail to satisfactorily fulfill the terms and conditions of the written
agreement executed pursuant to subsection (f)(6) of this section, the Planning
Director shall provide written notice to the subject entity to show cause why the
agreement should not be terminated within 30 days. If the entity fails to respond or
is unable to demonstrate to the satisfaction of the Planning Director that it is
139-12 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
c
aD
E
R
R
c
aD
:a
R
c
0
c
aD
0
U
R
c
0
c
U
G
J
c
aD
E
R
a
J.6.a
Monroe County Comprehensive Plan Update
meeting the terms and conditions of its agreement, the agreement may be
terminated by the Planning Director within 30 days of the written notice.
(g) Interlocal affordable rate of growth allocation agreements.
The BOCC may authorize interlocal agreements between the County and the cities of Marathon,
and Key West, and Islamorada, Village of Islands for the purpose of sharing residential rate of
growth affordable housing allocations. The interlocal agreements may be based upon a specific
project proposal within one or more jurisdictions or may be for a specific allocation of units on
an annual basis, from the county to a municipality or from a municipality to the county. All
allocations made available to a jurisdiction must meet the applicable affordable housing
requirements of the receiving jurisdiction's land development regulations and affordable housing
ordinances.
<The remainder of this page intentionally left blank>
139-13 Keith and Schnars, P.A.
Land Development Code:
Final Adopted Version April 13, 2016
J.6.b
ORDINANCE NO. 030 —2003
AN ORDINANCE AMENDING SECTION 9.5-4(A-5), (M-6.2) AND (M-10), Section
9.5-122 (c) AND SECTION 9.5-266 (a), (b), (c), (d), (e), (f), (g), (h), (i), 6) and (k)
MONROE COUNTY CODE; PROVIDING FOR A REVISED DEFINITION OF
AFFORDABLE HOUSING; PROVIDING FOR AN ADJUSTABLE MAXIMUM
SALES PRICE FOR AFFORDABLE HOUSING; TO AMEND APPLICANT
ELIGIBILITY REQUIREMENTS; PROVIDING FOR LINKAGE OF
AFFORDABLE HOUSING PROJECTS; PROVIDING FOR AN AFFORDABLE
HOUSING TRUST FUND; PROVIDING FOR COMMUNITY HOUSING
DEVELOPMENT ORGANIZATIONS; PROVIDING FOR INTERLOCAL
AFFORDABLE HOUSING RATE OF GROWTH ALLOCATION AGREEMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES WHEN EFFECTIVE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners finds that the need for
affordable and employee housing has become persistent and affects a large proportion of employees in
Monroe County, and
WHEREAS, the Monroe County Board of County Commissioners wish to create opportunities
for families to obtain affordable, clean and safe housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that there are appropriate
areas within Monroe County to locate affordable housing, which shall be addressed through the Livable
CommuniKeys Planning process; and
WHEREAS, the Monroe County Board of County Commissioners finds that adjustments are
needed to distinguish income requirements among very low income, low income, median income, and
moderate income employee housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision of the
County's affordable housing regulations is necessary to address an imbalance in provisions for low
income affordable housing versus moderate income housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision of the
County's affordable housing regulations would promote the health, safety and welfare of the citizens of
Monroe County; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1. Section 9.5-4 (A-5) of Monroe County Code is amended to read as follows:
(A-5) Affordable housing refers to residential dwelling units that meet the following
requirements:
Packet Pg. 4136
J.6.b
Meet all applicable requirements of the United States Department of Housing and Urban
Development minimum property standards as to room sizes, fixtures, landscaping and building
materials, when not in conflict with applicable laws of Monroe County; and
a) Generally, affordable housing for a rental dwelling unit shall mean a dwelling unit whose
monthly rent, not including utilities, does not exceed 30 percent of that amount which
represents either 50 (very low income) or 80 (low income) or 100 (median income) or 120
(moderate income) percent of the monthly median adjusted household income for Monroe
County.
b) Affordable rental housing, very low income shall be a rental dwelling unit whose monthly
rent, not including utilities, does not exceed 30 percent of the amount which represents 50
percent of the monthly median adjusted household income for Monroe County.
c) Affordable rental housing, low income shall mean a dwelling unit whose monthly rent, not
including utilities, does not exceed 30 percent of the amount which represents 80 percent
of the monthly median adjusted household income for Monroe County.
d) Affordable rental housing, median income shall mean a dwelling unit whose monthly rent,
not including utilities, does not exceed 30 percent of the amount which represents 100
percent of the monthly adjusted median household income for Monroe County.
e) Affordable rental housing, moderate income shall mean a dwelling unit whose monthly
rent, not including utilities, does not exceed 30 percent of the amount which represents 120
percent of the monthly median adjusted household income for Monroe County.
f) Affordable housing owner occupied very low income shall mean a dwelling unit occupied
only by a household whose total household income does not exceed 50 percent of the
median monthly household income for Monroe County.
g) Affordable housing owner occupied low income shall mean a dwelling unit occupied only
by a household whose total household income does not exceed 80 percent of the median
monthly household income for Monroe County.
h) Affordable housing owner occupied median income shall mean a dwelling unit occupied
only by a household whose total household income does not exceed 100 percent of the
median monthly household income for Monroe County.
i) Affordable housing owner occupied moderate income shall mean a dwelling unit occupied
only by a household whose total household income does not exceed 120 percent of the
median monthly household income for Monroe County.
j) Affordable housing trust fund shall mean a trust fund established and maintained by the
county for revenues from fees in lieu of constructing affordable housing, and revenues
from other sources earmarked for the trust fund by state statute, land development
regulation, ordinance or donation. Funds collected for and deposited in the trust fund shall
be used exclusively for the acquisition of land for affordable housing projects, the
construction of affordable housing and for loans for down payment assistance for the
purchase of affordable housing.
k) Monthly Median household income shall mean the median annual household income for
Monroe County divided by 12.
Packet Pg. 4137
J.6.b
1) Median income, rental rates and qualifying incomes table shall mean eligibility
requirements compiled each year by the Planning Department based upon the median
annual household income published for Monroe County on an annual basis by the U.S.
Department of Housing and Urban Development and similar information for median and
moderate income levels from the Florida Housing Finance Corporation. Affordable
housing eligibility requirements for each household will be based upon median annual
household income adjusted by family size, as set forth by the U.S. Department of Housing
and Urban Development and the Florida Housing Finance Corporation. The County shall
rely upon this information to determine maximum rental rates and maximum household
incomes eligible for affordable housing rental or purchase.
Section 2. Section 9.5-4 Monroe County Code, is amended by adding a new Section 9.5-4(M-
6.2) as follows:
(M-6.2) Maximum sales price, owner occupied affordable housing unit shall
mean a price not exceeding four and one -quarter (4.25) times the annual median
household income for Monroe County.
Section 3. Section 9.5-4 (M-10) Monroe County Code, is amended to read as follows
(M-10)Median annual household income means the median of annual household income (per
household size) as published for Monroe County on an annual basis by the U.S. Department of
Housing and Urban Development.
Section 4. Section 9.5-122(c) Monroe County Code, is amended by adding subparagraph (4)
as follows:
(4) In any allocation period, as defined, the available affordable housing allocation awards shall
be granted in the following proportions:
- very low, low and median incomes, as defined herein, 50%.
- moderate income, as defined herein, 50%.
The Planning Commission may amend these proportions during any ROGO quarter.
Section 5. Section. 9.5-266(a) (6) Monroe County Code, is amended to add the following:
g. At the time of sale of an owner -occupied affordable unit, the total income of households
eligible to purchase shall not exceed 120 percent of the median household income for the
county. However, a unit within a class of affordable housing eligibility may only be sold to a
household within that same class, i.e., a median income household which purchased a home
within this category must sell the home to a qualifying household within the median income
category
h. During occupancy of any affordable housing rental unit, not otherwise limited by state or
federal statute or rule concerning household income, a household's annual income may
increase to an amount not to exceed 140 percent of the median household income for the
county. If the income of the lessee exceeds this amount, the tenant's occupancy shall terminate
at the end of the existing lease term. The maximum lease for any term shall be 3 years or 36
months.
i. Affordable housing projects shall be no greater than twenty (20) units unless approved by
resolution of the Monroe County Planning Commission. The Planning Commission's decision
3
Packet Pg. 4138
J.6.b
may be appealed to the Board of County Commissioners utilizing the procedures described in
Section 9.5-521, with the Board of County Commissioners serving as the appellate body for
the purpose of this section only.
j. Family size.When establishing a rental and sales amount, the County shall assume family size
as indicated in the table below. This section shall not be used to establish the maximum
number of individuals who actually live in the unit. This table shall be used in conjunction
with the eligibility requirements created by Section 9.5 (A-5).
Size of Unit
Assumed Family Size
Minimum Occupancy
Efficiency (no separate
bedroom)
1
1
One bedroom
2
1
Two bedroom
3
2
Three bedroom
4
3
Four or more bedrooms
5
1 per bedroom
k. The income of eligible households shall be determined by counting only the first and highest
paid 40 hours of employment per week of each unrelated adult. For a household containing
adults related by marriage or a domestic partnership registered with the county, only the
highest 60 hours of the combined employment hours shall be counted, which shall be
considered to be 75% of the adjusted gross income. The income of dependents regardless of
age shall not be counted in calculating a household's income.
Section 6. Section 9.5-266 Monroe County Code, is amended by renumbering Section 9.5-266(b)
to Section 9.5-266 (f) and by the addition of new Sections 9.5-266(b), (c), (d), and (e) as follows:
Section 9.5-266(b) Affordable housing requirement for residential projects of three (3) or more
units and in -lieu fees. New residential projects of three (3) or more units containing market rate
units or projects containing both market rate residential units and commercial floor area shall be
required to develop at least 30 percent (30%) of the residential units beyond the first two (2) units
as affordable. Each of the affordable units shall be at least 400 square feet in floor area. The
developer of the project may contribute a fee in -lieu for all or some percentage of the required
affordable units, which if approved by the Monroe County Board of County Commissioners, will
be deposited in the affordable housing trust fund. The in -lieu fee shall not be less than $50,000
per unit, representing construction cost, less land cost of the minimum size 400 square foot
affordable unit. The Planning Commission shall by resolution annually adjust the in -lieu fee
during the first quarter of each calendar year based upon the cost of construction of residential
units as contained in standard published construction cost indicators, adjusted for Monroe County.
This section does not apply to the redevelopment of existing units. This subsection does not apply
to employee housing which may be established by Section 9.5-266, Monroe County Code.
Section 9.5-266(c) Linkage of projects. Two or more development projects which are required to
provide affordable housing may be linked to allow the affordable housing requirement of one
development project to be built at the site of another project, as long as the affordable housing
requirement of the latter development is fulfilled as well. The project containing the affordable
units must be built either before or simultaneously with the project without, or with fewer than, the
required affordable units. Sequencing of construction of the affordable component of linked
projects may be the subject of the Planning Department or the Planning Commission's approval of
a project. In addition, if a developer builds more than the required number of affordable units at a
4
Packet Pg. 4139
J.6.b
development site, this development project may be linked with a subsequent development project
to allow compliance with the subsequent development's affordable unit requirement. The linkage
must be supplied by the developer to the Planning Commission at the time of the subsequent
development's conditional use approval. Finally, all linkages under this subsection may occur
between sites within the county and in the cities of Key West, Marathon and Islamorada, subject
to an interlocal agreement, where appropriate; however, linkage must occur within the same
geographic planning area, i.e. lower. middle and upper keys. All linkages must be approved via a
covenant running in favor of Monroe County, and if the linkage project lies within a city, also in
favor of that city. Said covenants shall be placed upon two or more projects linked, stating how the
requirements for affordable housing are met for each project. The covenant shall be approved by
the Monroe County Board of County Commissioners and, if applicable, the participating
municipality.
Section 9.5-266(d) Affordable housing trust fund. The affordable housing trust fund (referred to
as the "trust fund") is established. The trust fund shall be maintained with funds earmarked for the
purpose of promoting affordable housing in municipalities and unincorporated areas of Monroe
County. Monies received by the trust fund shall not be commingled with general operating funds
of the county. The trust fund shall be used for the following:
a) Financial aid to developers as project grants for affordable housing construction;
b) Financial aid to homebuyers as mortgage assistance, inclusive of loans for down payment
assistance;
c) Financial incentive for the conversion of transient units to affordable residential units;
d) Direct investment in or leverage to housing affordability through site acquisition, housing
development and housing conservation; or
e) Other affordable housing purposes may be established by resolution of the Board of County
Commissioners, which shall act as trustees for the fund. The Board of County
Commissioners may enter into agreements with the Monroe County Housing Authority, a
qualified community housing development organization created by the Board of County
Commissioners, or a municipality within Monroe County.
Section 9.5-266(e) Community housing development organization. The Board of County
Commissioners may establish a nonprofit community housing development organization (CHDO),
pursuant to federal regulations governing such organizations, to serve as developer of affordable
housing units on county -owned property, including or located in the municipalities of the county,
upon interlocal agreement. In such event, the county may delegate to the community housing
development organization all or partial administration of the affordable housing trust fund.
Section 7. Sec. 9.5-266(b) (1) Monroe County Code, as above renumbered to 9.5-266(f) (1) is
amended to read as follows:
(f) Administration and Compliance:
(1) Before any building permit may be issued for any structure, portion or phase of a project to
this section, restrictive covenants(s) shall be filed in the Official Records of Monroe County
to ensure compliance with the provisions of this section running in favor of Monroe County
and enforceable by the County and, if applicable, a participating municipality. The
covenants for any affordable housing units partly or wholly financed by a public entity shall
5
Packet Pg. 4140
J.6.b
be effective for a period of at least fifty (50) years. The covenants for any affordable
housing units relying wholly upon private non-public financing shall be effective for at least
thirty (30) years. The covenants shall not commence running until a certificate of occupancy
has been issued by the building official for the dwelling unit or dwelling units to which the
covenant or covenants apply.
Section 8. Section 9.5-266 Monroe County Code, is amended by adding a new Section 9.5-266(h)
as follows:
Section 9.5-266(h) Interlocal affordable rate of growth allocation agreements. The Monroe
County Board of County Commissioners may authorize interlocal agreements between the County
and the cities of Marathon, and Key West, and Islamorada, Village of Islands for the purpose of
sharing residential rate of growth affordable housing allocations. The interlocal agreements may
be based upon a specific project proposal within one or more jurisdictions or may be for a specific
allocation of units on an annual basis, from the County to a municipality or from a municipality to
the County. All allocations made available to a jurisdiction must meet the applicable affordable
housing requirements of the receiving jurisdiction's land development regulations and affordable
housing ordinances.
Section 9. If any section, subsection, sentence, clause, item, change, or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 11. This ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Section 12. This ordinance shall be transmitted by the Planning Department to the Department
of Community Affairs to determine the consistency of this ordinance with the Florida Statutes.
Section 13. The Director of Growth Management is hereby directed to forward a copy of this
ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code of
Ordinances once this ordinance is in effect.
( This is left intentionally blank)
6
Packet Pg. 4141
J.6.b
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 15th day of July , 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Charles "Sonny" McCoy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
1
�92 ��
z/a
By
Mayor Dixie Spehar
23 �
-- L)
Attest: DANNY L. KOLHAGE, Clerk
o.L
yes
yes
yes
CD
.� _
`'
_
r
M
3 -> "
o
0
�Cs
3
Ti
c
``
..
N7
Ca
071
0
MONROE COUNTY ATTORNEY
AP OV T FORM:
N. WOLFE
CHIEF.AkSI ANT COUNTY ATTORNEY
Date— 2 p
7
Packet Pg. 4142
J.6.b
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
+r�ouNrrc
!�J`S�;M �uip•4�op9w
,a
c� d
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
July 30, 2003
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Via Certified Mail 7002 2030 00012668 8139
Enclosed please find certified copies of the following:
Ordinance No. 030-2003 amending Section 9.5-4(A-5), (1%4-6.2) and (M-10), Section
9.5-122(c) and Section 9.5-266 (a), (b), (c), (d), (e), (0, (g), (h), (i), 0) and (k) Monroe County
Code; providing for a revised definition of Affordable Housing; providing for an adjustable
maximum sales price for Affordable Housing; to amend applicant eligibility requirements;
providing for linkage of Affordable Housing Projects; providing for an Affordable Housing Trust
Fund; providing for Community Housing Development Organizations; providing for Interlocal
Affordable Housing Rate of Growth Allocation Agreements; providing for severability; providing
for repeal of inconsistent provisions; providing for incorporation into the Monroe County Code of
Ordinances when effective; and providing for an effective date.
Ordinance No. 031-2003 approving a request of the Monroe County Planning Department
to amend the Monroe County Land Development Regulations by amending Section
9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258 that specifies restrictions on private
property adjacent to the Naval Air Station, Boca Chica; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on July 15, 2003. Please file for record.
Packet Pg. 4143
J.6.b
Ordinance Nos. 030 & 031-2003
July 30, 2003
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Comnyssioners
by:
Pamela G. Hancock, D.C.
cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File
Packet Pg. 4144
Ir
m
ra
CO
ru
r-q
C3
C3
ID
ru
ru
M
M
rt
U.S. Postal Ser► ice7M
CERTIFIED MAILTM RECEIPT '
(Domestic Mail only; No Insurance Coverage Provided)
..... vy ;i•: v .. .5 f
Postage 1 $
Certified Fee
Return Reciept Fee
(Endorsement Required)
Restricted delivery Fee
(Endorsement Required)
U
S
V
Q
bureau of Administrative Cede & Laws
------- Apt ----. - ---------------------------------------------------
Street A t No
�r eJTNcGaines Street, Suite L43
c;�►,'s�"re; ziP+�----------------------------------------------------------- Packet Pg. 4145
Tallahassee FL 32399 Ord. 030 &03
Total Postage & Fees 1
_�..P,. r-,vr- -r"IC cE'Tif)Al COMPLETE THIS SECTION ON DELI
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399
(Ord. 030 & 031-2003)
2. Article Number
(Transfer from service label)
PS Form 3811, August 2001
A. Signature
X
B. Received D
❑ Agent
❑ Ai ;ee
D. is delivery address different from item 1? ❑ Y
if YES, enter delivery address below: ❑ N
3. Service Type
)gertified Mail
❑ Registered
❑ insured Mail
❑ Express Mail
❑ Return Receipt for Me
❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑
7002 2030 0001 266
Domestic Return Receipt
ry
o�E
0
v
LM
O
a�
E
v dise
Q
Packet Pg. 4146 _-
J.6.b
W.
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
August 6, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
GLENDA E. HOOD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 30, 2003 and certified copies of Monroe County
Ordinance Nos. 030 and 031-2003, which were filed in this office on August 1, 2003.
Sincerely,
Liz Cloud
Program Administrator
LC/mp
C
> R'
N
CD
-0
O1
BUREAU OF ADMINISTRATIVE CODE • DIVISION OF ELECTIONS
The Collins Building, Room L43 • 107 W. Gaines Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 245-6282 • WWW: http://www.dos.state.fl.us Packet Pg. 4147
E-Mail: DivElections@ajnail.dos.statefLus
J.6.b
DCA Final Order No.: DCA03-OR-265
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
f"a
MONROE COUNTY ORDINANCE NO. 030-2003
.�
z,,z
rn.zC
cn
-�
rn
O
FINAL ORDERS
N
a'
The Department of Community Affairs (the "Department") hereby issues its�Einal Orfer,
'=
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2002), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On August 06, 2003, the Department received for review Monroe County Ordinance
No. 030-2003 which was adopted by the Monroe County Board of County Commissioners on
July 15, 2003 ("Ord. 030-2003"). Ord. 030-2003 amends Section 9.5-4(A-5),(M-6.2), and (M-
10): Definitions, and Seciton 9.5-122(c), Residential Rogo Allocations, and Section 9.5-266(a)
through (k) of the Monroe County Land Development Regulations. These changes require
affordable housing or specified alternatives on certain new developments within Monroe County,
create an affordable housing trust fund, and amend and add several definitions relating to
Monroe County's affordable housing program.
3. Ord. 030-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2002).
Packet Pg. 4148
DCA Final Order No.: DCA03-OR-265
J.6.b
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2002). The
regulations adopted by Ord. 030-2003 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 030-2003 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
0) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
9. Ord. 030-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 030-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
2
Packet Pg. 4149
J.6.b
DCA Final Order No.: DCA03-OR-265
_0j N 2 j-do a %.-- -Vf)'-�(-_)�
CHARLES GAUTHI R, ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 323 99-2 100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
Packet Pg. 4150
DCA Final Order No.: DCA03-OR-265
J.6.b
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the method indicated thisA 'day of September 2003.
t
n
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
Packet Pg. 4151
DCA Final Order No.: DCA03-OR-265
J.6.b
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
Packet Pg. 4152
J.6.b
Page
Belle Desantis
From: <info@municode.com>
To: <idesantis@monroe-clerk.com>
Sent: Tuesday, November 18, 2003 8:22 AM
Subject: Acknowledgment of material received
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
County,Monroe FL Code of
Ordinances - 1979(11270)
Supplement 82
Recorded: 1012112003 11:26:23 AM
We have received the following material through Hard Copy.
Document Adoption
Ordinance 6/18/2003 Amending Sec. g 5 Description
No. 026- Dwellings)to permit residential l(Existing
R tudential
2003 res
legally established before January 4, 1996
to be considered as legal residential
structures.
Ordinance 7/15/2003 Amending Land Development Regulations
No. 031- Sec. 9.5-252(C)(3)h, (AICUZ) and creating
2003 Sec. 9.5-258, that specifies restrictions on
Private property adjacent to the Naval Air
Station, BOCA CHICA.
Ordinance 7/15/2003 Amending Sections
30 9.5-4(A-5), (M_6.2 and
2003(03 (M-10), Sec. 9.5-122(c) and Sec. 9.5-266 a),
(b), (c), (d), (e), (9, (9), (h), (i), 0) and (k),
providing for a revised definition of
Affordable Housing.
Ordinance 9/17/2003 Amending Sec. 6-56(19)Monroe County
No. 035- Code, by adding a subclassification 1 A
2003 establishing a landscaping curb contractor
category.
irdinance 10/15/2003 Amending Sec. 9.5-309 and Sec. 9.5-367
, I
11/18 Packet Pg. 4153
J.6.c
ORDINANCE NO. 017 - 2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO REVISE SECTIONS 9.5-4 AND 9.5-266
REGARDING INCLUSIONARY HOUSING REQUIREMENTS;
PROVIDING FOR REGULATIONS REGARDING MULTI -UNIT
DEVELOPMENT AND REDEVELOPMENT AND MOBILE HOME
CONVERSIONS; AMENDING DEFINITIONS; AMENDING
AND/OR ADDING FOR CONSISTENCY PURPOSES RELATED
PROVISIONS; PROVIDING FOR SEVERABILITY AND REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE
DATE; PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters, and;
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
l . Monroe County and its municipalities have a mutual interest in preserving
and providing affordable housing countywide.
2. The residents of Monroe County commute between the municipalities and
the unincorporated areas of Monroe County for housing and employment.
3. The local economy is predominantly dedicated to the tourism industry,
which depends on the availability of a workforce that has access to affordable and
adequate housing.
4. The lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
5. The median sales price of single-family homes countywide increased
between 145% and 192% from 2000 to 2005.
6. The median household income increased by less than 19% over this same
period of time.
7. Median gross rent countywide increased by 46% between 1990 and 2000.
8. Even moderate income households (those earning from 120-160% of the
County median income) are in needofaffordable housing.
9. The existing inventory of housing that is affordable to residents of the
County is at serious risk due to conversions to market rate, second home, and high -end
Packet Pg. 4154
J.6.c
housing.
10. The median sales price of non -waterfront housing has increased by almost
40% since 2003.
11. Mobile homes comprise approximately 20.6% of the housing units in the
Keys.
12. The median sales price of non -waterfront mobile homes in the Keys has
increased by 30% since 2003.
13. Mobile homes represent the least expensive housing type and therefore the
housing type most available to the critical workforce and County residents at median and
moderate income levels.
14. 42% of non -waterfront mobile homes currently are valued at prices
accessible to moderate and median -income residents.
15. The implementation of this ordinance will protect this segment of the
housing stock available to moderate and median -income residents and critical workforce.
16. The requirements set forth herein are economically feasible and require
property owners to mitigate only a portion of the impact that regulated development
activities will have on the County's affordable housing shortage, and provisions
contained in the proposed ordinances provide property owners and developers with
means and opportunities to demonstrate situations where requirements are not
economically feasible or present undo hardship.
17. The amendments proposed herein permit replacement of existing mobile
homes and preservation of permitted mobile home uses consistent with existing safety
and building code regulations.
18. The amendments set forth herein will facilitate and encourage
development that includes a range of housing opportunities through a variety of
residential types, increase affordable housing opportunities within the County, and
stimulate the provision and preservation of affordable housing within the County.
19. There is limited land area suitable for residential development remaining
in the County.
20. Due to state -imposed requirements related to hurricane evacuation
standards, there are a limited number of residential building permits available on an
annual basis.
21. Requiring certain residential development and redevelopment projects to
include an affordable housing component is a legitimate state interest and is necessary to
implement Goal 601 of the plan (e.g., Policy 601.1.12; Objectives 601.2 and 601.6).
22. The unmitigated development of market -rate housing and conversion from
existing mobile home use would exacerbate affordable housing options for the County by
consuming the limited remaining developable lands in the Keys and the limited number
of development permits available.
2
Packet Pg. 4155
J.6.c
23. All set -asides for existing mobile home developments that are otherwise
amenable to conversion from established uses is in the public interest in preserving the
County's existing affordable housing stock.
24. There is a current unmet need of about 7,317 affordable units in the
County.
25. These amendments to the land development regulations specifically
further Fla. Stat. § 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights, incentive and inclusionary housing.
26. These amendments to the land development regulations are necessary to
ensure that, despite the limited availability of developable lands, the County's existing
and future housing stock includes adequate affordable housing opportunities.
27. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section 1.
Amend Sec. 9.5-4(A-5)(a) as follows:
a) Generally, affordable housing for a rental dwelling unit shall mean a dwelling unit
whose monthly rent, not including utilities, does not exceed thirty (30) percent of that
amount which represents either fifty (50) (very low income) or eighty (80) (low income)
or one hundred (100) (median income) or one hundred twenty (120) (moderate income)
percent of the monthly median adjusted household income for Monroe County.
Section 2.
Amend Sec. 9.5-4(A-5)(e) as follows:
e) Affordable rental housing, moderate income shall mean a dwelling unit whose
monthly rent, not including utilities, does not exceed thirty (30) percent of the amount
which represents one hundred twenty (120) percent of the monthly median adjusted
household income for Monroe County.
Section 3.
Amend Sec. 9.54(A-5)(i) as follows:
i) Affordable housing owner occupied moderate income shall mean a dwelling unit
occupied only by a household whose total household income does not exceed one
hundred sixty (160) percent of the median monthly household income for Monroe
County.
3
Packet Pg. 4156
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
ûÈÈÛÙÔÏ×ÎÈ íÊØÓÎÛÎÙ×
ûÈÈÛÙÔÏ×ÎÈ íÊØÓÎÛÎÙ×
ÓÎÙÐÇÉÓÍÎÛÊÃ ÔÍÇÉÓÎÕ
ûÈÈÛÙÔÏ×ÎÈ íÊØÓÎÛÎÙ×
ÓÎÙÐÇÉÓÍÎÛÊÃ ÔÍÇÉÓÎÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òÙ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
ûÈÈÛÙÔÏ×ÎÈ íÊØÓÎÛÎÙ×
ûÈÈÛÙÔÏ×ÎÈ íÊØÓÎÛÎÙ×
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ
òØ
ìÛÙÑ×È ìÕ