Ordinance 006-2001
Ordinance Ng06_2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FILED BY THE PLANNING DEPARTMENT TO AMEND THE
AFFORDABLE HOUSING CRITERIA IN MONROE COUNTY
LAND DEVELOPMENT REGULATIONS SECTIONS 122.3.
(6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.;
DELETION OF SECTIONS 9.5-266 (a)(4) b., 9.5-266 (a)(4) d.,
9.5-266 (a)(4) g., AND 9.5-266 (a)(4) h.; RENUMBERING OF
AND AMENDMENT TO SECTIONS 9.5-266 (a)(4) e., 9.5-266
(a)(4) d.; AND CREATION OF NEW SECTIONS 9.5-266 (a)(4)
b., 9.5-266 (a)(5), AND 9.5-266 (a)(6) TO EXPAND THE
ELIGIBILITY FOR QUALIFYING FOR AFFORDABLE
HOUSING ROGO ALLOCATIONS TO INCLUDE VERY-LOW
TO MEDIAN INCOME HOUSEHOLDS WHO DO NOT MEET
THE REQUIREMENT OF AT LEAST SEVENTY PERCENT
(70%) OF THEIR ANNUAL HOUSEHOLD EARNINGS FROM
EMPLOYMENT IN MONROE COUNTY.
WHEREAS, the Development Review Committee met on November 21, 2000
and conducted a public meeting and recommended approval to the Planning
Commission of the proposed amendments; and
WHEREAS, the Monroe County Planning Commission at the public hearing on
December 11, 2000 in Marathon conducted a review and consideration of the request
of the Planning Department to amend Monroe County Land Development Regulations,
sections 122.3. (6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of
sections 9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and 9,5-266 (a)(4) h.;
renumbering of and amendment to sections 9.5-266 (a)(4) e., 9.5-266 (a)(4) d.; and
creation of new sections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand
the eligibility criteria for qualifying for affordable housing ROGO allocations; and
WHEREAS, the Planning Commission made the following Finding of Facts and
Conclusions of Law:
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"1. Based on Section 9.5-511 of the Monroe County Code (MCC), the planning
Commission finds that the Board of County Commissioners may consider a
text amendment to the Land Development Regulations if at least one of the
w ..,six criteria is met.
,..:;)' .,.1
~. :~... The Board of County Commissioners and the Planning Department are
r3~""concerned that the current affordable housing criteria in LDR does not
:;;':~5 provide opportunities for our elderly and disabled population who meet the
:.1 .8 income criteria for affordable housing. Therefore, the Planning Commission
:;=.:5g: conclude that the proposed text amendment to eliminate the "70" percent
:~u~ earnings requirement from the affordable housing criteria, and to establish
a i: "70" percent earning of household income from employment in Monroe
County for commercial apartments and employee housing, is consistent with
Affordable Housing Monroe County Code Ordinance
Page 1 of 4
the requirement enumerated in section 9.5-511 (5)(d)b. (iv) (New Issues) of
the Monroe County Code.
2. Based on Goal 601 of the Monroe County Year 2010 Comprehensive Plan,
we find that the County shall improve access to affordable housing for all
current and future residents, In addition, based on Policy 601.4.3 of the
Monroe County Year 2010 Comprehensive Plan, we find that the county
shall expand affordable housing opportunities for the elderly, Therefore, the
Planning Commission concludes that the proposed text amendment is
consistent with and furthers the goals of the Monroe County Year 2010
Comprehensive Plan."
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 9.5-122.3 (6) of the land Development Regulations shall be
amended to read as follows:
Section 9.5-122.3 Evaluation criteria.
(6) Affordable housing The following points are intended to increase the
supply of affordable housing.
Point Assignment
Criteria
+5
An application which proposes a
dwelling unit which meets the
definition of affordable housing and
restricts the dwelling unit to a
household with a gross annual
income limit as defined in Section
9.5-4 (A-5).
Section 2.
Section 9.5-266 (a) of the Land Development Regulations shall be
amended to read as follows:
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(3) Before any certificate of occupancy may be issued for any structure,
portion or phase of a projects subject to this section, restrictive
covenant(s), limiting the required number of dwelling units to households
meeting the income criteria described in paragraph (4)a. or (4)b. of this
subsection running in favor of Monroe County and enforceable by the
county, shall be filed in the official records of Monroe County. The
covenant(s) shall be effective for twenty (20) years but shall not
commence running until a certificate of occupancy has been issued by
Affordable Housing Monroe County Code Ordinance
Page 2 of4
the building official for the dwelling unit or units to which the covenant or
covenants apply.
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
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 subsection 9.5-4 (A-5); and,
b. If the affordable housing dwelling unit is designated for employee
housing or commercial apartments, the use of the dwelling is
restricted to households that derive at least seventy (70) percent
of their household income from gainful employment in Monroe
County; and meet the adjusted gross annual income limits for
median-income as defined in subsection 9.5-4 (A-5); and
c. The use of the affordable housing dwelling unit is restricted for a
period of at least twenty (20) years to households that meet the
requirements of paragraph (4)a. or b. above; and,
d. The size of an affordable housing dwelling unit shall be limited by
a condition to be placed on the development permit which restricts
the habitable space of the unit to a maximum of one thousand
three hundred (1,300) square feet for a period of at least twenty
(20) years.
(5) The eligibility of a potential owner-occupier or renter of an affordable
housing dwelling unit or an affordable housing dwelling unit designated as
a commercial apartment or employee housing, 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
utilized an affordable housing ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit
that utilized an affordable housing ROGO allocation.
(6) The planning department shall:
a. Review the lease agreement for an affordable housing unit on an
annual basis to ensure that the rent for the unit does not exceed
the affordable rent standard for the unit pursuant to subsection
9.5-4(A-5); and,
b. Review the lease agreement and letter of employment and/or
occupation license of an occupant of a commercial apartment or
employee housing on an annual basis to ensure that the occupant
is gainfully employed in Monroe County.
Affordable Housing Monroe County Code Ordinance
Page 3 of 4
Section 3.
Section 4.
Section 5.
c. Review annual verification statement from business certifying that
employee housing is occupied by employees meeting income
criteria in subsection 9.5-266(a)(4)b.
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 invalidity.
All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of the said conflict.
This ordinance shall be filed in the Office of the Secretary of State, of the
State of Florida, but shall not become effective until a notice is issued by
the Department of Community Affairs or Administrative Commission
approving this ordinance.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida, at a regular meeting held on the 22nd day of February I A.D.,
2001.
Mayor George Nugent yes
Mayor Pro Tem Nora Williams yes
Commissioner Sonny McCoy yes
Commissioner Murray Nelson yes
Commissioner Dixie Spehar yes
BOARD OF COUNTY COMMISSIONERS
OF M::;::U;F~DA ~(f-1
Mayor/Chairperson
ATTEST: DANNY K. KOLHAGE, CLERK
~~
Affordable Housing Monroe County Code Ordinance
Page 4 of 4
1!lannp I.. Itolbage
BRANCH OFFICE
3117 OVERSEAS lllGHWA Y
MARATIlON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF TIlE CIRCUIT COURT
MONROE COUNTY
500 WlllTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
March 7, 2001
.. '.
BRANCH OFFICE
88820 OVERSEAS lllGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
'''~
Via Certified Mail 7099 340000059118 7241
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 006-2001 approving the request fIled by the Planning Department to
amend the Affordable Housing Criteria in Monroe County Land Development Regulations
Sections 122.3.(6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of Sections
9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and 9.5-266 (a)(4) h.; renumbering of and
amendment to Sections 9.5-266 (a)(4) e., 9.5-266 (a)(4) d.; and creation of new sections 9.5-266
(a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand the eligibility for qualifying for Affordable
Housing ROGO Allocations to include very-low to median income households who do not meet
the requirement of at least seventy percent (70%) of their annual household earnings from
employment in Monroe County.
Ordinance No. 007-2001 approving a request by Clinton Miller to amend the Future
Land Use Map from mixed use commercial (MC) to residential medium (RM) for properties
described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key Largo, located
in Section 14, Township 62, Range 38, at approximately mile marker 94.5.
Ordinance No. 008-2001 approving the request by Clinton Miller to amend the Land Use
District (Zoning) Map from suburban commercial (SC) to improved subdivision (IS) for
properties described as Lots 5 & 6 and adjacent bay bottom, re-sub Seaside Subdivision, Key
Largo, located in Section 14, Township 62, Range 38, at approximately mile marker 94.5.
Cc: Board of County Commissioners
County Administrator w/o documents
Growth Management
County Attorney
File /
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 22, 2001. Please file for record.
Ordinance No. 011-2001 adopting an amendment to the Monroe County Year 2010
Comprehensive Plan adding Objective 101.20 and Policy 101.20.1 consisting of a Livable
Communikeys Element including principles for the development of local communities plans.
...
Ordinance No. 010-2001 approving the request by Monroe County to amend the Land
Use District (Zoning) Map from recreational vehicle district (RV) to improved subdivision district
(IS) for 21 properties in Blocks 1 & 2 of Seaside Subdivision Addition 1 and Block 3 of Seaside
Subdivision, Key Largo, located in Section 14, Township 62 South, Range 38 East, at mile
marker 95.
Ordinance No. 009-2001 approving the request to amend the Future Land Use Map from
mixed use commercial (MC) to residential medium (RM) for 21 properties in Blocks 1 & 2 of
Seaside Subdivision Addition 1 and Block 3 of Seaside Subdivision, Key Largo, located in
Section 14, Township 62 South, Range 38 East, at miler marker 95.
Ordinance No. 006-2001 through
Ordinance No. 011-2001
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March 7,2001
Page 2
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERV A nON BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RINGLlNG MUSEUM OF ART
FLORIDA DEPARfMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
March 19,2001
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated March 7, 2001 and certified copies of Monroe County
Ordinance Nos. 006-2001 through 011-2001, which were filed in this office on
March 16,2001.
Sincerely, tl~
~ 0J.au&
Liz Cloud, Chief
Bureau or Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
. _ "I
DCA Final Order No. DCAOI-0R-067
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: A LAND DEVELOPMENT REGULA nON
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 006-2001
DCAOI-0R-067
"FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6) & (11), and ~ 380.0552(9), Fla. Stat. (2000), regarding 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. On March 15,2001, the Department received for review Monroe County Ordinance
No. 006-2001 which was adopted by the Monroe County Board of County Commissioners on
February 22, 2001 ( "Ord. 006-2001"). Ord. 006-2001 broadens the flexibility of criteria
associated with qualifying for an affordable housing allocation, by removing the constraint of
requiring an affordable housing household to derive at least seventy percent (70%) of its income
from gainful employment in Monroe County.
2. Ord. 006-2001 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
3. 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) & (11), and ~ 380.0552(9), Fla. Stat. (2000).
..
DCA Final Order No. DCAOI-0R-067
4. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
5. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2000). The regulations
adopted by Ord. 006-2001 are land developm~nt regulations.
6. 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"). The Principles are construed as a whole and no specific provision is construed or
applied in isolation from the oth~r provisions. ~ 380.0552(7), Fla. Stat. (2000).
7. Ord. 006-2001 promotes and furthers Principle (j), "To make available adequate
affordable housing for all sectors of the population of the Florida Keys." Ord. 006-2001 is not
inconsistent with the remaining Principles. S380.0552(7), Fla. Stat. (2000). Ord. 006-2001 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 006-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
2
..,
DCA Final Order No. DCAOI-0R-067
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.
J. MAS BECK, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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 At'1Y 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 MAYBE 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
3
- _-1
DCA Final Order No. DCAOI-OR-067
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.
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.
4
_1
DCA Final Order No. DCAOI-0R-067
CER11fIC..&IE_QF FILI1:iO AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct
~ haye been furnished to the persons listed below by the method indicated this .ll'l-/;my of
"-'- I ,2001. f\^.
\ ,~ C;~pa-o
~ Paula Ford, Agency Clerk
By U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
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
Bv Hand Delivery or Interagency Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
5