Ordinance 011-2008
ORDINANCE NO. 011- 2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY ADDING
SECTION 9.5-266(b)(4)a. UNDER ALTERNATIVE COMPLIANCE TO
CLARIFY THAT INCLUSIONARY HOUSING REQUIREMENTS MAY
BE MET BY DEED-RESTRICTING EXISTING DWELLING UNITS AS
AFFORDABLE HOUSING IN LIEU OF CONSTRUCTION OF NEW
UNITS; PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES
\VHEREAS, 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:
1. On August 17, 2005 the Board adopted Resolution 320-2005 deferring the
acceptanc'~ of the applications for the redevelopment of ten (10) or more units of multi-family
rental housing or mobile homes located in mobile home parks in order for the County's staff and
housing consultants to complete the drafting of an "inclusionary housing" ordinance for the
County.
2. On January 18, 2006 the Board adopted Resolution 029-2006 extending the effect
of Resolution 320-2005.
3. On April 19, 2006 the Board adopted Ordinance 017-2006 establishing
"inclusionary housing" requirements for development and redevelopment which was approved by
the Florida Department of Community Affairs and which has since been as a new Section 9.5-
266(b) of1:he Monroe County Code.
4. At its July 7, 2007 meeting in Key Colony Beach, the Monroe County Workforce
Housing Task Force voted to request that the Board clarify that a developer or redeveloper could
meet the County's inclusionary housing requirements by deed-restricting as affordable housing an
appropriate number of existing dwelling units for the period prescribed for under the County's
inclusionary housing ordinance.
5. These amendments to the land development regulations specifically further Fla.
Stat. Sec. 163.3202(3) and Fla. Stat. Sec. 125.01055 by implementing innovative land development
regulation provisions such as transfer of development rights, incentive and inclusionary housing.
6. The proposed amendments to the Land Development Regulations are consistent
with and further goals, objectives and policies of the Vear 2010 Comprehensive Plan.
7. At its December 17, 2007 meeting of the Development Review Committee staff
recommended approval of the proposed ordinance.
8. At its February 5, 2008 regular meeting, the Monroe County Planning Commission
recommended approval of the proposed ordinance. At this meeting, the Planning Commission also
directed staff to include examples of compliance options in the ordinance. The Planning
Commission and this Board considered demonstrated factors supporting the proposed amendment
as outlined in the staff report and as required by Section 9.5-511 of the Monroe County Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 9.5-266(b) is amended by adding new (4) a. to read as follows:
(4) Alternative Compliance
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 I: 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 of70
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 of70 market rate units to 30
aflixdable units.
. Option 3: Owner/developer may build up to 100 new market rates.
If the developer wishes to use alii 00 development rights li)r
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 al10rdable units.
(The owner's 100 development rights yield a ratio of 100 market
rate units to 43 af[{>rclable units, which is equivalent to the ratio of
70 market rates to 30 aff{wdables:
JOO/43 = 70/30.)
b. In-lieu fees. The developer of a project subject to the requirements of this
subparagraph 9.5-266(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
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established under section 9.5-266(a)(M-6.2). 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 RaGa-exempt development rights for any affordable unites)
required by this section for which the in-lieu fee option is used.
c. Land Donation. Upon the acceptance of the board of county commissioners
of a proposed onsite or offsite parcel (or parcels), a developer may satisfy the
requirements of this subsection 9.5-4 (M-6.2) by donating to the County, or
other agency or not-for-profit organization approved by the board, one (I) IS
or URM lot for each unit required but not provided through actual
construction or in-lieu fees (or a parcel or parcels ofland 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 RaGa allocations or RaGa-exempt
development rights for any affordable unites) required under this section.
Section 2.. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved
in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state or County law, rule, code or regulation, the more restrictive shall
apply.
Section 4.. Transmittal.
This ordinance shall be transmitted by the Planning and Enviromnental Resources Department to
the Florida Department of Community Affairs to detennine the consistency of this ordinance with
the Florida Statutes and as required by F.S. 380.05(6) and (I I).
Section 5. Filing.
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 Administration
Commission approving the ordinance.
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Section 6. Effective Date; Incorporation into Code of Ordinances.
This ordinance shall become effective as provided by law and stated above and shall be
incorporated into the Monroe County Code of Ordinances at such time. Where Comprehensive
Plan amendments may be required in order for any part of this ordinance to be deemed consistent
with the Comprehensive Plan, the effective date of such part shall be as of the effective date of the
required Comprehensive Plan amendment and as otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the 19th day of March, 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNT
OF MONROE CO
BY:
OMMISSIONERS
,FLORIDA
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APPROVED AS TO FORM:
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET,. SUITE 101
KEY WEST, FLORIDA 330,~lO
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A nON KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
March 31, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
RA Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 0000 38412464
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 011-2008 adopting amendments to the
Monroe County Land Development Regulations by adding Section 9.5-266(b)(4)a. under
alternative compliance to clarify that inclusionary housing requirements may be met by
deed-restricting existing dwelling units as affordable housing in lieu of construction of new units;
providing for severability and repeal of inconsistent provisions; providing effective date;
providing for incorporation in the Monroe County Code of Ordinances.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on March 19, 2008. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to the following.
Growth Management
County Attorney
BOCC
File
CHARLIE CRIST
Governor
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fLORIDA DEPARTMENT Of STAT~
STATE LIBRARY AND ARCHNES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 4, 2008
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhagl~:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated March 31, 2008 and certified copy of Momoe County Ordinance No. 011-2008, which was
filed in this offic,: on April 3, 2008.
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Sincerely,
Liz Cloud
Program Administrator
LC/srd
DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . bttp:/ldlls.doutate.fI.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
81 ATE ARCmVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINlSTRA TlVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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1. Art\CIO Addressed to:
Ms" Liz Cloud, Program Admin.
Administrative Code " Weekly
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
(ORDINANCE 011-2008)
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7005 1160 0000 3841 2464
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DCA Final Order No.: DCA08-0R-154
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 011-2008
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007), 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 Momoe County is a local government within the Florida Keys Area.
2. On April 7, 2008, the Department received for review Momoe County Ordinance
No. 011-2008 ("Ord. 011-2008"), adopted by Monroe County on March 19,2008.
3. The purpose ofthe Ordinance is to amend Section 9.5-266 of the Monroe County
Code to protect the affordable housing stock by providing an alternative compliance to the
Monroe County inclusionary housing requirement.
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. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
. Fla. Admin. Code.
1
DCA Final Order No.: DCA08-0R-154
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. ~ 380.031(8), Fla. Stat. (2007). The
regulations adopted by Ord. 011-2008 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. 011-2008 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.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(j) To make available adequate affordable housing for all sectors
of the population ofthe Florida Keys.
9. Ord. 011-2008 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 011-2008 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.
2
DCA Final Order No.: DCA08-0R-154
DONE AND ORDERED in Tallahassee, Florida.
(;J 0 JA(} ktS1
CH ES GA THIER, AICJr
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 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 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
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.
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DCA Final Order No.: DCA08-0R-154
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 ADMINISTRATNE 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 ADMINISTRATNE 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 this~ay of June, 2008.
r~
By U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
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DCA Final Order No.: DCA08-0R-IS4
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5