Item S18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: Growth Management and Housing and
Community Development
Bulk Item: Yes
No -1L-
Department:
Staff Contact Person: Lisa Tennyson/292-4462
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County Board of County Conunissioners amending
the Land Development Regulations Section 9.5-266(b )(5)c.3 to increase the deed-restriction period for
inclusionary housing to 99 years; and Section 9.5-266(b )(5)c. 7 to eliminate the average size requirement, while
maintaining the minimum size requirement for inclusionary housing units.
ITEM BACKGROUND:
The Monroe County Workforce Housing Taskforce recommended this amendment at its April 10, 2008
meeting.
PREVIOUS RELEVANT BOCC ACTION:
On April 19, 2006, the Board adopted Ordinance 17-2006 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).
On March 15,2006, the Board adopted Ordinance 009-2006, which went into effect in February 2008, requiring
a 99-year deed restriction period for all future affordable and workforce housing (this did not include housing
built to comply with inclusionary requirements.)
On its June 24, 2008 meeting of the Development Review Committee staff recommended approval of the
proposed ordinance.
On its June 25, 2008 regular meeting, the Monroe County Planning Commission recommended approval of the
proposed text amendment.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty 2L OMB/Purchasing _ Risk Management
DOCUMENTATION:
Included -2L Not Required_
DISPOSITION:
Revised 8/06
AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Townsley Schwab, Acting Director of Planning ancr'f7
Environmental Resources
",...
Date: August 4, 2008
RE: Planning Commission Meeting June 25, 2008
Please be advised that the Planning Commission at its June 25, 2008 meeting voted
unanimously 5-0 to approve their Resolution No. P37-08 amending Monroe County Code
Section 9.5-266 to increase the deed restriction period for affordability for inclusionary
housing to 99 years and eliminate the average square footage requirement while
maintaining the minimum square footage for requirement for afford affordable dwelling
units.
',-" Monroe C-OUD'ty. ()~9~th Ma,.~ge~ent tfi~'is'ion
Pag~ 1
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Division of Housing and Community Development
STAFF REPORT
TO:
Board of County Commissioners
FROM:
Lisa Tennyson
Affordable Housing Coordinator
THROUGH:
Andrew Trivette, Division Director Growth Management
DATE:
July 28, 2008
SUBJECT:
PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
MEETING DATE: August 20,2008
I. PROPOSED AMENDMENT:
The proposed amendment increases the deed-restriction period from 30 years to 99 years
for affordable units built (or deed-restricted) to comply with inclusionary housing requirements
set forth in 9.5-266(b). It also eliminates the requirement that housing units built (or deed-
restricted) to comply with inclusionary requirements have an average floor area of 700 square
feet. It does, however, maintain the minimum square footage size requirement of 400 square
feet.
A. Previous County Action:
In 2006, the County adopted an inclusionary housing Ordinance 17-2006 relating to
trailer parks and other multiple dwelling unit residential developments. The amendment
seeks to modify two of its applicability standards by amending section 9.5-266(b)(5)(c) 3
to increase the deed-restriction period, and amending section 9.5-266(b)(5)(c)7 to
eliminate the average square footage requirement.
In 2006, the County adopted Ordinance 09-2006 relating to affordable housing that
increased the deed-restriction period for all affordable housing (but not including
inc1usionary units) to 99 years. That ordinance was held up as part of the Tier challenge,
but is now in effect.
In March 2008, the County adopted an amendment to its inclusionary housing section
that clarified that compliance with inclusionary requirements could be met by purchasing
existing market rate units and deed-restricting them to affordable uses, in lieu of building
new units. That amendment is currently pending with the Department of Community
Affairs.
On June 25, 2008, the Monroe County Planning Commission heard and approved the
proposed text amendment.
B. Sponsor:
The Workforce Housing Taskforce recommended this amendment at its April 10, 2008
meeting.
C. Characteristics of the proposed text amendment:
The proposed amendment will increase the deed restriction period for inclusionary
housing units from 30 years to 99 years, so that in the future, all forms of affordable
housing (including inclusionary units, ground lease properties and individual homes built
with affordable RaGas) will now be deed-restricted for 99 years.
The proposed amendment will also eliminate the average size requirement for
inclusionary units. Currently, the code requires a minimum size of 400 square feet for
inclusionary housing units and an average size of all units of 700 square feet. The
amendment will require builders/developers to build their required number of units at the
required minimum size but relieve them of having to build one or two of those units at a
bigger size simply to meet the average size requirement.
II. ANALYSIS:
A. Consistency with the Land Development Regulations
County requirements for amendments to the land development regulations: Pursuant
to Section 9.5-511(d)(5)b of the Monroe County code, the Board of County
Commissioners may consider the adoption of an ordinance enacting proposed changes to
the text or maps based on one or more of the following factors, for which the following
justification is provided:
(i) Changed projections (e.g., regarding public service needs) }rom those on
which the text or boundary }VGS based;
None.
(ii) Changed assumptions (e.g., regarding demographic trends);
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The County has encouraged preservation of affordable housing stocks through
required redevelopment of a percentage of dwelling units in residential
development and redevelopment projects as "affordable" units and protecting
their long-term affordability.
(iii) Data errors, including errors in mapping, vegetative types and natural
features described in Volume 1 of the plan;
None.
(iv) New issues;
The County adopted an inclusionary housing ordinance in 2006 and
clarifications to that ordinance strengthen and better facilitate its purpose.
This amendment does that.
(v) Recognition of a needfor additional detail or comprehensiveness; or
The Workforce Housing Taskforce and County staff have recognized that
modifying some of the applicability standards for inclusionary housing by
increasing the deed-restriction period and eliminating the average size
requirement can fully serve the overall intent of the County's inclusionary
housing ordinance and lend planning stability and options for potential
housing developers and thereby encourage continued activity in the affordable
housing development and redevelopment area.
(vi) Data updates.
None.
B. Consistency with the Principles for Guiding Development in the Florida Keys Area
of Critical State Concern
The proposed text amendment is consistent with the Principles for Guiding Development
as a whole and is not inconsistent with any principle. Specifically, the amendment
furthers:
Principle (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.
Principle (j) To make available adequate affordable housing for all sectors of the
population of the Florida Keys.
And
3
Principle (1) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource.
III. FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. The proposed text amendment is justified by three of the factors in Section 9.5-511 of the
Monroe County Code, which the BOCC may consider for amending the land use
regulations:
(ii) Changed assumptions (e.g.. regarding demographic trends);
(iv) New issues; and
(v) Recognition of a needfor additional detail or comprehensiveness.
2. The proposed text amendment is consistent with the following Principles for Guiding
Development in the Florida Keys Area of Critical State Concern:
Principles (a), (j) and (I)
3. The proposed text amendment is in the interest of the public welfare.
The amendment to the land development regulations contribute to the set of overall
programs and policies designed to preserve and protect the County's existing and future
affordable housing stock.
IV. ST AFF RECOMMENDATION
Approval.
4
ORDINANCE NO.
- 2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 9.5-266 OF THE MONROE COUNTY
CODE TO INCREASE THE DEED RESTRICTION PERIOD FOR
AFFORDABILITY FOR INCLUSIONARY HOUSING TO 99 YEARS;
ELIMINATING THE AVERAGE SQUARE FOOTAGE REQUIREMENT WHILE
MAINTAINING THE MINIMUM SQUARE FOOTAGE REQUIREMENT FOR
AFFORDABLE DWELLING UNITS; PROVIDING FOR SEVERABILITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SUBMISSION TO
THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has considered the comments of the public,
recommendations of the Planning Commission, recommendations of County Staff and the Workforce
Housing Task Force; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Florida Legislature has found and declared that:
(a) There exists in counties and municipalities of the state a severe shortage of housing affordable to
residents of low or moderate income, including the elderly; that the existence of such condition
affects the health, safety, and welfare of the residents of such counties and municipalities and retards
their growth and economic and social development; and that the elimination or improvement of such
condition is a proper matter of state policy and state concern and is for a valid and desirable public
purpose. See S 163.335(6), F.S.
(b) Within this state there is a shortage of housing available at prices or rentals which many persons
and families can afford, and a shortage of capital for investment in such housing. This shortage
constitutes a threat to the health, safety, morals, and welfare of the residents of the state, deprives the
state of an adequate tax base, and causes the state to make excessive expenditures for crime
prevention and control, public health, welfare, and safety, fire and accident protection, and other
public services and facilities. See S 159.602(1), F.S.
(c) Such shortage cannot be relieved except through the encouragement of investment by private
enterprise and the stimulation of construction and rehabilitation of housing through the use of public
financing and the provision of low-cost loans to purchase affordable housing. See S 159.602(2), F.S.
(d) The failure of the state to commit sufficient resources to address the severe housing problems
has resulted in many residents of this state continuing to live in substandard or unaffordable housing
or without shelter. See S 420.0002(2), F,S.
(e) Escalating land and predevelopment costs and project financing contribute to the overall cost of
housing and tend to restrict the development of housing affordable to very-low-income persons, low-
income persons, and moderate-income persons. See S 420. 420.0002(7), F.S.
(f) It is necessary to create inducements and opportunities for private and public investment in such
activities in this state with appropriate planning, land use, and construction policies necessary for the
public welfare. See S 420.502(5), F.S.
(g) Existing state housing programs do not provide an adequate remedy to meet current or future
housing needs. See S 420.0002(8), F.S.
(h) As a matter of public policy, special programs are needed to stimulate public and private
enterprises to build and rehabilitate housing in order to provide decent, safe, and sanitary conditions
for very-low-income persons, low-income persons, and moderate-income persons. See ~
420.0002(9), F.S.
(i) Decent, safe, and sanitary housing for persons of very low income, low income, and moderate
income are a critical need in the state. See S 420.6015(2), F.S
U) New and rehabilitated housing must be provided at a cost affordable to such persons in order to
alleviate this critical need. See S 420.6015(2), F.S.
(k) For these reasons, private capital and existing state housing programs do not provide an adequate
remedy to this situation.
(I) New and rehabilitated housing must be provided at a cost affordable to such persons in order to
alleviate this critical need. See S 420.6015(2), F.S.
(m) For these reasons, private capital and existing state housing programs do not provide an adequate
remedy to this situation.
2. Monroe County and its municipalities have a mutual interest in preservlllg and providing
affordable and workforce housing countywide.
3. There is limited land suitable for residential development remaining in the County.
4. The County has implemented land development regulations requiring residential development
and redevelopment to have an affordable housing component and which requires those
affordable/workforce housing units be deed-restricted for a period of thirty (30) years.
5. The County has expended considerable resources in encouraging the creation and preservation of
affordable housing and has initiated a program of long-term ninety-nine (99) year leasing of
County-owned real property acquired for affordable and workforce housing uses. Such leases
have been designed for use with both for-profit and not-for-profit developers of affordable and
workforce housing,
6. The County has initiated a requirement that all future affordable and workforce housing dwelling
units be deed-restricted for a period of ninety-nine (99) years.
7. The implementation of this ordinance will protect and preserve in perpetuity the segment of the
housing stock that is available to low, median, and moderate-income residents and critical
workforce.
8. 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.
9. The proposed amendments to the Land Development Regulations are consistent with and further
goals, objectives and policies of the Year 2010 Comprehensive Plan.
10. On June 24, 2008 the Development Review Committee heard and approved this proposed text
amendment.
11. On June 25, 2008, the Monroe County Planning Commission heard and approved this proposed
text amendment. .
2
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The preceding findings support its decision to approve the amendments to the Land Development
Regulations of the Monroe County Code as provided herein.
Section 2.
Section 9.5-266(b)(5)c.3. is amended as follows:
3. Except as specifically provided otherwise herein, affordable housing dwelling
units are restricted for a period of at least thirty (30) ninety-nine (99) years to
households that meet the requirements of 2. above; and
Section 9.5-266(b )(5)c. 7. is amended as follows:
7. Each affordable unit provided pursuaht to subsection (b )(2) shall contain a
minimum of four hundred (400) square feet of habitable floor area and the Q','erage
enclosed habitable floor area of all units so provided shall be at least seven hundred
(700) square feet; and
Section 3.
Section 4. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is
held invalid, the remainder of this ordinance shall not affected by such validity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 6. This ordinance shall be transmitted to the Secretary of State and by the Planning Department
to the Department of Community Affairs pursuant to Chapter 163, Florida Statutes.
Section 7.
This ordinance shall become effective as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting held on the 20th day of August, 2008.
Mayor Mario Di Gennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
MARIO Dr GENNARO, MAYOR
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
APPROVED AS TO FORM:
3
PLANNING COMMISSION RESOLUTION NO. P37-08
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS AMENDING SECTION 9.5-
266 OF THE MONROE COUNTY CODE TO INCREASE THE
DEED RESTRICTION PERIOD FOR AFFORDABILITY FOR
INCLUSIONARY HOUSING TO 99 YEARS; ELIMINATING
THE AVERAGE SQUARE FOOTAGE REQUIREMENT WHILE
MAINTAINING THE MINIMUM SQUARE FOOTAGE
REQUIREMENT FOR AFFORDABLE DWELLING UNITS;
PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
SUBMISSION TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Planning Commission has considered the
comments of the public, recommendations of County Staff and the Workforce Housing
Task Force; and
WHEREAS, on June 25, 2008, the Monroe County Planning Commission heard and
approved this proposed text amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY PLANNING
COMMISSION:
Section 1. The preceding findings support its decision to recommend approval of the
amendments to the Land Development Regulations of the Monroe County Code as provided
herein.
Section 2.
Section 9.5-266(b)(5)c.3. is amended as follows:
3. Except as specifically provided otherwise herein, affordable housing dwelling units
are restricted for a period of at least thirty (30) ninety-nine (99) years to households
that meet the requirements of 2. above; and
Section 3.
Section 9.5-266(b)(5)c.7. is amended as follows:
7. Each affordable unit provided pursuant to subsection (b )(2) shall contain a
minimum of four hundred (400) square feet of habitable floor area and the ayocage
enclosed habitable floor area of all units so pro';ided shall be at least se'len hundred
(700) square feet; and
Section 4. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not affected by such validity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. This ordinance shall be transmitted to the Secretary of State and by the Planning
Department to the Department of Community Affairs pursuant to Chapter 163, Florida Statutes.
Section 7. This ordinance shall become effective as provided by law.
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 25th day of June, 2008
Randolph D. Wall, Chair
James D. Cameron, Vice Chair
John Marston, Commissioner
Donna Windle, Commissioner
Jeb Hale, Commissioner
yes
yes
yes
yes
yes
PLANNING COMMISSION OF MONROE COUNTY,
FLORIDA
By
Randolph D. Wall, Chair
Signed this
day of
,2008.
APPROVED AS TO FORM:
2