Ordinance 019-2008
ORDINANCE NO. 0 19 - 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:
I. The Florida Legislature has fuund and declared that:
(a) There exists in counties and municipalities of the state a severe shortage ofhousing 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 ~ 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 fucilities. See ~ 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 ~ 159.602(2), F.S.
(d) Th(: 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 ~ 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 ~ 420. 420.0002(7), F.S.
(t) It is necessary to create inducements and opportunities fur private and public investment in such
activities in this state with appropriate planning_ land use, and construction policies necessary for the
public welfare. See ~ 420.502(5), F.S.
(g) Existing state housing programs do not provide an adequate remedy to meet current or future
housing needs. See ~ 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 ~ 420.6015(2), F.S
(j) New and rehabilitated housing must be provided at a cost affordable to such persons in order to
alleviate this critical need. See ~ 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 ~ 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 preserving 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 uuits be deed-restricted for a period of thirty (30) years.
5. The County has expended considerable resources in encouraging the creation and preservation of
affi)rdable 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 developa1>le 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 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 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 pursuant to subsection (b)(2) shall contain a
minimum offour hundred (400) square feet of habitable floor area; and
Section 2.
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 S. 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 Departm.imt 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 Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
Commissioner Dixie Spehar Yes
BY
BOARD OF COUNTY COMMISSIONERS
OF~1f~
MARIO DI GENNARO, MAYOR
:J: ....,
= -q
0 0 =
z J'..-'" ""'
::::0 ("'"J;:: (.I) 1""1
C) '7:'- FT1 ':J
P1.".':".-; "
:;;~ "
no --~j
C) C-) , ..0
.--"_.
N "
:;<~. J;, :x :
....., - ~
..
r" CJ1
::> w
APPROVED AS TO FORM
A AND LEG~9UFFJ~Y I
BY. ~~ A~'
~ ATTORNEY'S 0 . CE ""I
DATE~ :>f....L.__ ;:.--.-' C? J .)..c.,,-1--
APPROVED AS TO FORM:
3
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MAI{ATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
September 19, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee 10L 32399-0250
Via Certified Mail 7005 1160000038412419
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 0 I 9-2008 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeling, held in formal session, on August 20, 2008. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3 I 30.
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 thefollowing:
Growth Management
County Attomey
BOCC
File
~1i<iiiWJ<~
FLORIDA DEPARTMENT OJ STATE
. ..
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
September 23, 2008
Honorable Danny 1. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated September 19,2008 and certified copy of Monroe County Ordinance No. 019-2008, which
was filed in this office on September 22, 2008.
Sincerely,
~~
:J: Cl
~ ):>
;u ::r::
o ("")-:c'"
rr: S; :~~
-C7" ,-'
c:::' (""';". ,
......
=
=
...
(.I)
rrI
-0
N
\.C
'0".'"'1
-,
Liz Cloud
Program Administrator
--:-i
,-
:p.
:I>
:x
S'
w
w
LC/srd
DIRECTOR'S OFFICE
RA Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245,6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245,6600 . FAX; 850.245.6744
STATE ARCHIVES 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
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
7005 1160 0000 3841 2419
~: ~ 2li III ~
~"~ ~
-~')> i
. di" "
O!~ .
m 9Pl
i ::>;'"" ll>
, ~~
h10~
ga 5"
_- c:. to
{;';~
k"ch
,I'> 'it
:VJ <D
,<0 ~
:<0 .
ib
II'>
101
\0
\
') P'
SENDFf' ')",'" l fl !Hi>; SECTiON
. eom~ 1telI'lI1. 2. and 3. PJSO complete
\tem 4 " Restncted DelIVery is desired.
. Print yao1l name and address on the re'erse
SO tlUIt we can l8Wrn the card to you.
. A~ this card to the bee\< of tne rnalipiece,
or on the !rOOt " space permitS.
1.,6<tIcle~to:
l"IOIlIe.l'I\ I><dl'l'llniStl6.tor
I><dl'l\lnI6t1e.ti'le Code and 'J'Iee\<.I':I
R.I><, Gle.':I 6ulldln9
500 south 610noU9\'1 stleet
"Tallahassee. flo1ida 32399-0250
COMPLETE THIS SECTION ON ut:.LlVU;)
o Agent
o Add"'....
G. oate 01 oeli"ery
A. Signature
)l OE-Pi. Of S1Arr
a. ReceiVed by ( printed Nama)
n~
D.,.dSINel'iadd_d_n,flOIl\MI017
I1YES'et1:~\~~r
o YeS
01'10
3. 5eJ"'co Type
6 eenlf\ed Mall 0 Ex~ Mall
o fleglstered 0 fletU'" flecelpt 10f Marchend'"
o In.ured Mall 0 C.O.D.
.. flestfIcted oelNery'I (EXl'8 Faa) 0 YeS
~o11
2. _Ie NOlObe'
___ tram servICe labeO
7005 11bO 0000 3B41 2419
10Z595-02-M-1540
-::
oomestlc Return ReC8ipt
DCA Final Order No.: DCA08-OR-338
•
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
N
In re: MONROE COUNTY LAND — 0 - ,,
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY CD ~-
rri
• ORDINANCE NO. 019-2008 r,• r- (" ,3{
(-)•
'3 C.. a
na
-<�! rrt
FINAL ORDER
The Department of Community Affairs (the "Department")hereby issues'its Final Erder,
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 Monroe County is a local government within the Florida Keys Area.
2. On September 23, 2008, the Department received for review Monroe County
Ordinance No. 019-2008 ("Ord. 019-2008"), adopted by Monroe County on August 20, 2008.
3. The purpose of the Ordinance is to amend 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.
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-OR-338
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. 019-2008 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. 019-2008 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 of the Florida Keys.
9. Ord. 019-2008 is consistent with the Principles for Guiding Development as a
whole.
10. Ord. 019-2008 is consistent with the Monroe County Comprehensive Plan Goal
601, relating to the adoption of programs and policies to facilitate access by all current and future
residents to adequate and affordable housing; Policy 601.1.12, encouraging density bonuses,
impact fee waiver programs and other possible regulations to encourage affordable housing;
Objective 601.2, to adopt programs and policies to encourage housing of various types, sizes and
price ranges to meet the demands of current and future residents; and Objective 601.6, to
formulate affordable housing implementation programs.
WHEREFORE, IT IS ORDERED that Ord. 019-2008 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
2
DCA Final Order No.: DCA08-OR-338
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.
R-LJ- (AA » I )-)t ar -
CHARLES GAUTHIER, AICP
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 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
3
DCA Final Order No.: DCA08-OR-338
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.
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 aill399rt copies have been furnished
to the persons listed below by the method indicated this ay of November, 2008.
Pau a Ford, Agency C erk
4
DCA Final Order No.: DCA08-OR-338.
By U.S. Mail:
Honorable Mario Di Gennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
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