Ordinance 023-2008
May 23, 2008
ORDINANCE NO.
023 -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CONCERNING GROSS ACREAGE DENSITY
CALCULATIONS FOR AFFORDABLE, EMPLOYEE AND WORKFORCE
HOUSING; AMENDING THE TEXT OF THE YEAR 2010 COMPREHENSIVE
PLAN TO ALLOW MAXIMUM NET DENSITY CALCULATIONS FOR
AFFORDABLE, EMPLOYEE, AND WORKFORCE HOUSING TO BE
CALCULATED ON A GROSS ACREAGE BASIS WHILE RETAINING OPEN
SPACE, SETBACK AND BUFFERING REQUIREMENTS; PROVIDING FOR
SEVERABILITY AND THE REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR THE TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners (the "Board")
has considered the comments of the public, recommendations of the Planning Commission,
County staff and the Workforce Housing Task Force and its counsel, the Board's direct
responsibility to the act diligently to provide affordable housing opportunities pursuant to
the authority and power granted to it by the Legislature in s. 125.01055, F.S.; and
WHEREAS, the Board makes the following Findings of Fact and cites the
following technical data and analysis from the Monroe County Year 2010 Comprehensive
Plan ("Comp Plan") as support for proposed amendment to the Comp Plan as proposed
herein:
1. The Monroe County Year 2010 Comprehensive Plan
Technical Document Housing Element 7.0 (p. 7-24) projected the number of
housing units needed for resident households of Monroe County by 2002
according to various income groups as 7,093 dwelling units for "Very Low"
income households, 5,320 dwelling units for "Low" income households, and
an additional 5,528 dwelling units needed for "Moderate" income
households; and
2. The Monroe County Year 2010 Comprehensive Plan
Technical Document Housing Element 7.0 (p. 7-33) also states that the
"public sector can provide for a variety of densities which can increase the
flexibility of the private sector to provide affordable housing in more
situations"; and
3. The Monroe County Year 2010 Comprehensive Plan
Technical Document Housing Element 7.0 (p. 7-32) also states that "[c]urrent
conditions and projected demands in Monroe County make it appropriate to
explore innovative means such as planned unit developments and cluster
construction configuration to maximize utilization of scarce land resources in
Monroe County"; and
4. The Board at a regular meeting held on February 15, 2006,
upon motion made by Commissioner Nelson and Seconded by Commissioner
Rice, unanimously approved Resolution No. 094-2006, which among other
things resolved "that the Monroe County Planning Department present to the
Monroe County Planning Commission for public hearing at the soonest
opportunity a proposed ordinance amending the County's land development
regulations and any necessary Comprehensive Plan amendments authorizing
(1) allowable density for affordable housing projects to be calculated on a
'gross' acreage or parcel sq. footage basis (versus, for example, calculation
on a 'net' of "open space" or other similar basis) ...."; and
5. The Monroe County, Florida, Affordable Housing Needs
Assessment, authored by The Metropolitan Center at Florida International
University (2007), provides additional recent data and analysis corroborating
the information set forth in the Monroe County Year 2010 Comprehensive
Plan Technical Document Housing Element 7.0 and supporting the proposed
comprehensive plan amendment (a copy of the Assessment is being provided
to the Department of Community Affairs with the submittal of this proposed
amendment).
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 confirms that "[l]and prices in Monroe County represent a
higher proportion of total development costs than in any other part of Florida" (p. 7-33); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 also states that "[l]ocal ordinances should be adopted which
ease land development requirements and construction regulations to reduce the cost of
affordable housing development" and that "[d]ensity relaxation" should be included as an
incentive to provide for affordable housing projects (p. 7-29); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 directs consideration of housing strategy guidelines,
including providing "[a] variety of residential densities" in order "to encourage the private
sector to construct a variety of housing unit types" (p. 7-36); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.12
directs the County to "adopt Land Development Regulations which may include density
bonuses, impact fee waiver programs, and other possible regulations to encourage affordable
housing"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2
directs the County 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
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6
directs the County to "formulate housing implementation programs corresponding to each of
the specific objectives defined within this element, including "incentive programs, to be
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implemented in conjunction with the Permit Allocation System, to promote the development
of affordable and elderly housing"; and
WHEREAS, the Board of County Commissioners makes the following findings of
fact:
I. A lack of sufficient affordable housing opportunities for the
local workforce creates serious risks to the local economy. Moreover,
increasingly burdensome housing costs and short supply places undue
pressure on elderly, working poor and disabled persons.
2. There is limited land area suitable for residential development
remaining in the County.
3. There is an ongoing dramatic exodus of working families and
other community members from our County with a corresponding decrease in
population and the transformation of traditionally available housing stock
into seasonal second homes making these dwelling units no longer available
for rental by present and future full-time local residents.
4. Permitting the calculation of the maximum number affordable,
employee and workforce housing units based upon gross acreage or the total
square footage of a given parcel or group of parcels will likely lead to the
creation of more affordable housing.
5. This proposed amendment to Policy 101.4.21 will complement
the 2010 Comprehensive Plan's existing housing provisions by providing
incentives for private and public sector housing creation and/or preservation
by maximizing housing uses of appropriate sites.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The following language is adopted as an amendment to the Monroe
County Year 2010 Comprehensive Plan to replace in its entirety the current Policy 101.4.21,
except that the table labeled "Future Land Use Densities and Intensities" that is now part of
Policy 101.4.21 shall not be changed by this amendment:
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards
for the future land use categories, which are shown on the Future Land Use
Map and described in Policies 101.4.1 - 101.4.17. However, the Maximum
Net Density for development or redevelopment parcels where the residential
component constitutes affordable, workforce or employee housing, as such
housing may be defined by any local, state or federal law or regulation, shall
be calculated based upon the gross acreage or total square footage ofparcel(s)
developed or redeveloped into such housing uses.
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Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. 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.
This ordinance shall become effective as provided by law.
Section 5.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15th day of October, A.D., 2008.
Mayor Mario Di Gennaro Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy No
Commissioner George Neugent No
Commissioner Dixie Spehar Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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Mario Di Gennaro, Mayor
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON Sua COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TlON KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANTATION 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
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
October 20, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160000038412402
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 021-2008 approving the request by the Monroe County Planning &
Environmental Resources Department to amend the Future Land Use Map (FLUM) designation
from Residential Conservation (RC) to Recreation (R) for property legally described as Block 3,
Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida having Real Estate
Numbers 00211090.000000 and 00211100.000000.
Ordinance No. 022-2008 approving the request by the Monroe County Planning &
Environmental Resources Department to amend the Future Land Use Map (FLUM) designation
from Mixed Use/Commerical (MC) to Recreation (R) for property legally described as
Whispering Pines Plat No.3, PB4-59, Big Pine Key Tract A, Big Pine Key, Monroe County,
Florida having Real Estate Number 00286360.000000.
Ordinance No. 023-2008 concerning gross acreage density calculations for affordable,
employee and workforce housing; amending the text of the Year 2010 Monroe County
Comprehensive Plan to allow maximum net density calculations for affordable, employee, and
workforce housing to be calculated on a gross acreage basis while retaining open space, setback
and buffering requirements.
Ordinance No. 024-2008 approving the request by Crown Four, LLC, on behalf of the
Trustees of the Big Pine Key Congregation of Jehovah's Witnesses Trust, Peter Abrahamsen and
Lucky's Landing Inc., to amend the Future Land Use Map (FLUM) designation from Institutional
(INS) to Mixed Use/Commercial (MC) of property legally described as Lot I, Part Lot 2 & Part
State Road No.5, Barry Beach, Little Torch Key, PB2-127, Monroe County, Florida, having
Real Estate Numbers 00214960.000000, 00214960.000 100 & part of 00214970-000000.
Ordinance No. 025-2008 approving the request by Seafarer Resort, LLC to amend the
Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed
Use/Commercial (MC) for property legally described as Island of Key Largo, Part Lot 10,
Monroe County, Florida, having Real Estate Number 000910 I 0.000000.
Ordinance No. 026-2008 approving the request by EL EL SI, LLC to amend the Future
Land Use Map (FLUM) designation from Residential High (RH) to Mixed Use/Commercial
(MC) for property legally described as Island of Key Largo PBI-59 Pt Lots 9 & 10 & .71 Ac Bay
Btm., Monroe County, Florida, having Real Estate Number 00091090.000000.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on October 15, 2008. Please file for record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Darmy 1. 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
7005 1160 0000 3841 2402
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CHARLIE CRIST
Governor
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~LORlDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
October 24, 2008
Honorable Danny 1. Kolhage
Clerk of Circuit Court
Momoe 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 October 20, 2008 and certified copies of Momoe County Ordinance Nos. 021-2008 through
026-2008, which were filed in this office on October 22, 2008.
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Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
RA Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399.0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850,922.4085 . http://dIis.dos.state.n.us
COMMUNITY DEVELOP}.ffiNT
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