Item Q20BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/19/09 Division: Growth Management
Bulk Item: Yes No X
Department: Planning
Staff Contact: Andrew O Trivette
AGENDA ITEM WORDING:
Consideration of an ordinance amending the Monroe County Land Development Code, Sections 130-161, 138-
22, and 138-24, to allow the Tier IIIA clearing standards that apply to market rate residential and commercial
development to also apply to affordable residential development.
1" 30a.TXG):It" Z'1010013
The Land Development Regulations that control lot clearing within Tier IIIA designated property presently
allow clearing for market rate housing and non-residential uses, while prohibiting lot clearing for affordable
housing. The proposed amendment applies the same lot clearing standards for affordable housing that are
presently applied to market rate housing and non-residential land uses within Tier IIIA property. This proposal
was recommended by the Affordable Housing Advisory Committee on April 10, 2008 and recommended for
approval by the Monroe County Planning Commission on November 18, 2008.
PREVIOUS RELEVANT BOCC ACTION:
On June 16, 2004, the BOCC adopted Ordinance 018-2004 which designated conservation and natural areas
and established lot clearing standards for those areas.
On March 15, 2006, the BOCC adopted Ordinance 09-2006, revising Sections 9.5-120-123 and Sections 9.5-
125-140 (Rate of Growth Ordinance) and revising Section 9.5-266 (Affordable and Employee Housing),
limiting affordable housing in Tier III areas.
On April, 19, 2006, the BOCC adopted Ordinance 16-2006, which revised Ordinance 09-2006, amending
Section 9.5-266 to restrict affordable housing from the Tier IIIA Special Protection Area that required lot
clearing of one or more acres.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Denial
TOTAL COST: N/A BUDGETED: Yes X No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
From: Andrew O. Trivette, Growth Management Director
Date: March 4, 2009
Subject: Request for Amendments to Sections 130-161, 138-22, and 138-24, Monroe
County Land Development Regulations
Meeting: March 18, 2009
2 I REQUEST
3
4 The Monroe County Affordable Housing Task Force is recommending amendments to the
5 Land Development Regulations to allow the Tier IIIA clearing standards that apply to market
6 rate residential and commercial development to also apply to affordable residential
7 development.
9 Section 130-161 Affordable and Employee Housing; administration.
10
11 130-161(a)(6)(e): The parcel of land proposed for development of affordable or
12 employee residential use shall only be located within Tier III or within Tier IIIA
13 (Special Protection Area), designated area that does net propose the elear-ing ef any
15
16
17 Section 138-22. Type of Development not affected.
18
19 138-22.(2)b.2. Transfer to affordable housing: An affordable housing unit may be
20 developed if the receiver unit meets all of the following criteria:
21 (i) The proposed unit is an affordable house pursuant to sections 101-1 and 130-
22 161; and
23 (ii) Is located in the same ROGO sub -area as the sender site; and
24 (iii) Is located in a tier III designated area or within a tier III -A (special protection
25 area) designated area and does net propose the elear-i g of -a -my pet4io rvr-ccri
26 upland nµtiye habitat pa ra f o e (I) ue gr-eeAer-or is located in a
27 Velocity (V) zone.
28
29
30
31 Section 138-24. Residential ROGO allocations.
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• 138-24(c)(4): No affordable housing allocation shall be awarded to applicants located
within a Tier 1 designated area, within a V-zone on the county's flood insurance
rating map or within a Tier II designated area on Big Pine Key and No Name Key_ or-,
II PROCESS
In accordance with the provisions set forth in Sec. 102-158 of the Monroe County Code
(MCC), amendments may be proposed by the Board of County Commissioners (BOCC), the
Planning Commission, the Director of Planning, or the owner or other person having a
contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process the text and map amendment applications as they are
received and pass them on to the Development Review Committee and the Planning
Commission for recommendation and final approval by the BOCC.
The Planning Commission and the BOCC shall each hold at least one public hearing on a
proposed amendment to the text or to the land use district map. The Planning Commission
shall review the application, the reports and recommendations of the Department of Planning
& Environmental Resources and the Development Review Committee, and the testimony
given at the public hearing, and shall submit its recommendations and findings to the BOCC.
The BOCC shall consider the report and recommendation of and the testimony given at the
public hearings and may either deny the application or adopt an ordinance approving the
proposed amendment. Ordinances are then reviewed by the Florida Department of
Community Affairs.
III RELEVANT PRIOR COUNTY ACTIONS
On June 16, 2004, the BOCC adopted Ordinance 018-2004 which designated conservation
and natural areas and established lot clearing standards for those areas.
On March 15, 2006, the BOCC adopted Ordinance 09-2006, revising Sections 9.5-120-123
and Sections 9.5-125-140 (Rate of Growth Ordinance) and revising Section 9.5-266
(Affordable and Employee Housing), limiting affordable housing in Tier III areas.
On April, 19, 2006, the BOCC adopted Ordinance 16-2006, which revised Ordinance 09-
2006, amending Section 9.5-266 to restrict affordable housing from the Tier IIIA Special
Protection Area that required lot clearing of more than one or more acres.
At its April 10, 2008 meeting in Key Colony Beach, the Monroe County Workforce Housing
Task Force supported a motion that the BOCC amend the Land Development Regulations
and the Comprehensive Plan to apply the same habitat clearing standards that are permitted
for market rate residential and commercial development to affordable residential
development.
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I At its July 17, 2008 meeting in Key Colony Beach, the Monroe County Workforce Housing
2 Task Force reviewed the draft ordinance and supported a motion to forward the proposed
3 ordinance to the Development Review Committee, Planning Commission and BOCC for
4 approval.
5
6 On October 21, 2008, the Monroe County Development Review Committee held a public
7 meeting to consider the proposed ordinance. There were no DRC or public comments.
8
9 On November 18, 2008, the Monroe County Planning Commission held a public meeting to
10 consider the proposed ordinance and recommended approval.
11
12 IV REVIEW OF APPLICATION
13
14 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
15 County Year 2010 Comprehensive Plan:
16
17 The proposed amendment is not consistent with Policy 601.1.8, which states:
18
19 If Monroe Countyfunding, or if County -donated land is to be used for any affordable
20 housing project, alternative sites shall be assessed according to the following guidelines:
21
22 1. The location of endangered species habitat, as specified on the most recent
23 Protected Animal Species maps. Sites within known, probable, or potential
24 threatened or endangered species habitat shall be avoided.
25
26 2. The environmental sensitivity of the vegetative habitat. The habitat sensitivity
27 shall be determined according to the ranking specified in the Environmental
28 Design Criteria section of the Land Development Regulations. Unless no
29 feasible alternative is available, disturbed sites shall be selected.
30 3.
31 The proposed amendment will promote the development of affordable housing within
32 known environmentally sensitive areas.
33
34 B. Consistency of the proposed amendment with the provisions and intent of the Monroe
35 County, Land Development Code:
36
37 The proposal amends the Land Development Regulations to allow the clearing of land
38 designated Tier III for affordable housing in a manner similar to market rate housing and
39 non-residential development.
40
41 In accordance with MCC Sec 102-158(d)(5)b., the BOCC may consider the adoption of
42 an ordinance enacting the proposed change based on one (1) or more of the following
43 factors:
44
45 i. Changed projections (e.g., regarding public service needs) from those on which the
46 text or boundary was based;
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2 None.
3
4 ii. Changed assumptions (e.g., regarding demographic trends);
5
6 None.
7
8 iii. Data errors, including errors in mapping, vegetative types and natural features
9 described in Volume 1 of the Monroe County Year 2010 Comprehensive Plan;
10
11 None.
12
13 iv. New issues;
14
15 The Land Development Regulations that control lot clearing within Tier IIIA
16 designated property presently allow clearing for market rate housing and non-
17 residential uses, while prohibiting lot clearing for affordable housing. uses. The
18 proposed amendments apply the same lot clearing standards for affordable housing
19 that are presently applied to market rate housing and non-residential land uses within
20 Tier IIIA property. This proposal was recommended by the Affordable Housing
21 Advisory Committee on April 10, 2008.
22
23 Staff finds this proposal inconsistent with the intent of the Tier system, because it
24 would facilitate development within lands that presently contain protected hardwood
25 hammock. Since there is a backlog of unused affordable housing ROGO allocations,
26 this proposal may enable significant loss of critical habitat which is contrary to the
27 intent of the County's Tier system and Section 380.0552, Florida Statutes, including
28 the Principles for Guiding Development in the Florida Keys. Staff is therefore
29 recommending denial of the proposed amendment.
30
31 v. Recognition of a need for additional detail or comprehensiveness; or
32
33 None.
34
35
36 vi. Data updates;
37
38 None.
39
40 C. Consistency with the Principles for Guiding Development in the Florida Keys Area of
41 Critical State Concern:
42
43 The proposed text amendment is not consistent with the Principles for Guiding
44 Development. Specifically, the amendment is inconsistent with:
45
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I Principal (a) To strengthen local government capabilities for managing land use and
2 development so that local government is able to achieve these objectives without the
3 continuation of the area of critical state concern designation.
4
5 The proposal would allow Monroe County to permit the clearing of critical habitat in Tier
6 IIIA areas for affordable housing.
7
8 Principal 0) To make available adequate affordable housing for all sectors of the
9 population of the Florida Keys.
10
11 The proposal will promote the development and availability of affordable and workforce
12 housing in the Florida Keys at the expense of critical habitat located in Tier IIIA areas.
13
14 Principal (1) To protect the health, safety and welfare of the citizens of the Florida Keys
15 and maintain the Florida Keys as a unique Florida resource.
16
17 The proposal will reduce the amount of critical habitat that makes the Florida Keys a
18 unique and special place.
19
20 Impact on Community Character:
21
22 The proposal will alter the natural character of Tier IIIA areas.
23
24 V FINDINGS OF FACT AND CONCLUSIONS OF LAW
25
26 1. The proposed ordinance will promote the reduction of critical natural habitat in Monroe
27 County.
28
29 2. The proposed ordinance is inconsistent with the Monroe County 2010 Comprehensive
30 Plan.
31
32 3. The proposed ordinance is inconsistent with the Principles for Guiding Development in
33 the Florida Keys Area of Critical State Concern.
34
35 VI RECOMMENDATION
36
37 Staff recommends denial to the Monroe County Board of County Commissioners.
38
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ORDINANCE NO. -2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS
AMENDING SECTIONS 130-161, 138-22, AND 138-24, ALLOWING
FOR THE SAME TIER IIIA CLEARING STANDARDS THAT
APPLY TO MARKET RATE RESIDENTIAL AND COMMERCIAL
DEVELOPMENT TO ALSO APPLY TO AFFORDABLE
RESIDENTIAL DEVELOPMENT; PROVIDING FOR
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING EFFECTIVE DATE; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES.
WHEREAS, the Board of County Commissioners (Board) has considered the comments of
the public, recommendations of the Planning Commission, recommendations of County
Staff and the Affordable Housing Advisory Committee; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Florida Legislature has found and declared:
(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 limits their 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 facilities. See § 159.602(1), F.S.
(c) 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.
(d) 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 § 420.502(5), F.S.
(e) 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
(f) 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.
2. Tier III is appropriate for additional infill development because of the location and amount
of existing development in the areas designated and the absence of significant upland native
habitat patches;
3. Monroe County's land development regulations permit clearing allowances up to 40% for
Tier III parcels (including Tier III -A) and awards positive points to market rate ROGO and
NROGO applications in Tier 1 (10 points), Tier II (20 points) and Tier III A (20 points);
4. Monroe County's land development regulations permit the clearing of habitat on Tier IIIA
parcels to accommodate the development of market rate housing and even commercial
development, but prohibit such clearing for the development of affordable homes; and
5. Monroe County's land development regulations serve to protect the clearing of habitat
against affordable residential development but not other types of residential and commercial
development; and
6. Monroe County's current land development regulations related to the prohibition of
affordable homes on Tier III -A parcels have an exclusionary impact, and also have the effect
of limiting the housing options of lower -income individuals and families; and
7. The Florida Fair Housing Law, Section 760.20 of the Florida Statutes, prohibits
discrimination in land use decisions and in permitting of development of affordable housing;
and
8. The Florida Housing Coalition and the 1000 Friends of Florida have published an
affordable housing manual, Creating Inclusive Communities in Florida, in which they state all
affordable housing is protected by the Florida Fair Housing Law, and "if the only reason the
land use or permitting request is denied is because the housing is affordable, the decision will
be in violation of Section 760.26, Florida Statutes;" and
9. At its April 10, 2008 meeting in Key Colony Beach, the Monroe County Workforce
Housing Taskforce supported a motion that the Board amend the land development regulations
and the comprehensive plan to apply the same habitat clearing standards that are permitted for
market rate residential and commercial development to affordable residential development;
and
10. At its July 17, 2008 meeting in Key Colony Beach, the Monroe County Workforce
Housing Taskforce reviewed the draft ordinance and supported a motion to forward the
proposed ordinance to the Development Review Committee, Planning Commission and Board
of County Commissioners for approval;
11. The Village Of Islamorada made similar changes to its land development regulations in
2007 which were adopted by the council and subsequently approved by the Department of
Community Affairs; and
2
12. The proposed amendments to the Land Development Regulations are consistent with and
further goals, objectives and policies of the Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Sections 130-161, 138-22, and 138-24, Monroe County Code, are hereby amended to
read:
Section 130-161 Affordable and Employee Housing; administration.
• 130-161(a)(6)(e): The parcel of land proposed for development of affordable or
employee residential use shall only be located within Tier III or within Tier IIIA (Special
Protection Area), designated e., that does not propose the el ea-F ng of .,.,y pert., of
upland native habitat pateh of one (0 aer-e er- greater- in afea.
Section 138-22. Type of Development not affected.
138-22.(2)b.2. Transfer to affordable housing: An affordable housing unit may be
developed if the receiver unit meets all of the following criteria:
(i) The proposed unit is an affordable house pursuant to sections 101-1 and 130-161;
and
(ii) Is located in the same ROGO sub -area as the sender site; and
(iii) Is located in a tier III designated area or within a tier III -A (special protection
area) designated area and does not e the ^lea-ing of any poi4io
plan native habitat p t 1, of ene (1) aer-eor- greater- i area or is located in a
Velocity (V) zone.
Section 138-24. Residential ROGO allocations.
• 138-24(c)(4): No affordable housing allocation shall be awarded to applicants located
within a Tier 1 designated area, within a V-zone on the county's flood insurance rating
map or within a Tier II designated area on Big Pine Key and No Name Key, or-, within
11V1 111 l 1 `JrJVV1Ci1 I,11
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 Environmental Resources Department to
the Florida Department of Community Affairs to determine the consistency of this ordinance with
the Florida Statutes and as required by F.S. 380.05(6) and (11).
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.
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 18th day of March, 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM:
Mayor George Neugent
MONRO OUNT RNEY
APP 0 ED A T ORM
oars:
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