Ordinance 011-1999
ORDINANCE # 011-1999
AN ORDINANCE AMENDING POLICIES 601.1.7
AND 601.1.11 OF THE YEAR 2010
COMPREHENSIVE PLAN RELATED TO
ELIGIBILITY FOR AFFORDABLE HOUSING
INCENTIVES AND MAINTAINING HOUSING
WHICH HAS RECEIVED COUNTY INCENTIVES
AS AFFORDABLE AND ESTABLISHING AN
EFFECTIVE DATE FOR THIS ORDINANCE TO
TAKE EFFECT.
Planning
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WHEREAS, the Board of County Commissioners adopted the Monroe County Year 2010
Comprehensive Plan (2010 Plan) on April 15, 1993 and it became fully effective on July 17,
1997; and
WHEREAS, Chapters 163 and 380 of the Florida Statutes require that a local
government's LDRs be consistent with its comprehensive plan; and
WHEREAS, a comprehensive plan is intended to provide fairly general policy guidance
for the creation of the Land Development Regulations (LDRs); and
WHEREAS, according to the Housing Element of the 2010 Plan's Technical Document,
there is a serious shortage of affordable housing in Monroe County; and
WHEREAS, the County desires to increase the effectiveness of affordable housing
incentives in the LDRs; and
WHEREAS, Policies 601.1.7 and 601.1.11 of the 2010 Plan are too specific and detailed
in their content to provide the broad policy base that would efficiently accommodate the
amendments to the LDRs needed to respond to changing affordable housing needs and
programs;
WHEREAS, the existing LDRs duplicate the requirements included in Policies 601.1.7
and 601.1.11; and
WHEREAS, affordable housing incentive recipients will have to continue to comply with
the existing requirements for eligibility and maintaining affordability in the interim period while
new LDRs are being proposed and adopted; and
WHEREAS, it is most effective to treat ownership and rental units separately regarding
long-term affordability requirements; and
WHEREAS, the amendments proposed for Policies 601.1.7 and 601.1.11 are consistent
with all applicable requirements of Chapters 163 and 380 of the Florida Statutes, and the
"Principles for Guiding Development"; and
Housing Element Amendment
Page 1 of 4
Planning
WHER'EAS, the Monroe County Planning Commission, sitting as the local planning
agency, after due notice and public participation, has reviewed the proposed changes to Policies
601.1.7 and 601.1.11 of the Monroe County Year 2010 Comprehensive Plan and recommends
approval; and
WHEREAS, the Board of County Commissioners on February 11, 1998, conducted a
"transmittal hearing" to consider proposed changes to Policies 601.1.7 and 601.1.11 of the
Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Board of County Commissioners recommended that the proposed
amendment be transmitted to the Florida Department of Community Affairs (DCA) for its
consideration; and
WHEREAS, the DCA reviewed the amendment and raised objections in its Objections,
Recommendations and Comments (ORC) report; and
WHEREAS, the Planning Department has revised the proposed language in response to
DCA's objections and continues to recommend approval of the amendment; and
WHEREAS, on January 13, 1999, the Board of County Commissioners, after due notice
and public participation in the public hearing process, conducted a public "adoption hearing" to
consider adopting the proposed amendment in light of DCA's ORC report; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Policy 601.1.7 is to be amended and read as follows:
Policy 601.1.7
All affordable housing projects which receive development benefits from Monroe County,
including but not limited to affordable housing points in the Permit Allocation System and
donations of land, shall be required to maintain the project as affordable on a long-term
basis pursuant to deed restrictions or other mechanisms specified in the Land
Development Regulations, and administered by Monroe County or the Monroe County
Housing Authority. For the purposes of developing such Land Development
Regulations, the following guidelines shall apply:
"Moderate Income" is the amount which represents one hundred-twenty percent (120%)
of the median annual household income for Monroe County.
"Low Income" is the amount which represents eighty percent (80%) of the median annual
household income for Monroe County.
"Very Low Income" is the amount which represents fifty percent (50%) of the median
household annual income for Monroe County.
Housing Element Amendment
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Planning
"Cost-burdened" describes a household which pays a monthly rent or monthly mortgage
payment, including taxes and insurance, that exceeds 30% of the median annual income
for Monroe County.
Section 2. Policy 601.1.11 is to be amended and read as follows:
Policy 601.1.11
By the effective date of this Plan, Monroe County shall adopt Land Development
Regulations which provide that twenty (20) percent of residential building permits will be
reserved for single or multi-family affordable housing. (See Technical Document,
Section 7.2.1 and Future Land Use Policy 101.2.4). Affordable housing eligible for this
separate allocation shall meet the criteria established in the Land Development
Regulations.
Section 3. The Monroe County Year 2010 Comprehensive Planshall be amended as stated in
Sections 1 and 2 above.
Section 4. If any section, subsection, sentence, clause or provision of this Ordinance is held
invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6. The provisions of this ordinance shall be included and incorporated in the Policy
Document of the Monroe County Year 2010 Comprehensive Plan as an addition or amendment
thereto.
Section 7. This ordinance is hereby transmitted to the state land planning agency for approval
or disapproval pursuant to Section 380.0552, Florida Statutes.
Housing Element Amendment
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Planning
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but the effective date of this plan amendment shall be the date a notice is issued by the
Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a meeting of the Board held on the 10th day of February , A.D., 1999.
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Mayor Wilhemina Harvey
Mayor Pro Tern Shirley Freeman
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
yes
yes
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yes
absent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MAYOR/CHAIRPERSON
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ATTEST: DANNY L. KOLHAGE, CLERK
BY_'B . rG >Q_ ~ C't.JA *&'\'\...,
DEPUT LE
BY
Housing Element Amendment
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;Danny IL. 1aotIjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820.OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
March 10, 1999
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 011-1999 amending
Policies 601.1.7 and 601.1.11 of the Year 2010 Comprehensive Plan related to eligibility
for affordable housing incentives and maintaining housing which has received County
incentives as affordable and establishing an effective date for this ordinance to take
effect.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on February 10, 1999.
Please me for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commiuioners
By: Ruth Ann Jantzen
Enclosure
cc: Mayor Wilhelmina Harvey
Mayor Pro Tem Shirley Freeman
CommiliSloner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
County Attorney
County Administrator
Acting Growth Management Director
Monroe County Housing Authority
Fale
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MRS. LIZ CLOUD
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FLORIDA DEPT. OF
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STATE
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32399-0250
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE 1f .... HISTORIC PRESERVATION BOARDS
Office of the Secretary 'fi"
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RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
March 17, 1999
Honorable Danny L. Kolhage74.7
Clerk of the Circuit Court and rn
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ex officio Clerk to the Board of mom~`
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Monroe County Commissioners � ''
500 Whitehead Street —,(Dr
Key West,Florida 33040 nrn
Attention: Ruth Ann Jantzen, Deputy Clerk v:
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letters dated March 10, 1999 and certified copy of Monroe County Ordinance
No. 011-1999, which was filed in this office on March 16, 1999.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/vm
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (850)488-8427
FAX: (850)488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.state.fl.us