Item T5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 17. 2003 Division: Growth Manaaement
Bulk Item: Yes - No X Department: Plannina Department
AGENDA ITEM WORDING:
A public hearing to consider an amendment to Section 9.5-266(Affordable and Employee Housing) of the Land
Development Regulations, allowing Market Rate Housing to be eligible to receive points as infill development
under section 9.5-122.3(a)(1).
(Only one public hearing is required.)
ITEM BACKGROUND:
The permitting of a portion of an employee housing development in SC or MU to include market rate housing
was included in the LOR amendment to encourage the provision of needed housing for the workers of Monroe
County.
The employee housing, for the most part, will be constructed on larger parcels of land that have not been
subdivided and platted. However, the permitted market rate portion of these units is at a disadvantage in ROGO
because they do not receive the 10 points for platted subdivision infill. The SC and MU parcels, that will be used
for employee housing are located in developed infill areas and will be served by existing infrastructure. The
proposed amendment will allow these projects to be competitive in ROGO.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes N/A No -
COST TO COUNTY: N/A SOURCE OF FUNDS: N~
REVENUE PRODUCING: Yes N/A No - AMOUNT PER MONTH N/A Year -
APPROVED BY: County Atty 1- Risk Management_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
DISPOSITION: AGENDA ITEM #~
, ~ ,\'\~
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
Board of County Commissioners
Marathon
December 17, 2003
PROPOSED AMENDMENTS TO MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
A request filed by the Monroe County Department of Planning to
amend Section 9.5-266(Affordable and Employee Housing), permitting
Market Rate Housing to be eligible to receive points as infill
development under section 9.5-122.3(a)(1).
LDR Recommendations
Staff Approval November 1, 2003 Staff Report
DRC Approval November 3,2003 Resolution #D34-03
PC Approval November 18, 2003 Resolution #P71-03
BOCC ORDINANCE
ORDINANCE NO. -2003
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND SECTION 9.5-266 (AFFORDABLE AND
EMPLOYEE HOUSING); PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the permitting of a portion of an employee housing development in
SC or MU to include market rate housing was included in the LDR amendment to
encourage the provision of needed housing for the workers of Monroe County; and
WHEREAS, the employee housing, for the most part, will be constructed on
larger parcels of land that have not been subdivided and platted; and
WHEREAS, the permitted market rate portion of these units is at a disadvantage
in ROGO because they do not receive the 10 points for platted subdivision infill; and
WHEREAS, the SC and MU parcels, that will be used for employee housing are
located in developed infill areas and will be served by existing infrastructure; and
WHEREAS, the proposed amendment will allow these projects to be competitive
in ROGO; and
WHEREAS, the Development Review Committee, at its public meeting of
November 3, 2003, voted to recommend approval of the proposed text; and
WHEREAS, at the Planning Commission public hearing of November 5, 2003,
the Commission voted to recommend approval of the proposed amendment to the Board
of County Commissioners; and
WHEREAS, the Board of County Commissioners, at the public hearing of
December 17, 2003 reviewed the following:
1. Staff report prepared on November 18, 2003 by Fred Gross, Island Planning Team
Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County; and
Page 1 of 2
C:\TEMP\Affordable ord 121703.doc
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes in order to encourage the development of Affordable and Employee
housing; and
WHEREAS, the Board of County Commissioners finds that the proposed change
is consistent with Section 9.5-511(d)(5) b. (iv) New Issues and (V) Recognition of a need
for additional detail or comprehensiveness; and
WHEREAS, the Board of County Commissioners finds that the proposed change
is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-266(a)
(3) Market rate housing developed in accordance with paragraph (8) below shall be
eligible to receive points as affordable housing under section 9.5-122.3(a)(6) and
shall be eliaible to receive points as infill development under section 9.5-122.3(a)(1).
Section 2. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The ordinance is hereby transmitted to the Florida Department of
Community Affairs pursuant to Chapter 163 and 380, Florida Statutes.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2003.
Mayor Murray Nelson
Mayor Pro Tem David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Page 2 of 2
C:\TEMP\Affordable ord 121703.doc OB T N. WOLFE
CHIEF ASSI.~~~1:~Uril.Y ATTOHNEY
Date / /- L.." c:) _
BOCC STAFF REPORT
MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Fred Gross, Director, Lower Keys Island Planning Team
DATE: November 18, 2003
RE: Amendment to Section 9.5-266 (Affordable and Employee Housing)
of the Land Development Regulations to permit market rate
housing to receive points as infill development under section 9.5-
122.3(a)(1 ).
I. BACKGROUND
The permitting of a portion of an employee housing development in SC or MU to
include market rate housing was included in the LDR amendment to encourage
the provision of needed housing for the workers of Monroe County.
The employee housing, for the most part, will be constructed on larger parcels of
land that have not been subdivided and platted. However, the permitted market
rate portion of these units is at a disadvantage in ROGO because they do not
receive the 10 points for platted subdivision infil!. The SC and MU parcels, that
will be used for employee housing are located in developed infill areas and will
be served by existing infrastructure. The proposed amendment will allow these
projects to be competitive in ROGO.
At the Development Review Committee public meeting of 11/3/03, the Committee
voted to recommend approval of the proposed text. At the Planning Commission
public hearing of 11/18/03, the Commission voted to recommend approval the
proposed amendment to the Board of County Commissioners.
II. ANALYSIS & FINDINGS OF FACT
1. The Staff and Planning Commission finds that there is a need to make the
changes in order to encourage the development of Affordable and Employee
housing.
2. The Staff and Planning Commission finds that the proposed change is
consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition
of a need for additional detail or comprehensiveness.
3. The Staff and Planning Commission finds that the proposed change is
consistent with the goals of the Monroe County Year 2010 Comprehensive
Plan.
Page 1 of 2
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\BOCC Staff Report.doc
III. PROPOSED TEXT
I Underlined text is added. I
Amendment to 9.5-266 Affordable and Employee Housing:
9.5-266(a)
(3) Market rate housing developed in accordance with paragraph (8) below shall
be eligible to receive points as affordable housing under section 9.5-
122.3(a)(6) and shall be elioible to receive points as infill development under
section 9.5-122.3(a)(1 ).
IV. RECOMMENDATIONS
Based on the Findings of Fact above, Planning Commission recommends
APPROVAL of the proposed amendment to Section 9.5-266(a)(6) of the Monroe
County Code.
Page 2 of 2
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\BOCC Staff Report.doc
PLANNING COMMISSION RESOLUTION
PLANNING COMMISSION RESOLUTION #P 71-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF A REQUEST BY
THE MONROE COUNTY PLANNING DEPARTMENT T.o AMEND
SECTION 9.5-266 (AFFORDABLE AND EMPLOYEE HOUSING)
OF THE MONROE COUNTY CODE TO PERMIT MARKET RATE
HOUSING TO RECEIVE POINTS AS INFILL DEVELOPMENT
UNDER SECTION 9.5-122.3(a)(1).
WHEREAS, the permitting of a portion of an employee housing
development in SC or MU to include market rate housing was included in the
LOR amendment to encourage the provision of needed housing for the workers
of Monroe County; and
WHEREAS, the employee housing, for the most part, will be constructed
on larger parcels of land that have not been subdivided and platted; and
WHEREAS, the permitted market rate portion of these units is at a
disadvantage in ROGO because they do not receive the 10 points for platted
subdivision infill; and
WHEREAS, the SC and MU parcels, that will be used for employee
housing are located in developed infill areas and will be served by existing
infrastructure; and
WHEREAS, the proposed amendment will allow these projects to be
competitive in ROGO; and
WHEREAS, the Planning Commission finds that there is a need to make
the changes in order to encourage the development of Affordable and Employee
housing; and
WHEREAS, the Planning Commission finds that the proposed change is
consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Planning Commission finds that the proposed change is
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan;
and
Page 1 of 3
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\PC Reso.doc
PLANNING COMMISSION RESOLUTION #P 71-03
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF A REQUEST BY
THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND
SECTION 9.5-266 (AFFORDABLE AND EMPLOYEE HOUSING)
OF THE MONROE COUNTY CODE TO PERMIT MARKET RATE
HOUSING TO RECEIVE POINTS AS INFILL DEVELOPMENT
UNDER SECTION 9.5-122.3(a)(1).
WHEREAS, the permitting of a portion of an employee housing
development in SC or MU to include market rate housing was included in the
LDR amendment to encourage the provision of needed housing for the workers
of Monroe County; and
WHEREAS, the employee housing, for the most part, will be constructed
on larger parcels of land that have not been subdivided and platted; and
WHEREAS, the permitted market rate portion of these units is at a
disadvantage in ROGO because they do not receive the 10 points for platted
subdivision infill; and
WHEREAS, the SC and MU parcels, that will be used for employee
housing are located in developed infill areas and will be served by existing
infrastructure; and
WHEREAS, the proposed amendment will allow these projects to be
competitive in ROGO; and
WHEREAS, the Planning Commission finds that there is a need to make
the changes in order to encourage the development of Affordable and Employee
housing; and
WHEREAS, the Planning Commission finds that the proposed change is
consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a
need for additional detail or comprehensiveness; and
WHEREAS, the Planning Commission finds that the proposed change is
consistent with the goals of the Monroe County Year 2010 Comprehensive Plan;
and
Page 1 of 3
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\PC Reso.doc
WHEREAS, at the Development Review Committee public meeting of
November 3,2003, the Committee recommended approval of the proposed text;
and
WHEREAS, the proposed amendment was reviewed at planning
commission public hearings on November 5, 2003 and on November 18, 2003;
and
WHEREAS, the Planning Commission reviewed the following:
1. Staff report prepared on November 18, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. The sworn testimony of residents of Monroe County;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision to recommend APPROVAL of the following amendments to the text of
the Monroe County Land Development Regulations to the Monroe County Board
of County Commissioners as requested by the Monroe County Planning
Department:
I Underlined text is added. I
Amendment to 9.5-266 Affordable and Employee Housing:
Section 9.5-266(a)
(3) Market rate housing developed in accordance with paragraph (8) below shall
be eligible to receive points as affordable housing under section 9.5-
122.3(a)(6) and shall be eliaible to receive points as infill development under
section 9.5-122.3(a)(1).
(8) If an affordable or employee housing project or an eligible commercial
apartment(s) designated for affordable housing contain(s) at least five
dwelling units, a maximum of twenty (20) percent of these units may be
developed as market rate dwelling units. The owner of a parcel of land must
develop the market rate housing dwelling units as an integral part of an
affordable or employee housing project. In order for the market rate housing
dwelling units to be eligible for incentives outlined in this section, the owner
must ensure that:
Page 2 of 3
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\PC Reso.doc
a. The use of the market rate housing dwelling unit is restricted for a period
of at least fifty (50) years to households that derive at least seventy (70)
percent of their household income from gainful employment in Monroe
County; and
b. Tourist housing use and vacation rental use of the market rate dwelling
unit is prohibited.
PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 5th day of November, 2003.
Jerry Coleman, Chair YES
Denise Werling, Vice Chair YES
David C. Ritz, Commissioner YES
Jiulio Margalli, Commissioner YES
Lynn C. Mapes, Commissioner YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn C. Mapes, Chair
Signed this day of ,2003.
Page 3 of 3
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\PC Reso.doc
DRC RESOLUTION
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D34-03
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT
REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE
MONROE COUNTY PLANNING COMMISSION OF THE REQUEST
FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO
AMEND SECTION 9.5-266 (AFFORDABLE AND EMPLOYEE
HOUSING) OF THE MONROE COUNTY CODE TO PERMIT
MARKET RATE HOUSING TO RECEIVE POINTS AS INFILL
DEVELOPMENT UNDER SECTION 9.5-122.3(a)(1).
WHEREAS, the permitting of a portion of an employee housing
development in SC or MU to include market rate housing was included in the
LDR amendment to encourage the provision of needed housing for the workers
of Monroe County; and
WHEREAS, the employee housing, for the most part, will be constructed
on larger parcels of land that have not been subdivided and platted; and
WHEREAS, the permitted market rate portion of these units is at a
disadvantage in ROGO because they do not receive the 10 points for platted
subdivision infill; and
WHEREAS, the SC and MU parcels, that will be used for employee
housing are located in developed infill areas and will be served by existing
infrastructure; and
WHEREAS, the proposed amendment will allow these projects to be
competitive in ROGO; and
WHEREAS, Staff finds that there is a need to make the changes in order to
encourage the development of Affordable and Employee housing; and
WHEREAS, Staff finds that the proposed change is consistent with Section
9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for additional
detail or comprehensiveness; and
WHEREAS, Staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
Page 1 of 2
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\DRC Reso.doc
WHEREAS, at the Development Review Committee public meeting of
November 3, 2003, the Committee voted to recommend approval of the
proposed text.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
PROPOSED TEXT
I Underlined text is added. I
Amendment to 9.5-266 Affordable and Employee Housing:
9.5-266(a)
(3) Market rate housing developed in accordance with paragraph (8) below shall
be eligible to receive points as affordable housing under section 9.5-
122.3(a)(6) and shall be eliqible to receive points as infill development under
section 9.5-122.3(a)(1).
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 3rd day of November, 2003.
Fred Gross, Director, Lower Keys Planning Team (Chair) YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Aref Jouliani, Senior Administrator of Development Review YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, OCR Chair
Signed this 5th day of November, 2003
Page 2 of 2
W:\Planning\Working Folders\Gross-Fred\Employee Housing Amend\DRC Reso.doc