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County of Monr
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BOARD COUNTY COMMISSIONERS
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Mayor Ge Neugent, District 2
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Mayor Pro Tem David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
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Sylvia J. Murphy, District
County Commission Meeting
June 21, 2017
Agenda Item Number: 0.3
Agenda Item Summary #3036
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453 -8727
3:00 PM
AGENDA ITEM WORDING: Approve Ordinance of the Monroe County Board of County
Commissioners repealing Section 126 -14 "Employee Housing Fair Share Impact Fee" of the Monroe
County Land Development Code; Providing for Severability; Providing for the Repeal of Conflicting
Provisions; Providing for Transmittal to the State Land Planning Agency and the Secretary of State;
Providing for Inclusion in the Monroe County Code; and Providing for an Effective Date.
ITEM BACKGROUND:
In 2001, the County adopted Ordinance 032 -2001. The purpose of the ordinance was to assess a fee
on new nonresidential floor area, including commercial /business, institutional, and industrial
development, as it creates a direct or indirect requirement for employee housing.
The current provisions of Section 126 -14 include a fee schedule that levies a per square amount to
new nonresidential floor area which are deposited in an account used exclusively to offset the cost of
required permitting and connection fees related to the development of new employee housing. The
proposed amendment would repeal this section in its entirely, however Sections 139 -1 and 139 -2
address the administration of affordable and employee housing, including inclusionary housing
requirements and the affordable housing trust fund, as well as affordable housing incentive
programs.
PREVIOUS RELEVANT BOCC ACTION:
On September 19, 2001, at a regularly scheduled meeting, the BOCC passed and adopted Ordinance
032 -2001 "Non- residential Rate of Growth Ordinance" which included an employee housing fair
share impact fee and the establishment of its fee schedule.
On December 17, 2003, at a regularly scheduled meeting, the BOCC passed and adopted Ordinance
046 -2003 which included an amendment to the fee schedule creating a new fee category, increasing
fees for non - residential structures of 3,000 square feet or greater.
On March 24, 2016, at a Special Budget Meeting, the BOCC directed staff to eliminate Employee
Fair Share Housing, Police Facilities, Solid Waste, and Libraries Impact fees, and direct staff to
commence the hiring process for a consultant to conduct thorough projections for amending the
impact fees for Roadways, Parks and Recreation, and Fire & EMS.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
An Ordinance of the Monroe County BOCC Repealing Section 126 -14
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Mayte Santamaria
Completed
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Ed Koconis
Completed
Assistant County Administrator Christine
Hurley
06/05/2017 5:13 PM
Kathy Peters
Completed
Board of County Commissioners
Pending
05/30/2017 11:09 AM
06/02/2017 3:50 PM
06/05/2017 9:52 AM
06/02/2017 4:03 PM
06/05/2017 7:21 AM
06/05/2017 2:36 PM
Completed
06/06/2017 8:43 AM
06/21/2017 9:00 AM
18 WHEREAS, the Monroe County Beard of County Commissioners, during a regular
19 meeting held on September 19, 2001, Passed and adopted Ordinance 032- 2001, which amended
20 the Monroe County Code providing for a non- residential Pate of Growth (h1ROGO) Ordinance,
21 and
22 WH Ordinance 032 -2001 established an Employee Fair Share Impact Fee to
23 address new non - residential Moor area as it created a need for employee housing and the
24 availability and stability of employee housing was and remains essential for the economic health
25 of Monroe County; and
26 WHEREAS, the proceeds fro €n the impact fees collected are restricted to the exclusive
27 use of offsetting the cost of required permitting and connection fees related to the development
28 of new employee housing; and
29 WHEREAS, the Board of County Commissioners, on March 23, 2016, approved the
30 transfer of $571,364 from the Employee Housing Fair Share Impact Fee to Fund 180 in the
31 building Department to offset the cost of permitting work waived by the BOCC for development
32 of affordable housing, the first actual transfer since 2008; and
33 WHEREAS, Monroe County Land Development Code Chapter 139 addresses the
34 administration of affordable and employee housing, including inclusionary housing requirements
35 and the affordable housing trust fund, as well as affordable housing incentive programs; and
Pager 1 of 4
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ORDINANCE NO. -2017
7
18 WHEREAS, the Monroe County Beard of County Commissioners, during a regular
19 meeting held on September 19, 2001, Passed and adopted Ordinance 032- 2001, which amended
20 the Monroe County Code providing for a non- residential Pate of Growth (h1ROGO) Ordinance,
21 and
22 WH Ordinance 032 -2001 established an Employee Fair Share Impact Fee to
23 address new non - residential Moor area as it created a need for employee housing and the
24 availability and stability of employee housing was and remains essential for the economic health
25 of Monroe County; and
26 WHEREAS, the proceeds fro €n the impact fees collected are restricted to the exclusive
27 use of offsetting the cost of required permitting and connection fees related to the development
28 of new employee housing; and
29 WHEREAS, the Board of County Commissioners, on March 23, 2016, approved the
30 transfer of $571,364 from the Employee Housing Fair Share Impact Fee to Fund 180 in the
31 building Department to offset the cost of permitting work waived by the BOCC for development
32 of affordable housing, the first actual transfer since 2008; and
33 WHEREAS, Monroe County Land Development Code Chapter 139 addresses the
34 administration of affordable and employee housing, including inclusionary housing requirements
35 and the affordable housing trust fund, as well as affordable housing incentive programs; and
Pager 1 of 4
I WHEREAS, the Board of County Commissioners approves the continuation of Monroe
2 County Land Development Code Chapter 13 )9 to assist with the issue of affordable and employee
3 housing;
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOA11D OF COUNTY
5 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
6 Section 1. The Monroe County Land Development Code is amended as follows:
7 Deletions are stfieken-tlwough and additions arC
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6 Section 2. Sevei-abiliLy If any section, paragraph, subdivision, clause, sentence or
7 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
8 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
9 ordinance, bUt the effect thereof shall be confined to the section, paragraph, subdivision, clause,
10 sentence or provision immediately involved in the controversy in which such judgment or decree
11 shall be rendered.
12 Section 3. Con flicting_1 All ordinances or parts of ordinances in conflict with
13 this ordinance are hereby repealed to the extent of said conflict.
14 Section 4. Transmittal.. This ordinance shall be transmitted to the Florida State land
15 Planning Agency as required by F.S. 3811.(15(11) and F.S. 380.0552(9).
16 Section 5. FLIing This ordinance shall be Filed in the Office of the Secretary of the State
17 of Florida but shall not become effective pursuant to Section 7 until a filial order is issued
18 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
19 Commission approving the ordinance- and if the final order is challenged, until the challenge to
20 the order is resolved pursuant to F.S. Chapter 120.
21 ' Section 6. Inclusion in the Monroe . ,CounLy, Code. The provisions of this ordinance
22 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
23 as an amendment thereto, and shall be appropriately renumbered to conform to the uniform
2 4 marking systern of the Code.
25 Section 7. Effective Date. This ordinance shall become effective as provided for by law
26 and stated above but not earlier than January 1, 2018. This ordinance applies to any permit, and
27 or other development approval application submitted after December 31 2017.
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I PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
2 at a regular meeting held on the — . day of 2017.
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RON 11,114 ffm�'' ON
an
Mayor George Neugent
Page 4 of 4