Ordinance 001-2021 1
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO.001-2021
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
13 LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 AFFORDABLE
14 HOUSING DEFINITIONS BY CREATING A DEFINITION FOR AREA MEDIAN
15 INCOME, WORKFORCE AND WORKFORCE HOUSING; AMEND CHAPTER
16 139-1 TO CLARIFY THE AFFORDABLE AND EMPLOYEE HOUSING
17 ADMINISTRATION, TO INCORPORATE NONRESIDENTIAL AND
18 TRANSIENT INCLUSIONARY REQUIREMENTS BY PROVIDING
19 REGULATIONS REGARDING THE PROVISION OF AFFORDABLE HOUSING
20 FOR THE DEVELOPMENT AND REDEVELOPMENT OF NONRESIDENTIAL
21 AND TRANSIENT USES; MODIFYING THE LINKAGE PROVISIONS;
22 AMENDING AND/OR ADDING FOR CONSISTENCY PURPOSE RELATED
23 PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
24 OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
25 STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
26 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
27 MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR AN
28 EFFECTIVE DATE.
29
30
31 WHEREAS,Monroe County policies and regulations adopted in the Monroe County Comprehensive
32 Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the
33 Florida Keys and to strengthen our local government capability to manage land use and development; and
34
35 WHEREAS, on May 21, 2008, the Monroe County Board of County Commissioners adopted
36 Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable Housing
37 Advisory Committee,including its assigned duties; and
38
39 WHEREAS, on June 10, 2015, the Board of County Commissioners adopted Ordinance 014-2015
40 amending Section 2-700 of the Monroe County Code to establish the 14 members of the Affordable
41 Housing Advisory Committee and directed staff to amend Resolution 139-2015 to add one additional duty
42 to the committee; and
43
44 WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted Resolution
45 01-2015,providing recommendations on the first three tasks assigned to the committee for the development
46 of a workforce housing development plan; and
47
48 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted Resolution
49 03-2015, recommending that the Board of County Commissioners support and fund a nexus study as the
50 first step in considering the expansion of the County residential inclusionary housing program to cover
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I transient and commercial development in the County; and
2
3 WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 0 1-
4 2016,providing 33 recommendations to the Board of County Commissioners on the issues included in their
5 charge, including that the BOCC support and fund a nexus study as the first step in the expansion of the
6 current County residential inclusionary housing program to cover transient and commercial development
7 in the County; and
8
9 WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's
10 adopted Resolution 01-2016 (33 recommendations)to the BOCC and the Board of County Commissioners
11 approved contracts for studies to support an inclusionary housing requirement to cover transient and
12 commercial development as well as requested staff to schedule a special meeting to discuss the remaining
13 recommendations; and
14
15 WHEREAS,on August 17, 2016,the Board of County Commissioners approved a contract with RRC
16 Associates to (1) conduct a data-based survey of employers located in the unincorporated and incorporated
17 parts of Monroe County to verify the employment patterns and the building floor area used for
18 nonresidential development, and to (2) prepare the prototypical workforce/affordable housing unit(s),
19 including size ranges, building materials and costs of construction, to be utilized by the County for the
20 adoption of inclusionary housing requirements to address nonresidential and transient development; and
21
22 WHEREAS, on August 17, 2016, the Board of County Commissioners approved a contract with
23 Clarion Associates to prepare a Support Study providing the technical support (data & methodology to
24 determine need) for a workforce/ affordable housing mitigation program for nonresidential development
25 and redevelopment(expansions and remodels),to be utilized by the County for the adoption of inclusionary
26 housing requirements to address nonresidential and transient development; and
27
28 WHEREAS,on a special meeting on December 6,2016,the Board of County Commissioners reviewed
29 and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and
30 directed staff to research certain items, implement certain items and process amendments to the land
31 development code; and
32
33 WHEREAS, on November 14, 2017 BOCC meeting, presentations regarding the data to create an
34 inclusionary housing requirement for nonresidential and transient development were provided, as follows:
35 • Presentation by RRC Associates summarizing the results of the survey of employers located in
36 Monroe County to document employment patterns and the building floor area used for nonresidential
37 development;
38 • Presentation by Clarion Associates providing the findings of the Affordable Workforce Housing
39 Support Study for Nonresidential Development which provides the technical support (data &
40 methodology to determine need) for a workforce/affordable housing mitigation program for
41 nonresidential development to be utilized by the County for the adoption of inclusionary housing
42 requirements to address nonresidential and transient development; and
43
44 WHEREAS, on February 21, 2018, the Board of County Commissioners reviewed and discussed
45 amending the Monroe County Land Development Code to create an inclusionary housing requirement to
46 address nonresidential and transient development, and directed staff to develop a nonresidential
47 inclusionary requirement; and
48
49 WHEREAS, Monroe County strives to ensure that affordable housing opportunities are available
50 throughout the entire community and to maintain a balanced and sustainable local economy and the
51 provision of critical services; and
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1
2 WHEREAS, Monroe County strives to increase the supply of workforce, employee and affordable
3 housing that is available and affordable to very-low, low, median and moderate income persons; and
4
5 WHEREAS, amending the Land Development Code will enable the County to better provide a range
6 of housing opportunities for those who work in Monroe County and who provide the community with
7 services but may be unable to pay market rents or market housing prices in the community; and
8
9 WHEREAS, amending the Land Development Code will enable the County to address the affordable
10 workforce housing needs generated by the construction of nonresidential development,and the employment
11 that occurs at nonresidential development after the construction or expansion is completed; and
12
13 WHEREAS, amending the Land Development Code will enable the County to ensure that affordable
14 workforce housing is provided to the local workforce by employee generating development proportionate
15 with the need for affordable workforce housing it creates; and
16
17 WHEREAS, creating a nonresidential inclusionary requirement will implement and further Policy
18 601.1.13 which states Monroe County shall maintain land development regulations on inclusionary housing
19 and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential
20 and transient development and redevelopment based on specific data and analysis; and
21
22 WHEREAS, Section 125.01055, F.S., provides that, "Notwithstanding any other provision of law, a
23 county may adopt and maintain in effect any law, ordinance,rule, or other measure that is adopted for the
24 purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary
25 housing ordinances;"and
26 WHEREAS, Section 125.0103(7), F.S., provides that, "Notwithstanding any other provisions of this
27 section,municipalities,counties,or other entities of local government may adopt and maintain in effect any
28 law, ordinance, rule, or other measure which is adopted for the purposes of increasing the supply of
29 affordable housing using land use mechanisms such as inclusionary housing ordinances;" and
30
31 WHEREAS, Section 163.3202(3), F.S., provides that, "This section shall be construed to encourage
32 the use of innovative land development regulations which include provisions such as transfer of
33 development rights, incentive and inclusionary zoning, planned-unit development, impact fees, and
34 performance zoning;"and
35 WHEREAS, Section 420.502(4),F.S., states, "There also exists a serious shortage of decent, safe, and
36 sanitary housing in the state available to persons and families of low,moderate, and middle income,which
37 impairs the economic value of larger areas, characterized by depreciated value, impaired investments,
38 reduced capacity to pay taxes, and lack of new development to meet the needs of area residents, and which
39 is a menace to the health, safety, morals, and welfare of the citizens of the state;"and
40 WHEREAS, Section 420.502(5),F.S., states, "It is necessary to create inducements and opportunities
41 for private and public investment in such activities in this state with appropriate planning, land use, and
42 construction policies necessary for the public welfare;"and
43
44 WHEREAS, the Monroe County Board of County Commissioners is authorized by Section
45 125.01(1)(h), F.S., to establish, coordinate and enforce zoning and such business regulations as are
46 necessary for the protection of the public; and.
47
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I WHEREAS, the 2019 Rental Market Study by Shimberg Center for Housing Studies - Statewide,
2 120,701 renters at 60.01-80 percent of AMI are cost burdened. Only six counties have 40 percent or more
3 of renters cost burdened at this income level: Miami-Dade and Monroe(62 percent of renters in the income
4 category), St. Lucie (44 percent), Broward(43%), Seminole (42 percent), and Martin(40 percent).
5
6 WHEREAS, the 2019 Rental Market Study by Shimberg Center for Housing Studies - At the 80.01-
7 120 percent of AMI income level, a total of 60,762 renter households are cost burdened. These households
8 are even more geographically concentrated. In Miami-Dade and Monroe County, thirty percent of renters
9 at 80.0-120 percent of AMI are cost burdened. No other county has a percentage higher than 15 percent,
10 and estimates are not statistically significant for most medium and small counties.
11
12 WHEREAS, on February 25, 2020, the Monroe County Development Review Committee (DRC)
13 reviewed the proposed amendment; and
14 WHEREAS,on June 24,2020 the Monroe County Planning Commission held a public hearing for the
15 purpose of considering the proposed amendment and provided for public comment; and
16
17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P16-20
18 recommending approval for the proposed amendment; and
19
20 WHEREAS,the Monroe County Board of County Commissioners have expressed the goal of ensuring
21 that affordable housing opportunities are available throughout the entire community and to maintain a
22 balanced and sustainable local economy; and
23
24 WHEREAS,at a regularly scheduled meeting held on October 21,2020,the Monroe County Board of
25 County Commissioners held a public hearing, considered the staff report,and provided for public comment
26 and public participation in accordance with the requirements of state law and the procedures adopted for
27 public participation in the planning process; and
28
29 WHEREAS,based upon the documentation submitted and information provided in the accompanying
30 staff report,the Monroe County Board of County Commissioners makes the following Conclusions of Law:
31
32 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
33 County Year 2030 Comprehensive Plan; and
34 2. The proposed amendment is consistent with the Principles for Guiding Development for the
35 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
36 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute; and
37 4. The proposed amendment is necessary due to new issues and the need for additional detail or
38 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct and are
44 hereby incorporated as if fully stated herein.
45
46 Section 2. The Monroe County Land Development Code is hereby amended as follows:
47
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Proposed Amendment: deletions are stfi ke *h-,, additions are shown in underlined); and
the shifting of existing text is shown in double underline (new location) and
(former location).
1
2 Section 101-1 Definitions.
3 The following words, terms and phrases, when used in this chapter, shall have the meanings
4 ascribed to them in this section, except where the context clearly indicates a different meaning:
5
6 Affordable housing.
7 (1)Affordable housing means residential dwelling units that meet the following requirements:
8 a. Meet all applicable requirements of the United States Department of Housing and Urban
9 Development minimum property standards as to room sizes, fixtures, landscaping and
10 building materials, when not in conflict with applicable laws of the county; and
11 b. A dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent
12 of that amount which represents either 50 percent (very low income) or 80 percent (low
13 income)or 100 percent(median income) or 120 percent(moderate income) of the monthly
14 median adjusted household income for the county.
15 (2)Affordable housing owner occupied, low income, means a dwelling unit occupied only by
16 a household whose total household income does not exceed 80 percent of the median monthly
17 household income for the county.
18 (3)Affordable housing owner occupied, median income, means a dwelling unit occupied only
19 by a household whose total household income does not exceed 100 percent of the median
20 monthly household income for the county.
21 (4) Affordable housing owner occupied, moderate income, means a dwelling unit occupied
22 only by a household whose total household income does not exceed 160 percent of the median
23 monthly household income for the county.
24 (5)Affordable housing owner occupied, very low income, means a dwelling unit occupied only
25 by a household whose total household income does not exceed 50 percent of the median
26 monthly household income for the county.
27 (6)Affordable housing trust fund means a trust fund established and maintained by the county
28 for the purpose of preserving existing and promoting creation of new affordable and employee
29 housing. Funds collected for and deposited in the trust fund shall be used exclusively for
30 purposes of creating,preserving or maintaining affordable and employee housing in the Florida
31 Keys.
32 (7) Affordable rental housing, low income, means a dwelling unit whose monthly rent, not
33 including utilities, does not exceed 30 percent of the amount that represents up to 80 percent
34 of the monthly median adjusted household income for the county.
35 (8)Affordable rental housing, median income, means a dwelling unit whose monthly rent, not
36 including utilities, does not exceed 30 percent of the amount that represents up to 100 percent
37 of the monthly adjusted median household income for the county.
38 (9)Affordable rental housing, moderate income, means a dwelling unit whose monthly rent,
39 not including utilities, does not exceed 30 percent of the amount that represents up to 120
40 percent of the monthly median adjusted household income for the county.
41 (10)Affordable rental housing, very low income, means a rental dwelling unit whose monthly
42 rent, not including utilities, does not exceed 30 percent of the amount that represents up to 50
43 percent of the monthly median adjusted household income for the county.
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I (11)Area median income means the annual median household income published for the county
2 on an annual basis by the U.S. Department of Housing and Urban Development (see (16)
3 Median income definition).
4 (12-�)Employee housing means an attached or detached dwelling unit that is intended to serve
5 as affordable, permanent housing for working households, which derive at least 70 percent of
6 their household income from gainful employment in the county and meet the requirements for
7 affordable housing as defined in this section and as per section 139-1.
8 (13-2)Employer-owned rental housing means an attached or detached dwelling unit owned by
9 a firm, business, educational institution, non-governmental or governmental agency,
10 corporation or other entity that is intended to serve as affordable, permanent housing for its
11 employees. This category of employee housing shall be located on the same parcel of land as
12 the nonresidential use.
13 (14-3) Inclusionary housing means the resulting affordable and/or employee housing and/or
14 workforce housing created or preserved with the development and/or redevelopment of a
15 parcel where provisions of approved development agreements or orders implement and
16 promote affordable and/or employee housing and/or workforce housing goals, objectives and
17 policies contained in the plan by requiring set-asides for affordable and/or employee housing
18 and/or workforce housing units.
19 (15) Maximum sales price, owner occupied affordable housing unit, means a price not
20 exceeding 3.75 times the annual median household income for the county for a one bedroom
21 or efficiency unit_ 4.25 times the annual median household income for the county for a two
22 bedroom unit. and 4.75 times the annual median household income for the county for a three
23 or more bedroom unit.
24 (164) Median income, rental rates and qualifying incomes table, means eligibility
25 requirements compiled each year by the Pplanning Ddepartment based upon the area annual
26 median a*ntial household income published for the county on an annual basis by the U.S.
27 Department of Housing and Urban Development and similar information for median and
28 moderate income levels from the Florida Housing Finance Corporation. Affordable housing
29 eligibility requirements for each household will be based upon median annual household
30 income adjusted by household€ate size, as set forth by the U.S. Department of Housing and
31 Urban Development and the Florida Housing Finance Corporation. The county shall rely upon
32 this information to determine maximum rental rates and maximum household incomes eligible
33 for affordable housing rental or purchase.
34 (17-5) Monthly median household income means the median annual household income for the
35 county divided by 12.
36 (186) Deed restriction, affordable housing means a recorded restriction on a residential
37 dwelling unit for a period of 99 years restricting occupancy and/or purchase to households that
38 meet the requirements of the income categories listed above.
39 (19) Workforce means individuals or families who are gainfully nfully employed sUplying goods
40 and/or services to Monroe County residents or visitors.
41 (20) Workforce Housing means dwelling units for those who derive at least 70% of their
42 income as members of the Workforce in Monroe County and who meet the affordable housing
43 income categories of the Monroe County Code. Workforce housing shall be interchangeable
44 with the terms detached or attached dwellings, employee housing or commercial apartments
45 included in the land use districts and shall be a permitted use in all land use districts where
46 detached dwelling, attached dwellings, employee housing or commercial apartments are
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I included as a current permitted use. An applicant choosing to develop workforce housing is
2 subject to the requirements of Chapter 139 and all other requirements included in the land
3 development code, including but not limited to, density,parking, bufferyards, access, etc.
4
5
6
7
8
9
10
11
12 Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
13 Sec. 139-1. Affordable and Employee Housing; Administration.
14 (a) Purpose.
15 (1) The Board of County Commissioners has determined that the public health, safety and
16 general welfare of the community warrants the implementation of affordable and
17 employee housings provisions for the followings purposes:
18 a. To implement the goals,als, policies and objectives of the Monroe County 2030
19 Comprehensive Plan and increase the supply of housing affordable to targeted
20 income groups within the community; and
21 b. To provide housing opportunities for lower income groups in order to meet the
22 existing and anticipated housing needs of such persons and to maintain a socio-
23 economic mix in the community; and
24 C. To address market demands that show that the workforce in the County continues
25 to require moderately priced housing units, particularly those whose earnings
26 range from 50 percent to 120 percent of the County's median income,the target
27 income groups; and
28 d. To reduce the out-migration of the people employed in the County and their
29 families which has placed increasing stress in maintaining a viable workforce,
30 and
31 d. To stimulate the private sector production of affordable housing and encourage
32 the widespread distribution of affordable housing opportunities throughout all
33 portions of the community, including within new and expanding developments,
34 and
35 e. To provide for a range of housing opportunities for those who live and work in
36 Monroe County and who provide the community with essential services,
37 especially in the public health and safety sectors of the economy.
38
39
40 (b) Generally.
41 (1) Notwithstanding the density limitations in Section 130-157, the owner of a parcel of
42 land shall be entitled to:
43 a. Develop affordable and employee housing as defined in Section 101-1, on parcels
44 of land classified as follows:
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1 1. Urban Residential (UR) at an intensity up to a maximum net residential
2 density of 25 dwelling units per acre,and en par-eels of la*' elassified as
3 2. Mixed Use (MU) at an intensity up to a maximum net residential density of
4 18 dwelling units per acre, and,
5 3. Suburban Commercial (SC) at an intensity up to a maximum net residential
6 density of 18 dwelling units per acre.
7
8
9
10
11 .
12 b.�Develop market rate housing, as defined in Section 101-1, as part of an affordable
13 or employee housing project in accordance with subsection(ba)(8)of this section,
14 provided that on parcels of land classified as Urban Residential (UR), the
15 maximum net residential density shall not be greater than 18 dwelling units per
16 acre.
17 (2) The maximum net residential density allowed per district and by this section shall not
18 require Transferable Development Rights (TDR) for affordable and employee housing
19 and market rate housing developed in accordance with subsection (ba)(8) of this
20 section.
21 (3) Market rate housing developed in accordance with subsection (ba)(8) below shall be
22 eligible to receive points pursuant to Section 138-28(ba)(6).
23 (4) The requirements of this Land Development Code for the provision of impact fees shall
24 be waived for affordable and employee housing and any market rate housing developed
25 in accordance with subsection (ba)(8) of this section.
26 (5) Notwithstanding the provisions of this article, when calculating density, any existing
27 lawfully established or proposed affordable or employee housing on a parcel and the
28 floor area thereof shall be excluded from the calculation of the total gross nonresidential
29 floor area development that may be lawfully established or permitted on the parcel,
30 provided,however,that the total residential density allowed on the site shall not exceed
31 the maximum net density for affordable and employee housing.
32 (6) In order for the owner of a parcel of land to be entitled to the incentives for affordable
33 or employee housing outlined in this section and Chapter 138, Articles II and III, the
34 owner must ensure that:
35 a. The use of the affordable housing dwelling unit is restricted to households that
36 meet the adjt ste g-e annual income limits for- ,nedia ineeme as defined in
37 Section 101-1;
38 b. Except as provided for under the special provisions for employer-owned rental
39 housing as set forth under subsection (ba)(6)k of this section, if the affordable
40 housing dwelling unit is designed for employee housing, the use of the dwelling
41 is restricted to households that derive at least 70 percent of their household
42 income from gainful employment in the county and meet the adjt ste gr
43 annual income limits fer media* i*eem e as defined in Section 101-1s-
44 C. The use of the affordable or employee dwelling unit is deed restricted for the 99
45 year period specified in Section 101-1s
46 d. Tourist housing use or vacation rental use of affordable or employee housing units
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I is prohibited;_.
2 e. The parcel of land proposed for development of affordable or employee housing
3 shall only be located within a tier III designated area.
4 Notwithstanding the foregoing, and notwithstanding Section 138-24(a)(5),
5 affordable housing ROGO allocations may be awarded to properties within any
6 tier,provided all of the following criteria is met:
7 -al. The property contains an existing market rate dwelling unit that meets the
8 criteria in LDC Section 138-22(a) and is determined to be exempt from
9 ROGO;
10 42. The proposed replacement affordable dwelling unit meets current Florida
11 Building Code and is not a mobile home;
12 e3. The proposed replacement dwelling unit shall be deed restricted for a period
13 of at least 99 years as affordable housing pursuant to the standards of the
14 Land Development Code;
15 44. The proposed site plan for the replacement affordable dwelling unit does
16 not propose any additional clearing of habitat; and
17 e5. The structure is not proposed to be within a V-zone on the county's flood
18 insurance rating map.
19 f. At the time of sale of an owner-occupied affordable unit, the total income of
20 households eligible to purchase the unit shall not exceed the income limits within
21 the deed restriction for the unit and not exceed 16-0 percent of the area median
22 hetise income for the county- However- a Rnit , 44-4 4 -A el—ass 4 ,-,a h'o
23
24
25
26 g. During occupancy of any affordable housing rental unit,not otherwise limited by
27 state or federal statute or rule concerning household income, a household's annual
28 income may increase to an amount not to exceed 140 percent of the area median
29 hettse income for the county. If the income of the lessee exceeds this amount,
30 the tenant's occupancy shall terminate at the end of the existing lease term. The
31 maximum lease for any term shall be one (1) year or 12 months
32 ems;
33 h. Affordable housing projects shall be no greater than 20 units unless approved by
34 resolution of the sCounty Planning Commission. The Planning Commission's
35 decision may be appealed to the BOCC using the procedures described in Section
36 102-185, with the BOCC serving as the appellate body for the purpose of this
37 section only;
38 i. When establishing a rental and sales amount, the county shall base the amounts
39 upon the area median income published for the County on an annual basis by the
40 U.S. Department of Housing and Urban Development and compiled for
41 household size and the income limit of the unit.
42 i the-table el This section shall not be used to establish the maximum
43 number of individuals who actually live in the unit. This table shall be used in
44 ieti ,r w4h the development of the maximum rental rates and qualify
45 incomes table compiled by the Planning Department according to the definitions
46 in Section 101-leligibility ro or*� ^r-e4ed by Seetio 101 , :
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Size of Unit Assumed Household Minimum Oeeupnney
Fnmily Size
Efficiency (no separate bedroom) 1
One bedroom 2
Two bedroom 3 -2
Three bedroom 4 -3
Four or more bedroom 5 1 per-bed-
1 j. Except for tenants of employer-owned rental housing, as set forth in subsection
2 (ha a)(6)k. of this section, the income of eligible households shall be determined
3 by counting only the first and highest paid 40 hours of employment per week of
4 each unrelated adult. For a household containing adults related by marriage or a
5 domestic partnership registered with the county, only the highest 60 hours of the
6 combined employment hours shall be counted, which shall be considered to be
7 75 percent of the ,,djtiste gr annual income. The income of dependents
8 regardless of age shall not be counted in calculating a household's income; and
9 k. In the special case of employer-owned rental housing, as defined in Section 101-
10 1, employees shall be eligible as tenants of the affordable rental housing, if the
11 income of each individual tenant, as determined following the requirements in
12 subsection (ba)(6J. of this section, is not more than the 80 percent(low income)
13 of the area median income adjtisted gross ineeme for h etise lds w4hin the
14 county. The tenants of this employer-owned rental housing
15 hetisii+g shall be required to derive at least 70 percent of their income from within
16 the county. The maximum occupancy of employer-owned rental housing for
17 employees shall be no more than two�Zjtenants per bedroom; with a maximum
18 of three LD bedrooms per unit. The total monthly lease charged tenants for each
19 dwelling unit shall not exceed 30 percent of the area median adjt1sted gross anntial
20 income for hettsehel s wit :r the county, divided by 12.
21 (7) Commercial apartment dwelling units, as defined in Section 101-1, shall only be
22 eligible for the incentives outlined in this section if they meet the requirements of
23 subsection (ba)(6) of this section for employee housing.
24 (8) If an affordable or employee housing project or an eligible commercial apartment
25 designated for employee housing contains at least five(55) dwelling units, a maximum
26 of 20 percent of these units may be developed as market rate housing dwelling units.
27 The owner of a parcel of land must develop the market rate housing dwelling units as
28 an integral part of an affordable or employee housing project. In order for the market
29 rate housing dwelling units to be eligible for incentives outlined in this section, the
30 owner must ensure that:
31 a. The use of the market rate housing dwelling unit is restricted for a period of at
32 least 30 years to households that derive at least 70 percent of their household
33 income from gainful employment in the county; and
34 b. Tourist housing use and vacation rental use of the market rate dwelling unit is
35 prohibited.
36
37 Administration and compliance.
38 (1) Before any building permit maybe issued for any structure,portion or phase of a project
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I subject to this section, a restrictive covenant shall be approved by the ^ to*t(''.,,,,�t .
2 Adfninistf4eF Planning Director and County Attorne and recorded in the eOffice of
3 the-eClerk of the sCounty to ensure compliance with the provision of this section
4 running in favor of the sCounty and enforceable by the sCounty and. if applicable. a
5 participating municipality. The following requirements shall apply to these restrictive
6 covenants:
7 a. The covenants for any affordable or employee housing units shall be effective for
8 a period of at least 99 years.
9 b. The covenants shall not commence running until a certificate of occupancy has
10 been issued by the building official for the dwelling unit or dwelling units to
11 which the covenant or covenants apply.
12 C. For existing dwelling units that are deed-restricted as affordable or employee
13 housing units, the covenants shall commence running upon recordation in the
14 Official Records of Monroe County.
15 (2) Restrictive covenants for housing subject to the provisions of this section shall be filed
16 that require compliance with the following:
17 a. Restricting affordable housing dwelling units to households meeting the income
18 requirements of subsection (ba)(6)a. of this section:
19 b. Restricting employee housing dwelling units to households meeting the income
20 and employment requirements of subsection (b-a)(6)b. of this section:
21 C. Restricting market rate housing dwelling units to households meeting the
22 employment requirements of subsection (b-aA8)a. of this section: and
23 d. Prohibiting tourist housing use or vacation rental use of any housing developed
24 or deed-restricted under the provisions of this section.
25 (3) The eligibility of a potential owner-occupier or renter of an affordable_ employee or
26 market rate housing dwelling unit, developed q N&�which is an employee or
27 affordable housing project/unit_ shall be determined by the Planning Department upon
28 submittal of an affidavit of qualification to the Planning Department. The form of the
29 affidavit shall be in a form prescribed by the Planning Department. This eligibility shall
30 be determined by the Planning Department as follows:
31 a. At the time the potential owner either applies for affordable housing ROGO
32 allocation, or applies to purchase a unit that used affordable housing ROGO
33 allocation or applies to purchase a deed-restricted dwelling unit, or
34 b. At the time the potential renter applies to occupy a residential unit that used an
35 affordable ROGO allocation or is deed-restricted.
36 (4) Except as provided in subsection (c€)(5) of this section, the property owner of each
37 affordable employee or market rate housing dwelling unit_ ,a velepe r�which
38 is an affordable or employee housing project/unit, shall be required to annually submit
39 an affidavit of qualification to the Planning Department verifying that the applicable
40 employment and income requirements of subsection(c€)(2) of this section are met. The
41 annual affidavit of qualification shall be in a form prescribed by the Planning Director
42 and shall be filed by the propejU owner annually by May lst
43
44 (5) The owner-occupant of an affordable, employee. or market rate housing dwelling unit
45 ,a velei3e f which is an affordable or employee housing project/unit, who has
46 received a homestead exemption as provided for under the state statutes, is not required
Ordinance No. 001 -2021 Page 11 of 30
File 2019-097
I to submit an annual affidavit of qualification as required above in subsection (cf)(4) of
2 this section if that owner-occupant was qualified previously by the Planning
3 Department. Prior to any change in ownership (including_ but not limited to: sale_
4 assignment, devise, or otherwise). the owner-occupant shall be required to provide
5 documentation to the Planning Department in a form prescribed by the Planning
6 Director proving that the potential occupying household is eligible to occupy that unit
7 prior to a change in ownership of the property.
8 (6) Failure to submit the required annual verification as required in subsection (c 41 of
9 this section or failure to provide documentation prior to change in ownership required
10 in subsection (cfK51 of this section shall constitute a violation of the restrictive
11 covenant_ the conditions of the certificate of occupancy and this Land Development
12 Code.
13 (7) The restrictive covenants for affordable and employee housing required under this
14 section shall be approved by the ^ ta*t Geufl*., ^, aims*, &F Planning Director and
15 County Attorney prior to the recording of the covenant and issuance of any building
16 e
17 (8) Upon written agreement between the Planning Director and an eligible governmental
18 or nongovernmental entity, the Planning Director may authorize that entity to
19 administer the eligibility and compliance requirements for the Planning and
20 Environmental Resources Department under subsections (cf�)(31. (cf4)(4). and (d4j 50
21 ftr of this section. Under such an agreement_ the eligible entity is authorized to
22 qualify a potential owner-occupier or renter of affordable, employee, or market rate
23 housing developed as part of an employee or affordable housing project_ and annually
24 verify the employment and/or income eligibility of tenants pursuant to subsection
25 cf4)(2) of this section. The entity shall still be required to provide the Plannjng and
26 Environmental Resources Department. by May ft 1st of each year, a written
27 certification verifying that tenants of each affordable_employee_ or market rate housing
28 units meets the applicable employment and income requirements of subsection (cf31(21
29 of this section. The following governmental and nongovernmental entities shall be
30 eligible for this delegation of authority:
31 a. The county housing authority_ not-for-profit community development
32 organizations,pursuant to subsection (iel of this section. and other public entities
33 established to provide affordable housing.
34 b. Private developers or other nongovernmental organizations participating in a
35 federal/state housing financial assistance or tax credit program or recejvjng some
36 form of direct financial assistance from the County: or
37 C. Nongovernmental organizations approved by the BOCC as affordable housing
38 providers.
39 (9) Should an entity fail to satisfactorily fulfill the terms and conditions of the written
40 agreement executed pursuant to subsection (cf))(6) and (8) of this section. the
41 Planning Director shall provide written notice to the subject entity to show cause why
42 the agreement should not be terminated within 30 days. If the entity fails to respond
43 or is unable to demonstrate to the satisfaction of the Planning Director that it is
44 meeting the terms and conditions of its agreement, the agreement may be terminated
45 by the Planning Director within 30 days of the written notice.
Ordinance No. 001 -2021 Page 12 of 30
File 2019-097
I d) Interlocal affordable rate of growth allocation agreements.
2 The BOCC may authorize interlocal agreements between the County and the cities of
3 Marathon_ and Key West_ and Islamorada_ Village of Islands for the puwose of sharing
4 residential rate of growth affordable housing allocations. The interlocal agreements may be
5 based upon a specific project proposal within one or more jurisdictions or may be for a
6 specific allocation of units on an annual basis, from the county to a municipality or from a
7 munici ali to the counjV. The interlocal agreements may also accept and/or transfer
8 allocations pursuant to the 2012 Hurricane Evacuation Clearance Time Memorandum of
9 Understanding. All allocations made available to a jurisdiction must meet the applicable
10 affordable housing requirements of the receiving jurisdiction's land development regulations
11 and affordable housing ordinances.
12 Lej(b)Residential Inclusionary#Housing fRequirements.
13 (1) Purpose and intent. The purpose of this subsection (eb), consistent with Goal 601 of
14 the Comprehensive Plan, is to ensure that the need for affordable housing is not
15 exacerbated by new residential development and redevelopment of existing affordable
16 housing stock. The intent of this subsection is to protect the existing affordable housing
17 stock, to permit owners of mobile homes and mobile home spaces to continue
18 established mobile home uses consistent with current building and safety standards and
19 regulations and to ensure that, as residential development, redevelopment and mobile
20 home conversions occur, Comprehensive Plan policies regarding affordable housing
21 are implemented.
22 (2) Applicability. Except as provided in subsection (e4)(3) of this section, the residential
23 inclusionary housing requirements set forth below shall apply. Determinations
24 regarding the applicability of this subsection shall be made by the Planning Director.
25 The applicant shall provide the necessary information to determine compliance with
26 the residential inclusionary housing requirements on the forms prescribed by the
27 Planning Director. For purposes of calculating the number of affordable units required
28 by this subsection, density bonuses shall not be counted and only fractional
29 requirements equal to or greater than 0.5 shall be rounded up to the nearest whole
30 number.
31 a. Residential developments, other than mobile home or mobile home spaces
32 covered by subsection (e4)(2)b. of this section, that result in the development or
33 redevelopment of three (for more dwelling units on a parcel or contiguous
34 parcels shall be required to develop or redevelop at least 30 percent of the
35 residential units as affordable housing units. Residential development or
36 redevelopment of three �jhunits on a parcel or contiguous parcels shall require
37 that one (adeveloped or redeveloped unit be an affordable housing unit. For the
38 purpose of this section, and notwithstanding subsection (e4)(2)b. of this section,
39 any dwelling unit exceeding the number of lawfully established dwelling units on
40 site, which are created by either a THE or ROGO allocation award, shall be
41 considered developed units.
42 b. The removal and replacement with other types of dwelling units of ten 10 or
43 more mobile homes that are located on a parcel or contiguous parcels and/or the
44 conversion of mobile home spaces located on a parcel or contiguous parcels into
45 a use other than mobile homes shall be required to include in the development or
Ordinance No. 001 -2021 Page 13 of 30
File 2019-097
I redevelopment a number of affordable housing units equal to at least 30 percent
2 of the number of existing units being removed and replaced or converted from
3 mobile home use or, in the event the new use is nonresidential, to develop
4 affordable housing units at least equal in number to 30 percent of the number of
5 mobile homes or mobile home spaces being converted to other than mobile home
6 use. Removal and replacement or conversion to a different use of ten LLO mobile
7 homes or mobile home spaces on a parcel or contiguous parcels shall require that
8 three�Lunits be replaced or converted to deed-restricted affordable housing.
9 C. In calculating the number of affordable housing units required for a particular
10 project, or phase of a project, all dwelling units proposed for development or
11 redevelopment or mobile homes or mobile home spaces to be converted from
12 mobile home use sinee the off etive,a e of�he or-dina*ee fFefn whieh this see r
13 is de d shall be counted. In phased projects, the affordable housing
14 requirements shall be proportionally allocated among the phases. If a subsequent
15 development or redevelopment is proposed following a prior development
16 approved on the same property as it existed as of the effective date of the
17 ordinance (ORD 030-2003, 017-2006, 011-2008 & 006-2016) from which this
18 section is derived, which prior development did not meet the compliance
19 thresholds set forth in subsection (e4)(2)a. or (&)(2)b. of this section, the
20 requirements of subsection (e4)(2)a. or (e4)(2)b. of this section shall be met as
21 part of the subsequent development for all units proposed for development or
22 redevelopmentafter-�he off etive,a e of�he or-dina*ee f of Whieh phis seeti r ;
23 derived.
24 (3) Exemptions and waivers.
25 a. The following uses shall be exempt from the inclusionary housing requirements
26 set forth in subsection (e4)(2)a. of this section: affordable housing, employee
27 housing, nursing homes, or assisted care living facilities.
28 b. The BOCC may reduce, adjust, or waive the requirements set forth in this
29 subsection (eh) where, based on specific findings of fact, the BOCC d
30 concludes,with respect to any developer or property owner, that:
31 1. Strict application of the requirements would produce a result inconsistent
32 with the Comprehensive Plan or the purpose and intent of this subsection;
33 2. Due to the nature of the proposed residential development, the development
34 furthers Comprehensive Plan policies and the purpose and intent of this
35 subsection through means other than strict compliance with the requirements
36 set forth herein;
37 3. The developer or property owner demonstrates an absence of any reasonable
38 relationship between the impact of the proposed residential development and
39 requirements of this subsection (eh); eF
40 4. The strict application with the requirements set forth herein would
41 improperly deprive or deny the developer or property owner of constitutional
42 or statutory rights; or-
43 5. In the event of a declared State of Local Emergency, the BOCC adopts BOCC adopts a
44 resolution recognizing that the strict application of the nonresidential
45 inclusionary requirements would not enhance nor protect the health, safety
46 and welfare of the community.
Ordinance No. 001 -2021 Page 14 of 30
File 2019-097
I C. Any developer or property owner who believes that he/she may be eligible for
2 relief from the strict application of this section may petition the BOCC for relief
3 under this subsection (e4)(3) of this section. Any petitioner for relief hereunder
4 shall provide evidentiary and legal justification for any reduction, adjustment or
5 waiver of any requirements under this section.
6 (4) Alternate compliance.
7 a. Deed-restriction of existing dwelling units. Compliance with this subsection may
8 be achieved through the deed-restriction of existing dwelling units requiring that
9 the affected units remain subject to the county's affordable housing restrictions for
10 a period not less than the period prescribed in subsection(5)(c)3.,below, according
11 to administrative procedures established by the county.
12 The following example is set forth to illustrate potential application options:
13 Example: Owner/developer has 100 development rights
14 0 Option 1: Owner/developer may build up to 70 market rate units and shall
15 build 30 affordable units (using conventional compliance method.) The
16 owner's 100 development rights yield a ratio of 70 market rate units and 30
17 affordable units.
18 0 Option 2: Owner/developer may build up to 70 market rate units and shall
19 purchase and deed-restrict 30 existing market rate units (in lieu of building
20 30 new affordable units.) The owner's 100 development rights again yield a
21 ratio of 70 market rate units to 30 affordable units.
22 0 Option 3: Owner/developer may build up to 100 new market rates. If the
23 developer wishes to use all 100 development rights for market rate
24 development, his/her inclusionary compliance requirement to purchase and
25 deed-restrict existing market rate units increases, and in this case for
26 example, calculates to 43 total affordable units. (The owner's 100
27 development rights yield a ratio of 100 market rate units to 43 affordable
28 units, which is equivalent to the ratio of 70 market rates units to 30
29 affordables units: 100/43 =70/30.)
30 b. In-lieu fees. The developer of a project subject to the requirements of this
31 subsection (eh) may contribute a fee in-lieu of the inclusionary housing
32 requirements for all or a percentage of the affordable housing units required by
33 subsection (e4)(2). The developer shall pay per unit in-lieu fees, the current
34 maximum sales price for a one-bedroom affordable unit as established under
35 Section 139 ml(a) 101-1. All in-lieu fees shall be deposited into the affordable
36 housing trust fund and spent solely for the purposes allowed for that fund. The
37 developer, along with any corresponding in-lieu fees, shall transfer to the county
38 ownership the associated ROGO allocations or ROGO-exempt development
39 rights for any affordable unit(s) required by this section for which the in-lieu fee
40 option is used to construct the affordable unit(s). In order to utilize the in-lieu fee
41 alternate compliance option,the developer must contribute the fee with associated
42 ROGO allocations or exemptions. If ROGO allocations or exemptions are not
43 available, the developer may not utilize this option.
44 C. Land donation.Upon the acceptance of the BOCC of a proposed onsite or offsite
Ordinance No. 001 -2021 Page 15 of 30
File 2019-097
I parcel (or parcels), a developer may satisfy the requirements of this subsection by
2 donating to the county, or other agency or not-for-profit organization approved
3 by the BOCC mod, one CIS or URM platted lot for each inclusionary unit
4 required but not provided through actual construction or in-lieu fees (or a parcel
5 or parcels of land zoned other than IS or URM as long as the donated parcel(s)
6 will support the development of an appropriate number of affordable inclusionary
7 units). Lots or other parcels so provided shall not be subject to environmental or
8 other constraints that would prohibit immediate construction of affordable
9 housing units. The developer, along with any corresponding donated parcel(s),
10 shall transfer to the county ownership the associated ROGO allocations or
11 ROGO-exempt development rights for any affordable unit(s)required under this
12 section. In order to utilize the land donation alternate compliance option, the
13 developer must donate the land with associated ROGO allocations or exemptions.
14 If ROGO allocations or exemptions are not available, the developer may not
15 utilize this option.
16 (5) Applicable standards.
17 a. Incentives. All incentives and bonuses provided by the land development and
18 other regulations for the construction of affordable housing shall be available to
19 builders of affordable housing provided pursuant to this subsection (eh)
20 including, but not limited to, density and floor area ratio bonuses, residential
21 ROGO allocation set asides and points, and impact fee waivers.
22 b. Developer€irresponsibility.
23
24
25
26
27 _
28
29
30
31
32
33
34
35
36
37
38
39 l.-2- If the applicant elects to pursue alternative compliance as set forth in
40 subsection (e4)(4) of this section, the deed-restriction of existing dwelling
41 units shall be recorded prior to the issuance of a building permit for any
42 market rate unit, and/or any in-lieu fees must be paid or parcels donated,
43 including the transfer to the county ownership the associated ROGO
44 allocations or ROGO-exempt development rights,prior to the issuance of a
45 building permit for any market rate unit.
46 2. If a developer does not elect to meet the requirements of subsection (e4)(21
Ordinance No. 001 -2021 Page 16 of 30
File 2019-097
I of this section through alternative compliance as set forth in subsection
2 e4)(4) of this section, or obtain approval for an adjustment to. a partial
3 exemption from or a waiver of strict compliance pursuant to subsection
4 e4)(3)of this section,the developer must post a bond equivalent to 200 449
5 percent of the in-lieu fees that otherwise would have been required through
6 the in-lieu alternate compliance option prior to the issuance of a building
7 permit for any market rate units. The county shall retain any bond money or
8 guaranties in escrow until the affordable housing is completed, or for a
9 period of three (3) years_ whichever comes first. Upon the issuance of
10 certificates of occupancy for the affordable housing units, the county shall
11 release to the developer any bonds or guaranties relating to the portion of
12 the inclusionary housing requirement satisfied. If the developer has not
13 satisfied the requirements of this section by completing the required
14 affordable housing units within three (3) years, all or the corresponding
15 portion of the bond funds shall be forfeited to the affordable housing trust
16 fund.
17 C. Standards. Affordable housing provided pursuant to subsection (e4)(2) of this
18 section shall comply with the standards set forth in subsections (b) and (c) and
19 below_ A-applications for development projects subject to these requirements
20 and developers and property owners shall provide to the county information and
21 necessary legal assurances to demonstrate current and continued compliance with
22 these provisions, consistent with the applicable enforcement mechanisms set
23 forth in subsection (c) of this section
24 Vie. The county may institute any appropriate legal action necessary to ensure
25 compliance with this subsection.
26 1. Affordable housing units required pursuant to subsection(e4)(2)of this section
27 are restricted to sales prices and annual rental amounts for households that
28 shall not exceed the ,,djtiste g-^ annual income limits for Ode- to ir^^me
29 owner-occupied or rental housing, as defined in Section 101-1;
30 2 A able i be sold ^ r-ented only to per-sons whose total
31
33
t� t i .a f .,.a f 99 1, olds th t t th
34 zH�i�--irrE�-rEt2crrvr-f�32fivcr-vrTr�ccrr,Tt6�rvzrs vra�-zrrcrczirccc-crrc
35 _ ;
36 24. Affordable housing units provided pursuant to subsection (e4)(2) of this
37 section may be provided on-site, off-site or through linkage with another off-
38 site project as provided in subsection (gs) of this section;
39
40
41 36. Each affordable unit provided pursuant to subsection (e4)(2) of this section
42 shall contain a minimum of 350400 square feet of habitable floor area a*d�he
43
44 inn e foot•
45
46 feet of habitable fleer area;, ar"'r'aa-'a"r-Hng vEe"a*e)4
Ordinance No. 001 -2021 Page 17 of 30
File 2019-097
I a*yaff-e,-dable b etising rental „it of etl e f ; e lifnited by stateor- fe
2 stattl-te or- mle eeneeri eh leld ineeme, a lessee hetisehold's
3 _
4 b etisehol.a ineeme for-the eeti„t.,,to be . .,l ly ver-ified. if the; e E)f the
5
6 end ofihe e*iscing lease-tef1. The fnffliifntifnT as tefm shall be cirec
7 ;
8
8. When detefmining eligibility er-iter-ia, �he eeti� shall asstime family size as-
9
10 shall t be „sed to establish the Vie- f indi ,;,ails :,1,
11
12 req nreme nser-e4ed by he definition.,f"a ff-e-.a.,l,1 i�in Seetion 1 T-
13
14 9. The ineeme of eligible b etiseholds shall be deter-mined by eetmting .my the
15
16 a „tt For- ., b etisehol a „t ;,,;,, t a„lts r-el4ed by fnafFiage ., .aefnest;
17
18 eembined o ,.1.,.,,, e t hetir-s shall be eetmted, whieh shall be eensider-e a t
19
20 regardless of age shall t be .a lettl�,ting ., h 1. ld' .
im�rvc-v�e6Tkntccc-;-Pr^cirr "cnvrccT-iacv^rire-,
21 •and
22 44-9. The county will not issue certificates of occupancy for market rate units
23 associated with development or redevelopment projects subject to the
24 provisions of this subsection (eh) unless and until the developed affordable
25 housing units have an approved and recorded deed restriction, and certificates
26 of occupancy have been issued for required affordable housing units—let
27 .
28 (6) Monitoring and review.
29 The requirements of this subsection (e4) shall be monitored to ensure effective and
30 equitable application. Every two years following the effective date of the ordinance
31 from which this section is derived, the BOCC may request the pPlanning dDirector
32 s provide to the BOCC a report describing the impact of this subsection on the
33 provision of affordable housing and other market or socioeconomic conditions
34 influencing or being influenced by these requirements. Issues such as affordability
35 thresholds, inclusionary requirements, and the impacts of these provisions on the
36 affordable housing inventory and housing needs in the county shall be addressed, in
37 addition to other matters deemed relevant by the Planning Ddirector.
38
39 (f) Nonresidential Inclusionary housing requirements.
40 (1) Purpose. Consistent with Goal 601 of the Comprehensive Plan, the purpose of this
41 subsection (f) is to ensure that the need for affordable housing is not exacerbated by
42 nonresidential and transient development, as follows:
43 a. Promote the health, safety and general welfare of the citizens of the County
44 through the implementation of the goals, objectives and policies of the 2030
45 Monroe County Comprehensive Plan, and
Ordinance No. 001 -2021 Page 18 of 30
File 2019-097
I b. To ensure that affordable housing opportunities are available throughout the
2 entire community and to maintain a balanced and sustainable local economy and
3 the provision of essential services, and
4 C. To increase the supply of housing affordable to targeted income groups within
5 the community; and
6 d. To provide a range of housing opportunities for those who work in Monroe
7 County but may be unable to pay market rents or market housing prices in the
8 community; and
9 e. To increase the percentage of the workforce living_ locally ocally and to provide housing
10 opportunities for lower income groups in order to meet the existing and
11 anticipated housing needs of such persons and to maintain a socio-economic mix
12 in the community; and
13 f. To address the affordable workforce housing_ needs eeds generated by the construction
14 and expansion of nonresidential/transient development, and the employment that
15 occurs at the nonresidential/transient development after the construction or
16 expansion is completed, and
17 g. To ensure that affordable workforce housing is provided to the local workforce
18 by the employee generating development proportionate with the demand for
19 affordable workforce housing the development creates, and
20 h. To address market demands that show that the workforce in the County continues
21 to require moderately priced housing units, particularly those whose earnings
22 range from 50 percent up to 120 percent of the County's median income(the target
23 income groups); and
24 i. To stimulate the private sector production of affordable workforce housing and
25 encourage the widespread distribution of affordable workforce housing
26 opportunities throughout all portions of the community, including within new and
27 expanding developments.
28
29 (2) Intent. Nonresidential and transient use development or redevelopment generates a
30 direct impact on housing for the workforce. The intent of this section is to ensure that
31 there is an affordable suply of housing for the local workforce. This will be
32 accomplished by requiring workforce housing be provided for all new development
33 and redevelopment in an amount proportionate to the need for affordable workforce
34 housing that the nonresidential and transient use development or redevelopment
35 creates. The intent of this subsection is to permit nonresidential and transient use
36 owners to continue to establish uses consistent with the current building and safety
37 standards and to ensure that as development and redevelopment occurs, comprehensive
38 plan policies regarding affordable housing are implemented. The technical support and
39 analysis upon which the nonresidential inclusionary housing requirements are
40 established are based upon the `Affordable Workforce HousinZ Support Stud for Non-
41 Residential Development,' prepared by Clarion Associates, LLC, prepared in June
42 2017.
43
44 (3) Applicability. Except as provided in subsection (4) of this section, the nonresidential
45 inclusionary housing requirements set forth below shall apply. This will be
46 accomplished by requiring workforce housinZ be provided for all new development and
Ordinance No. 001 -2021 Page 19 of 30
File 2019-097
I expansions in an amount proportionate to the need for affordable workforce housing
2 that the nonresidential and transient uses create. Expansion as used in this section
3 means extending a use or structure to occupy a greater amount of floor area or square
4 footage beyond that which it occupied. Determinations regarding the Uplicabifity of
5 this subsection shall be made by the Planning Director. The applicant shall provide the
6 necessary information to determine compliance with the nonresidential inclusionary
7 housing requirements on the forms prescribed by the Planning Director. For purposes
8 of calculating the number of affordable workforce housing units required by this
9 subsection, density bonuses shall not be counted, and only fractional requirements
10 equal to or greater than 0.5 shall be rounded up to the nearest whole number.
11 a. New Development. Each new development project not exempted by subsection (4),
12 shall mitigate 50% of the workforce housing demand created by the proposed
13 development by one or a combination of the methods identified in subsection (5).
14 b. Redevelopment With An Expansion. Each redevelopment project not exempted by
15 subsection (4), shall mitigate 50% of the workforce housing demand created by
16 the proposed redevelopment by one or a combination of the methods identified in
17 subsection (5). The workforce housing required for nonresidential development
18 when an existing use is expanded shall be calculated based on the incremental
19 increase is size of the existing _use (net additional square footage).
(net additional square footage).
20 c. Redevelopment With A ChanZe In Use Increasing HousinZ Demand. Each
21 redevelopment project with a change of use increasing housing demand, not
22 exempted by subsection (4), shall mitigate 50% of the workforce housing demand
23 created by the proposed redevelopment by one or a combination of the methods
24 identified in subsection (5). The workforce housing required for nonresidential
25 development when a new use replaces an existing use and increasing housing
26 demand (for example from an industrial use to an office use) shall be calculated
27 based on the square footage proposed for conversion and/or based on the
28 incremental increase in size of the new uses (if any).
29 d. Unspecif ed Use. If a proposed development project does not fall within one of the
30 specific use categories in the table within subsection (5), then the Planning
31 Director shall determine whether the use is comparable to a use category listed and
32 assign a category or may allow the applicant to conduct an independent calculation
33 to determine the appropriate affordable workforce housing inclusionary
34 requirement. If the applicant chooses to propose an independent calculation, the
35 following applies:
36 1. An independent calculation shall require a public meeting with the Board of
37 County Commissioners to determine if there is a mutually agreeable approach
38 to the calculation prior to the application proceeding to the Development
39 Review Committee for review. The review of the independent calculation will
40 not be scheduled as a public hearing, but as a public meeting during which
41 the BOCC may offer their input and direction and the public may have input
42 on the proposed methodology and calculation.
43 2. The applicant shall use _generally accepted principles and methods and
44 verifiable local information and data, and other appropriate materials to
45 suport the employee generation data and housing demand calculated.
Ordinance No. 001-2021 Page 20 of 30
File 2019-097
1 3. The BOCC may agree or disagree with the independent calculation for
2 mitigation based on generally recognized principles and methodologies of
3 impact analysis and the accuracy of the data, information, and assumptions
4 used to prepare the independent calculation.
5 4. Each development project subject to an independent calculation and not
6 exempted by subsection (4), shall mitigate 50% of the demand for workforce
7 housing created by the development.
8
9 (4) Exemptions and waivers.
10 a. The following uses shall be exempt from the nonresidential inclusionary housing
11 requirements set forth in subsections (f)(3) and(5) of this section:
12 1. Affordable housing developments, and
13 2. Residential developments, and
14 3. Nursing homes, assisted care living facilities, and retirement homes, and
15 4. Mobile home and manufactured home parks and subdivisions, and
16 5. Public facilities and public buildings and uses limited to parks, public
17 infrastructure and utilities, and wireless communication facilities, and
18 6. Airport uses, and
19 7. Agricultural uses, and
20 8. The redevelopment,remodeling,repair or cumulative expansion of a lawfully
21 established nonresidential use that does not increase the area of the
22 nonresidential use by more than 1,000 square feet of gross floor area and the
23 use is not changed to a different use category.
24 b. The BOCC may reduce, adjust, or waive the requirements set forth in this
25 subsection(f),based on specific findings of fact,where the BOCC concludes,with
26 respect to any applicant, that:
27 1. Strict application of the requirements would produce a result inconsistent
28 with the Comprehensive Plan or the purpose and intent of this subsection,
29 2. Due to the nature of the proposed nonresidential development, the
30 development furthers Comprehensive Plan policies and the purpose and
31 intent of this subsection through means other than strict compliance with the
32 requirements set forth herein,
33 3. The applicant demonstrates an absence of any reasonable relationship
34 between the impact of the proposed nonresidential development and
35 requirements of this subsection (f),
36 4. The strict application with the requirements set forth herein would
37 improperly deprive or deny the applicant of constitutional or statutory rights,
38 or
39 5. In the event of a declared State of Local Emergency, the BOCC adopts a
40 resolution recognizing that the strict application of the nonresidential
41 inclusionary requirements would not enhance nor protect the health, safety
42 and welfare of the community.
43 Any applicant who believes that he/she may be eligible for relief from the strict
44 application of this section may petition the BOCC for relief under this subsection
45 (f)(4). Any petitioner for relief hereunder shall provide evidentiary and legal
46 justification for any reduction, adjustment or waiver of any requirements under
47 this section. The petitioner shall use generally nerally accepted principles and methods
Ordinance No. 001 -2021 Page 21 of 30
File 2019-097
I and verifiable local information and data, and other appropriate materials to
2 support the requested relief.
3
4 (5) Compliance Requirements. Nonresidential development or redevelopment protects
5 shall provide affordable workforce inclusionary housing as provided in subsection (3)
6 of the workforce housing demand created by the new or expanded development or
7 redevelopment in accordance with the standards in the table below.
8 a. The table indicates the number of workforce housing units or in-lieu fee needed
9 for every square foot (and per 1,000sf) of new development or redevelopment
10 (expanded or converted square footage) for each category of non-residential land
11 use.
12
TOTAL NEED CREATED BY NONRESIDENTIAL DEVELOPMENT
(for construction and post-construction emplo ey es).
Total Housing Total Total In-Lieu Total In-Lieu
Land Use Category Need per Housing Fee per 1,000sf Fee per sf
1,000sf Need per sf (mone fee (move fee
(units/1000sfl units/s /1000s /ss
Commercial Retail
(Retail stores,supermarkets,shopping 0.416 0.000416 $66,722 $66.72
centers,restaurants,etc.)
Office
(Professional and non-professional office 0.704 0.000704 $78,492 $78.49
buildings_etc.
Industrial
(Light manufacturing,lumber yards_ 0.226 0.000226 $24,397 $24.39
warehousing,storage facilities,etc.)
Institutional
(Religious facilities,private schools, 0.337 0.000337 $36,284 $36.28
colleges,daycares,etc.)
Tourist/recreational
(Theatres,auditoriums,nightclubs,tourist 0.614 0.000614 $104,691 $104.69
attractions,etc.)
Hotel&Motel 0.295 0.000295 $49,947 $49.94
(Transient uses)
Governmental
(Governmental office buildings,public 0.427 0.000427 $38,285 $38.28
schools,etc.)
Other
(Utility, gas,and electric uses,minim,and 0.644 0.000644 $99,838 $99.83
sewage disposal facilities
13 Data for the mitigation requirement is from the Affordable Workforce Housing Support Stud,�for Non-
14 Residential Development,'prepared by Clarion Associates,LLC,for Monroe County in June 2017.
15
16 b. The inclusionary housing unit requirement (or required number of workforce
17 housing dwelling units) for the nonresidential development or redevelopment
18 shall be calculated by multiplying the per square foot requirement for the
19 appropriate type of land use category by the proposed square footage of the
20 nonresidential development and/or the incremental increase in size of the
Ordinance No. 001 -2021 Page 22 of 30
File 2019-097
I nonresidential use (net additional square footage) and applyin the he appropriate
2 mitigation standard.
3 C. The inclusionary in-lieu fee requirement(or required amount of monetary fee)for
4 the nonresidential development or redevelopment shall be calculated by
5 multiplying _the per square foot requirement for the appropriate We per square foot requirement for the ppropriate We of land use
6 category by the proposed square footage of the nonresidential development
7 and/or the incremental increase in size of the nonresidential use (net additional
8 square footage)and aplying the apropriate mitigation standard.
9 d. Expansions to nonresidential and transient uses shall be tracked for cumulative
10 changes and compliance with subsection (f). In phased projects, the inclusionary
11 requirements shall be proportionally allocated among the phases. If phases. If a subsequent
12 development or redevelopment is proposed following a prior development
13 approved on the same property, after the effective date of this ordinance, the
14 requirements in this section shall be met as part of the subsequent development
15 or redevelopment.
16 e. The following table provides EXAMPLE calculations of the nonresidential
17 inclusionary requirements:
18
Total Total In- 100%Mitigation 50%Mitigation 30%Mitigation
Housing Lieu Fee
Need per ep r sf In-lieu In-lieu
of (monetary Units In-lieu fees Units fees Units fees
units/s fee/s
Commercial Retail 5,000 SF 2.08 $333,610 1.04 $166 805 0.62 $100,083.0
(Retail stores, 10,000 SF 4.16 $667,220 2.08 $333 610 1.25 $200,166
supermarkets, 0.000416 $66.72
shopping centers, 20,000 SF 8.32 $1,334,440 4.16 $667,220 2.50 $400,332
restaurants etc.
Office 5,000 SF 3.52 $392,460 1.76 $196 230 1.06 $117,738
(Professional and 10,000 SF 7.04 $784,920 3.52 $392 460 2.11 $235,476
non-professional 0.000704 $78.49 -
offrcebuildin s etc. 20,000 SF 14.09 $1,569,840 7.04 $784920 4.23 $470,952
Industrial 5,000 SF 1.13 1 $121,985 0.56 $60,993 0.34 $36,596
(Light manufacturing, -
lumberyards, 0.000226 $24.39 10,000 SF 2.26 $243,970 1.13 $121985 0.68 $73,191
warehousing,storage 20,000 SF 4.51 $487,940 2.26 $243970 1.35 $14LIK
facilities etc. -
Institutional 5,000 SF 1.69 $181,420 0.84 $90 710 0.51 $54,426
(Religious facilities, 10,000 SF 3.37 $362,840 1.69 $181420 1.01 $108,852
private schools, 0.000337 $36.28
colleges,da,cares, 20,000 SF 6.74 $725,680 3.37 $362,840 2.02 $217,704
etc.
Tourist/recreational 5,000 SF 3.07 $52 45455 1.54 $261 728 0.92 $157,037
Theatres 10,000 SF 6.14 $1,0 66,910 3.07 $523 455 1.84 $314,073
auditoriums, 0.000614 $104.69
nightclubs,tourist 20,000 SF 12.28 $2,093,820 6.14 $1,046,910 3.69 $628,146
attractions,etc.)
Hotel&Motel 5,000 SF 1.58 $249,735 0.79 $124 868 0.47 $74,921
(Transient uses) 0.000295 $49.94 10,0 00 SF 3.15 $499,470 1.58 $249 735 0.95 $149,841
20,000 SF 6.31 $998,940 3.15 $499 470 1.89 $299,682
Governmental 5,0 00 SF 2.14 $191,425 1.07 $95 713 0.64 $57,428
0.000427 $38.28 10,000 SF 4.28 $382,850 2.14 $191425 1.28 $114,855
Ordinance No. 001 -2021 Page 23 of 30
File 2019-097
(Governmental office
buildings,public 20,000 SF 8.55 $765,700 4.28 $382,850 2.57 $229,710
schools etc.
Other 5,000 SF 3.22 $499,190 1.61 $249 595 0.97 $149,757
(Utility,gas,and 10,000 SF 6.44 $998,380 3.22 $499190 1.93 $299,514
electric uses,mining, 0.000644 $99.83
and sewage disposal 20,000 SF 12.88 $1,996,760 6.44 $998,380 3.86 $599,028
facilities
1
2 f. All nonresidential uses not exempted by subsection(4) shall mitigate the demand
3 for workforce housing created by the proposed development or redevelopment by
4 one or a combination of the methods identified below.
5 1. The construction of workforce housing dwelling units on the site of the
6 development project. The workforce housing dwelling units shall meet the
7 County's affordable housing restrictions as specified in Section 139-1(b) and
8 (c), for a period not less than 99 years,
9 2. The construction of workforce housing dwelling units off-site of the
10 development project but within a 15 mile radius of the nonresidential
11 development/ redevelopment. The workforce housing dwelling units shall
12 meet the County's affordable housing restrictions as specified in Section 139-
13 1(b) and (c), for a period not less than 99 years,
14 3. The deed-restriction of existing dwelling units within a 15 mile radius of the
15 nonresidential development/redevelopment. The workforce housing dwelling
16 units meet the County's affordable housing restrictions as specified in Section
17 139-1(b) and (c), for a period not less than 99 years,
18 4. The donation of land to the County, upon the acceptance of the BOCC of a
19 proposed parcel or parcels,may satisfy the requirements of this subsection by
20 donating one(1)IS or URM zoned platted lot for each workforce housing unit
21 required but not provided through actual construction or in-lieu fees (or a Tier
22 III parcel or parcels of land zoned other than IS or URM as long as the donated
23 parcel(s) have the apropriate density available to suport the development
24 of the required number of workforce units), and/or
25 5. The payment of a fee in-lieu for the inclusionary housing requirement for all
26 or a percentage of the workforce housing units required. The in-lieu fee shall
27 be paid prior to issuance of a building permit for the nonresidential
28 development or redevelopment. All in-lieu fees shall be deposited into the
29 affordable housing trust fund and spent solely for the purposes allowed for
30 that fund.
31 e. If the workforce housing requirement results in less than one (1) affordable
32 dwelling unit,then the applicant may choose to build one(1) affordable dwelling
33 unit or pay the fee in-lieu amount.
34
35 (6) Applicable Standards.
36 a. Incentives. All incentives and bonuses provided by the land development and
37 other regulations for the construction of affordable housing shall be available to
38 builders of workforce housing provided pursuant to this subsection (f) including,
39 but not limited to, density and floor area ratio bonuses, residential ROGO
40 allocation set asides and points, and impact fee waivers.
Ordinance No. 001 -2021 Page 24 of 30
File 2019-097
I b. Standards. Workforce housing provided pursuant to subsection (f) shall comply
2 with the standards set forth in subsections (b) and(c) and below. Applications for
3 development projects subject to these inclusionary requirements and applicants
4 shall provide to the County information and necessary legal assurances to
5 demonstrate current and continued compliance with these provisions, consistent
6 with the applicable enforcement mechanisms set forth in Section 139-1(c). The
7 County may institute any appropriate legal action necessary to ensure compliance
8 with this subsection.
9 1. Workforce housing units required pursuant to this subsection are restricted
10 to either units for the owner of the nonresidential use that meets the sales
11 price and annual income limits for owner-occupied housing, as defined in
12 Section 101-1 or rental units that meet the rental amounts and annual income
13 limits for rental housing, as defined in Section 101-1,
14 2. Workforce housing units provided pursuant to subsection (f) may be
15 provided on-site, off-site as provided in subsection (f)(5),or through linkage
16 with another off-site project as provided in subsection (g) of this section,
17 3. Each workforce unit provided pursuant to this subsection shall contain a
18 minimum of 350 square feet of habitable floor area,
19 4. The County will not issue certificates of occupancy for the nonresidential
20 and transient development or redevelopment projects subject to the
21 provisions of this subsection (f)unless and until: (1)the required number of
22 inclusionary affordable workforce housing units have an approved and
23 recorded deed restriction, and certificates of occupancy have been issued for
24 the workforce housing units, and/or (2) the required number of existing
25 dwelling units must have an approved and recorded deed-restriction, and/or
26 (3)the donation of parcels to the County is completed.
27 5. Prior to the issuance of a building permit for the nonresidential and transient
28 development or redevelopment projects, any in-lieu fees must be paid.
29
30 (7) Monitoring and review.
31 The requirements of this subsection (f) shall be monitored to ensure effective and
32 equitable application. Every two years, following the effective date of the ordinance
33 from which this section is derived, the BOCC may request the Planning Director
34 provide to the BOCC a report describing the impact of this subsection on the provision
35 of affordable workforce housing and other market or socioeconomic conditions
36 influencing or being influenced by these requirements. Issues such as affordability
37 thresholds, inclusionary requirements, and the impacts of these provisions on the
38 affordable housing inventory and housing needs in the county shall be addressed, in
39 addition to other matters deemed relevant by the director.
40
41
42 (8) Inclusionary Requirement Reduction for Very low and Low Income Units.
43 Certain types of workforce housing are relatively more desirable in satisfying the
44 affordable housing needs of the workforce. To address the market demands that show
45 that the workforce in the County continues to require lower priced rental housing_ units.
nits,
46 particularly those whose earnings are up to or below 80 percent of the County's median
Ordinance No. 001 -2021 Page 25 of 30
File 2019-097
I income, an applicant with an inclusionary requirement of five (5) or more units, which
2 builds all the required affordable units as low-income and very low-income either on
3 site or within 5 miles of the nonresidential or transient development project, shall have
4 a reduced inclusionary housing requirement of 40%. The workforce housing units shall
5 meet the County's affordable housing rental restrictions as specified in Section 139-
E 1(b) and (c), for a period not less than 99 years. An applicant may not propose the
7 payment of a fee in-lieu for any portion of the inclusionary housing requirement.
8
9 (ge) Linkage of projects.
10 (1) Two or more development (residential and/or nonresidentiali_projects that are required
11 to provide affordable housing may be linked to allow the affordable housing requirement
12 of one development project to be built at the site of another project, so long as the
13 affordable housing requirement of the latter development is fulfilled as well and the
14 projects are within a 15 mile radius of the nonresidential development/ redevelopment.
15 The affordable units must be built either before or simultaneously
16 with the projects , 4h etA, or-w4h fewer-tha the ro rod ff-e-,a ble t Nits Sequencing
17 of construction of the affordable component of linked projects may be the subject of the
18 pPlanning department or the pPlanning eCommission's approval of a project.
19 In addition, if a developer builds more than the required number of affordable units at a
20 development site,this development project may be linked with a subsequent development
21 project to allow compliance with the subsequent development's affordable unit
22 requirement provided: the developer may not utilize affordable units previously built
23 with County financial investment, other than building permit fee waivers and impact fee
24 waivers, the projects are within a 15 mile radius of the nonresidential development/
25 redevelopment, and the affordable units proposed to satisfy the inclusionary housing
26 requirement may not have received certificates of occupancy three (3) years prior to the
27 project approval for the development triggering the inclusionary housing requirement.
28 Additionally, if the affordable units are proposed to satisfy nonresidential inclusionary
29 requirements, the units are restricted to either workforce housing units for the owner of
30 the nonresidential use that meets the sales price and annual income limits for owner-
31 occupied housing,as defined in Section 101-1 or rental workforce housing units that meet
32 the rental amounts and annual income limits for rental housing, as defined in Section
33 101-1. The linkage must be identified shied by the developer to the pPlanning
34 c-Commission at the time of the subsequent development's conditional use approval.
35 (3) Fi*aIly-,-aAll linkages under this subsection may occur between sites within the county
36 and in the cities of Key West, Marathon and Islamorada, subject to an interlocal
37 agreement,where appropriate_ The linkage must occur within 15 miles of each
38 project and within the same geographic planning area, i.e., lower middle and upper keys.
39 All linkages must be approved via a covenant running in favor of the sCounty, and if the
40 linkage project lies within a city, also in favor of that city. The covenant shall be placed
41 upon two or more projects linked, stating how the requirements for affordable housing
42 are met for each project. The covenant shall be approved by the BOCC and, if applicable,
43 the participating municipality.
44 (4) Projects with existing affordable units that have existing approvals, approved prior to the
45 effective date of this ordinance, which allow linkage of the affordable housing units to
Ordinance No. 001 -2021 Page 26 of 30
File 2019-097
I satisfy inclusionary requirements shall not be subject to the provisions subsection(g)and
2 shall follow the provisions of the existing, aproved development order(sl.
3 (hd)Affordable housing trust fund.
4 The affordable housing trust fund(referred to as the "trust fund") is established. The trust fund
5 shall be maintained with funds earmarked for the purposes of furthering affordable housing
6 initiatives in municipalities and unincorporated areas of the county. Monies deposited into the
7 trust fund shall not be commingled with general operating funds of the county. The trust fund
8 shall be used only for the following:
9 (1) Financial aid to developers as project grants for affordable/workforce housing
10 construction;
11 (2) Financial aid to homebuyers as mortgage assistance, including,but not limited to, loans
12 or grants for down payment assistance;
13 (3) Financial incentives for the conversion of units to affordable residential units;
14 (4) Direct investment in or leveraging housing affordability through site acquisition,
15 housing development and housing conservation; or
16 (5) Other affordable housing purposes as may be established by resolution of the BOCC,
17 which shall act as trustees for the fund. The BOCC may enter into agreements or make
18 grants relating to the use of trust funds with or to the county housing authority or other
19 local government land or housing departments or agencies, a qualified community
20 housing development organization or nonprofit or for-profit developer of affordable or
21 employee housing, or a municipality within the county.
22 Cie) Community housing development organization.
23 The BOCC may establish a nonprofit community housing development organization(CHDO),
24 pursuant to federal regulations governing such organizations, to serve as developer of
25 affordable housing units on county-owned property, including or located in the municipalities
26 of the county, upon interlocal agreement. In such event, the county may delegate to the
27 community housing development organization all or partial administration of the affordable
28 housing trust fund.
29
30 [moved to subsection (c)]
31
32
33
34
35
36
37
38
39
40
41
42
43
44 ttnits to
45 ;
46
Ordinance No. 001 -2021 Page 27 of 30
File 2019-097
1and of stibs@
2
3
4
5 .
6
7
8
9
10
11
12
13
14
15
16 .,rr_-M-4- . nnnn
17
18
19
20 that th@ p6ytomt a"
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40 wt
41
42
43
44
45
46
47
48
49
50
51
Ordinance No. 001 -2021 Page 28 of 30
File 2019-097
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 [moved to subsection (d)]
18
19 ,
20
21
22
23
24
25
26 Section 3. Severability. If any section, paragraph, subdivision, clause, sentence or
27 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
28 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
29 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
30 provision immediately involved in the controversy in which such judgment or decree shall be
31 rendered.
32
33 Section 4. Construction and Interpretation. This ordinance and its interpretation and
34 application shall be liberally construed and enforced in favor of the Monroe County Board of
35 County Commissioners to effectuate its public purpose(s) and policy(ies) of Monroe County,
36 Florida. The construction and application of this Ordinance shall further be deferred in favor of
37 the Monroe County Board of County Commissioners and such interpretation and application shall
38 be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy
39 proceeding(s), and on appeal.
40
41 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
42 this ordinance are hereby repealed to the extent of said conflict.
43
44 Section 6. Transmittal. This ordinance shall be transmitted to the Florida State Land
45 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
46
47 Section 7. Filing. This ordinance shall be filed in the Office of the Secretary of the State
48 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
Ordinance No. 001 -2021 Page 29 of 30
File 2019-097
1 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
2 approving the ordinance, and if the final order is challenged, until the challenge to the order is
3 resolved pursuant to F.S. Chapter 120.
4
5 Section 8.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
6 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
7 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
8 marking system of the Code.
9
10 Section 9. Effective Date. This Ordinance shall become effective as provided by law and
11 stated above.
12
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
14 at a regular meeting held on the 17th day of February,2021.
15
16 Mayor Michelle Coldiron Yes
17 Mayor Pro Tern David Rice Yes
18 Commissioner Craig Cates Yes
19 Commissioner Eddie Martinez Yes
20 Commissioner Mike Forster Yes
21
22
23
24 BOARD OF COUNTY • •• - • I. RS
25 49 ._ OF MON O 4i V,t• Y LO
2 " s IMP
I
2 BY
2 MAYOR MICHELLE COLDIRON
2 6 -
30 �`•�'.,:'T� MONROE CO ATTORNEY
32 ATsi: KENT MADOK CLERK APP TO FORM
33
34 AS DEPUTY CLERK PETER MORRIS
ASSISTANT COUNTY ATTORNEY
35 Date: 90/21 e
3 - 1
s _ a -
-
v
W 2
Ordinance No. 001 -2021 Page 30 of 30
File 2019-097
iecrriz
KE
Y ;4r
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
02050 OV RS�S HWY GOVERNMENT CENTERBOARD OF COUNTY
KEY LARGO FL 33037 COMMISSIONERS
Account: 138694 Ticket: 377417 NOTICEF PUBLIC
PUBLISHER'S AFFIDAVITMEETING AND NOTICE
STATE OF FLORIDA [legal.te. OF PUBLIC HEARING
COUNTY OF MONROE NOTICE F CHANGE TO
Before the undersigned authority personally appeared MONROETHE COUNTY
v, who on oath says that he or she isLAND DEVELOPMENT
of the Key West Citizen,a daily CODE
newspaper published in Key West, in Monroe County, Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said February 17, 2021
newspaper in the issues of:
Sunday,January 31,2021 NOTICE IS HEREBY GIVEN that on Wednesday, February 17,
2021 the Monroe County Board of County Commissioners will hold
a Public Meeting,beginning at 09:00 AM.The BOCC meeting will
Affiant further says that the Key West Citizen is a newspaper published in Key be a hybrid format with the County Commission members meeting
West,in said Monroe County, Florida and that the said newspapers has hereto- live in Key West, while the public will be able to participate-via
fore been continuously published in said Monroe County,Florida every day,and doom Webinar.The following item will be considered at a PUBLIC
MEETING:
has been entered as periodicals matter at the post office in Key West,in said
Monroe County, Florida,for a period of 1 year next preceding the first publication PUBLIC HEARINGS;1:30 PM(or as soon thereafter as may;be
of the attached copy of advertisement;and affiant further says that he or she has heard)-
neither paid nor promised any person,firm or corporation any discount,rebate,
commission or refund for the purpose of securing this advertisement for publica AN—ORDINANCE—BY NR . t_NTY_ I
tion i the said newspaper. � UNTY COMNI N R ADOPTING AMENDMENTS TO
r THE MONROE COUNTY LAND DEVELOPMENT CODE TO
AMEND SECTION 101-1 AFFORDABLE HOUSING DEFINITIONS
Signature of Af(iant)— BY CREATING A DEFINITION FOR AREA MEDIAN INCOME,
WORKFORCE AND WORKFORCE HOUSING;AMEND CHAPTER
139-1 TO CLARIFY THE AFFORDABLE AND EMPLOYEE HOUSING
A rme, ar su cnbe)•J before me this 4th day of February 2021 ADMINISTRATION, TO INCORPORATE NONRESIDENTIAL AND
rr r TRANSIENT INCLUSIONARY REQUIREMENTS BY PROVIDING
REGULATIONS REGARDING THE PROVISION OF AFFORDABLE
{ to blic naturQ)V HOUSING FOR THE DEVELOPMENT AND REDEVELOPMENT
OF NONRESIDENTIAL AND TRANSIENT USES; MODIFYING
THE LINKAGE PROVISIONS;AMENDING AND/OR ADDING FOR
(Notary P lic Printed Name CONSISTENCY PURPOSE RELATED PROVISIONS; PROVIDING
( ry ) (Notary Seal) FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR;TRANSMITTAL TO THE STATE
My commission expires �� K LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
MONROE COUNTY LAND DEVELOPMENT CODE; PROVIDING
Personally Known X Produced Identification FOR AN EFFECTIVE DATE. (FILE 2019-097)
Type of Identification Produced Please visit the Monroe County Wobsite at ,m 7?nroec u
fLoy for meeting agenda updates and information,regarding
the various options available to the public to view the live
meeting and/or to make public comments on certain agenda
®% ° items.ue�nn Stamper
=COMMPursuant to Section 286.0105 Florida Statutes,if a person decides
E l 2 to appeal any decision of the Board of County Commissioners,with
;® respect to any matter considered at the meeting or hearing,he or she
®®®®0f®rer®re9"®°®®® n will need a record of the proceedings,and that,for such purpose,he
or she may need to ensure a verbatim record of the proceedings is
made,which record includes the testimony&evidence upon which
the appeal is to be based.
AA ASSISTANCE. If you are a person with a disability who
needs special accommodations in order to participate in this
proceeding,please contact the County Administrator's Office,
h„rsh^nh* rfnrA)9Q9.. 1.hatwrannthahn®trsof83®a.m.-5.-OO
CKevin Madok, CPA
Clerk of the Circuit Court& Com troller— Monroe Count Florida
Y1
March 3, 2021
Department of State
Administrative Code& Register
500 S Bronough Street
Tallabassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 001-2021 adoptiiig amendments to the
Monroe Comity Land Development Code to amend Section 101-1 Affordable Housing
Definitions by creatiiig a definition for area median income,workforce and workforce housing;
amend Chapter 139-1 to clarify the affordable and employee housing administration, to
incorporate nonresidential and transient Hiclusionaiy requirements by proxriding regulations
regarding the proxrision of affordable housing for the development and redevelopment of
nonresidential and transient uses; modifying the linkage proxIsions; amending and/or adding for
consistency purpose related proxIsions; proxriding for severability; prox"ding for repeal of
conflicting proxrisions; proxridiiig for transmittal to the State Land Planniiig Agency and the
Secretaiv of State; proxridiiig for amendment to and incorporation iii the Monroe Comity Land
Development Code; proxridiiig for an effective date.
This Ordinance was adopted by the Monroe Comity Board of Comity Commissioners at a
regular meeting, held iii formal session, on February 17, 2021. Should you have airy questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kexrin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe Comity
Board of County Commissioners
bv.•Pamela G. Hancock, D.C.
cc: Planniiig& Environmental
Comity Attorney_
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
tr !
it
'.
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 4, 2021
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 001-2021, which was filed in this office on March 3,
2021.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. DEO-21-020
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA, _
ORDINANCE NO. 001-2021
_
FINAL ORDER -+•
APPROVING MONROE COUNTY ORDINANCE NO. 001-202s
•
C
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 001-2021 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on February 17,2021,and rendered
to the Department on March 22, 2021.
3. The Ordinance amends the Monroe County Land Development Code(the"Code")
to provide definitions for the terms"area median income,""maximum sales price,owner occupied
affordable housing unit," "workforce," and "workforce housing."The Ordinance also amends the
affnrdahle and employee housing administration provisions under Chapter 139 of the Code to
establish nonresidential and transient inclusionary requirements to ensure affordable housing
needs are generated through the development and redevelopment of nonresidential and transient
uses.
1
Final Order No. DEO-21-020
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and
380.0552(9), Fla Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policies
101.3.3, 601.1.4, and 601.1.13 and Objective 101.4.
7. All land development regulations enacted, amended,or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida
Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through
sound economic development.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No.001-2021 is consistent with the Monroe County Comprehensive Plan and Principles
2
Final Order No. DEO-21-020
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
es D. Stans ury, Chief
eau of Community Planning and Growth
epartment of Economic Opportunity
3
Final Order No. DEO-21-020
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN
THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@DEO.MYFLORIDA.COM
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28,PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. DEO-21-020
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true
��and correct copies have been furnished to the
following persons by the methods indicated this V'V" ' day of I`1 ' , 2021.
4 I
Attie
Agenc C
Departmen of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Michelle Coldiron
Mayor, Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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