Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
February 22, 200 1
No X
Division: Growth Management
Department: Plannin~ D~partment
AGENDA ITEM WORDING: Public hearing to consider adoption of an ordinance amending sections 9.5-
122.3. (6),9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of sections 9.5-266 (a)(4) b., 9.5-
266 (a)(4) d., 9.5-266 (a)(4) g., and 9.5-266 (a)(4) h.; renumbering of and amendment to sections 9.5-266
(a)(4) e., 9.5-266 (a)(4) d.; and creation of new sections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266
(a)(6).
ITEM BACKGROUND: In accordance with the Monroe County Year 2010 Comprehensive Plan and at
the direction of the Board of County Commissioners, the Planning Department is proposing these
amendments to the Monroe County Code to expand the eligibility criteria for qualifying for affordable
housing ROGO allocations. In response to the increasing need of assisting all our retiring elderly
and disabled population, the amendments include very low to median income households who do not
meet the requirement of receiving at least "70" percent of their annual household earnings from
employment in Monroe County.
PREVIOUS RELEVANT BOARD ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED:
N/A
COST TO COUNTY: N/A
APPROVED BY: County Attorney X
OMB/Purchasing N/A
Risk Management N/ A
/
DEPARTMENT DIRECTOR APPROVAL:
-:: -'" <. ~
DIVISION DIRECTOR APPROVAL
DOCUMENTATION: Included
X
Not required
t),~
Agenda Item#: ~
DISPOSITION:
PROPOSED TEXT AMENDMENT
SECTIONS 122.3. (6), 9.5-266 (a)(3), 9.5-266 (a)(4),
AND 9.5-266 (a)(4) a.; DELETION OF SECTIONS
9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g.,
AND 9.5-266 (a)(4) h.; RENUMBERING OF AND
AMENDMENT TO SECTIONS 9.5-266 (a)(4) e., 9.5-
266 (a)(4) d.; AND CREATION OF NEW SECTIONS
9.5-266 (a)(4) b., 9.5-266 (a)(5), AND 9.5-266 (a)(6)
MONROE COUNTY CODE
The Soard of County Commissioners has directed the Planning Department staff
to prepare amendments to the current Land Development Regulations to expand
the eligibility for qualifying for affordable housing ROGO allocations to include
very-low to median income households who do not meet the requirement for at
least 70 percent of their annual household earnings to come from employment in
Monroe County.
SOCC
Staff
PC
Staff
Public Hearing
APPROVAL
APPROVAL
APPROVAL
February 22, 2001
February 22, 2001
December 27,2000
November 28, 2000
Draft Ordinance
SOCC Staff Report
PC Resolution # P80-00
PC Staff Report
Ordinance No. -2001
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FILED BY THE PLANNING DEPARTMENT TO AMEND THE
AFFORDABLE HOUSING CRITERIA IN MONROE COUNTY
LAND DEVELOPMENT REGULATIONS SECTIONS 122.3.
(6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.;
DELETION OF SECTIONS 9.5-266 (a)(4) b., 9.5-266 (a)(4) d.,
9.5-266 (a)(4) g., AND 9.5-266 (a)(4) h.; RENUMBERING OF
AND AMENDMENT TO SECTIONS 9.5-266 (a)(4) e., 9.5-266
(a)(4) d.; AND CREATION OF NEW SECTIONS 9.5-266 (a)(4)
b., 9.5-266 (a)(5), AND 9.5-266 (a)(6) TO EXPAND THE
ELIGIBILITY FOR QUALIFYING FOR AFFORDABLE
HOUSING ROGO ALLOCATIONS TO INCLUDE VERY-LOW
TO MEDIAN INCOME HOUSEHOLDS WHO DO NOT MEET
THE REQUIREMENT OF AT LEAST SEVENTY PERCENT
(70%) OF THEIR ANNUAL HOUSEHOLD EARNINGS FROM
EMPLOYMENT IN MONROE COUNTY.
WHEREAS, the Development Review Committee met on November 21, 2000
and conducted a public meeting and recommended approval to the Planning
Commission of the proposed amendments; and
WHEREAS, the Monroe County Planning Commission at the public hearing on
December 11, 2000 in Marathon conducted a review and consideration of the request
of the Planning Department to amend Monroe County Land Development Regulations,
sections 122.3. (6), 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.; deletion of
sections 9.5-266 (a)(4) b., 9.5-266 (a)(4) d., 9.5-266 (a)(4) g., and 9.5-266 (a)(4) h.;
renumbering of and amendment to sections 9.5-266 (a)(4) e., 9.5-266 (a)(4) d.; and
creation of new sections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6) to expand
the eligibility criteria for qualifying for affordable housing ROGO allocations; and
WHEREAS, the Planning Commission made the following Finding of Facts and
Conclusions of Law:
"1. Based on Section 9.5-511 of the Monroe County Code (MCC), the planning
Commission finds that the Board of County Commissioners may consider a
text amendment to the Land Development Regulations if at least one of the
six criteria is met.
... The Board of County Commissioners and the Planning Department are
concerned that the current affordable housing criteria in LDR does not
provide opportunities for our elderly and disabled population who meet the
income criteria for affordable housing. Therefore, the Planning Commission
conclude that the proposed text amendment to eliminate the "70" percent
earnings requirement from the affordable housing criteria, and to establish
"70" percent earning of household income from employment in Monroe
County for commercial apartments and employee housing, is consistent with
Affordable Housing Monroe County Code Ordinance
Page 1 of 8
the requirement enumerated in section 9.5-511 (5)(d)b. (iv) (New Issues) of
the Monroe County Code.
2. Based on Goal 601 of the Monroe Countv Year 2010 Comorehensive Plan,
we find that the County shall improve access to affordable housing for all
current and future residents. In addition, based on POlicy 601.4.3 of the
Monroe Countv Year 2010 Comorehensive Plan, we find that the county
shall expand affordable housing opportunities for the elderly. Therefore, the
Planning Commission concludes that the proposed text amendment is
consistent with and furthers the goals of the Monroe Countv Year 2010
Comorehensive Plan."
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-122.3 (6) of the Land Development Regulations shall be
amended to read as follows (the strike-through and underline format is
used to indicate additions and deletions to this section):
Section 9.5-122.3 Evaluation criteria.
(6) Affordable housing The following points are intended to increase the
supply of affordable housing.
Point Assignment
Criteria
An application which proposes a
dwelling unit which meets the
definition of affordable housing and
restricts the dwelling unit to a
household wAieA with a aross annual
income limit as defined in Section
9.5-4 (A-5J.
· Dorivos at 10aGt sovonty (70)
poroont of its inoomo from gainful
omploymont in Monroo County; and
. Earns an inoomo no groator than
one hundrod (100) poroont of tho
modian adjustod groGs annual
inoomo for housoholds within
Monroo County for a poriod of at
loast twonty (20) yoars.
Section 2. Section 9.5-266 (a)(3) of the Land Development Regulations shall be
amended to read as follows (the strike-through and underline format is
used to indicate additions and deletions to this section):
+5
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
Affordable Housing Monroe County Code Ordinance
Page 2 of 8
(3) Before any certificate of occupancy may be issued for any structure,
portion or phase of a projects subject to this section, restrictive
covenant(s), limiting the required number of dwelling units to households
meeting the income criteria described in paragraph (4) a. or (4) b. ~ of
this subsection W running in favor of Monroe County and enforceable by
the county, shall be filed in the official records of Monroe County. The
covenant(s) shall be effective for twenty (20) years but shall not
commence running until a certificate of occupancy has been issued by
the building official for the dwelling unit or units to which the covenant or
covenants apply.
Section 3. Section 9.5-266 (a)(4) of the Land Development Regulations shall be
amended to read as follows (the strike-through and underline format is
used to indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4)
In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article m, IV, the owner must
ensure that:
Section 4.
Section 9.5-266 (a)(4) a. of the Land Development Regulations shall be
amended to read as follows (the strike-through and underline format is
used to indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
a. The use of the affordable housina dwelling unit is restricted to
households that dorivo at loast seventy (70) poroont of thoir
housohold inoomo from gainful omploymont in Monroo County
meet the adiusted aross annual income limits for median-income
as defined in subsection 9.5-4 (A-5): and.
Section 5.
Sections 9.5-266 (a)(4) b. of the Land Development Regulations shall be
deleted as follows (the strike-through and underline format is used to
indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
Affordable Housing Monroe County Code Ordinance
Page 3 of 8
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
"b. Tho panml propoGod for dovolopmont iG of Gufficiont aroa and
dimonGioRG to moot tho bull< rogulationG Got out in di'JiGion 4 of thiG
articlo [Goation 9.6 281 ot Goq.]; and
Section 6
Sections 9.5-266 (a)(4) c. of the Land Development Regulations shall be
deleted as follows (the strike-through and underline format is used to
indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
c. The parcol propoGod for dovolopmont iG of Gufficiont aroa and
dimoRGion to moot tho roquiromontG of ahaptor 100 8, Florida
AdminiGtrativo Codo, for tho inGtallation of an on Gito waGtowator
troatmont GYGtom; and
Section 7
Sections 9.5-266 (a)(4) d. of the Land Development Regulations shall be
deleted as follows (the strike-through and underline format is used to
indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
d. Tho parcol propoGod for dovolopmont iG Gorvod by adoquato
public facilitioG in accordance with Geotion 9.6 292; and"
Section 8.
New Section 9.5-266 (a)(4) b. of the Land Development Regulations shall
be created and read as follows (the strike-through and underline format is
used to indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
Affordable Housing Monroe County Code Ordinance
Page 4 of 8
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
b. If the affordable housina dwellina unit is desiQnated for emolovee
housina or commercial aoartments. the use of the dwellina is
restricted to households that derive at least seventy (70) percent
of their household income from aainful emolovment in Monroe
County: and meet the adiusted aross annual income limits for
median-income as defined in subsection 9.5-4 (A-5l: and
Section 9.
Section 9.5-266 (a)(4) e. of the Land Development Regulations shall be
amended and renumbered to read as follows (the strike-through and
underline format is used to indicate additions and deletions to this
section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
e Q. The use of the affordable housing dwelling unit is restricted for a
period of at least twenty (20) years to households '....ith an inoomo
no greater than ene hundred (100) per.oent of the adjusted gFOGS
annual inoome fer houGehelds '....ithin Monroe Ceunty; that meet
the reauirements of oaraaraoh (4) a. or b. above: and,
Section 10. Sections 9.5-266 (a)(4) d. of the Land Development Regulations shall be
amended and renumbered to read as follows (the strike-through and
underline format is used to indicate additions and deletions to this
section) :
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
H:l. The size of an affordable residential housina dwellina unit shall be
limited by a condition to be placed on the development permit
which restricts the habitable space of the unit to a maximum of
Affordable Housing Monroe County Code Ordinance
Page 5 of 8
one thousand three hundred (1,300) square feet for a period of at
least twenty (20) years.-afl9;
Section 10. Section 9.5-266 (a)(4) g. shall be deleted as follows (the strike-through
and underline format is used to indicate additions and deletions to this
section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
g. Tho oligibility of a potential ewner eooupier of an affordable
housing residential dwelling unit shall be determined by the
planning department at tho time a potential owner either applies
for an afferdable heusing residential ROGO alleoatien, or applies
to purohase a unit that utilized an afferdable heusing ROGO
alleGation unit to detormine if the applioant meets the affordability
oriteria as defined by (sub] seotien 9.6 4(/\ 6).
Section 11. Section 9.5-266 (a)(4) h. shall be deleted as follows (the strike-through
and underline format is used to indicate additions and deletions to this
section):
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
h. The eligibility of a potential renter of an affordable Reusing
residential dwelling unit shall be determined by the planning
department at the time the petential renter applies to oooupy a
residential dwelling unit that utilized an affordable housing
residential ROGO alleoatien pursuant to [sub]seotion 9.6 4(/\ 6).
The planning department will review the lease agreement fer the
unit en an annual basis to ensure that the rent for the unit dees
net oxoeed the affordable rent standard for tho unit pursuant te
[sub) seotion[s) 9.6 4(.^. 6) and 9.6 266.
Section 12. New Section 9.5-266 (a)(5) (including subsections a. and b.) of the Land
Development Regulations shall be created and read as follows (the strike-
Affordable Housing Monroe County Code Ordinance
Page 6 of 8
through and underline format is used to indicate additions and deletions
to this section):
Section 9.5-266. Affordable housing; employee housing.
Affordable housing:
(5) The eliaibilitv of a ootential owner-occuoier or renter of an affordable
housina dwellina unit or an affordable housina dwellina unit desianated as
a commercial aoartment or emolovee housina. shall be determined bv the
olannina deoartment as follows:
a. At the time the ootential owner either aDo lies for affordable
housina RaGa allocation. or aoolies to ourchase a unit that
utilized an affordable housina RaGa allocation: or
b. At the time the ootential renter aoolies to occuov a residential unit
that utilized an affordable housina RaGa allocation.
Section 13. New Section 9.5-266 (a)(6) (including subsections a., b., and c.) shall be
created and read as follows (the strike-through and underline format is
used to indicate additions and deletions to this section):
Section 9.5-266. Affordable housing; employee housing.
Affordable housing:
(6) The olanning deoartment shall:
a. Review the lease aareement for an affordable housina unit on an
annual basis to ensure that the rent for the unit does not exceed
the affordable rent standard for the unit oursuant to subsection
9.5-4(A-5): and.
b. Review the lease aareement and letter of emolovment and/or
occuoation license of an occuoant of a commercial aoartment or
emolovee housina on an annual basis to ensure that the occuoant
is aainfullv emoloved in Monroe County.
c. Review annual verification statement from business certifvina that
emolovee housing is occuoied bv emolovees meetina income
criteria in subsection 9.5-266(a)(4) b.
Section 14. If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such invalidity.
Section 15. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of the said conflict.
Affordable Housing Monroe County Code Ordinance
Page 7 of 8
Section 16. This ordinance shall be filed in the Office of the Secretary of State, of the
State of Florida, but shall not become effective until a notice is issued by
the Department of Community Affairs or Administrative Commission
approving this ordinance.
PASSED AND ADOPTED by the Board of County Commissioners Monroe
County, Florida, at a regular meeting held on the day of , A.D.,
2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
DEPUTY CLERK
ATTEST: DANNY K. KOLHAGE, CLERK
Affordable Housing Monroe County Code Ordinance
Page 8 of 8
.
MEMORANDUM
TO:
The Board of County Commissioners
FROM:
The Planning and Environmental Resources Departments
RE:
Proposed Amendments to:
The Affordable Housing Criteria in the Land Development
Regulations section 9.5-122.3 (6), sections 9.5-266 (a)(3), 9.5-266
(a)(4), and 9.5-266 (a)(4) a.; deletion of sections 9.5-266 (a)(4) b.,
9.5-266 (a)(4) d., 9.5-266 (a)(4) g. and 9.5-266 (a)(4) h.; creation
of new sections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266
(a)(6); and renumbering of and amendment to section 9.5-266
(a)(4) e. and section 9.5-266 (a)(4) d.
DA TE:
February 22, 2001
I. OVERVIEW
The Planning Department, at the direction of the Board of County Commissioners, is proposing
amendments to the current Land Development Regulations (LDR) to expand the eligibility criteria for
qualifying for affordable housing ROGO allocations. The amendments include very low to median
income households who do not meet the requirement of receiving at least 70 percent of their annual
household earnings from employment in Monroe County. The Board of County Commissioners and the
Planning Department are concerned that current affordable housing criteria do not provide opportunities
for all our elderly and disabled population.
II. BACKGROUND
Section 9.5-4 (A-5) ofLDR establishes the income criterion for affordable housing. This criterion, which
was amended last year, requires that affordable housing be only for occupancy by households that earn
no more than the median household income for all households in Monroe County. This definition
however, has no limitations on the derivation of this income.
Section 9.5-122.3(6) [ROGO scoring criteria] and Section 9.5-122 (b)( 1) explicitly require that 70
percent of this earned income must be derived from employment in Monroe County. Commercial
apartments, as defined by Section 9.5-4 (C-ll) and employee housing defined by Section 9.5-4 (E-l) are
required to house only residents employed in Monroe County that meet the 70 percent rule. In addition,
Section 9.5-266 requires that in order for a development to be recipient of incentives ("free" Transferable
Development Rights (TDRs), ROGO points, 25 unit/acre density bonus in UR, and waiver of impact
fees), it must be affordable housing for households that meet the 70 percent rule.
It is fairly clear that the current regulations with the 70 percent rule, was based on a deliberate policy
decision of the Board and the Planning Commission. When the affordable housing regulations were
originally adopted, the intent was to limit their application to only residents employed in Monroe County.
Affordable Housing Staff Report -soee
Page 1 of3
This legislative intent, which was affirmed during last year's amendment process, reflected the policy
that affordable housing should not be available to attract people to retire to the Keys, but to address the
critical housing shortage for working households and service workers in the tourism industry.
III. POLICY ANALYSIS
The Board of County Commissioners, the Planning Commission, and the Planning Department are still
concerned about the potential for affordable housing to attract people to retire here. However, they are
even more concerned about the increasing need to assist our retiring elderly and disabled population.
Any residency requirements to limit eligibility would also be legally suspect.
The optimum solution to this pressing issue should balance both policy concerns about not providing
incentives through the availability of affordable housing to encourage non-working residents to move to
the Keys, with the need to make such housing available for disabled and retired elderly residents. This
solution must be done in a manner that is both legally defensive and easy to administer and enforce.
IV. PROPOSED APPROACH
The Planning Department proposes a short and a longer-term approach:
1. Short Term. In the short-term, the existing regulations need to be amended to eliminate the
"70" percent earnings requirement from the affordable housing criteria. However, the
requirement for earning 70 percent of household income from employment in Monroe
County, should still be retained for commercial apartments and employee housing.
Although the 70 percent requirement can be supported for affordable housing designated for
employees and commercial apartments, it can not be applied universally to all households
that meet the income eligibility. Some of these households, particularly the disabled and
retired elderly, may not be gainfully employed or make insufficient earnings within the
County to meet this income requirement.
To help limit the potential for attracting non-residents and promote affordable housing
opportunities, the staff recommends the County entering into a Memorandum of
Understanding with the Monroe County Housing Authority, as provided for under Section
9.5-122, to assign a specific number of affordable housing allocations to the Authority for its
varied programs. This assignment to the Housing Authority will reduce the number of
affordable housing allocations available for the general public, but will ensure these
allocations are used primarily by County residents due to the backlog in demand for
obtaining assistance under the Authority's programs.
2. Longer Term. As part of its current efforts to comprehensively revise LDR, the Planning
Department intends to explore the option of further breaking down the affordable ROGO
allocations into two categories: general and employee. This option would further reduce the
possibility of affordable housing being used by non-residents and provide additional
opportunities for employers to secure housing for their workers.
In response to direction from the County Commission and in conjunction with the creation of
a separate allocation category for employee housing, the staff intends to prepare amendments
to LDR, and if necessary to the Comprehensive Plan. The amendments require new
Affordable Housing Staff Report -BOCC
Page 2 of3
commercial and transient residential development to provide housing for their employees.
The linkage between employee housing and new commercial development is a significant
one, especially with severe lack of affordable housing for the existing workforce. With the
current moratoria on new commercial and transient residential development, it would be
beneficial and prudent to prepare and enact such regulations prior to further resumption of
any permitting of significant new commercial development.
v. PLANNING COMMISSION RECOMMENDATION
The Monroe County Planning Commission reviewed the request and based on the above discussions and
the facts presented by Staff, recommended the approval of the proposed amendments to the Land
Development Regulations. In addition, the Planning Commission supported the proposal that the
Planning Department should:
. work with Monroe County Housing Authority in preparing a Memorandum of
Understanding for assignment of ROGO affordable housing allocations and;
· prepare appropriate amendments to the Comprehensive Plan and the Land Development
Regulations to establish two separate affordable ROGO housing categories (general and
employee) and affordable housing linkage requirements for commercial development.
Affordable Housing Staff Report -BOCC
Page 3 of3
FINAL LDR TEXT AMENDMENTS
AS THEY SHALL READ
ORDINANCE NO.
MONROE COUNTY CODE
AMENDED SECTIONS AS THEY SHALL APPEAR AND READ
1. Section 9.5-122.3 (6) of the Land Development Regulations shall read as follows:
Section 9.5-122.3 Evaluation criteria.
(6) Affordable housing The following points are intended to increase the
supply of affordable housing.
Point Assignment
Criteria
+5
An application which proposes a
dwelling unit which meets the
definition of affordable housing and
restricts the dwelling unit to a
household with a gross annual
income limit as defined in Section
9.5-4 (A-5).
2. Section 9.5-266 (a)(3) of the Land Development Regulations shall read as
follows:
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(3) Before any certificate of occupancy may be issued for any structure,
portion or phase of a projects subject to this section, restrictive
covenant(s), limiting the required number of dwelling units to households
meeting the income criteria described in paragraph (4) a. or (4) b. of this
subsection running in favor of Monroe County and enforceable by the
county, shall be filed in the official records of Monroe County. The
covenant(s) shall be effective for twenty (20) years but shall not
commence running until a certificate of occupancy has been issued by
the building official for the dwelling unit or units to which the covenant or
covenants apply.
3. Section 9.5-266 (a)(4) of the Land Development Regulations read as follows:
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
Affordable Housing Monroe County LOR Amendments
Page 1 of 4
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article, IV, the owner must
ensure that:
4. Section 9.5-266 (a)(4) a. of the Land Development Regulations shall read as
follows:
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
a. The use of the affordable housing dwelling unit is restricted to
households that meet the adjusted gross annual income limits for
median-income as defined in subsection 9.5-4 (A-5); and,
5. Section 9.5-266 (a)(4) b. of the Land Development Regulations shall be deleted.
6. Section 9.5-266 (a)(4) c. of the Land Development Regulations shall be deleted.
7. Section 9.5-266 (a)(4) d. of the Land Development Regulations shall be deleted.
8. New Section 9.5-266 (a)(4) b. of the Land Development Regulations shall be
created and read as follows:
b. If the affordable housing dwelling unit is designated for employee
housing or commercial apartments, the use of the dwelling is
restricted to households that derive at least seventy (70) percent
of their household income from gainful employment in Monroe
County; and meet the adjusted gross annual income limits for
median-income as defined in subsection 9.5-4 (A-5); and
9. Section 9.5-266 (a)(4) c shall replace section 9.5(a) (4) e. of the Land
Development Regulations and shall read as follows:
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
Affordable Housing Monroe County LDR Amendments
Page 2 of 4
c. The use of the affordable housing dwelling unit is restricted for a
period of at least twenty (20) years to households that meet the
requirements of paragraph (4) a. or b. above; and,
10. New Sections 9.5-266 (a)(4) d. shall replace Section 9.5-266 (a)(4) 1. of the Land
Development Regulations shall read as follows:
Section 9.5-266. Affordable housing; employee housing.
(a) Affordable housing:
(4) In order for the owner of a parcel of land to be entitled to the incentives
outlined in this section, and division 1.5, article IV, the owner must ensure
that:
d. The size of an affordable housing dwelling unit shall be limited by
a condition to be placed on the development permit which restricts
the habitable space of the unit to a maximum of one thousand
three hundred (1,300) square feet for a period of at least twenty
(20) years.
11. Section 9.5-266 (a)(4) g. shall be deleted.
12. Section 9.5-266 (a)(4) h. shall be deleted.
13. New Section 9.5-266 (a)(5) of the Land Development Regulations shall read as
follows:
Section 9.5-266. Affordable housing; employee housing.
Affordable housing:
(5) The eligibility of a potential owner-occupier or renter of an affordable
housing dwelling unit or an affordable housing dwelling unit designated as
a commercial apartment or employee housing, shall be determined by the
planning department as follows:
a. At the time the potential owner either applies for affordable
housing ROGO allocation, or applies to purchase a unit that
utilized an affordable housing ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit
that utilized an affordable housing ROGO allocation.
14. Section 9.5-266 (a)(6) shall read as follows:
Section 9.5-266. Affordable housing; employee housing.
Affordable Housing Monroe County LOR Amendments
Page 3 of 4
Affordable housing:
(6) The planning department shall:
a. Review the lease agreement for an affordable housing unit on an
annual basis to ensure that the rent for the unit does not exceed
the affordable rent standard for the unit pursuant to subsection
9.5-4(A-5); and,
b. Review the lease agreement and letter of employment and/or
occupation license of an occupant of a commercial apartment or
employee housing on an annual basis to ensure that the occupant
is gainfully employed in Monroe County.
c. Review annual verification statement from business certifying that
employee housing is occupied by employees meeting income
criteria in subsection 9.5-266(a)(4) b.
.
Affordable Housing Monroe County LOR Amendments
Page 4 of 4
.
MEMORANDUM
TO:
The Planning Commission
Hearing on December 11, 2000
FROM:
The Planning and Environmental Resources Departments
RE:
Proposed Amendments to:
The Affordable Housing Criteria in the Land Development
Regulations section 9.5-122.3 (6), subsections 9.5-266 (a)(3), 9.5-
266 (a)(4), and 9.5-266 (a)(4) a.; removal of subsections 9.5-266
(a)(4) b. and d., and subsections 9.5-266 (a)(4) g. and h.; creation
of new subsections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266
(a)(6); and renumbering of and amendment to subsection 9.5-266
(a)(4) e. and d.
DATE:
November 28, 2000
I. OVERVIEW
The Planning Department, at the direction of the Board of County Commissioners, is proposing
amendments to the current Land Development Regulations (LDR) to expand the eligibility criteria for
qualifying for affordable housing ROGO allocations. The amendments include very low to median
income households who do not meet the requirement of receiving at least 70 percent of their annual
household earnings from employment in Monroe County. The Board's intent is to not discriminate
against the elderly and disabled.
II. BACKGROUND
Section 9.5-4 (A-5) ofLDR establishes the income criterion for affordable housing. This criterion, which
was amended last year, requires that affordable housing be only for occupancy by households that earn
no more than the median household income for all households in Monroe County. This definition
however, has no limitations on the derivation of this income.
Section 9.5-122.3(6) [ROGO scoring criteria] and Section 9.5-122 (b)(l) explicitly require that 70
percent of this earned income must be derived from employment in Monroe County. Commercial
apartments, as defined by Section 9.5-4 (C-11) and employee housing defined by Section 9.5-4 (E-1) are
required to house only residents employed in Monroe County that meet the 70 percent rule. In addition,
Section 9.5-266 requires that in order for a development to be recipient of incentives ("free" Transferable
Development Rights (TORs), ROGO points, 25 unit/acre density bonus in UR, and waiver of impact fees)
that it must be affordable housing for households that meet the 70 percent rule.
T A99054AffHsg
Page 1 of7
It is fairly clear that the current regulations with the 70 percent rule, was based on a deliberate policy
decision of the Board and the Planning Commission. When the affordable housing regulations were
originally adopted, the intent was to limit their application to only residents employed in Monroe County.
This legislative intent, which was affirmed during last year's amendment process, reflected the policy that
affordable housing should not be available to attract people to retire to the Keys, but to address the critical
housing shortage for working households and service workers in the tourism industry.
In. POLICY ANALYSIS
Although the County Commission still expresses concerns about the potential for affordable housing to
attract people to retire here, it is even more concerned about the increasing need to assist our retiring
elderly and disabled population. Legal issues have also been raised about the discriminatory effect of the
requirement for being employed in Monroe County. Any residency requirements to limit eligibility
would also be legally suspect.
The optimum solution to this pressing issue should balance both policy concerns about not providing
incentives through the availability of affordable housing to encourage non-working residents to move to
the Keys, with the need to make such housing available for disabled and retired elderly residents. This
solution must be done in a manner that is both legally defensive and easy to administer and enforce.
IV. PROPOSED APPROACH
The Planning Department proposes a short and a longer-term approach:
1. Short Term. In the short-term, the existing regulations need to be amended to eliminate the
"70" percent earnings requirement from the affordable housing criteria. However, the
requirement for earning 70 percent of household income from employment in Monroe
County, should still be retained for commercial apartments and employee housing.
Although the 70 percent requirement can be supported for affordable housing designated for
employees and commercial apartments, it can not be applied universally to all households
that meet the income eligibility. Some of these households, particularly the disabled and
retired elderly, may not be gainfully employed or make insufficient earnings within the
County to meet this income requirement.
To help limit the potential for attracting non-residents and promote affordable housing
opportunities, the staff recommends the County entering into a Memorandum of
Understanding with the Monroe County Housing Authority, as provided for under Section
9.5-122, to assign a specific number of affordable housing allocations to the Authority for its
varied programs. This assignment to the Housing Authority will reduce the number of
affordable housing allocations available for the general public, but will ensure these
allocations are used primarily by County residents due to the backlog in demand for
obtaining assistance under the Authority's programs.
2. Longer Term. As part of its current efforts to comprehensively revise LDR, the Planning
Department intends to explore the option of further breaking down the affordable ROGO
allocations into two categories: general and employee. This option would further reduce the
TA99054AffHsg
Page 2 of7
possibility of affordable housing being used by non-residents and provide additional
opportunities for employers to secure housing for their workers.
In response to direction from the County Commission and in conjunction with the creation of
a separate allocation category for employee housing, the staff intends to prepare amendments
to LDR, and if necessary to the Comprehensive Plan. The amendments require new
commercial and transient residential development to provide housing for their employees.
The linkage between employee housing and new commercial development is a significant
one, especially with severe lack of affordable housing for the existing workforce. With the
current moratoria on new commercial and transient residential development, it would be
beneficial and prudent to prepare and enact such regulations prior to further resumption of
any permitting of significant new commercial development.
v. ANALYSIS
A. Proposed Amendments
The following amendments to LDR are proposed in the short term:
. Amend Section 9.5-122.3 (6) as follows:
"(6) Affordable housing: The following points are intended to increase the supply of
affordable housing.
Point Assignment
Criteria
+5
An application which proposes a dwelling unit
which meets the definition of affordable housing
and restricts the dwelling unit to a household
"'Ai_A with a gross annual income limit as
defined in Section 9.5-4 (A-5).
· Dari"ag at laagt ga"aRty (70) p~r_aRt 9f itg
iR_Qma frsm gaiRfwl ampI9~'maRt iR MSRr9~
CSWR~'; 3RQ
· EarRg aR iR_Qmi RS graatar tAaR SRa AWRQraQ
(1 QO) par_aRt sf tAa maQiaR 3QjW[taQ grsgg
aRRwal iR_sma fur AswgiAsIQg "'itRiR HSRrsa
C9wRty fsr Ii pari9Q sf at laagt 1N'iR~' (20)
~"
.
Amend subsection 9.5-266 (a)(3) to read as follows: I
"(3) Before any certificate of occupancy may be issued for any structure, portion or
phase of a projects subject to this section, restrictive covenant(s), limiting the
required number of dwelling units to households meeting the income criteria
described in paragraph (4) a. or (4) b. - t:.... of this subsection W running in
I Amendment clarifies existing language and makes its consistent with revisions made in paragraph (4).
T A99054AffHsg
Page 3 of7
favor of Monroe County and enforceable by the county, shall be filed in the
official records of Monroe County. The covenant(s) shall be effective for twenty
(20) years but shall not commence running until a certificate of occupancy has
been issued by the building official for the dwelling unit or units to which the
covenant or covenants apply."
.
Amend subsection 9.5-266 (a)(4) to read as follows:2
"(4) In order for the owner of a parcel of land to be entitled to the incentives outlined
in this section, and division 1.5, article.m:, IV, the owner must ensure that"3
. Amend subsection 9.5-266 (a)(4) a. to read as follows:
"a. The use of the affordable housing dwelling unit is restricted to
households that QiriFi at lia~t ~i\'iAt:,' (70) pirQWAt ef tAwir A9w~wA9IQ
iAQ9Hli fr9Hl gaiAfwl liHlpl9YHlliAt iA M9AI:9W CQWA!:3' meet the adjusted
gross annual income limits for median-income as defined in subsection
9.5-4 (A-5); and"
.
Remove subsections 9.5-266 (a)(4) b., C., and d.4
"g. TAi paI:Qwl pI:9p9SliQ fer Qi'.'ilepmiRt 1~ gf EwffiQi'iRt aria aAQ
QiHliA~i9AS t9 HlWit tAW gwlk I:igwlati9A~ ~wt gwt iA Qh'i!:i9A 4 9f tAi~
artiQli [siQtieA 9.S 2Kl it ~i'i.]; aAQ
Q. TAli paI:Qil pI:9p9SiQ fer Qi\'ilepHliAt is gf ~wffiQiiRt aI:ia aRQ QiHliA~i9A
tg HlWWt tAi rW'iwiriHliAts gf ~Aaptir 10J;) (i, Fl9riQa '\QHliAistrati\'i C9Qi,
fer tAw iA[tallati9R gf aA 9R ~iti '.va~ti'J(atwr traatHliAt S)'~tiHl; aAQ
Q. TAw pat:liJlil pt:9p9SiQ fQr Qli'.'ilepmiAt i~ ~wn'wQ by aQi'iwati pwgliQ
faQiliti'is iA aQQ9I:QaRQi "'itA ~wQtigA 9 S 292; aAQ "
. Create new subsection 9.5-266 (a)(4) b. that reads as follows:
"b. If the affordable housing dwelling unit is designated for employee
housing or commercial apartments, the use of the dwelling is restricted to
households that derive at least seventy (70) percent of their household
income from gainful employment in Monroe County; and meet the
adjusted gross annual income limits for median-income as defined in
subsection 9.5-4 (A-5); and"
. Renumber and amend subsections 9.5-266 (a)(4) e. and d. to read as
follows:
2 Corrects scrivener's error.
3 Corrects scrivener's error.
4 Superfluous language; provision is required for all permitted development.
T A99054A ffHsg
Page 4 of7
"8C. The use of the affordable housing dwelling unit is restricted for a period
of at least twenty (20) years to households V'itl:l aR iRQQHla RQ graat~r
tl:laR QRa l:lwRQriQ (100) pirQiRt ef tl:li aQjwliitiQ grQliig aRRwal iRQQ~i fer
l:lQwgil:lelQg "'itl:liR MQRrQi CQWR~'; that meet the requirements of
paragraph (4) a. or b. above; and
;:.d. The size of an affordable rilEisiRtial housing dwelling unit shall be
limited by a condition to be placed on the development permit which
restricts the habitable space of the unit to a maximum of one thousand
three hundred (1,300) square feet for a period of at least twenty (20)
year~"
. Remove subsections 9.5-266 (a)(4) g. and h.
"g. Tl:lil iligibili~' ef a PQtiRtial g"'Rir QQ~wpiir Qf aR aff9rQabl~ l:lQwgiRg
riEisiRtial Q"'illiRg WRit dull bi QitinRiRiQ by tAil plaRRiRg sipart~~Rt
at tl:li ti~i a PQtiRtial Q"'Ailr iitl:l~r appliiE fur aR aff9rQabli l:lQwgiRg
rilEiQiRtial ROGO allQQatiQR, Qr appliiE tQ pWrQl:laE~ a WRit tl:lat WtiliZiQ aR
affursabli I:tQWliiiRg ROGO alh~QatieR WRit tQ sitiFJRiRi if tAi appliQaRt
~iitE tl:li afferQabili~' QritiriaaE SiHRiQ b~' [Eyb]EiQtiQR 9.$ 4(.^. $).
h. Tl:li iligibility Qf a PQtiRtial riRtir ef aR aff9rsabli l:lewEiRg riEiQiRtial
sn'illiRg wRit El:lall ba sat~FJRiRis by tl:li plaRRiRg sipart~aRt at tl:la ti~e
tl:ti petiRtial raRtir appliiE tg eQQWpy a riEisiRtial sn'~lliRg WRit tl:lat
wtiliziQ aR affeTQabla l:leuEiRg riliiiQiRtial R aGO alleQatieR pwrliiwaRt tg
[Ewb]Iii~QtieR 9.$ 4(.^. $).
Tl:li plaRRiRg Sipar-t~iRt will ra"ii'" tl:li liagj agri~~iRt fQr tl:li WRit eR
aR aRRwal baliiig te iREwri tAat tl:li riRt f9r tl:li WRit QeiE Ret iXQiiQ tl:l~
aff9rsabli riRt EtaRQaFQ f9r tl:l~ WRit pWFEwaRt tQ [Ewb]EiQtiQR[g] 95 4(.^.
$) aRQ 9.$ 2(;(;. "
. Create new subsection 9.5-266 (a)(5) that reads as follows:
"(5) The eligibility of a potential owner-occupier or renter of an affordable housing
dwelling unit or an affordable housing dwelling unit designated as a commercial
apartment or employee housing, shall be determined by the planning department
as follows:
a. At the time the potential owner either applies for affordable housing
ROGO allocation, or applies to purchase a unit that utilized an affordable
housing ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit that
utilized an affordable housing ROGO allocation."
.
Create new subsection 9.5-266 (a)(6) that reads as follows:5
5 This new subsection incorporates original language from subsection 9.5-266 (a)(4) h.
T A99054AffHsg
Page 5 of7
"(6) The planning departmentwiU shall:
a. Review the lease agreement for ~ an affordable housing unit on an
annual basis to ensure that the rent for the unit does not exceed the
affordable rent standard for the unit pursuant to subsection 9.5-4(A-5);
and,
b. Review the lease agreement and letter of employment and/or occupation
license of an occupant of a commercial apartment or employee housing
on an annual basis to ensure that the occupant is gainfully employed in
Monroe County.
c.
B. Consistency with Chapter 380
The Planning Department staff finds that the proposed amendments are consistent with
the "Principles for Guiding Development" of Section 380.0552, Florida Statutes, in that
they make "available adequate affordable housing for all sectors of the population of the
Florida Keys" by reducing the barriers for affordable housing eligibility to the elderly
and disabled.
C. Consistency with the 2010 Comprehensive Plan
The Planning Department staff finds that the proposed amendments are consistent with
the objectives and policies of the Monroe County Comprehensive Plan in that they:
. Implement the intent of Goal 601 by improving access to affordable housing for
all future and current residents.
. Further Policy 601.4.3 by expanding affordable housing opportunities for the
elderly.
VI. RECOMMENDATION
Based on the above discussions and the facts presented, the Planning Department recommends the
approval of the proposed amendments to sections 9.5-122.3 (6) and 9.5-266 of the Land Development
Regulations. In addition, the Planning Department proposes that the Development Review Committee
recommend the Planning Commission to request the staffto:
. work with Monroe County Housing Authority in preparing a Memorandum of
Understanding for assignment of ROGO affordable housing allocations and;
6 This amendment reflects that employee housing is for persons employed by the business located on the property in
question unlike commercial apartments, which may contain persons employed off property. Therefore, the amount
of documentation to certify its use for affordable housing should not be as rigorous.
T A99054AffHsg
Page 6 of7
. work on preparing appropriate amendments to the Comprehensive Plan and the Land
Development Regulations to establish two separate affordable ROGO housing categories
(general and employee) and affordable housing linkage requirements for commercial
development.
TA99054AffHsg Page 7 of7
PLANNING COMMISSION RESOLUTION
". "'
PLANNING COMMISSION RESOLtmON NO. P8O-OO
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF THE REQUEST BY THE MONROE COUNTY
PLANNING DEPARTMENT FOR AN AMENDMENT TO: THE AFFORDABLE
HOUSING CRITERIA IN THE LAND DEVELOPMENT REGULATIONS SECI10N
9.5-122.3 (6), SUBSECI10NS 9.5-266 (a)(3), 9.5-266 (a)(4), AND 9.5-266 (a)(4) a.;
REMOVAL OF SUBSEcrIONS 9.5-266 (a)(4) b. AND d., AND SUBSEcrIONS 9.5-
266 (a)(4) g. AND h.; CREATION OF NEW SUBSEcrIONS 9.5-266 (a)(4) b., 9.5-266
(a)(5), AND 9.5-266 (a)(6); AND RENUMBERING OF AND AMENDMENT TO
SUBSECfION 9.5-266 (a)(4) e. AND d.
WHEREAS, the Monroe County Planning Commission, during a regular meeting held
on December 11,2000. conducted a review and consideration of an amendment to
Section 9.5-122.3 (6), subsections 9.5-266 (a)(3), 9.5-266 (a)(4), and 9.5-266 (a)(4) a.;
removal of subsections 9.5-266 (a)(4) b. and d., and subsections 9.5-266 (a)(4) g. and h.;
creation of new subsections 9.5-266 (a)(4) b., 9.5-266 (a)(5), and 9.5-266 (a)(6); and
renumbering of and amendment to subsection 9.5-266 (a)(4) e. and d. of the Monroe
County Land Development Regulations to expand the eligibility criteria for qualifying for
affordable housing ROGO allocations; and
WHEREAS, the Planning Commission examined the following information:
1. The staff repon prepared by Aref 10ulani, Planner, dated November 28, 2000; and
2. Comments made by the Planning Commission; and
3. Comments made by the members of public; and
''''~EREAS, the Planning Commission made the following Finding of Facts and
Conclusions of Law:
1. Based on Section 9.5-511 of the Monroe County Code (MCC), we find that the
Board of County Commissioners may consider a text amendment to the Land
Development Regulations if at least one of the six criteria is met.
Section 9.5-4 (A-5) of LOR establishes the income criterion for affordable housing.
It requires that affordable housing be only for occupancy by households that earn no
more than the median household income for all households in Monroe County.
Section 9.5-122.3(6) [ROGO scoring criteria] and Section 9.5-122 (b)( 1) explicitly
require that 70 percent of this earned income must be derived from employment in
Monroe County.
The Board of County Commissioners and the Planning Oepanment are concerned
that current affordable housing criteria in LOR does not provide opponunities for our
elderly and disabled population who meet the income criteria for affordable housing.
Therefore, we conclude that the proposed text amendment to eliminate the "70"
percent earnings requIrement irom the affordable housmg cmena, anci to e -. tisn
Page 10f2
P80AffHsgCrit
Init'
"70" percent earning of household income from employment in Monroe County for
commercial apartments and employee housing, is consistent with the requirement
enumerated in section 9.5-5 11 {5Xd)b. (iv) (New Issues) of the Monroe County Code.
2. Based on Goal 601 of the Monroe County Year 2010 ComDrehensive Plan, we find
that the County shall improve access to affordable housing for all current and future
residents. In addition. based on Policy 601.4.3 of the Monroe County Year 2010
Conmrehensive Plan. we find that the county shall expand affordable housing
opponunities for the elderly. Therefore. we conclude that the proposed text
amendment is consistent with and funhers the goals of the Monroe County Year 20 I 0
Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED ,BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding Findings of Facts and Conclusions of
Law. suppon their decision to RECOMMEND APPROV AL to the Board of County
Commissioners of the request filed by the Monroe County Planning Dcpanment for amendments
to Sections 9.S-122.3 (6) and 9.5-266 of the Monroe County Land Development Regulations
concerning the eligibility criteria for qualifying for affordable. commercial. and employee
housing.
PASSED AND ADOPTED by the Planning Commission of Monroe County. Florida at a regular
meeting held on the 11111 day of Decemoer .Woo.
Chair Mapes
Commissioner Werling
Commissioner Marr
Commissioner Hill
~
~
YES
YES
By
nfh
Signed thi~ day 0
( n Mapes. Chair
(\
~'0
. 2000.
APPROVED AS TO FORM
I AND LEG
BY
P80AftHsgCrit
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