Item Q2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 19, 2001
Division: Growth Management
Bulk Item: Yes
No X
Department: Planning Department
AGENDA ITEM WORDING: A Public hearing to adopt an amendment to the Monroe County
Code Sections 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, and 9.5-250,
concerning employee and affordable housing and commercial apartment in several zoning
districts.
ITEM BACKGROUND: Several initiatives over the years have recommended changes to the
LDRs to make it more attractive to developers to provide affordable and worker housing. This
ordinance provides incentives and opportunities for employee housing in the SC and MU zoning
districts, restricts commercial apartments in districts while permitting them to be market rate, and
increases the time a unit is restricted to affordable and employee housing from 20 to 30 years.
On November 7, 2001, after a public hearing continued through three meetings, and
modifications to the staff generated draft, the Planning Commission recommended approval of
the amendment.
PREVIOUS RELEVANT BOARD ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: YES: N/A NO:
COST TO COUNTY: N/A
APPROVED BY: County Attorney: N/ A
DIVISION DIRECTOR APPROVAL:
Timothy
l
DOCUMENTATION: Included: X To follow: Not required: _
Agenda Item #:
/- /jJo/_
DISPOSITION:
Revised 2/27/01
iY'0
TEXT AMENDMENT
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248,
9.5-249, AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
BOARD OF COUNTY COMMISSIONERS
Marathon
December 19,2001
PROPOSED TEXT AMENDMENT
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249,
AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
The proposed amendment includes but is not limited to the following:
· Revising the definitions of employee housing and commercial apartments.
· Creating density bonuses for employee housing in the Urban Commercial (UC),
Suburban Commercial (SC), and Mixed Use (MU) land use districts, including
incentives for market rate housing as part of an affordable or employee housing
development.
· Creating commercial floor area exclusion for developing on site affordable or
employee housing.
· Creating restrictions on the scale of commercial apartment developments to
encourage employee housing.
· Increases from twenty to thirty years the length of time a property is restricted to
households that meet the affordable or employee housing criteria.
Recommendations
Staff:
Approval
November 19,2001
Staff Report
DRC:
Approval
October 4, 200l
Resolution D20-0l
PC:
Approval
November 7,2001
Resolution P77-01
DRAFT ORDINANCE
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248,
9.5-249, AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
BOARD OF COUNTY COMMISSIONERS
Marathon
December 19, 2001
ORDINANCE NO. -2001
AN ORDINANCE AMENDING THE MONROE
COUNTY CODE SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-
232,9.4-235,9.5-248,9.5-249, AND 9.5-250,
PROVIDING FOR THE SEVERIBILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION
INTO THE MONROE COUNTY CODE; AND DIRECTING
THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Monroe County is a geographically unique and impacted area that is dependent
on bridges and causeways for connection to the mainland and is subject to growth restrictions relating
to hurricane evacuation requirements; and
WHEREAS, Monroe County is an environmentally sensitive region that is home to numerous
protected and endangered species of flora and fauna; and
WHEREAS, there are few areas appropriately zoned to accommodate moderate to high
density housing developments; and
WHEREAS, due to Monroe County's vulnerability to hurricane and tropical storm damage,
Monroe County has one of the most restrictive building codes, which in turn greatly increases the cost
of building homes in the County; and
WHEREAS, Several affordable housing initiatives, such as those proposed by the Blue
Ribbon Committee in 1999 and the DCA sponsored Affordable Housing Summit in 2001, proposed
changes to encourage the construction of affordable housing; and
WHEREAS, the Board of County Commissioners in March 2001 approved conceptually a 20
Year Plan, proposed by Commissioner Williams to implement a long range "end-game" approach to
land acquisition, build out and affordable housing in Monroe County; and
WHEREAS, The Monroe County Growth Management Division staff prepared a response to
the Board of County Commissioners on June 19, 2001 recommending, among other things, that
affordable housing be an allowable use in the Suburban Commercial zoning district and to allow a mix
of market rate and affordable housing units; and
WHEREAS, Policy 601.1.12 of Monroe County Year 2010 Comprehensive Plan states:
"Monroe County shall adopt Land Development Regulations which may include density bonuses,
impact fee waiver programs and other possible regulations to encourage affordable housing"; and
WHEREAS, Policy 601.2 of the 2010 Plan requires Monroe County to encourage housing of
various types, sizes and price ranges to meet the needs of residents; and
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WHEREAS, the Development Review Committee on October 4, 2001, reviewed the legal
authority and the proposed text, and recommended approval of the proposed text; and
WHEREAS, during a regular meetings held on October 10, October 23, and November 7,
2001, the Monroe County Planning Commission conducted a public hearing on the proposed text, and
recommended approval of the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was presented with the
following information, which by reference is hereby incorporated as part of the record of said hearing:
I. The staff report prepared on November 18, 200 I by K. Marlene Conaway, Director, Planning
and Environmental Resources.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Monroe County Board of County Commissioners examined the proposed
amendments to the Monroe County Code submitted by the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County Planning
Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the
following amendment to the County Code be approved, adopted and transmitted to the state land
planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. THE MONROE COUNTY CODE SECTIONS 9.5-4, 9.5-266,
9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, AND 9.5-250, is hereby amended
to include the following:
· Revise definition of Commercial Apartment.
Sec. 9.5-4 (C-ll): Commercial apartment means an attached or detached residential dwelling unit
located on the same parcel of land as a non-residential use that is aeveloflea iR eoRjuRetiaR with a
RORresiaeRtial Hse aRa is iRte8aea to serve the hausiRg Reeas of flerseRS 'N80 are gaiRfully
emflleyea iR MeRf'oe County. that is intended to serve as permanent housing for the owner or
employees of that nonresidential use. f.1l eommereial apartments must eomply \vith the affofaaale
housing eriteria set forth in seetion 9.5 4(A 5) ana seetian 9.5 266. Tourist housing use or
vacation rental use of commercial apartments is prohibited.
· Revise definition of Employee Housing.
Sec. 9.5-4 (E-1): Employee housing means an non tempefftry attached or detached dwelling unit
\'lRieh is usee hy elBpleyees that is intended to serve as affordable, permanent housinl! for working
households, wRe which derive at least seventy (70) percent of their household income from
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gainful employment in Monroe County and meet the requirements for affordable housing as per
sections 9.5-4 (A-5) and 9.5-266.
· Create a definition for Market Rate Housing.
Sec. 9.5-4 <M:1): Market rate housinf! means an attached or detached dwelling unit that is
intended to serve as permanent housing for households not elilZible for affordable or emplovee
housing under this chapter.
· Revise Section 9.5-266 to include provIsions for employee housing and mixed
affordable/market housing and other needed content and editorial changes.
Sec. 9.5-266. Affordable housing and employee housing; administration:
(a) Affordable and emolovee housing:
(1) Notwithstanding the density limitations in section 9.5-262, the owner of a parcel of land shall
be entitled to:
a. Develop affordable and employee housing as defined in section 9.5-4(A-5).Affefsable
hOHsiRg uRits Rlay be sevelsfles on parcels of land classified as Urban Residential (UR) at
an intensity up to a maximum net residential density of twenty-five (25) dwelling units per
acre and on parcels of land classified as Mixed Use (MU) at an intensity UD to a maximum
net residential density of eighteen (18) dwellinlZ units Del' acre. withsHt reglH'tt te the
transfeFahle aevel8flRleRt rights (TDR) feE:}HireRleRts whiah Rlay be iRlfleSeS by these
regHlatioRs.
b. Develop employee housing as defined in sec. 9.5-4 (E-l) on parcels ofland classified as
Suburban Commercial (SC) at an intensity up to a maximum net residential density of
fifteen (15) dwelling units per acre and on parcels ofland classified as Urban Residential
(UR) at an intensity up to a maximum net residential density of twenty-five (25) dwelling
units per acre.
c. Develop market rate housing, as defined in section 9.5-4 (M-7), as part of an affordable or
employee housing project in accordance with paragraph (8) below, provided that on
parcels of land classified as Urban Residential (UR), the maximum net residential density
shall not be greater than eighteen (18) dwelling units per acre.
(2) .A.ttaehes or setaehes affordable h8l:1siRg l:IRits may be develefles iR all other laRa l:Ise aistriets
as set forth aRS flf0vides iR sivisieR 2, seetieRs 9.5 232 thf8l:1gh 9.5 255, l:Ifl t8 the RlaxiRll:lRl
Ret seRsity establishes fer that distriat withol:lt regal'S to the tfRnsferable seveleflRleRt rights
(TDR) reE:}HireRleRts 'Nhiah Rlay be iRlfl8SeS by these regulatisRs.
(2) The maximum net residential density allowed per district and by this section shall not require
transferable development rights (TDR) for affordable and emplovee housinlZ and market rate
housing develoDed in accordance with Daragraph (8) below.
(3) Market rate housinlZ developed in accordance with paragraph (8) below shall be eligible to
receive Doints as affordable housinlZ under section 9.5-122.3 (a)(6).
(4) The requirements of this chapter for the Drovision of impact fees shall be waived for
affordable and emplovee housing and any market rate housing developed in accordance with
paragraDh (8) below.
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(5) Notwithstanding the orovisions of sections 9.5-261 through 9.5-270. some or all of any
lawfullv established nonresidential floor area situated on a parcel of at least one (I) gross acre
containing affordable or employee housing shall be excluded from the calculation of the total
gross of development allowed on the parcel. For purooses of this exclusion a floor area ratio
of twenty-five (25) percent shall be assumed. The exclusion of floor area shall be in
accordance with the following criteria:
a. If the parcel ofland is less than two (2) gross acres, the project's total nonresidential floor
area or two-thousand (2,000) square feet, whichever is less, shall be excluded from the
calculation; or
b. If the parcel of land is two or more (2) gross acres, the project's total nonresidential floor
area or four-thousand (4,000) square feet, whichever is less, shall be excluded from the
calculation.
~ (Q) In order for the owner of a parcel of land to be entitled to the incentives for affordable or
emplovee housing outlined in this section and division 1.5, article N, 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 lntbsection 9.5-4 (A-
5); and
b. If the affordable housing dwelling unit is designated for employee housing ar eammereial
aflart-meRts, 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 st!9section
9.5-4(A-5); and
c. The use of the affordable or employee housing dwelling unit is restricted for a period of at
least thirty (30) years to households that meet the requirements of paragraph f4j (Q) a. or
(Q) b. above; and
d. The size ofthe affordable or emplovee housing dwelling unit shall be is 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 thirty (30) years; and
e. Tourist housing use or vacation rental use of affordable or employee housing units is
prohibited.
f. The parcel of land proposed for development of affordable or employee housing shall not
qualify for negative points under Section 9.5-122(a)(7), (8) or (9) however properties
designated IS-D, UR, URM or URM-L shall be exempt from this prohibition.
(7) Commercial aoartment dwelling units. as defined in section 9.5-4 (C-I 1). shall onlv be eligible
for the incentives outlined in this section if thev meet the requirements of oaralZI'aph (6) above
for emoloyee housing.
(8) If an affordable or emoloyee housing oroiect or an eligible commercial aoartment( s)
designated for emplovee housing contain(s) at least five dwelling units. a maximum oftwentv
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(20) percent of these units may be developed as market rate housing dwelliOlz units. The
owner of a parcel of land must develop the market rate housing dwelling units as an integ;ral
part of an affordable or employee housing project. In order for the market rate housing
dwellimr units to be eligible for incentives outlined in this section. the owner must ensure
that:
a. The use of the market rate housing dwelling unit is restricted for a period of at least thirty
(30) years to households that derive at least seventy (70) percent of their household
income from gainful emplovrnent in Monroe County: and
b. Tourist housing use and vacation rental use of the market rate dwelling unit is prohibited.
(9) Market rate housing dwelling units are not restricted to the thirteen hundred 0.300) square
feet limitation on habitable space for affordable and employee housing.
· Delete existing subsections 9.5-266 (b) and (c).
· Move administrative and compliance provisions from Section 266 (a) to Section 266 (b).
(b) Administration and ComDliance:
(1) Before any certificate of occupancy may be issued for any structure, portion or phase of a
project subject to this section, restrictive covenants(s) shall be filed in the official records of
Monroe County to ensure compliance with the provisions of this section running in favor of
Monroe County and enforceable bv the County. The covenant(s) shall be effective for at least
thirty (30) years, but shall not commence running until a certificate of occupancy has been
issued by the building official for the dwelling unit or dwelling units to which the covenant or
covenants apply.
(2) Restrictive covenants for housing subject to the provisions of this section shall be filed that
require compliance with the following:
a. Restricting affordable housing dwelling units to households meeting the income
requirements of section 9.5-266 (a)(6)a.
b. Restricting employee housing dwelling units to households meeting the Income and
employment requirements of section 9 .5- ~66 (a)( 6)b.
c. Restricting market rate housing dwelling units to households meeting the employment
requirements of section 9.5-266 (a)(S)a.
d. Restricting affordable and emplovee housing; dwelling units to no more than thirteen
hundred (1.300) square feet of habitable space.
e. Prohibiting tourist housing; use or vacation rental use of any housing developed under the
provisions of this section.
(3) The eligibility of a potential owner-occupier or renter of an affordable, employee or market
rate housing dwelling unit. developed as part of an employee or affordable housing project. ef
aesigHateEl as aT eHlflleyee shall be determined by the planning department upon submittal of
an affidavit of qualification to the planning department. The form of the affidavit shall be in a
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form orescribed bv the planning department. This eligibility shall be determined bv the
olanning department as follows:
a. At the time the potential owner either applies for affordable housing RaGa allocation, or
applies to purchase a unit that utilized affordable housing RaGa allocation; or
b. At the time the potential renter applies to occupy a residential unit that utilized an
affordable RaGa allocation.
(4) Except as provided in paragraph (5) below, the oroperty owner of each affordable emplovee or
market rate housing dwelling unit. develo~ed as part of an affordable or emplovee housing
proiect. shall be reQuired to annuallv submit an affidavit of qualification to the olanning
department verifying that the aoolicable employment and income reQuirements of paragraph
(2) above are met. The annual affidavit of qualification shall be in a form prescribed bv the
planning director and shall be filed by the property owner upon receiving written notification
by certified mail from the planning department. The ~laRRiRg ae~&rtmeRt shall:
a. Revie'tV the lease sgreemeRt fer SR affef8sale hl3HsiRg eR aR aRRHal aasis ta eRSHre tHat the
reRt far the HRit 6ees Ret e}(eeea the affefaaale feRt staRElara fer the HRit ~HrSHaRt te
sHaseetioR 9.5 4(.^, 5); and,
a. Re';ie'.\' the lease agreemeRt ana letter ef emple)'ment anSler eeeH~atian lieeRse af aR
eeeH~ant ef aR eommereial apaftmeRt or empleyee haHsiRg an aR aRnHal aasis ta eRSHre
that the aeeH~aRt is gainfully em~leyea in MaRree CaHRty;
e. Revie'N!@ 8RRHal ';erifieatioR stetemeRt from aHsiRess eertifying that ~ employee
heHsiRg is eeeHJ:liea ay emJ:lleyees meetiRg ineeme eriteria iR sHaseetion 9.5 266 (a)(6) a.
(5) The owner-occupant of an affordable, emplovee, or market rate housing dwelling unit.
developed as part of an affordable or emoloyee housing proiect. who has received a homestead
exemotion as provided for under the Florida Statutes, is not required to submit an annual
affidavit of qualification as reQuired above in paragraph (4) if that owner-occupant was
qualified previously bv the planning department. Prior to anv change in ownership (including,
but not limited to: sale, assignment. devise, or otherwise), the owner-occupant shall be
required to provide documentation to the planning department in a form prescribed by the
planning director proving that the potential occuDving household is eligible to occupy that unit
prior to a change in ownership of the property.
(6) Failure to submit the required annual verification as required in paragraph (4) above or
failure to provide documentation prior to change in ownershi~ reQuired in paragraph (5)
above shall constitute a violation of the restrictive covenant, the conditions of the
certificate of occuoancv and this chapter.
· Delete Section 9.S-284(e) that addresses commercial apartment development standards.
· Revise Section 9.5-232 to restrict commercial apartments in the Urban Commercial District.
(a) The following uses are permitted as of right in the Urban Commercial District:
(4) Commercial apartments involving less than six (6) dwelling units iR eORjHRetiaR ,;/itk a
pef'IBittea eemmereial Hse;
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(b) The following uses are permitted as minor conditional uses in the Urban Commercial District,
subject to the standards and procedures set forth in article III, division 3:
(4) Commercial apartments involving mere thaR six (6) to eilZhteen (8) dwelling units ffi
eeRjuRetisR v:ith a peABiUed eemmereialuse, provided that:
a. The hours of operation of the commercial uses propesed iR eeRjuRetieR 'Nith the
apartmeRts are compatible with residential uses; and [remainder of text is unchanged.]
· Revise Section 9.5-235 to include provisions for attached and unattached residential
dwellings designated as employee housing in the Sub Urban Commercial District and
restrict the use of commercial apartments.
(a) The following uses are permitted as of right in the Sub Urban Commercial District:
(3) Commercial apartments involving less than six (6) dwelling units in eeRjuRetioR '::ith a
permitted eommereialuse;
(4)Attached and unattached residential dwellings involving less than six (6) units. designated as
employee housing as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Sub Urban Commercial
District, subject to the standards and procedures set forth in article III, division 3:
(4) Commercial apartments involving more thaR six (6) to eighteen (8) dwelling units ffi
eeRjuRetioR ',vith a permitted eemmereialuse, provided that:
a. The hours of operation of the commercial uses flTopssed iR eeRjuRetioR witfi the
apartmeRts are compatible with residential uses; and [remainder of text is unchanged.]
(1) Attached and unattached residential dwellinlZs involvinlZ six (6) to eighteen (8) units,
desilZnated as employee housinlZ as provided for in section 9.5-266.
(c) The following uses are permitted as major conditional uses in the Sub Urban Commercial
District subject to the standards and procedures set forth in article III, division 3:
(9) Attached and unattached residential dwellings involvinlZ more than eilZhteen (8) units.
designated as emplovee housing as provided for in section 9.5-266.
· Revise Section 9.5-248 to include provisions for attached and unattached residential
dwellings designated as employee housing in the Mixed Use District and to restrict use of
commercial apartments.
(a) The following uses are permitted as of right in the Mixed Use District:
(8)Attached and unattached residential dwellinlZs involvinlZ less than six (6) units. designated as
employee housing as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Mixed Use District, subject
to the standards and procedures set forth in article III, division 3:
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(5) Commercial apartments involving mare 1B&ft six (6) to eighteen (18) dwelling units, provided
that: [remainder of text is unchanged.]
a. The hours of operation of the commercial uses prspssee iR eSRjHRetiaR ,,"ith ilie
apartlBeRts are compatible with residential uses; and [remainder of text is unchanged.]
(2)Attached and unattached residential dwellinlZs involving six (6) to eighteen (8) units.
designated as emplovee housing as provided for in section 9.5-266.
(c) The following uses are permitted as major conditional uses in the Mixed Use District, subject
to the standards and procedures set forth in article III, division 3:
(2)Attached and unattached residential dwellinlZs involvinlZ more than eighteen (8) units.
desilll1ated as employee housing as provided for in section 9.5-266.
· Revise Section 9.5-249 to eliminate commercial apartments of six or more units in the
Industrial District.
(b) The following uses are permitted as minor conditional uses in the Industrial District, subject to
the standards and procedures set forth in article III, division 3:
(2) Csmmereial apafHReRts iR';alviRg mare thaR six (6) e'.velliRg HRits iR eeRjHRetisR with a
permittee eammereialHse, pravieee that: [elimiRate FemaiReer ef teKt.]
· Revise Section 9.5-250 to eliminate commercial apartments of six or more units in the
Maritime Industries District.
(b) The following uses are permitted as minor conditional uses in the Maritime Industries District,
subject to the standards and procedures set forth in article III, division 3:
(1) Cemmereial apafHReRts iRvslviRg mere thaR six (6) e':lelliRg HRits iR eeRjHRetisR '.viili a
permittee eemmereialHse, prsvieee that: [elimiRate remaiReer sf text.]
Section 2. 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 validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be filed in the Office of the Secretary of State of Florida,
but shall not become effective until a notice is issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
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Section 6. The Director of Growth Management is hereby directed to forward a copy of
this ordinance to the Municipal Code Corporation for the incorporation in the Monroe County Code of
Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 200 I.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
BY
A ITEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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STAFF REPORT
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248,
9.5-249, AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
BOARD OF COUNTY COMMISSIONERS
Marathon
December 19, 2001
County of Monroe
PlatlIlins and Environmental Resources
2798 Overseas Highway
Suite 400
Marathon, f10rida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tem Nora Williams, Dist. 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray Nelson, Dist. 5
Comm. Dixie Spehar, Dist. 1
Memorandum
TO:
Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director
Planning and Environmental Resources
SUBJECT:
Proposed LDR amendment SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232,
9.4-235,9.5-248,9.5-249, AND 9.5-250, Employee housing
DATE:
November 19,2001
Overview:
This staff report recommends adopting an amendment to the Land Development Regulations to
provide more opportunities and incentives for the provision of employee housing. The scope of
these changes includes but is not limited to the following:
· Revising the definitions of employee housing and commercial apartments.
· Creating density bonuses for employee housing in the Urban Commercial (UC), Suburban
Commercial (SC), and Mixed Use (MU) land use districts, including incentives for market rate
housing as part of an affordable or employee housing development.
· Creating commercial floor area exclusion for developing on site affordable or employee
housing.
· Creating restnctIOns on the scale of commercial apartment developments to encourage
employee housing.
· Increasing from twenty to thirty years the length of time a property is restricted to households
that meet the affordable or employee housing criteria.
Background:
Creating additional opportunities for housing the county workforce has been a continuing concern of
the Monroe County Board of County Commissioners (BOCC). A series of groups have been formed
and met over the years to try and find a solution to the over-all affordability of housing problem in
the Keys. The Blue Ribbon Task Force on Affordable Housing met during the summer and fall of
County of Monroe
1999 and prepared a set of recommendations, including state legislation and LDR changes. Much of
the state legislation has been implemented.
An Affordable Housing Action Plan was adopted by the BOCC at its Key Largo meeting in
November 1999. As part of that action plan staff was directed to identify suitable parcels for
affordable housing. The staff report, completed in January 2000, found few sites with both the
required zoning and lack of environmental constraints required for larger projects. Staff at that time
recommended changing the LDRs to provide for density bonuses in MU and SC and to remove the
requirements for associated commercial use.
The Board of County Commissioners in March 2001 approved conceptually a 20 Year Plan,
proposed by Commissioner Williams to implement a long range "end-game" approach to land
acquisition, build out and affordable housing in Monroe County. The Monroe County Growth
Management Division staff prepared a response to the Board of County Commissioners on June
19, 2001 recommending, among other things, that affordable housing be an allowable use in the
Suburban Commercial zoning district and to allow a mix of market rate and affordable housing
units.
The high cost of construction in the Keys coupled with the high appreciation of values for homes
have resulted in the available ROGO allocations for affordable and employee housing not being
applied for and used. This proposed amendment includes incentives and bonuses to encourage the
provision of employee housing and try to make development of employee housing a more
attractive option.
2010 Comprehensive Plan
Policy 601.1.12 of Monroe County Year 20 1 0 Comprehensive Plan states: "Monroe County shall
adopt Land Development Regulations which may include density bonuses, impact fee waiver
programs and other possible regulations to encourage affordable housing.
Findings:
1. Based on the Monroe County Code, staff finds that the proposed amendment is consistent with
the Sec. 9.5-511 of the Monroe County Code.
2. Based on the Monroe County 2010 Comprehensive Plan, staff finds that the proposed text
amendment is consistent with and furthers the goals and objectives of the plan.
Recommendation:
The Planning staff recommends approval of the proposed text amendment of the Land
Development Regulations.
2
Monroe County Department of Planning and Environmental Resources
Employee Housing Proposal
The following incentives are to provide encouragement to the private sector to build
housing for the County workforce:
Proposed Incentives Current Regulations
Permits employee housing and commercial Only permitted in SC in conjunction with a
apartments as a "use permitted by right" in permitted commercial use.
the SC.
Increases the maximum net density for The maximum net density in the SC is
employee housing to fifteen (15) in the SC currently six (6) and in the MU it is twelve
and eighteen (18) in the MU. (12).
Commercial apartments, located on the All commercial apartments have to comply
same parcel of land as a commercial use with the affordable criteria.
and for the owner or employees of the use,
do not have to meet the affordable criteria.
A maximum of 20% of an affordable or The complete project must comply with the
employee housing project of five (5) units affordable criteria.
or more may be market rate housing.
Impact fees are waved for all affordable Impact fees must be paid for all market rate
and employee housing projects including housing.
the market rate housing portion.
The market rate housing in an employee or Affordable housing ROGO points are only
affordable housing project may receive allocated to housing, which comply with
ROGO points as affordable housing and the affordable criteria. TDRs are required
not require a TDR. for market rate housing.
An "intensity" bonus is provided by All non-residential floor area is included in
excluding a portion of the projects non- the calculations for the total gross of
residential floor area from the calculations development allowed on the parcel.
for total gross development.
The total numbers of commercial Commercial apartments must be affordable
apartments allowable in UC, SC, MU, are and are unlimited in the UC, SC, MU, I,
limited and are removed from I and MI to and MI.
encourage the provision of employee
housing.
Other Provisions
· The proposal increases from twenty years to thirty years the length of time a
property is restricted to households that meet the affordable or employee housing
criteria.
.
Maintains the requirement that the property proposed for employee or affordable
housing allocations not receive negative points for habitat protection, or
threatened or endangered species or critical habitat areas. Section 9.5-122-
3(a)(7), (8) or (9).
K. Marlene Conaway, Director
11/19/01
PLANNING COMMISSION RESOLUTION
NO. P77-01
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248,
9.5-249, AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
RESOLUTION NO. P77-01
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING
APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED
BY THE PLANNING DEPARTMENT TO
AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY
AMENDING SECTIONS 9.5-4, 9.5-266, 9.5-284,
9.5-232, 9.5-235, 9.5-248, 9.5-249, AND 9.5-250.
THIS AMENDMENT INCREASES
OPPORTUNITIES FOR PROVIDING
HOUSING FOR THE COUNTY WORKFORCE.
WHEREAS, The need to provide housing for the workforce in Monroe County has
been discussed at several inter-jurisdictional meetings over the last year;
WHEREAS, The Planning Commission met in Public Hearing on October 10,
October 24, and November 7, 2001 to consider the amendments to the Land
Development Regulations proposed by the Planning Staff to increase opportunities for
providing workforce housing in the County - SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-
232,9.5-235,9.5-248,9.5-249, AND 9.5-250
WHEREAS, The Development Review Committee conducted a review and
consideration of the amendments on October 4, 2001 and recommended approval to the
Monroe County Planning Commission.
WHEREAS, The Planning Commission was presented with the following
evidence, which by reference is hereby incorporated as part of the record of said hearing;
1. Staff report prepared on October 4, 2001 by Ed Koconis, Island Planning
Director; and
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
4. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of Fact
and Conclusions of Law based on the evidence presented:
1. The current ordinance does not adequately address the employee and affordable
housing needs in the County.
2. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the
proposed changes are consistent with its goals. NOW, THEREFORE;
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BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law,
support its decision to recommend APPROVAL to the Board of County Commissioners
of the addition to the text of the Monroe County Land Development Regulations,
SECTIONS 9.5-4,9.5-266,9.5-284,9.5-232,9.5-235,9.5-248,9.5_249, AND 9.5-250.
· Revise definition of Commercial Apartment.
Sec. 9.5-4 (C-ll): Commercial apartment means an attached or detached residential
dwelling unit located on the same parcel of land as a non-residential use that is
de';eleped in eenjl:lRction ,>vith a nenresiaential l:lse ana is intended te serve the
hOl:lsing neeas sf persons who are gainfully employed in MeIH'oe County. that is
intended to serve as permanent housing for the owner or emplovees of that
nonresidential use. fJI eemmereial apartments ml:lst esmply v.ith the affordable
housing eriteria set forth in section 9.5 4(..^~ 5) and section 9.5 266. Tourist housing
use or vacation rental use of commercial apartments is prohibited.
· Revise definition of Employee Housing.
Sec. 9.5-4 (E-l): Employee housing means an nOB temporary attached or detached
dwelling unit ,':hieh is used by em.ployees that is intended to serve as affordable.
permanent housing for working households, wfte which derive at least seventy (70)
percent of their household income from gainful employment in Monroe County and
meet the requirements for affordable housing as per sections 9.5-4 (A-5) and 9.5-266.
· Create a definition for Market Rate Housing.
Sec. 9.5-4 (M-7): Market rate housing means an attached or detached dwelling unit
that is intended to serve as permanent housing for households not eligible for
affordable or emplovee housing under this chapter.
· Revise Section 9.5-266 to include provisions for employee housing and mixed
affordable/market housing and other needed content and editorial changes.
Sec. 9.5-266. Affordable hOHsiBg and employee housing; administration:
(a) Affordable and emplovee housing:
(1) Notwithstanding the density limitations in section 9.5-262, the owner of a parcel ofland
shall be entitled to:
a. Develop affordable and employee housing as defined in section 9.5-4(A-
5).1\fforaable housing units may be de':eloped on parcels of land classified as
Urban Residential (UR) at an intensity up to a maximum net residential
density of twenty-five (25) dwelling units per acre and on parcels of land
classified as Mixed Use eMU) at an intensitv up to a maximum net residential
density of eighteen (18) dwelling units per acre. '.vithOl:lt regard te the
transferable development rights (TDR) requirements \vhieh may be imposed
by these regulations.
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b. Develop employee housing as defined in sec. 9.5-4 (E-1) on parcels ofland
classified as Suburban Commercial (SC) at an intensity up to a maximum net
residential density of fifteen (15) dwelling units per acre and on parcels of
land classified as Urban Residential (UR) at an intensity up to a maximum net
residential density of twenty-five (25) dwelling units per acre.
c. Develop market rate housing, as defined in section 9.5-4 (M-7), as part of an
affordable or employee housing project in accordance with paragraph (8)
below, provided that on parcels ofland classified as Urban Residential (UR),
the maximum net residential density shall not be greater than eighteen (18)
dwelling units per acre.
(2) ..\ttached or detached affordable h01:lsing units may be aeveloped in all other land
use districts as set forth and provided in division 2, sections 9.5 232 thrOligfl 9.5
255, up to the maximlim net density established for that distriet \','ithout regard to
the trlm.sterable development rights (TDR) requirements '.vhich may be imposed
by these regulations.
(2) The maximum net residential densitv allowed per district and by this section shall
not require transferable development rights (TDR) for affordable and employee
housing and market rate housing developed in accordance with paragraph (8)
below.
(3) Market rate housing developed in accordance with paragraph (8) below shall be
eligible to receive points as affordable housing under section 9.5-122.3 (a)(6).
(4) The requirements of this chapter for the provision of impact fees shall be waived
for affordable and emplovee housing and any market rate housing developed in
accordance with paragraph (8) below.
(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270, some or all
of any lawfully established nonresidential floor area situated on a parcel of at least
one (1) grOSS acre containing affordable or emplovee housing shall be excluded
from the calculation of the total gross of development allowed on the parcel. For
purposes of this exclusion a floor area ratio of twentv-five (25) percent shall be
assumed. The exclusion of floor area shall be in accordance with the following
criteria:
a. If the parcel of land is less than two (2) gross acres, the projcct's total
nonresidential fluor area or two-thousand (2,000) square feet, whichever is
less, shall be excluded from the calculation; or
b. If the parcel ofland is two or more (2) gross acres, the project's total
nonresidential floor area or four-thousand (4,000) square feet, whichever is
less, shall be excluded from the calculation.
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-t4t (Q) In order for the owner of a parcel of land to be entitled to the incentives for
affordable or employee housing outlined in this section and division l.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
ffii§ion 9.5-4 (A-5); and
b. If the affordable housing dwelling unit is designated for employee housing ef
eommer-eial 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 ffii§ion 9.5-4(A-5); and
c. The use of the affordable or employee housing dwelling unit is restricted for a
period of at least thirty (30) years to households that meet the requirements of
paragraph t4j (ill a. or (Q) b. above; and
d. The size ofthe affordable or employee housing dwelling unit shall be is
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 thirty (30) years; and
e. Tourist housing use or vacation rental use of affordable or employee housing
units is prohibited.
f. The parcel of land proposed for development of affordable or employee
housing shall not qualify for negative points under Section 9.5-122(a)(7), (8)
or (9) however properties designated IS-D, UR, URM or URM-L shall be
exempt from this prohibition.
(7) Commercial apartment dwelling units, as defined in section 9.5-4 (C-11), shall
only be eligible for the incentives outlined in this section if they meet the
requirements of paragraph (6) above for employee housing.
(8) If an affordable or employee housing: proiect or an eligible commercial
apartment(s) designated for employee housing contain(s) at least five dwelling
units, a maximum oftwentv (20) percent of these units may be developed as
market rate housing dwelling units. The owner of a parcel of land must develop
the market rate housing dwelling units as an integral part of an affordable or
emplovee housing project. In order for the market rate housing dwelling units to
be eligible for incentives outlined in this section, the owner must ensure that:
a. The use of the market rate housing dwelling unit is restricted for a period of at
least thirty (30) vears to households that derive at least seventy (70) percent of
their household income from gainful employment in Monroe County: and
b. Tourist housing use and vacation rental use of the market rate dwelling unit is
prohibited.
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(9) Market rate housing dwelling units are not restricted to the thirteen hundred
(1,300) square feet limitation on habitable space for affordable and employee
housing.
· Delete existing subsections 9.5-266 (b) and (c).
· Move administrative and compliance provisions from Section 266 (a) to
Section 266 (b).
(b) Administration and Comvliance:
(1) Before any certificate of occupancy may be issued for any structure, portion or
phase of a project subject to this section, restrictive covenants(s) shall be filed in
the official records of Monroe County to ensure compliance with the provisions of
this section running in favor of Monroe County and enforceable by the County.
The covenant(s) shall be effective for at least thirty (30) years, but shall not
commence running until a certificate of occupancy has been issued by the
building official for the dwelling unit or dwelling units to which the covenant or
covenants apply.
(2) Restrictive covenants for housing subiect to the provisions of this section shall be
filed that require compliance with the following:
a. Restricting affordable housing dwelling units to households meeting the
income requirements of section 9.5-266 (a)(6)a.
b. . Restricting employee housing dwelling units to households meeting the
income and employment requirements of section 9.5-266 (a)(6)b.
c. Restricting market rate housing dwelling units to households meeting the
employment rep.uirements of section 9.5-266 (a)(S)a.
d. Restricting affordable and emplovee housing dwelling units to no more than
thirteen hundred (1.300) square feet of habitable space.
e. Prohibiting tourist housing use or vacation rental use of any housing
developed under the provisions of this section.
(3) The eligibility of a potential owner-occupier or renter of an affordable, employee
or market rate housing dwelling unit, developed as part of an emplovee or
affordable housing proiect. 6f designated as or empleyee shall be determined by
the planning department upon submittal of an affidavit of Qualification to the
planning department. The form ofthe affidavit shall be in a form prescribed by
the planning deoartment. This eligibility shall be determined by the planning
department as follows:
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a. At the time the potential owner either applies for affordable housing ROGO
allocation, or applies to purchase a unit that utilized affordable housing
ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit that utilized
an affordable ROGO allocation.
(4) Except as provided in paragraph (5) below. the propertv owner of each affordable
employee or market rate housing dwelling unit. developed as part of an affordable
or employee housing proiect. shall be reQuired to annually submit an affidavit of
Qualification to the planning department verifying that the applicable
employment and income requirements of paragraph (2) above are met. The annual
affidavit of Qualification shall be in a form prescribed bv the planning: director and
shall be filed by the property owner upon receiving written notification by
certified mail from the planning department. The planning department shall:
a. Revie',v the lease agreement for an affordable housing on an ar.nual basis to
ensure that the rent for the lmit does not exceea the affoniable rent standard
for the unit pursuant to subsection 9.5 4V~ 5); and,
b. Re';iew the lease agreement and letter of effif)lo)'fRent and/or ocelipatioB
license of an occlipant of an eommercial apartment er effif)loyee hCHising en an
annual basis to eBSlHe that the ecelipant is gainfully employed in Monroe
C01:H'J.ty;
c. Reyiew ~ annual verification statement from bNsiness eertifying that !hQ
emple)'ee heNsing is eeeapied by employees meeting income criteria in
subsection 9.5 266 (a)(6) b.
(5) The owner-occupant of an affordable. emplovee. or market rate housing dwelling
unit. developed as part of an affordable or employee housing proiect. who has
received a homestead exemption as provided for under the Florida Statutes. is not
reQuired to submit an annual affidavit of Qualification as reQuired abOve in
paragraph (4) if that owner-occupant was qualified previouslv by the planning
department. Prior to any change in ownership (including. but not limited to: sale,
assignment. devise. or otherwise). the owner-occupant shall be required to
provide documentation to the planning department in a form prescribed by the
planning director proving that the potential occupying household is eligible to
occupy that unit prior to a change in ownership of the property.
(6) Failure to submit the reQuired annual verification as rec..uired in paragraph (4)
above or failure to provide documentation prior to change in ownership required
in paragraph (5) above shall constitute a violation of the restrictive covenant. the
conditions ofthe certificate of occupancy and this chapter.
· Delete Section 9.5-284(e) that addresses commercial apartment development
standards.
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· Revise Section 9.5-232 to restrict commercial apartments in the Urban
Commercial District.
(a) The following uses are permitted as of right in the Urban Commercial District:
(4) Commercial apartments involving less than six (6) dwelling units in eenjliflction
'.'lith a permitted eemmereiall:lsc;
(b) The following uses are permitted as minor conditional uses in the Urban
Commercial District, subject to the standards and procedures set forth in article III,
division 3:
(4) Commercial apartments involving more than six (6) to eighteen (18) dwelling
units in conjunction ','lith a permitted eommercial lise, provided that:
a. The hours of operation ofthe commercial uses pr-epesee in eonjlinetion with
the apartments are compatible with residential uses; and [remainder of text is
unchanged. ]
· Revise Section 9.5-235 to include prOVISIons for attached and unattached
residential dwellings designated as employee housing in the Sub Urban
Commercial District and restrict the use of commercial apartments.
(a) The following uses are permitted as of right in the Sub Urban Commercial
District:
(3) Commercial apartments involving less than six (6) dwelling units in conjliflction
,yith a permittee eommercialuse;
(14)Attached and unattached residential dwellings involving less than six (6) units,
designated as employee housing as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Commercial District, subject to the standards and procedures set forth in article
III, division 3:
(4) Commercial apartments involving more than six (6) to eighteen (18) dwelling
units in conjunction with a permitted eommercial use, provided that:
a. The hours of operation of the coniITIercial uses proposed in conjliflction with
the apartments are compatible with residential uses; and [remainder of text is
unchanged. ]
(11) Attached and unattached residential dwellings involving six (6) to eighteen (18)
units, designated as employee housing as provided for in section 9.5-266.
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(c) The following uses are permitted as major conditional uses in the Sub Urban
Commercial District subject to the standards and procedures set forth in article III,
division 3:
(9) Attached and unattached residential dwellings involving more than eighteen (18)
units. designated as employee housing as provided for in section 9.5-266.
· Revise Section 9.5-248 to include provisions for attached and unattached
residential dwellings designated as employee housing in the Mixed Use District
and to restrict use of commercial apartments.
(a) The following uses are permitted as of right in the Mixed Use District:
(18)Attached and unattached residential dwellings involving less than six (6) units.
designated as employee housing as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Mixed Use
District, subject to the standards and procedures set forth in article III, division 3:
(5) Commercial apartments involving more than six (6) to eighteen (18) dwelling
units, provided that: [remainder of text is unchanged.]
a. The hours of operation ofthe commercial uses proposed in eonjWletion with
the apartments are compatible with residential uses; and [remainder of text is
unchanged. ]
(12)Attached and unattached residential dwellings involving six (6) to eighteen (18)
units. designated as employee housing as provided for in section 9.5-266.
(c) The following uses are permitted as major conditional uses in the Mixed Use
District, subject to the standards and procedures set forth in article III, division 3:
(12)Attached and unattached residential dwellings involving more than eighteen (18)
units. designated as employee housing as provided for in section 9.5-266.
· Revise Section 9.5-249 to eliminate commercial apartments of six or more units
in the Industrial District.
(b) The following uses are permitted as minor conditional uses in the Industrial
District, subject to the standards and procedures set forth in article III, division 3:
(2) Commereial apartmeflts involving more than six (6) d\velling units in eonjl:lflction
'.vith a permitted commercial use, provided that: [eliminate remainder of text.]
· Revise Section 9.5-250 to eliminate commercial apartments of six or more units
in the Maritime Industries District.
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(b) The following uses are permitted as minor conditional uses in the Maritime
Industries District, subject to the standards and procedures set forth in article ill, division
3:
(1) Commer'€ia1 a13artmeflts iBve1':ing more than six (6) dwelling Wlits in oOfljWlotien
witJ:J. a 13ermitted eemmereialase, 13revided taM: [elimiBate remainder of text.]
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the th day of November 2001.
Chair Ritz YES
Commissioner Coleman NO
Commissioner Werling YES
Commissioner Hill NO
Commissioner Putney YES
Signed this ~ f) +h. day of
PLANNING COMMISSION OF
MO~ COUNTY FLORIDA
By~/C f( ,.:7
~6~(" ~:::lC.Rjtz'Ch&rmanJ
APPROVED AS TO FORM
AND LEG SUFfICIENCY
{i ,f A__
BY
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