Item O04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REVISED
TIME CERTAIN
Meeting Date: October 16, 2002
Division:
District 1
Bulk Item: Yes
No
Department: Commissioner Dixie M. Spehar
AGENDA ITEM WORDING:
Approval to refer to staff and Planning Commission to review as an amendment to Section 9.5-4(A-5)
and (M-lO), and Section 9.5-266(a), (b), and (c), Monroe County Code; revising the definition of
affordable housing, amending eligibility requirements, and providing a family size calculation for
rental units. Upon approval from the Planning Commission, this amendment will be brought to a
public hearing before the Board of County Commissioners for input on the proposed ordinance.
ITEM BACKGROUND:
The existjng provisions on affordable housing have resulted in an imbalance between affordable and
moderate housing, thereby decreasing the availability of housing to a large proportion of people
employed at moderate incomes. This ordinance is designed to alleviate that imbalance.
PREVIOUS REVELANT BOCC ACTION:
Prior provisions for affordable housing and employee housing.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO, COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Arty ~
OMB/Purchasing Risk Management
- -
'/~ ~. ~ltW
(Commissioner IXle M. Spehar)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM # ill
DISPOSITION:
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
TIME CERTAIN
Meeting Date: October 16, 2002
Division:
District 1
Bulk Item: Yes
No
Department: Commissioner Dixie M. Spehar
AGENDA ITEM WORDING:
Request Approval to advertise a public hearing to adopt an ordinance revising Section 9.5-4(A-5) and
(M-lO), and Section 9.5-266(a), (b), and (c), Monroe County Code; revising the definition of
affordable housing, amending eligibility. requirements, and providing a family size calculation for
rental units.
ITEM BACKGROUND:
The existing provisions on affordable housing have resulted in an imbalance between affordable and
moderate housing, thereby decreasing the availability of housing to a large proportion of people
employed at moderate incomes. This ordinance is designed to alleviate that imbalance.
PREVIOUS REVELANT BOCC ACTION:
Prior provisions for affordable housing and employee housing.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval to advertise for public hearing in Key Largo on November 13,2002 at 5:01PM.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DMSIONDIRECTORAPPROVAL: i/~~, In. · L.~
(Commissio~xle M. Spehar)
DOCUMENT A TION:
Included X
To Follow
Not Required_
AGENDAITEM#M
DISPOSITION:
Revised 2/27/01
OCT-04-02 16:52 FROM:MONROE COUNTY ATTY OFFICE 10:3052823516
PAGE
1/8
ORDINANCI! NO.
-2002
AN ORDINANCE AMENDING SECTION 9.S-4(A-S), AND eM-10), AND
SECTION 9.5..266 (a), (b) and (e) MONROE COUNTY CODe;
PROVIDING FOR A REVISED DEFINITION OF AFFORDABLE HOUSING;
TO AMeND APPLICANT EUGIBIUTY REQUIREMENTS: TO PROVIDE A
FAMILY SIZE CALCULADON FOR RENTAL UNITS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
PI\OVlSIONS: PROVIDING FOR AN EFFECTIV~ DAlE.
WHEREAS, the Monroe County Board of County Commissioners finds that the need
for affordable and employee housing has become persistent and affects a large proportion
of employees in Monroe County, and
WHEREAS, the Monroe County Board of County Commissioners wish to create
opportunities for wanting families to obtain affordable, dean and safe housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that
adjustments are needed to distinguish income requirements among low income, median
income, and moderate income employee housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision
of the County's affordable housing regulations is necessary to address an imbalance in
affordable versus moderate housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision
of the County's affordable housing regulations would promote the health, safety and
welfare of the citizens of Monroe County; now, therefore
BI! IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONRO!
COUNTY. FLORIDA, that:
Section 1. Section 9.5-4 (A-S) of Monroe County Code Is amended to read as
follows:
(A-S) Affordable Housing refers to residential dwelling units that meet the following
requirements :
· Contain less than or equal to one thousand three hundred (1,300) square feet
of habitable space; and
· Meet all applicable requirements of the United States Depart~ent of Housing
and Urban Development minimum property standards as to room sizes, fixtures,
landscaping and building materials, when not in conflict with applicable laws of
Monroe County; and
· Restricted for a twcmty ',ea... fifty-year period to use by households that meet
the requirements as stated below.
.OCT-04-02 16:52 FROM:MONROE COUNTY ATTY OFFICE 10:3052823516
PAGE
2/8
(a) Generallv, affordable housing for a rental dwelling unit shall mean a dwelling
unit whose monthly rent. not includin9 utilities. does not exceed 30 percent of tha~
amount which represents either 60 (very low income) or 80 (low income) ~r 120
(moderate incomel.nercent of the monthly median household incom~ for Monroe
County. For an owner-occuRied dwelllnq unit, "affordable hOUSing" shall mean a
dwelling unit whose monthly mortgage pavment (includina taxes and Insurance.. but
not including utilities) does not exceed 33 percent of the amoynt that reDresents 120
percent of the monthly median household inmme for Monro@ County. However, in
any case# the sales price shall not exceed four and one-quarter times the annual
median household income for Monroe County
(b) Affordable housing very low income shall be a rental dwelling unit whose
monthly rent. not including utilities. does not exceed 30 percent of the amount which
represents 60 percent of the monthly median household income for Monroe County,
as Qrovided for in subsection 1.
. (k) Affordable hQusing rental low income shall me~n a dwelling unit whose
monthly rent. not including utilities, does not exceed 30 percent of the amount which
represents 80 percent of the monthly median household income for Monroe CountY,
as provided for in subsection 1.
Cd) Affordable hOI)Sing rental moderate income shall mean a dwelling unit whose
month Iv rent. not including utilities. does not exceed 30 percent of the amount which
represents 120 percent of the monthly median household income, provided that such
units are located with housing development prQjects of twenty (20) yniq or fewer. as
provided for in subsection 1.
(e) Affordable housing mixed income shall be a rental dweJlin9 unit whose
montblv renta' fJayment. not 'ncluding utilities. does not exceed ~O percent of the
amount which represents 120 oercent of the monthly median hQusehold income,
provided that the mixed Income affordable housing development in which the
dwelling units are located also contain dwelling units which meet the definition of low
and/or very low income affordable housing in those proportions required by Federal
and State of Florida law. as provided for in subsection 1.
(0 Affordable housing owner occupied moderate income shalL mean a dwelling
unit occupied only by a moderate income bousehold whose income does not exceed
120 percent of the median gross annual household in,om~ for Monroe County. as
provided for in subsection 1.
(a) Affordable housing trust fund shall mean the tru~t fund established and
maintained by the county for revenues from fees in lieu of constructing affordable
housing, and revenues from another SOurce earmarked for the trust fund by land
development re9ulatfon~ ordinance or donation.
(h) Median hQusehold income shall mean the median hou~ehold income publiShed
for Monroe County on an annual basis by the U.S. Department of Housing and Urban
Develooment.
0) Median income. eligibility, rental rates and Qualifying incomes shall mean a
table of ellgibi/itv requirements compIled each year by the Planning Department
2
. OCT~04-02 16,53 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 3/8
bctsed upon th~ meai!!n household income published for Monroe County on an annual
basis by the U.S. Department of Housin9 and Urban Development. The Co~ntY shall
relv upon this table to determine maximum rental rates and maximum househ~ld
incomes eligible for affordable housing.
Section 2. Section 9.5-4 (M-10) Monroe County Code, is amended to read as
follows:
eM-IO) Median household income means the median of household income pel"
houscf:tefd !He. {os aekFMiflea ffem time to time to be R'lCsjaA 8't. t:he l:J .c:. CeflSI::JS -'6F
the Florida SbtisBml ABstFaEt. published for Monroe County on an annual basis by
the U.S. Deoartment of Housing and Urban Development.
Section 3. Section 9.5-266 Monroe County Code, is amended to read as follows:
Sec. 9.5:"266. Affordable housing; employee housing.
(a) Affordable Housing:
(1) Notwithstanding the density limitation in section 9.5-262, the owner of a
parcel of land shall be entitled to develop affordable housing as defined in section
9.5-4(A-5). Affordable housing units may be developed on parcels of land classified
as Urban Residential CUR) at an intensity up to a maximum net density of twenty-five
(25) dwelling units per acre without regard to the transferable development rights
(TOR) requirements which may be imposed by these regulations.
(2) Attached or detached affordable housing units may be developed in all other
land use districts as set forth and provided in division 2, sections 9.5-232 through
9.5-255, up to the maximum net density established for that district without regard
to the transferable development rights (TOR) requirements which may be imposed
by these regulations.
(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 tweAty (20) fifty (50) 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.
(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(5); and,
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
3
OCT-04-02 16:53 FROM:MONROE COUNTY ATTY OFFICE 10:3052823516
PAGE 4/8
derive at least seventy (70) percent of their household income for gainful
employment in Monroe County: and meet the adjusted gross annual income f/mits
for median-income as defined in subsection 9.S-4(A-S); and
c. The use of the affordable housing dwelling unit is restricted for a period of at least
tweAty {29) fifty (51)) years to households that meet the requirements of paragraph
(4)a. or b. above; and,
&: l"Ae si2e af aft affsF6able housing dwelliAg l::IAit sRall be limited by a C8f18itiaA te
be placed Oft tA€: Elevelef3FfleRt permit .,NRich restriets Nle habitable space of the- t:lRit
to a maximum 8f aRE: tRal:lsaR~ three hundred (l,3QG) SEll:lafe feet fer a period af at
least iweRt'! (20) years.
Section 4. Sec. 9.5-266(a)(5) is renumbered by Section 5 below and a new
subparagraph (a)(5) is inserted as follows:
(5) a. Generallv. Residenti~1 or mixed use projects offered at market rate shall be
required to develop at least 30 percent (ofl units of at least 400 square feet each as
affordable. but may contribute a fee in lieu of each unit to the affordable housinS}
trust fund, if approved by the County Commission. The per unjt fee shall be
$40,000.00 (representing construction cost. less land cost. of a 400 square foot
unit). Vested units shall be subject to this subsectlon if not otherwise governed by
law or aqreement.
b. Unkage of prQiects. Two development prQjects may link to allow the
affordable housing requirement of one development project to be built a the site of
another project. so lono as the affordable housing requirement of the latter
development is fulfilled as well. Written proQf of the project Iinkage shall be supplied
by th~ developer to the County Commission at the time of the first site plan
approval. The prQject cgntalnlng the affordable units must be built either before or
simultaneously with the project without. or with fewer than. the reouired affordable
units. In addition. if a develoger builds more than the required number of affordable
units at a development site. this development project may be linked with a
subsequent development project to allow compliance with the subsequent
development's affordable unit requirement. Written proof of the linkage must be
supplied by the develoller to the County Commission at the time of the subsequent
development's site plan approval. Unkage shall not be available if either
(fevelopment is entirely or in Qart to be constructed by gublic funds. Finally. all
Iinka9es under this subsection may occur within the county or on a site within the
county and on a site in the incorporated cities of Key West, Marathon and
Iil@morada, subject to an inter/ocal agreement.
,. Demonstration ot continuing affordablllty. Demonstration of continuing
affordability shall be by deed restriction that effed:ivelv runs with the land and is
binding on owners. suc~sors in ownership. or assigns. The deed r~striction shall
be in a form grQvided by the county and shall be for a period of at least s6 years. It
shall be recorded in the county records.
d. Rsoortina Requirements. Owners of affordable housing projects or units
sh~" furnish the Planning Director or his designee with annual information necessary
4
QCT-04-02 16:54 FROM:MONROE COUNTY ATTY OFFICE ID:3052823516
PAGE
5/8
e. Compliance with antidiscrimination policy. AU property owners offering
affordable housin9 under this division shall comply with the antidiscrimination policy
of Monroe County.
Section 5. Sec. 9.5-266(5) and (6) are renumbered as follows:
~ !ID 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.
t67 ill 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-S); 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.
The planning department will review the lease agreement for the 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 [sub]section[s] 9.5-4(A-5} and 9.5-266.
Section S. Sees. 9.S-266(8) through (12) are created to read as follows:
(8) Affordab/~ Housing Trust Fund. The affordable housing. trust fund (referred to
as the "trust fundO) is established. The trust fund shall be maintained with funds earrTJarked
for the trust fund for the DU'1'ose of promoting affordable housinQ in the county an~ ilia
cities of Monroe County. Monies received by the trust fund shall not be cOmmjngled with
general operating funds of the county. The trust fund shall be used for the follOwing:
a. Finandal aid to developers as project grants for affordable housing construction:
b. F'inant;ial aid to eligible homebuyers as mortgClge assistance;
~ Financial incentive for the conversion of transient units to affordable residential
units:
5
OCT-04-02 18.64 FROM.MONROE COUNTY ATTY OFFICE 10.3062923618
PACE
8/S
do Direct investment in or leverage to housing affordabilitv through site aCQuisition.
housing devefopment ~nd housing conservation: Qr
e. Other affordable housing, j2ur.goses from time to time established by resolution of
the County Commission.
(9) Household Requirements. The following eli9ibility requirements shall be
required of households or persons to Qualify for affordable housing' units to the extent
lawful:
a. The household or person shall derive at least 70 oercent of its or his/her total
Lncome from gainful employmenj; in the countvr or establish eligibility as provided in
subsection f. below.
b. At the time of lease of low income affordable housin9 unit. the total income of
~1i9ible household Or persons shalf not exceed 100 percent of the median householg
income for the county.
c. During occupancy Qf any low income affordable housinQ. a household's income
may increase to an amount not to exceed 120 percent of the median household
income for the county. In such event. the tenant'5 occupancy shall terminate at the
e,nd of the existing lease term.
d. At the time of sale of an owner-occupied affordable unit. the total income of
eligrble households or persons shall npt ~xceed 120 percent of the median household
income for the county.
e. During occupancy of any affordabl~ hou~ing rental unit, a household's annual
income may increase to an amount not to exceed 140 Qercent of the median
household income for the county. In such event. the tenant's occupanCY shall
terminate at the end of the f:xisting lease term.
f. EligibilitY is based on proof of legal residence In the county for at least one
consecutive year.
g. Priority shall be given to families of four or more members for larger sized
affordable housin9 units.
h. The applicant shall execute a. sworn affidavit stating the applicant's intention to
OCCUDY the dwellinq unit.
i. The income of eligible households shall be determined by counting only the first
and hi9he~t paid 40 hours of employment per week of each unrelated adult. For a
household containing adults related by marriaae or a domestic ~rtnershlD registered
with the county, only the highest 60 hours of the combined employmen~ shall be
counted. The income of dependen~ regardless of age shall not be counted in
calculating a household's income.
k. The Board of County Commissioners may review a hou~~hQld's income and
unique circumstances to determine eligibility and conformance with the intent of .thls
6
OCT-04-02 18:54 FROM:MONROE COUNTY ATTY OFFICE ID:3052823518
PAGE
7/8
ordinance to aSSure that oeoole in need are not excluded anq people without ne@Q
are not included.
(10) Accessory Unit lnn/I. In all land use districts of the County. except Native
Area. Sparsely Settled. Mainland Native... Improved Subdivision. Recreational vehicle:
Offshore Island, Military F~cilities and Pirk ~nd R~fiJge land use districts the .county .Board
of County Commissioners desires to encourage the addition of affordable housin~ on the
second story of commercial properties and in association with institutions to romote
employee housing. Such development shall Qe knQwn CIS CLc~~ry unit infill~ T~n@nt5
shall be eligible Qerson~ under Section 9.5. 266{h). Applicants under this section may
grovjd~ two bicycle or scooter parking spaces per unit as 2m alternative to applyJna to th;
county for Darkina variances. provided that units are 600 square feet or less. The countY
shall process applications under this section in the same manner as multifamily units or as
a conditional use of multifamily is not allowed.
(11) Communitv housing development organization. The Board of County
Commission~rs may e~l1li~h a nonprofit community housin9 development organization
(CHDO). Dursuant to federal regulations governing such organizations, to serve as
developer of affordable housing units on county-owned pmgertY located in community
redevelopment areas, Including or located in the incorporated part of th~ C9ynty I upon
interlocal agreement. In such event, the county may delegate to the community housing
development organization all or ~rtial administration of the affordable housing trust fund.
(12) Family size.~When establishing a rental and sales amount. one shaUassume
family size as indicated in the table below. This section shall not be used to establish the
mctximum number of individuals who actually liv~ in the ynit.
Size of Unit Assumed Filmily Size Minimum Occupancy
EffIciency (no separate bedroom) 1 1
One bedroom 2 1
Two bedroom 3 2
Three bedroom 4 3
Four or more bedrooms 5 1 per bedroom
~ection 5. Sec. 9.5-266(6)(b) is amended to read as follows:
(6)(b).c..ul Employee Housing. Any person undertaking the development of multifamily
dwellings, hotels, motels, or other structures to be devoted to commercial or office use,
destination resorts or structures devoted to Industrial use in any district except Suburban
Residential (Limited), Mainland Native, Conservation, and Improved Subdivision shall
provide for employee housing In the manner set forth in detail in the form of specific
3MeRSFReRts te t:I=Iese land development re~t::JlatieAS VJAieh May ae recommended bOt the
Affordable He~siR~ Task Feree for the Florida Kc',s net later thaft.- eigRteeR (18) FA8Rth:s at
tflC- Elate 8f these I3fe\/isisRS or June I, 1990. in Section 9.5.266(a).. Affordable housing
projects are exempt from this requirement.
Section J. 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.
7
OGT-04-02 16:55 FROM:MONROE COUNTY ATTY OFFICE ID:3052823516
PAGE
a/a
section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of FJoridCl,
but shall not become effective until CI notiaa is issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Section 6. 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.
Section 7. The Director of Growth Management is hereby directed to forward a copy of
this ordinance to the Municipal Code Corporation for 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, Rorida, at
a regular meeting of said 80ard held on the day of , 2002.
Commissioner MCCoy
Commissioner Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Spehar
(SEAl)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
JdordAfford2
DATE
Ni~~2
8