Item T2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17. 2004
Division: Growth Management
Bulk Item: Yes
No_~
Department: Planning and Environmental Resources
AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending sections 9.5-4 and 9.5-266
(Mfordable and Employee Housing) of the Land Development Regulations that provides a definition for
Employer-Owned Rental Housing and establishes income eligibility requirements for use of Employer-Owned
Rental Housing.
(Only one public hearing is required.)
ITEM BACKGROUND: The Board of County Commissioners directed the Planning Staff to prepare an
ordinance that provides a separate definition for Employer-Owned Rental Housing and to establish income
eligibility requirements. The ordinance was prompted by the requests from large employers, such as Hawk's
Cay, for additional language in the Code that will enable them to better respond to their employees' needs for
affordable housing. The term Employer-Owned Rental Housing will distinguish it from affordable and
employee housing, which are subject to the income requirements in section 9.5-4(A-5) and 9.5-266. The
proposed text amendments will set up new income eligibility requirements that will account for the cohabitation
of unrelated employees that individually qualify for employee housing but will not qualify collectively.
The tenants' income will be considered individually, rather than collectively, and must not exceed eighty (80)
percent of the median adjusted gross income for households within the County. The tenants will also be
required to derive at least seventy (70) percent of their income within Monroe County. The employer-owned
rental unit would meet all applicable requirements of the United States Department of Housing and Urban
Development minimum property standards as to room sizes, fixtures, landscaping and building material, as
stated in Section 9.5-4 (A-5).
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: YesN/A No_ AMOUNTPERMONTHN/A . Year
APPROVED BY:
County Atty ~
. sk Managernent N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM i\ " d-
PROPOSED TEXT AMENDMENTS
TO AFFORDABLE AND EMPLOYEE HOUSING
SECTIONS 9.5-4 AND 9.5-266
OF THE MONROE COUNTY CODE
AMENDMENTS ARE PROPOSED TO THE MONROE
COUNTY CODE TO INSERT A DEFINITION FOR
EMPLOYER-OWNED RENTAL HOUSING AND
LANGUAGE TO ESTABLISH INCOME ELIGIBILITY
REQUIREMENTS FOR THE USE OF EMPLOYER-
OWNED RENTAL HOUSING.
Development Review Committee Approval #D14-04
Planning Commission Approval #P50-04
Growth Management Division Staff Approval
September 9, 2004
September 22, 2004
October 29, 2004
PLANNING COMMISSION RECOMMENDED
BOCC ORDINANCE
ORDINANCE NO. -2004
AN ORDINANCE AMENDING SECTIONS 9.5-4 AND 9.5-266
(AFFORDABLE AND EMPLOYEE HOUSING) OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS INSERTING A
DEFINITION FOR EMPLOYER-OWNED RENTAL HOUSING
AND LANDGUAGE ESTABLISHING INCOME ELIGIBILITY
REQUIREMENTS FOR THE USE OF EMPLOYER-OWNED
RENTAL HOUSING; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as more employers are trying to provide employee housing for their
workforce, the Monroe County Code (MCC) must be amended to respond to changes
made in the supply of affordable housing; and
WHEREAS, rising property values and the conversion of rental property into
transient units have created a shortage of affordable housing for low income workers.
These conditions have prompted employers to meet their employees' housing needs,
which thereby assist in maintaining a full staff and a reduction in employee turnover; and
WHEREAS, the calculation of income eligibility is much more lenient for
households having multiple income earners related by marriage or domestic partnership,
as stated in Section 9.5-266(6)k. This situation creates a hardship for single persons
seeking both employee housing and roommates to help share the cost of housing; and
WHEREAS, the Planning Department has received requests, from large
employers, to propose a separate definition for employer-owned rental housing and to
establish income eligibility requirements; and
WHEREAS, the proposed text amendments will set up new income eligibility
requirements that will account for the cohabitation of unrelated employees that
individually qualify for employee housing but will not qualify collectively; and
WHEREAS, the tenants' income will be considered individually, rather than
collectively, and must not exceed eighty (80) percent of the median adjusted gross
income for households within the County; and
WHEREAS, the Monroe County Development Review Committee during a
regular meeting held on September 9,2004, APPROVED amendments to sections 9.5-4
and 9.5-266 of the Monroe County Code; and
WHEREAS, the Monroe County Planning Commission, during a public meeting
held on September 22, 2004, conducted a review and consideration of the amendments to
Page 1 of 4
the Land Development Regulations proposed by the Planning Staff; and
WHEREAS, the Monroe County Planning Commission recommends
APPROVAL with the condition that tenants of Employer-Owned Rental Housing shall
be required to derive at least seventy (70) percent of their income from within Monroe
County; and
WHEREAS, The Monroe County Board of County Commissioners met in a
public hearing on November 17, 2004, 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 and 9.5-266; and
WHEREAS, the Commission finds that the proposed changes are consistent with
Section 9.5-511(d)(5)b.(iv) New Issues and (v) Recognition of a need for additional detail
or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are consistent with
the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, The Monroe County Board of County Commissioners examined the
following information:
1. Staff report prepared by K. Marlene Conaway; and
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff.
WHEREAS, the Monroe County Board of County Commissioners 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; and
2. There is a need for employers to provide employee housing on the site of
employment, and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that
the proposed changes are consistent with its goals.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. New Section 9.5-4 (E-2), MCC, is hereby amended to read as follows
(new language is underlined and deleted language is shown as strike thro1:lgh):
Page 2 of 4
(E-2) Emplover-owned rental housing means an attached or detached dwelling unit
owned by a firm. business. educational institution. non-governmental or governmental
agency. corporation or other entity that is intended to serve as affordable. permanent
housing for its employees. This category of employee housing shall be located on the
same parcel of land as the non-residential use.
[Renumber exiting Section 9.5-4(E-2) through (E-6) to (E-3) through (E-7)]
Section 2. Amend Section 9.5-266(a) as follows:
Section 9.5-266 (a) (6) c.
The use of the affordable or employee housing dwelling unit, is restricted for a period of
at least fifty (50) years to households that meet the requirements of paragraph (6) a. or (6)
b. above, except that the use of employer-owned rental housing is subject to the special
requirements of paragraph (6) 1. below.
Section 9.5-266 (a) (6) k.
Except for tenants of employer-owned rental housing. as set forth in paragraph (6) 1.
below. the income of eligible households shall be determined by counting only the first
and highest paid forty (40) hours of employment per week of each unrelated adult. For a
household containing adults related by marriage or a domestic partnership registered with
the county, only the highest sixty (60) hours of the combined employment hours shall be
counted, which shall be considered to be seventy-five (75) percent of the adjusted gross
income. The income of dependents regardless of age shall not be counted in calculating a
household's income.
Section 9.5-266 (a) (6) 1.
In the special case of employer-owned rental housing. as defined in Section 9.5-4.
employees shall be eligible as tenants of the affordable rental housing. if the income of
each tenant. as determined following the requirements in Section 9.5-266(a)(6)k above.
is no more than the eighty (80) percent of the median income adiusted gross income for
households within the County. The tenants of this affordable employee housing shall be
required to derive at least seventy (70) percent of their income from within Monroe
County. The maximum occupancy of employer-owned rental housing for employees shall
be no more than two tenants per bedroom: with a maximum of three (3) bedrooms per
unit. The total month! y lease charged tenants for each dwelling unit shall not exceed
thirty (30) percent of the median adjusted gross annual income for households within
Monroe County. divided by twelve (12).
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Page 3 of 4
Section 3. If any section, subsection, sentence, clause or provIsIOn of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity .
Section 4. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition, or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 6. This ordinance shall take effect immediately upon receipt of the
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
Section 7. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to the Municipal Code Corporation for incorporation into the Monroe County
Code of Ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of 2004.
Mayor Murray Nelson
Mayor Pro Tem David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
Signed this
day of
,2004
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
I~
r IlJ'Zq.()t
Oat.:
Page 4 of 4
BOCC STAFF REPORT
MEMORANDUM
TO: The Monroe County Board of County Commissioners
FROM: K. Marlene Conaway
DATE: October 20, 2004
MEETING DATE: November 17, 2004
RE: Text Amendments that will insert a definition for Employer-
Owned Rental Housing and language to establish income
eligibility requirements for use of Employer-Owned Rental
Housing
I. BACKGROUND
As more employers are trying to provide employee housing for their workforce, the
Monroe County Code (MCC) must be amended to respond to changes made in the supply
of affordable housing. Rising property values and the conversion of rental property into
transient units have created a shortage of affordable housing for low income workers.
These conditions have prompted employers to meet their employees' housing needs,
which thereby assist in maintaining a full staff and a reduction in employee turnover.
The Planning Department has received requests from large employers to propose a
separate definition for employer-owned rental housing and to establish income eligibility
requirements. The term Employer-Owned Rental Housing will distinguish it from
affordable and employee housing, which are subject to the income requirements in
sections 9.5-4 (A-5) and 9.5-266. The proposed text amendments will set up new income
eligibility requirements that will account for the cohabitation of unrelated employees that
individually qualify for employee housing but will not qualify collectively.
This text change was reviewed and recommended for APPROVAL at the Development
Review Committee public meeting of September 9, 2004.
This text change was reviewed and recommended for APPROVAL at the Planning
Commission public meeting of September 22, 2004.
II. ANALYSIS
Currently, the calculation of income eligibility is much more lenient for households
having multiple income earners related by marriage or domestic partnership, as stated in
Section 9.5-266(6)k. This situation creates a hardship for single persons seeking both
employee housing and roommates to help share the cost of housing. The proposed text
Page 1 of 3
amendments would create a more equable living situation for single adults by allowing a
situation where four employees can share a two bedroom employee housing unit.
The tenants' income will be considered individually, rather than collectively, and must
not exceed eighty (80) percent of the median income adjusted gross income for
households within the County. The tenants will also be required to derive at least seventy
(70) percent of their income from within Monroe County. The employer-owned rental
unit would meet all applicable requirements of the United State Department of Housing
and Urban Development minimum property standards as to room sizes, fIxtures,
landscaping and building materials, as stated in Section 9.5-4 (A-5).
III. FINDINGS OF FACT
1. The Commission finds that the proposed defInition and income requirements
provide employers with an opportunity to satisfy their employees need for housing.
2. The Commission finds that the proposed changes are consistent with Section 9.5-
511(d)(5)b( v) which states that the amendments are permitted in recognition of the need
for additional detail or comprehensiveness.
3. The Commission finds that the proposed changes are consistent with the goals of
the Monroe County Year 2010 Comprehensive Plan.
IV. PROPOSED TEXT
I Underlined text is new.
Section 9.5-4 (E-2) New Definition
(E-2) Emvlover-owned rental housing means an attached or detached dwelling unit
owned by a firm. business. educational institution. non-governmental or governmental
agency. corporation or other entity that is intended to serve as affordable. permanent
housing for its employees. This category of employee housing shall be located on the
same parcel of land as the non-residential use.
[Renumber exiting Section 9.5-4(E-2) through (E-6) to (E-3) through (E-7)]
Amend Section 9.5-266 (a) (6) c.
The use of the affordable or employee housing dwelling unit, is restricted for a period of
at least fifty (50) years to households that meet the requirements of paragraph (6) a or (6)
b above, except that the use of employer-owned rental housing is subject to the special
requirements of paragraph (6) 1 below.
Page 2 of 3
Amend Section 9.5-266 (a) (6) k.
Except for tenants of employer-owned rental housing. as set forth in paragraph (6) I
below. the income of eligible households shall be determined by counting only the first
and highest paid forty (40) hours of employment per week of each unrelated adult. For a
household containing adults related by marriage or a domestic partnership registered with
the county, only the highest sixty (60) hours of the combined employment hours shall be
counted, which shall be considered to be seventy-five (75) percent of the adjusted gross
income. The income of dependents regardless of age shall not be counted in calculating a
household's income.
Amend Section 9.5-266 (a) (6) l.
In the special case of employer-owned rental housing. as defined in Section 9.5-4.
employees shall be eligible as tenants of the affordable rental housing. if the income of
each tenant. as determined following the requirements in Section 9.5-266(a)(6)k above.
is no more than the eighty (80) percent of the median income adjusted gross income for
households within the County. The tenants of this affordable employee housing shall be
required to derive at least seventy (70) percent of their income from within Monroe
County. The maximum occupancy of employer-owned rental housing for employees shall
be no more than two tenants per bedroom: with a maximum of three (3) bedrooms per
unit. The total monthly lease charged tenants for each dwelling unit shall not exceed
thirty (30) percent of the median adjusted gross annual income for households within
Monroe County, divided by twelve (12).
V. RECO~ENDATIONS
Based on the Findings of Fact above, Planning Commission recommends APPROVAL
to the Board of County Commissioners of the proposed amendment to Section 9.5-4 (E-
2) and 9.5-266 of the Monroe County Code.
Page 3 of 3
PC RESOLUTION
PLANNING COMMISSION RESOLUTION NO P50-04
A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE PLANNING
DEPARTMENT FOR AN AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS SECTIONS 9.5-4 AND 9.5-266.
THIS PROPOSED AMENDMENT INCREASES OPPORTUNITIES FOR
PROVIDING HOUSING FOR THE COUNTY WORKFORCE.
WHEREAS, as more employers are trying to provide employee housing for their
workforce, the Monroe County Code (MCC) must be amended to respond to changes made in
the supply of affordable housing; and
WHEREAS, rising property values and the conversion of rental property into transient
units have created a shortage of affordable housing for low income workers. These conditions
have prompted employers to meet their employees' housing needs, which thereby assist in
maintaining a full staff and a reduction in employee turnover; and
WHEREAS, the calculation of income eligibility is much more lenient for households
having multiple income earners related by marriage or domestic partnership, as stated in Section
9.5-266(6)k. This situation creates a hardship for single persons seeking both employee housing
and roommates to help share the cost of housing; and
WHEREAS, the Planning Department has received requests, from large employers, to
propose a separate definition for employer-owned rental housing and to establish income
eligibility requirements; and
WHEREAS, the proposed text amendments will set up new income eligibility
requirements that will account for the cohabitation of unrelated employees that individually
qualify for employee housing but will not qualify collectively; and
WHEREAS, the tenants' income will be considered individually, rather than
collectively, and must not exceed eighty (80) percent of the median adjusted gross income for
households within the County. The tenants will also be required to derive at least seventy (70)
percent of their income within Monroe County; and
WHEREAS, the Monroe County Planning Commission, during a regular meeting held
on September 22, 2004, conducted a review and consideration of 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 and 9.5-266; and
WHEREAS, The Development Review Committee conducted a review and
consideration of the proposed amendments on September 9, 2004 and recommended approval to
the Monroe County Planning Commission; and
P 5 0-04
Page 1 of3
Initials
WHEREAS, The Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing;
I. Staff report prepared by Bethany Wagner, Planner, dated 8/26/04;
2. Proposed changes to the Monroe County Land Development Regulations;
3. The sworn testimony of the Growth Management Staff;
4. The advise of John Wolfe, Planning Commission Counsel;
5. 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; and
2. There is a need for employers to provide employee housing on the site of employment,
and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the
proposed changes are consistent with its goals. NOW THEREFORE;
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 and 9.5-266 as
follows:
Section 9.5-4 (E-2) New Definition
(E-2) Employer-owned rental housinR means an attached or detached dwelling unit owned by a
firm, business, educational institution, non-governmental or governmental agency, corporation or
other entity that is intended to serve as affordable, permanent housing for its employees. This
category of employee housing shall be located on the same parcel of land as the non-residential
use.
[Renumber exiting Section 9.5-4(E-2) through (E-6) to (E-3) through (E-7)]
Amend Section 9.5-266 (a) (6) c.
The use of the affordable or employee housing dwelling unit, is restricted for a period of at least
fifty (50) years to households that meet the requirements of paragraph (6) a or (6) b above,
except that the use of employer-owned rental housing is subject to the special requirements of
paragraph (6) I below.
P50-04
Page 2 of3
Initials
Amend Section 9.5-266 (a) (6) k.
Except for tenants of employer-owned rental housing, as set forth in paragraph (6) I below, the
income of eligible households shall be determined by counting only the first and highest paid
forty (40) hours of employment per week of each unrelated adult. For a household containing
adults related by marriage or a domestic partnership registered with the County, only the highest
sixty (60) hours of the combined employment hours shall be counted, which shall be considered
to be seventy-five (75) percent of the adjusted gross income. The income of dependents
regardless of age shall not be counted in calculating a household's income.
Amend Section 9.5-266 (a) (6) I.
In the special case of employer-owned rental housing, as defined in Section 9.5-4, employees
shall be eligible as tenants of the affordable rental housing, if the income of each tenant, as
determined following the requirements in Section 9.5-266(a)(6)k above, is no more than the
eighty (80) percent of the median income adjusted gross income for households within the
County. The tenants of this affordable employee housing shall be required to derive at least
seventy (70) percent of their income within Monroe County. The maximum occupancy of
employer-owned rental housing for employees shall be no more than two tenants per bedroom;
with a maximum of three (3) bedrooms per unit. The total monthly lease charged tenants for
each dwelling unit shall not exceed thirty (30) percent of the median adjusted gross annual
income for households within Monroe County, divided by twelve (12).
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at a
regular meeting held on the 22nd day of September 2004.
Chair Lynn C. Mapes
Vice Chair Denise Werling
Commissioner David C. Ritz
Commissioner Julio Margalli
Commissioner James Cameron
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
Lynn C. Mapes, Chair
Signed this _ day of
, 2004
PSO-04
Page 3 of3
Initials
DRC RESOLUTION
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D14-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE MONROE
COUNTY PLANNING COMMISSION OF AN AMENDMENT TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS THAT WILL
INSERT A DEFINITION FOR EMPLOYER-OWNED RENTAL HOUSING
AND LANDGUAGE TO ESTABLISH INCOME ELIGIBILITY
REQUIREMENTS FOR USE OF EMPLOYER-OWNED RENTAL HOUSING
IN THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY
AMENDING SECTIONS 9.5-4 AND 9.5-266.
WHEREAS, the Monroe County Development Review Committee during a regular
meeting held on September 9, 2004, conducted a review and consideration of amendments to
sections 9.5-4 and 9.5-266 of the Monroe County Land Development Regulations; and
WHEREAS, the Development Review Committee examined the following information:
1. The staff report prepared by Bethany Wagner, Planner dated 8/26/04, which includes the
proposed changes to the Land Development Regulations;
2. Comments made by the Development Review Committee; and
WHEREAS, the Development Review Committee has made the following Findings of
Fact and Conclusion of Law based on the information in the staff report:
Based on the staff report, we find that the proposed amendments are consistent with the Goals of
the Monroe County Year 2010 Comprehensive Plan and Section 9.5-51l(b) of the Land
Development Regulations.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding finding of fact
supports their decision to recommend APPROVAL to the Monroe County Planning
Commission of the amendments to the proposed text of the Monroe County Land Development
Regulations as requested by the Monroe County Planning Department as follows:
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
ORe Resolution 014-04
Page 1 of 3
Initials
.
A'r
REVISIONS TO EMPLOYEE HOUSING (AKA "WORKFORCE" HOUSING)
Section 9.5-4 (E-2) New Definition
(E-2) Employer-owned rental housinK means an attached or detached dwelling unit owned by a
firm, business, educational institution, non-governmental or governmental agency, corporation or
other entity that is intended to serve as affordable, permanent housing for its employees. This
category of employee housing shall be located on the same parcel of land as the non-residential
use.
[Renumber exiting Section 9.5-4(E-2) through (E-6) to (E-3) through (E-7)]
Amend Section 9.5-266 (a) (6) c.
The use of the affordable or employee housing dwelling unit, is restricted for a period of at least
fifty (50) years to households that meet the requirements of paragraph (6) a or (6) b above,
except that the use of employer-owned rental housing is subject to the special requirements of
paragraph (6) 1. below.
Amend Section 9.5-266 (a) (6) k.
Except for tenants of employer-owned rental housing, as set forth in paragraph (6) I below, the
income of eligible households shall be determined by counting only the first and highest paid
forty (40) hours of employment per week of each unrelated adult. For a household containing
adults related by marriage or a domestic partnership registered with the county, only the highest
sixty (60) hours of the combined employment hours shall be counted, which shall be considered
to be seventy-five (75) percent of the adjusted gross income. The income of dependents
regardless of age shall not be counted in calculating a household's income.
Amend Section 9.5-266 (a) (6) l.
(2) In the special case of employer-owned rental housing, as defined in Section 9.5-4,
employees shall be eligible as tenants of the affordable rental housing, if the income of
each tenant, as determined following the requirements in Section 9.5-266(a)(6)k above,
is no more than the eighty (80) percent of the median income adjusted gross income for
households within the County. The tenants of this affordable employee housing shall be
required to derive at least seventy (70) percent of their income from employment with the
firm, business, educational institution, non-governmental or governmental agency,
corporation or other entity owning the rental unit. The maximum occupancy of employer-
owned rental housing for employees shall be no more than two tenants per bedroom; with
a maximum of three (3) bedrooms per unit. The total monthly lease charged tenants for
each dwelling unit shall not exceed thirty (30) percent of the median adjusted gross
annual income for households within Monroe County, divided by twelve (12).
ORe Resolution 014-04
Page 2 of 3
Initials vi]
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida
at a regular meeting held on the 9th day of September 2004.
Aref Joulani, Sr. Administrator, Development Review and Design
Bethany Wagner, Planner
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by fax)
Department ofPubl~c Works (by fax)
Department of Engineering (by fax)
YES
YES
YES
YES
YES
YES
B
ENT RE'4EW COMMITTEE OF MONROE COUNTY, FLORIDA
Aref Joulani, DRC Chair
Signed this ;2.? day of (/( 10 he:' r-'
,2004.
ORe Resolution 014-04
Page 3 of 3
.
Initials vi '1
MEMORANDUM
TO:
Board of County Commissioners
Timothy J. McGarry, Direct,.AlJ/!
Growth Management Divisi~ ' (
Agenda Ite(i;i)EmplOyer Owned Rental Housing
November 16,2004
FROM:
SUBJECT:
DATE:
Attached please find a revised proposed Ordinance for the above referenced agenda item.
The revision was necessary due to minor errors on page No.4, Sections 6 and 7.
cc. Tom Willi, County Administrator
Danny Kolhage, Clerk of the Court
ORDINANCE NO. -2004
AN ORDINANCE AMENDING SECTIONS 9.5-4 AND 9.5-266
(AFFORDABLE AND EMPLOYEE HOUSING) OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS INSERTING A
DEFINITION FOR EMPLOYER-OWNED RENTAL HOUSING
AND LANDGUAGE ESTABLISHING INCOME ELIGIBILITY
REQUIREMENTS FOR THE USE OF EMPLOYER-OWNED
RENTAL HOUSING; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as more employers are trying to provide employee housing for their
workforce, the Monroe County Code (MCC) must be amended to respond to changes
made in the supply of affordable housing; and
WHEREAS, rising property values and the conversion of rental property into
transient units have created a shortage of affordable housing for low income workers.
These conditions have prompted employers to meet their employees' housing needs,
which thereby assist in maintaining a full staff and a reduction in employee turnover; and
WHEREAS, the calculation of income eligibility is much more lenient for
households having multiple income earners related by marriage or domestic partnership,
as stated in Section 9.5-266(6)k. This situation creates a hardship for single persons
seeking both employee housing and roommates to help share the cost of housing; and
WHEREAS, the Planning Department has received requests, from large
employers, to propose a separate definition for employer-owned rental housing and to
establish income eligibility requirements; and
WHEREAS, the proposed text amendments will set up new income eligibility
requirements that will account for the cohabitation of unrelated employees that
individually qualify for employee housing but will not qualify collectively; and
WHEREAS, the tenants' income will be considered individually, rather than
collectively, and must not exceed eighty (80) percent of the median adjusted gross
income for households within the County; and
WHEREAS, the Monroe County Development Review Committee during a
regular meeting held on September 9,2004, APPROVED amendments to sections 9.5-4
and 9.5-266 of the Monroe County Code; and
WHEREAS, the Monroe County Planning Commission, during a public meeting
held on September 22, 2004, conducted a review and consideration of the amendments to
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the Land Development Regulations proposed by the Planning Staff; and
WHEREAS, the Monroe County Planning Commission recommends
APPROVAL with the condition that tenants of Employer-Owned Rental Housing shall
be required to derive at least seventy (70) percent of their income from within Monroe
County; and
WHEREAS, The Monroe County Board of County Commissioners met in a
public hearing on November 17, 2004, 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 and 9.5-266; and
WHEREAS, the Commission finds that the proposed changes are consistent with
Section 9.5-511 (d)(5)b.(iv) New Issues and (v) Recognition of a need for additional detail
or comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are consistent with
the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, The Monroe County Board of County Commissioners examined the
following information:
I. Staff report prepared by K. Marlene Conaway; and
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff
WHEREAS, the Monroe County Board of County Commissioners 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; and
2. There is a need for employers to provide employee housing on the site of
employment, and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that
the proposed changes are consistent with its goals.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. New Section 9.5-4 (E-2), MCC, is hereby amended to read as follows
(new language is underlined and deleted language is shown as strik~ tffi;.Qllgh):
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E-2 Em 10 er-owned rental housin means an attached or detached dwellin unit
owned b a firm, business, educational institution, non- overnmental or overnmental
a enc , co oration or other enti that is intended to serve as affordable, ...ermanent
housing for its employees. This category of employee housing shall be located on the
same parcel of land as the non-residential use.
[Renumber exiting Section 9.5-4(E-2) through (E-6) to (E-3) through (E-7)]
Section 2. Amend Section 9.5-266(a) as follows:
Section 9.5-266 (a) (6) c.
The use of the affordable or employee housing dwelling unit, is restricted for a period of
at least fifty (50) years to households that meet the requirements of paragraph (6) a. or (6)
b. above, except that the use of employer-owned rental housing is subject to the special
requirements of paragraph (6) 1. below.
Section 9.5-266 (a) (6) k.
Exce t for tenants of em 10 er-owned rental housin , as set forth in ara ra h 6 1.
below, the income of eligible households shall be determined by counting only the first
and highest paid forty (40) hours of employment per week of each unrelated adult. For a
household containing adults related by marriage or a domestic partnership registered with
the county, only the highest sixty (60) hours of the combined employment hours shall be
counted, which shall be considered to be seventy-five (75) percent of the adjusted gross
income. The income of dependents regardless of age shall not be counted in calculating a
household's income.
Section 9.5-266 (a) (6) 1.
In the s ecial case of em 10 er-owned rental housin , as defined in Section 9.5-4,
em 10 ees shall be eli ible as tenants of the affordable rental housin , if the income of
each tenant, as determined following the requirements in Section 9.5-266(a)(6)k above,
is no more than the ei h 80 ercent of the median income ad' usted ross income for
households within the County. The tenants of this affordable employee housing shall be
re uired to derive at least seven 70 ercent of their income from within Monroe
Coun . The maximum occu anc of em 10 er-owned rental housin for em 10 ees shall
be no more than two tenants per bedroom; with a maximum of three (3) bedrooms per
unit. The total monthly lease charged tenants for each dwelling unit shall not exceed
thi 30 ercent of the median ad'usted ross annual income for households within
Monroe County, divided by twelve (12).
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Section 3. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition, or amendment
thereto, and shall be appropriately renumbered to confonn to the unifonn numbering
system of the Code.
Section 6. This ordinance shall be filed in the Office of the Secretary of the State
of Florida but shall not become effective until a notice is issued by the Florida
Department of Community Affairs or Administration Commission approving the
ordinance.
Section 7. This ordinance shall be transmitted by the Planning and Environmental
Resources Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commission"" of Monroe County,
Florida at a regular meeting held on the _ day of 2004.
Mayor Murray Nelson
Mayor Pro Tem David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
BY
Mayor Murray Nelson
Signed this
day of
, 2004
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