Item U6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 18.2005
Division:
Growth Management
Bulk Item: Yes_
No -K-
Department:
Planning
Staff Contact Person: K. Marlene Conawav
AGENDA ITEM WORDING:
Public hcaring to consider an Interim Development Ordinance (IDO) deferring the acceptance of applications for
redevelopment and conversion of five units or more of multi-family rental housing and/or mobile home parks within 120
days of the effective date of the Ordinance or when the comprehensive plan and land development regulations become
effective, whichever comes first. (Second of two public hearings)
ITEM BACKGROUND:
Economic pressure is increasing to convert existing affordable multi-family rental housing and mobile home parks to
diflerent housing types such as market rate town-homes and condominiums that are no longer affordable for the County
workforce. A number of owners of multi-family rental and mobile home parks are exploring such conversions, which will
further decrease the existing supply of aftordable and employee workforce housing. Conversion of existing multifamily
rental housing and mobile home parks into residential dwellings (condominiums), often in gated communities tor use as
"vacation rentals" will further reduce the availability of housing units that are currently affordable in the County. The
County finds that it is necessary to enact an Interim Development Ordinance deferring the acceptance of development
applications that seek development approval for the redevelopment and conversion of existing aftordable multi-family
rental housing and mobile home parks.
The Planning Commission at their April 13, 2005 meeting voted two to two to recommend denial of the IDO; they will
consider the ordinance again at their May 11 meeting when five members will be present At the April 13, 2005 Planning
Commission meeting, it is anticipated that the Commission will recommend action to the Board of County Commissioners.
Staff has made changes to the IDO as directed by the Board at its April 20, 2005 meeting. Additionally, County Attorney
Tyson Smith of White and Smith recommended changes to the IDO that included clarifying the IDO's subject and its
language to better define the content
PREVIOUS RELEVANT BOCC ACTION:
The Board of County Commissioners at a regular meeting on January 19, 2005, directed staff to prepare an interim
development ordinance to prevent further redevelopment and conversion of housing that is affordable for the workforce,
while staff prepares amendments to the 2010 Comprehensive Plan and the Land Development Regulations.
CONTRACT/ AGREEMENT CHANGES: Ni A
ST AFF RECOMl\lENDA nONS: Approval
TOTAL COST: N!A
BUDGETED: Yes _No Ni A
COST TO COUNTY: NiA
SOURCE OF FUNDS: Ni A
REVENUE PRODUCING: Yes: N!A No:
AMOUNT PER MONTH NiA
Year
APPROVED BY: County Attorney_X_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATlON: Included ~
DISPOSITlON:
INTERIM DEVELOPMENT ORDINANCE
DEFERMENT OF DEVELOPMENT
APPLICATIONS
FOR THE
REDEVELOPMENT AND CONVERSION
OF FIVE UNITS OR lVIORE OF
MULTI-FAMILY
RENTAL
HOUSING AND/OR l\10BILE HOME PARKS
BOARD OF COUNTY COMMISSIONERS
KEY LARGO
MAY 18, 2005
INTERIM DEVELOPMENT ORDINANCE
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AN INTERIM DEVELOPMENT
ORDINANCE DEFERRING THE ACCEPTANCE AND PROCESSING OF
DEVELOPMENT APPLICATIONS AND THE ISSUANCE OF
DEVELOPMENT APPROVALS FOR THE REDEVELOPMENT AND OR
CONVERSION OF FIVE UNITS OR MORE OF MULTI-FAMILY RENTAL
HOUSING AND/OR MOBILE HOME PARKS UNTIL LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN AMENDMENTS ARE
DRAFTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA); AND PROVIDING FOR EXPIRATION WITHIN 120 J65 DAYS OF
THE EFFECTIVE DA TE OF THE ORDINANCE OR WHEN THE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST.
RECOMMENDA TIONS
Staff: Approval
DRC: Approval
PC:
March 10, 2005
March 10,2005
May I I, 2005
Staff Report
Resolution #D -05
Resolution #p -05
DRAFT BOCC ORDINANCE
ORDINANCE NO.
2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COlJNTY
COMMISSIONERS ADOPTING AN INTERIM DEVELOPMENT
ORDINANCE DEFERRING THE ACCEPTANCE AND PROCESSING OF
DEVELOPMENT APPLICATIONS AND THE ISSUANCE OF
DEVELOPMENT APPROVALS FOR THE REDEVELOPMENT AN!) OR
CONVERSION OF FIVE UNITS OR MORE OF MUL TI-F AMIL Y RENTAL
HOUSING AND/OR MOBILE HOME PARKS UNTIL LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN AMENDMENTS ARE
DRAFTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR
TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA); AND PROVIDING FOR EXPIRATION \VITHIN 120 J@ DAYS OF
THE EFFECTIVE DATE OF THE ORDINANCE OR \VHEN THE
AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners discussed the need for and loss of
affordable housing for the County workforce at their meeting of January 19,2005; and
WHEREAS, the existing supply of employee and affordable housing is insufficient to meet
the current demand for affordable workforce housing; and
WHEREAS, the Rate of Growth Ordinance (ROGO) limits the permits for new housing
allocations in the County to maintain hurricane evacuation times; and
WHEREAS, the loss of existing affordable housing through redevelopment is impacting the
avai lable supply of such housing for the County workforce; and
WHEREAS, Objective 601.3 of the 2010 Comprehensive Plan directs the County to
implement efforts to eliminate substandard housing and to preserve, conserve and enhance the
existing housing stock; and
WHEREAS, affordable/employee housing has been identified by the Board of County
Commissioners as one of three major commitments in the Partnership Agreement with the State
approved by the Board on January 21, 2004; and
WHEREAS, multi-family rental housing and mobile home parks in the County serve a vital
role in providing affordable workforce housing for those persons who live and work in the County;
and
WHEREAS, economic pressure is increasing to convert the existing affordable multi-family
rental housing and mobile home parks to different housing types that are no longer affordable for
County workforce; and
\VHEREAS, a number of owners of this housing are exploring the possible change of use of
their propeny, which will further decrease the existing supply of affordable and employee 'cvorktorce
housing; and
\VHEREAS, conversion of existing multifamily rental housing and/or mobile home parks
into residential dwellings (condominiums), often in gated communities for use as "vacation rentals"
will further reduce the availability of housing units that are currently affordable in the County; and
WHEREAS, Chapter 380.0552 (7) F.S., "Principals for Guiding Development" requires the
County to conduct programs and regulatory activities to (;) make available adequate qfj()rdable
housingfiJr all sectors of the population of the Florida Keys; and
WHEREAS, in order to make effective the preservation of existing affordable housing while
the County prepares regulations to implement the Objective and Guiding Principle of Chapter 380
F.S., it is necessary to temporarily halt conversions and redevelopment of existing multi-family
housing and/or mobile home parks of five (5) or more units; and
WHEREAS, minor conversion and redevelopment of multi-family housing and/or mobile
home developments. as specifically exempted herein. WiIlllot significantly aggravate the countvwide
affordable housing need: and
WHEREAS, the County recognizes the need to develop comprehensive plan and land
development regulations and programs to preserve the existing stock of affordable housing and
increase the availability of affordable housing for those who live and work in the Florida Keys; and
WHEREAS, the County has committed necessary staff and resources to the development of
permanent policies and regulations to address this need within the time this ordinance is in effect;
and
WHEREAS, the utilization of the moratorium device interim development regulations as a
temporary measure to facilitate government decision making, study and adoption of comprehensive
plan and land development regulations is a legitimate governmental tool to facilitate logical and
considered growth and as a means of avoiding inefficient and ill-conceived development; and
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deterring the acceptance of development applications that seek development approval for
the redevelopment of five units or more of multi-family rental housing and/or mobile home parks so
the County can prepare policies and regulations to address the affordable housing needs of those
residents; and
WHEREAS, Chapter 125, F.S. authorizes the Board of County Commissioners to adopt
ordinances to provide standards protecting against imminent and immediate threat to the health,
safety and welfare of the citizens of Monroe County; and
WHEREAS, this Interim Development Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Section 163.3]61, et seq.,F.S., which, inter
alia, encourages the use of innovative land development regulations including interilIl provisions like
moratoria to implement the adopted comprehensive plan; and
WHEREAS, the Board of County Commissioners at a regular meeting on January 19, 2005
directed staff to prepare an ordinance deferring acceptance of applkations for redevelopment of
multi-family rental housing and/or mobile home parks, while staff prepares amendments to the 2010
Comprehensive Plan and Land Development Regulations to protect the County stock of existing
affordable housing; and
WHEREAS, following direction of the Board of County Commissioners, the Planning
Department staff immediately undertook the development of this Interim Development Ordinance
and a review of the affordable housing issues facing the County due to the conversion of certaiQ
multi-family housing and mobile home parks; and
WHEREAS, the Planning Commission has reviewed the draft Interim Development
Ordinance and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed and considered the draft
Interim Development Ordinance recommended by the Planning Commission and Planning staff.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The purpose and intent of this Interim Development Ordinance is in accordance with
the Board of County Commissioners' directive of January 19, 2005, to prepare an interim
development ordinance to prevent the redevelopmcnt and conversion of multifamily rcntal housing
and/or mobile home parks that would exacerbate the County's limited housing supply, while
permanent legislation is being prepared.
Section 2. During the time this ordinance is in effect as specified herein, there shall be a
moratorium upon the issuance of Cotmty staff will not issue building permits, acceptance of
development applications or issue ance of development orders and development permits within
unincorporated Monroe County concerning the matter of redevelopment and conversion of
multifamily rental housing and/or mobile home parks to any other use, except as provided herein.
Section 3. The following definitions apply in this ordinance:
. Conversion means a change in use as defined under Chapter 9.5, Monroe County Code.
. Mobile home park means any rcal propcrty containin~ fivc (5) or more mobile homes that is
govcrned by Chapters 513 and 723, Florida Statutes.
. Mobile home has the same definition as set forth in Sections 320.01 (a)(a), 513.0] (3) and
723.003(3), Florida Statutes.
. Multi-family rental housing means five (5) or more attached and/or detached dwelling units,
including mobile homes not in a mobile home park, on a parcel or contiguous parcels under
common ownership leased or have been available for lease of tenancies of thirty (30) days or
more within three-hundred sixty five (365) days prior to the effective date of this moratorium
ordinance.
. Redevelopment means the proposed removal, replacement or demolition of existing dwelling
units or mobile homes for the purpose of constructing on the property attached or detached
dwelling units that are built outside the footprints of existing structures and/or are built to
have a total enclosed habitable floor area greater than the existing structures.
Section 4. Subject to the conditions listed below, the following conversion and redevelopment
activities are exempt from this ordinance is~ the siting of replacement mobile homes pursuant to
Section 723.041(4), F.S. and Dil development under an approved Maior Conditional Use Pennit.
The redevelopment and conversion of multi-family rental housing and/or mobile home parks shall
only be exempt from this Ordinance if all the following conditions are met:
1. Development approval shall be pursuant to a Major Conditional Use Permit regardless of the
requirements of Chapter 9.5, Monroe County Code; and
2. At least forty (10) thirty (30) percent of the total number of dwelling units and/or mobile homes
to be redeveloped or converted shall be designated for affordable housing on site through
placement of a ninetv-nine (99) vear restrictive covenant on each unit pursuant to Section 9.5-
266( f)( I) to enforce the affordable housing provisions of Chapter 9.5, Monroe County Code and
Conditions 3 through 5 below and/or off-site pursuant to Condition 6 below; and
3. The affordable housing shall be restricted to households that do not exceed the Monroe County
adjusted median gross annual household income; and
4. The lease and occupancy of all affordable housing units shall be pursuant to the provisions of
Chapter 9.5, Monroe County Code; and
5. The maximum sale price of any affordable housing unit shall be no greater than 4.25 times the
Monroe County median gross annual household income: and
6. The off-site transfer to a sl(ecific site( s) of the ROGO exempt develol(ment rig:hts for anv of the
affordable housing, units as provided for in Section 9.5-120.4. Monroe Countv Code. must be
apvroved bv conditional use permit no later than one-hundred ei{J:htv (180) davs from the
effective date of the issuance of the first building: permit for any redevelopment and conversion
authorized bv the major conditional use approval pursuant to this Ordinance or. the ownership of
the ROGO exemot development ri{J:hts to the affordable housing: shall revert to Monroe County
for assignment to other projects.
Section 5. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. City or Clearvvater, 383 So.2d 681 (Fla. 2d DCA, 1980) the Board of County
Commissioners hereby establishes the interim development regulations set forth in this Ordinance,
which shall remain in full force and effect until the expiration of this legislation within one year one
hundred and twenty (120) days of its effective date or whenever the plan and land development
regulations become effective, whichever comes first
Section 6: Until expiration of the Interim Development Ordinanee, no building permit
application or planning approval meeting the criteria for review identified in Section 2 hereof shall
be granted pursuant to an application or request with a submittal date of March I, 2005 or later.
Section 7: Any application for a building pennit or development approval meeting the criteria
for review identified in Section 2 hereof, with a submittal date of February 28, 2005, or earlier, shall
be exempt from this Interim Development Ordinance.
Section 8: As of the effective date of this Ordinance, no application for a building permit
development approval meeting the criteria for review identified in Section 2 hereof shall be accepted
or processed by the Growth Management Division, except applications exempt there under and
development awarded a vested rights deternlination pursuant to Section ::;. 10 hereof.
Section 9: This Ordinance shall not be construed to prohibit the apphcation for or the issuance of
a building permit or development approval for any development or redevelopment that does not meet
the criteria for review identified in Section 2 hereof that is allowed pursuant to the Monroe County
Land Development Regulations and the 2010 Comprehensive Plan.
Section 10: Any property owner adversely affected by the provisions of this Interim Development
Ordinance may seek a determination that the owner's proposed development or redevelopment is
vested against the provisions of this Interim Development Ordinance, by filing with the Director of
Growth Management, together with an administrative fee in the amount of $400, a vested rights
application setting forth facts establishing the applicant met, prior to the date that this Ordinance is
adopted by the Board of Monroe County Commissioners pursuant to the vested rights standards set
forth in Section 9.5-181, Monroe County code. Such application must be filed no later than sixty
(60) days after the effective date of this ordinance.
Section 11: The County Administrator is directed to have the Growth Management Division begin
immediately preparing the draft text amendments and other supporting studies in cooperation with
the Planning Commission in order to address the needs for maintaining the stock of affordable
housing for the County workforce.
Section 12. If any section, subsection, sentence, clause, item, charge or provision of this ordinance
is held invalid, the remainder shall not be affected by such invalidity.
Section 13. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 14. The ordinance is hereby transmitted to the Florida Department of Community Affairs
pursuant to Chapter 380, Florida Statutes and the DCA is requested to review and approve it by
Immediate Final Order, in accordance with F.S.120.569(2)(n), in recognition of the great public
importance of preserving affordable housing and to prevent the threat of further loss of affordable
housing in Monroe County, as "an immediate danger to the public health, safety, or welfare."
Section 15. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving ordinance pursuant to Chapter 380, F.s.
Section 16. This ordinance shall stand repealed as of II :59 p.m. on the JM 120th day of the
effective date of the Ordinance, unless repealed sooner by the Board of County Commissioners or
upon adoption of amendments to the comprehensive plan and land development regulations for
preserving existing affordable housing.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the _ day oC ,2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David Rice
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
Deputy Clerk
Boce STAFF REPORT
May 3, 2005
TO: Board of County Commissione!
FROM: K. Marlene Conaway, Director of Planning and Environmental Resources
RE: Interim Development Ordinance-Multi-Family Rental Housing and Mobile
Home Parks
MEETING DATE: May 18, 2005
Overview
The Board of County Commissioners (BOCC) at a regular meeting on January 19, 2005 directed
Growth Management staff to prepare an ordinance deferring the redevelopment applications or
issuance of development orders and development permits within unincorporated Monroe County fo!
the redevelopment and conversion of housing that is affordable for the workforce while staff prepares
amendments to the 2010 Comprehensive Plan and the Land Development Regulations (LDRs). Any
building permit application or planning approval with a submittal date of February 28, 2005 or earlier
shall be exempt from the Interim Development Ordinance. The moratorium is to be effective for 3-(B.
120 days or until adoption of the 2010 Comprehensive Plan and LDR amendments, whichever comes
first
The Planning Commission at their April 13, 2005 meeting voted two to two to recommend denial of
the rDO; they will reconsider the ordinance again at their May 11 meeting when five members will be
present. At the May 13, 2005 Planning Commission meeting, it is anticipated that the Commission
will recommend action to the Board of County Commissioners.
The BOCC at the first of two Public Hearings on April 20, 2005, directed Growth Management staff to
make a few changes to the proposed ordinance: ]) change the expiration of the ordinance to within 120
days instead of 365 days. 2) add to Section 3 language to the definition of a mobile home park to
include "containing five (5) or more mobile homes." 3) change the exemption fyom 40 percent to 30
percent of the total number of dwelling units and/or mobile homes to be designated affordable housing
and add "on site" in Section 4; 4) add a 99 year period to the restrictive covenant; and 5) add
condition 6 to Section 4 to include language addressing transfer of development rights pursuant to
Section 9.5-120.4, Monroe County Code.
In addition, Special Growth Management Legal Counsel, Tyson Smith of White and Smith
recommended changes to the IDO to clarify language in the subject and content that better defines the
purpose and intent of the IDO. Those recommendations have been incorporated into the IDO.
Background
The Board of County Commissioners discussed the need for and loss of affordable housing for the
County workforce at their meeting of January 19, 2005. The discourse acknowledged that the existing
supply of employee and affordable housing is insufficient to meet the current demand for affordable
workforce housing. The Rate of Growth Ordinance (ROGO) limits the permits for new housing
allocations in the County to maintain hurricane evacuation times. The loss of existing affordable
housing through redevelopment is impacting the available supply of such housing for the County
workforce. Objective 601.3 of the 2010 Comprehensive Plan directs the County to implement efforts
to eliminate substandard housing and to preserve, conserve and enhance the existing housing stock.
Affordable/employee housing has been identified by the Board of County Commissioners as one of
three major commitments in the Partnership Agreement with the State approved by the Board on
January 21,2004,
Economic pressure is increasing to convert existing affordable multi-family rental housing and mobile
home parks to different housing types such as market rate town-homes and condominiums that are no
longer affordable for the County workforce. A number of owners of multi-family rental and mobile
home parks are exploring such conversions, which will further decrease the existing supply of
affordable and employee workforce housing. Conversion of existing multifamily rental housing and
mobile home parks into residential dwellings (condominiums), often in gated communities for use as
"vacation rentals" will further reduce the availability of housing units that are currently affordable in
the County. Chapter 380.0552 (7) F.S "Principals for Guiding Development" requires the County to
conduct programs and regulatory activities to (j) make available adequate affordable housing for all
sectors of the population of the Florida Keys.
In order to make effective the preservation of existing affordable housing while the County prepares
regulations to implement the Objectives and Guiding Principles of Chapter 380 F.S., it is necessary to
temporarily halt redevelopment of existing multi-family housing and mobile home parks. The County
recognizes the need to develop comprehensive plan and land development regulations and programs to
preserve the existing stock of affordable housing and increase the availability of affordable housing for
those who live and work in the Florida Keys. The County has committed necessary staff and resources
to the development of permanent policies and regulations.
The utilization of the moratorium device as a temporary measure to facilitate government decision
making, study and adoption of comprehensive plan and land development regulations is a legitimate
governmental tool to facilitate logical and considered growth and as a means of avoiding inefficient
and ill-conceived development. This proposed moratorium is to provide time for staff to finish
drafting the amendments, the Planning Commission to review the proposed changes and the public
time to consider, understand and comment on the amendments.
Until expiration of this Interim Development Ordinance, no building permit application or planning
approval for any development or redevelopment that meets the criteria as used in this ordinance, shall
be granted pursuant to an application or request with a submittal date of March 1,2005, or later. This
ordinance shall not be construed to prohibit the issuance of a building permit or planning approval for
any development or redevelopment that does not meet the criteria for review identified as
"redevelopment" or "conversion" as used in the ordinance that is allowed pursuant to the Monroe
County Land Development Regulations and the 2010 Comprehensive Plan.
Staff Recommendation
In a further review of the proposed Interim Development Ordinance, the staff raised concerns about the
impacts of new condition 6 on the affordable housing stock. The staff believes it will result in the
significant reduction of affordable housing, as the ordinance does not ensure that any units to be
transferred off-site will ever be built In all likelihood, the developer will let the allocation revert to the
County and no replacement housing will be constructed as the County has limited financial resources.
The staff believes that it would be preferable to require the developer construct the affordable housing
on site; however, if the developer decides to transfer the development rights off-site, the developer
should be required to ensure the construction of the transferred units. The optional alternative to
meeting this requirement available to the developer would be to contribute to the County's Affordable
Housing Trust Fund an in lieu fee of $50,000 per unit and to transfer the development rights to the
County for assignment to other projects. This latter choice incorporates existing code requirements in
Section 9.5-266(b) for new housing projects.
Additionally the staff believes that due to the unique situation of Stock Island as a working class
community, that receiver sites for transfer of affordable housing development rights should be limited
only to locations on Stock Island.
Therefore, the Planning Staff recommends the Monroe County Board of County Commissioners
APPROVE the attached Interim Development Ordinance deferring development applications as
presented except for the following change:
o Replace Condition 6 in Section 4 of the IDO with the following language:
"6. For proiects transferring RaGO allocations off-site pursuant to Section 9.5-
120A Monroe County Code. all affordable housing units must obtain a
certificate of occupancy before the first market rate unit is issued a certificate
of occupancy. All transfers of affordable housing development rights from
sites on Stock Island must be to receiver sites on Stock Island.
Alternatively. instead of building affordable housing units. the developer may
contribute an in-lieu fee of fifty thousand dollars ($50,000) per housing unit to
the County's affordable housing trust fund pursuant to Section 9.5-266(b),
Monroe County Code, thereby transferring ownership of the RaGa exempt
development rights to Monroe County for assignment to other affordable
housing proiects."
Growth MlInIlYP.mp.nt Diviaion
2798 Oversea.~ Hishway
Suite 400
Marathon, norida 33050
Voice: (305) 289-2500
FAX: (305) 289-25%
Board of Countv Commissioners
Mayor Dixie Spehar, Dist. 1
Mayor Pro Tem Charles "Sonny" McCoy, Pist. 3
Comnlissioner Murray E. Nelson, Dist. 5
Commissioner Geo~e Neuscnt, Dist. 2
Commissioner David r. Rice, Dist.4
MEMORANDUM
To:
From:
Monroe County Board of County Commissioners
K Marlene Conaway, Director, Planning and Environmental Resources i~/
Date:
May 13,2005
Re:
Agenda Item U-6: IDO-Affordable Housing - Updated Status since BOCC packet for
5/18/05
BOCC MEETING DATE: May 18,2005
I. BACKGROUND INFORM A TION:
Staff recommends the following changes (shown as strike-throughs and underlines) to Agenda Item U-6:
Affordable Housing Interim Development Ordinance:
· Section 4(b), which discusses exemptions, should be changed to read "...under an approved
ltIajeF Conditional Use Permit.
· Section 4, fnsert uLfl" into the existing language to read u!fl The redevelopment and
conversion. .. "
· Section 4, Condition 1, should read "...MttjfH: Conditional Use Permit..."
· Section 4, Condition 6 was added to address concerns staff had concerning the transfer of
development rights off-site and should read "The off-site transfer to a specific sifers) of the ROGO
exemTJI development rights for any of the affordable housing units as provided for in Section 9.5-
120.4. Monroe Countv Code. must be approved bv conditional use permit no later than sixty (60)
ene !umdres e~W (]8f)) days from the effective date of the issuance of the first building permit
for an)' redevelopment and conversion authorized bv the maior conditional use aporoval pursuant
to this Ordinance or. the ownership of the ROGO exemot develooment rights to the affordable
housing shall revert to Monroe County for assignment to other proiects. "
· Section 10, which discusses vested rights of a property owner should be changed to read "...a
vested rights application setting forth facts establishing the applicant met. prior to March 1. 2005
lite dale that this Ordinance is adeptcs by the Bears ef Monroe CewRty Csmmis-sieR81's pursuant
to the vested rights standards set forth... ,.
tw IDOPCChanges
lofl
5/1612005