Item S5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 19. 2005
Division: Growth Management
Bulk Item: Yes
No~
Depat1ment: Planning and Environmental Res.
Staff Contact Pcrson: Ronda Norman & Jerrv D. Sanders. Esq.
AGENDA ITEM WORDING:
A public hearing on an Ordinance to add to existing definitions to define "Dwelling Dcnsity Bonus
Unit" (Sec. 9.5-4); Amend Maximum Residential Density and District Opcn Space (Sec. 9.5-262) to
Allow for Density Bonuses for Aft()rdable and Employee Housing Units of 750 Sq. Ft. or Less; and to
Amend Required Parking (Sec. 9.5-352).
(Only one public hearing required)
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment that follows up Workforee J-Iousing Task Force
recommendations. Thc Development Revicw Committee on March 7, 2006 and the Planning
Commission on March 22, 2006 held public hearings on this matter and recommended approval of the
amendments.
PREVIOUS RELEVANT BOCC ACTION:
These Workforce IIousing Task Force recommendations were conceptually approved and directions
given to statT by the BOCC on February 15, 2006, pursuant to Resolution Nos. 093-2006 and 096-
2006.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N!A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
~ "/~. j
{ --" (W/f /OVry)U4-'" j
/ Rond~ Norman
DOCUMENTATION:
Included X
Not Required~__
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADDING TO EXISTING
DEFINITIONS (Sec. 9.5~4); AMENDING MAXIMUM
RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE (Sec. 9.5-
262) TO ALLOW FOR DENSITY BONUSES FOR AFFORDABLE
UNITS OF 750 SQ. FT. OR LESS; AMENDING REQUIRED
PARKING (Sec. 9.5-352); AMENDING AND/OR ADDING FOR
CONSISTENCY PURPOSES RELA TED PROVISIONS;
PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORA TION IN THE MONROE
COUNTY CODE OF ORDINANCES
\VHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters, and;
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
I. The lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
2. There is limited land area suitable for residential development remaining
in the County.
3. There is a current estimated unmet need of about 7,317 affordable units
the County.
4. Allowing a density bonus will allow tor the creation of more affordable
housing under the Code, is a legitimate state interest and is proper to implement Goals
101 and 601 of the plan (e.g., Objective 101.4; Policy 101.4.5; Policy 601.1.12 and
Objectives 601.2 and 601.6).
5. These amendments to the land development regulations are appropriate in
that they recognize the need for additional detail and comprehensiveness in addressing
housing needs in Monroe County, based upon, among other factors, new issues, including
accelerated conversion of existing affordable housing stock, increased housing pressures
due to housing loss caused by Hurricane Wilma, and the changed projections and
assumptions regarding resulting demographic trends.
6. These amendments to the land development regulations specifically
further Fla. Stat. ~ 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights, incentive and inclusionary housing.
7. These amendments to the land development regulations are necessary to
ensure that, despite the limited availability of developable lands, the County's existing
and future housing stock includes adequate affordable housing opportunities.
8. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 20 I 0
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA. THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section J.
Add Sec. 9.5-4(D-31)(a) as follows:
(D-31)(a) Dwelling, density bonus unit means the additional number of dwelling
half units that can be added to a site pursuant to the means as defined in Section 9.5-
262** and shall be one (1) or more rooms physically arranged to create a housekeeping
establishment for occupancy by one (1) family with separate toilet facilities. The
abbreviation "DDBU" shall mean "dwelling density bonus unit".
Section 2.
Add Sec. 9.5-4(D-31) (b) as follows:
(D-31 )(b) Dwelling, ha(l unit means deed restricted affordable housing units as
defined in MCC S 9.5-4 (A-4-5) that range in size from 400 to 750 square feet which
shall be considered one-half (.5) of a dwelling unit for the purpose of calculating density
a.<; laid out in 99.5-262**.
Section 3.
Amend chart rows of Sec. 9.5-262 and add ** row as follows:
Maximum residential density and district open space. *,
Land use district Allocated density Maximum net density Open space
DU/aere DU/buildable area ratio *
Urban Residential 6.0 12.0 0.2
(Affordable and 6.0 25.0** 0.2
Employee housing)
Suburban Commercial 3.0 6.0 0.2
(Affordable and 3.0 18.0** 0.2
Employee housing)
Mixed Use 1.0 12.0 0.2
(AfTordable and 1.0 18.0* * 0.2
Employee housing)
** For the purposes of these density calculations only, notwithstanding the definition of a
dwelling unit as defined in S9.5-4 (0-31), deed restricted affordable or employee housing
units (as defined in MCCSS9.5-(A-4-5) and (E-l), respectively), in the SC, MU and UR
2
land use districts that range in size from 400 to 750 square feet shall be considered a
dwelling ha(l unit. An equal number of additional dlvelling half uni1r:~) shall be available
for each dwelling half unit provided. The additional dwelling half units shall be defined
as dwelling density bonus uni1(.~J
Section 4.
Amend Section 9.5-352 by adding row as follows:
(c) Required Number (~l Off-Street Parking Spaces: The following is the number of
parking spaces to be provided for each use:
TABLE INSET:
Specific Use Category
Dwelling half units
Minimum Required Number of Spaces
1.0 spaces per dwelling half unit
Section 5. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be contined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 6. Conflictine: Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation, the
more restrictive shall apply.
Section 7. Transmittal
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 and as required by F.S. 380.05(6)
and (11).
Section 8. FiIine:
This ordinance shall be tiled in the Office of the Secretary of State of Florida but shall
not become etlective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
"
,)
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the etlective date of such part
shall be as of the etlective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of April, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro TemMurray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM:
County Attorney
4
Jerry Coleman, Esq.
John C. Rockwell, Esq. (FL only)
Email: j~rtl,"gJ~!mJm21@psJ!!i{)JI[llm:t
lD}ij~"l.GJJ~<;;$q)i) be I t~01illl ~ 11 et
JERRY COLEMAN, P.L.
20 I Front Street, Suite 203
Key West, Florida 33040
(Admitted Florida and New York)
Truman Annex
Building 21 Second Floor
Tel: 305-292-3095
Fax: 305-296-6200
MEMORANDUM (STAFF REPORT)
TO:
Monroe County Board of County Commissioners
FROM:
.Jerry Coleman
DATE:
April 3, 2006
MEETING DATE: April 19, 2006
RE: REVISIONS TO MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SECTIONS 9.5-4, 9.5-266 and 9.5-352 - Defining
"Dwelling Density Bonus Unit"; Providing for Density Bonuses for
Affordable and Employee Housing Units of 750 Sq. Ft. or Less;
Increasing the Allowable Density in the Sub-Urban Commercial Land
Use District for Affordable/Employee Housing; Amending Required
Parking
I. BACKGROUND
This memorandum/staff report draws from that presented along with the proposed ordinance as
presented to and approved by the Monroe County Planning Commission at its regularly
scheduled meeting on March 22, 2006 in Key Largo. The proposed amendments were also
discussed at the Workforce Housing Task Force workshop meetings with the Board of County
Commissioners, held on February 10, 2006, and the Planning Commission, on March 8, 2006.
The Board previously approved the recommendation for these changes at its regularly scheduled
meeting in Key Largo on February IS, 2006. These changes arc consistent with similar changes
being made to Section 9.5-266(a)(1)b in a companion proposed amendment to the LDRs.
The proposed amendments to Sections 9.5-4, 9.5-262 and 9.5-352 will increase the maximum
allowable net density in the Suburban Commercial (SC) district from 15 to 18 dwelling units for
affordable and employee housing. The amendments also combine the density provisions for
affordable and employee housing in 99.5-262 set forth (in chart form) in the Urban Residential
(UR) and Mixed Use (MU) land use districts into a single row.
In addition, the amendment proposes a density bonus for affordable housing units which are 400
to 750 square feet in size. Section 9.5A defines these smaller "half' units (tor density purposes)
and 9 9.5-352 reduces the parking space requirements for these units.
II. SUMMARY
The proposed changes are as tallows:
1. Increase the maximum net densitv in SC district from 15 to 18 dwellinQ units:
Current Code 99.5-262 provides tor a maximum net density of 15 units per buildable area for
employee housing and does not include affordable housing. The amendment will increase this
from 15 to 18 dwelling units for employee housing and add affordable housing at this density to
the SC district.
2. Combine affordable and emplovee housing chart rows for UR and MU districts:
The chart in current Code 99.5-262 provides separate rows for UR and MU land districts for
allocated density, maximum net density and open space ratio. The rows for affordable and
employee housing are identical. The amended ordinance combines atlordable and employee
housing in both land use districts into single rows tor each section.
3. Provide Density Bonus for Affording Housing Units 400 -- 750 sq. ft.:
For purposes of calculating allowable density in 99.5-262, the amended ordinance allows for
proposed units in the SC, MU, and UR land use districts that are 400 ~ 750 sq. n. to be counted
as dwelling half units if they arc deed restricted affordable housing. This will allow an equal
number of like-size dwelling density bonus units to be built at the same site increasing the total
number of smaller half units allowed. Dwelling density bonus units must also be deed restricted
aflordable housing.
4. Provide Definitions for Dwelling Half Units and Dwelling Densitv Bonus Units:
The ordinance provides definitions in 99.5-4 fur the 400-750 sq. it. units to be built and given as
a density bonus.
5. Reduction of Parking for Dwelling Half Units and Dwelling Density Bonus Units:
The amendment allows units proposed as dwelling half units or dwelling density bonus units to
have one (l) parking space per unit instead of one and a half (1.5) parking spaces per unit as set
forth in 99.5-352. While there is concern about adequate parking, increased parking in fact
provides incentives for more vehicles. Constrained parking, t~)r small units, especially ones
suitable for single-person households, encourages car pooling and use of alternative modes of
transportation, including public transit.
2
III. FINDINGS OF FACT
I. Staff tinds that the proposed changes are consistent with Section 9.5-511 (d)(5)b.(i), (ii),
(iv) and (v); to wit, "changed projections", "changed assumptions", "new issues" and
"recognition of a need for additional detail or comprehensiveness".
2. Staff finds the amendment consistent with the goals, objectives, and policies of the
Monroe County Year 2010 Comprehensive Plan.
3. Staff tinds the amendment consistent with F.A.C. Chapters 91-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
IV. PROPOSED TEXT CHANGE
Please see attached Ordinance.
V. RECOMMENDED ACTION
Based on the Findings of Fact, the Planning Commission, Planning Department Staff and
Workforce Housing Task Force counsel recommend APPROVAL of the proposed text changes
to Sections 9.5-4, 9.5-262 and 9.5-352 of the Monroe County Land Development Regulations.
Workforce 110using Task Force counsel and the County Attomey's office have reviewed the
ordinance for legal sufficiency.
3
PLANNING COMMISSION RESOLUTION NO. P13-06
A RESOLUTION RECOMMENDING THAT THE BOARD OF COUNTY
COMMISSIONERS ADOPT AMENDMENTS TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS ADDING OR REVISING
DEFINITIONS (Sec. 9.5-4) RELATING TO AFFORDABLE HOUSING DENSITY;
AMENDING MAXIMUM RESIDENTIAL DENSITY AND DISTRICT OPEN
SPACE (Sec. 9.5-262) TO ALLOW FOR DENSITY BONUSES FOR
AFFORDABLE UNITS OF 750 SQ. FT. OR LESS; AMENDING REQUIRED
PARKING (Sec. 9.5-352); AMENDING AND/OR ADDING FOR CONSISTENCY
PURPOSES RELATED PROVISIONS; PROVIDING FOR SEVERABILITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORATION IN TI--IE MONROE COUNTY CODE OF
ORDINANCES
WHEREAS~ the Monroe County Planning Commission during a public hearing
held on March 22, 2006 reviewed and considered a proposed amendment to the Land
Development Regulations detining "Dwelling Density Bonus Unit" providing for density
bonuses for affordable and employee housing units of 750 sq. tl. or less increasing the
allowable density in the sub-urban commercial land use district for affordable/employee
housing and amending required parking (9.5-352), a copy of the proposed amendments
being attached hereto; and
WHEREAS, the lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy; and
WHEREAS, there is limited land area suitable for residential development
remaining in the County; and
WHEREAS, allowing a density bonus will allow for the creation of more
affordable housing and is a legitimate state interest and is necessary to implement Goal
601 of the plan (e.g., Policy 601.1.12 and Objectives 601.2 and 601.6); and
WHEREAS, there is a current estimated unmet need of about 7,317 aftordable
units the County; and
WHEREAS, these amendments to the land development regulations recognize
the need tor additional detail and comprehensiveness in addressing housing needs in
Monroe County, based upon, among other factors, new issues, including accelerated
conversion of existing affordable housing stock, increased housing pressures due to
housing loss caused by Hurricane Wilma, and the changed projections and assumptions
regarding resulting demographic trends; and
WHEREAS, during a regularly scheduled meeting held on March 7, 2006, the
Development Review Committee, after review and discussion with W orkforcc Housing
Task Force counsel, recommended approval of the proposed amendment to the Planning
Commission; and
P13-06
Page I of4
WHEREAS, the Planning Commission has reviewed the proposed amendments
to the Land Development Regulations recommended by the Development Review
Committee and presented on behalf of the Workforce Housing Task Force by its counsel
at the public hearing on Mm'ch 22, 2006 in Key Largo and staff reports, and heard public
comment, if any; and
WHEREAS, the Planning Commission finds the proposed amendments are
consistent with and further the goals, objectives and policies of the Year 2010
Comprehensive Plan;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, to recommend APPROVAL to the Board of
County Commissioners of the amendments to the Land Development Regulations as
follows:
Section 1. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
Section 2.
Add Sec. 9.5-4(D-31)(a) as follows:
(D-31)(a) Drvelling. density bonus unit means the additional number of dwelling
half units that can be added to a site pursuant to the means as defined in Section 9.5-
262** and shall be one (1) or more rooms physically arranged to create a housekeeping
establishment for occupancy by one (I) family with separate toilet fadlities. 'The
abbreviation "DDBU" shall mean "dwelling density bonus unit".
Section 3.
Add Sec. 9.5-4(D-31)(b) as follows:
(0-3] )(b) Dwelling. hall unit means deed restricted affordable housing units as
defined in MCC 9 9.5-4 (A-4-5) that range in size from 400 to 750 square feet which
shall be considered one-half (.5) of a dwelling unit for the purpose of calculating density
as laid out in 99.5-262**.
Section 4.
Amend chart rows of Sec. 9.5-262 and add ** row as follows:
Maximum residential density and district open space. *,
Land use district Allocated density i\4aximum net density Open .\l)(ICe
DU/acre DU/buildable area ratio *
Urban Residential 6.0 12.0 0.2
(Aftordable and 6.0 25.0** 0.2
Employee housing)
P 13-06
Page 2 of 4
Suburban Commercial 3.0 6.0 0.2
(Affordable and 3.0 18.0** 0.2
Employee housing)
Mixed Use 1.0 12.0 0.2
(Affordable and 1.0 18,0** 0.2
Employee housing)
** For the purposes of these density calculations only, notwithstanding the definition of a
dwelling unit as defined in 99.5-4 (D-31), deed restricted affordable or employee housing
units (as defined in MCCS99.5-(A-4-5) and (E- I)), respectively), in the SC, MU and UR
land use districts that range in size from 400 to 750 square feet shall be considered a
dwelling hall unit. An equal number of additional dwelling half' unit(s) shall be available
for each dwelling half unit provided. The additional dwelling half units shall be defined
as mvelling density bonus unit(s).
Section 5.
Amend Section 9.5-352 by adding row as follows:
(c) Required Number of' Off-Street Parking Spaces: The following is the number of
parking spaces to be provided for each use:
TABLE INSET:
Specific Use Category
Dwelling half units
Minimum Required Number of Spaces
1.0 spaces per dwelling half unit
Section 6. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
etTect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 7. ConflictineProvisions.
In the case of direct conf1ict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation, the
more restrictive shall apply.
Section 8. Effective Date.
P 13-06
Page 3 of 4
This ordinance shall become effective as provided by law. Where Comprehensive Plan
amendments may be required in order for any part of this ordinance to be deemed
consistent with the Comprehensive Plan, the effective date of such part shall be as of the
effective date of the required Comprehensive Plan amendment and as otherwise required
by law.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 22ml day of March 2006.
Chair James D. Cameron
Vice Chair Julio MargalJi
Commissioner Randy Wall
Commissioner Michelle Cates Deal
Commissioner Sherry Popham
YES
ABSENT
YES
ABSENT
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
James D. Cameron, Chair
Signed this _ day of
,2006
P 13-06
Page 4 01'4