Item S6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 19. 2005
Division: Growth Management
Bulk Item: Yes
No~
Department: Planning and Environmental Res.
Staff Contact Person: Ronda Norman & Jerrv D. Sanders, Esq.
AGENDA ITEM WORDING:
A public hearing on an Ordinance to (i) adjust the maximum sales price for an aiIordable housing unit
based on number of bedrooms, (ii) increase the allowed maximum net density for affordable and
employee housing on land zoned Suburban Commercial from 15 to 18 units pel' acre, and (iii) allow the
exclusion of affordable and employee housing units and these units' floor area from calculations of the
maximum developable non-residential floor area allowed for a given parcel.
(Only one public hearing required)
ITEM BACKGROUND:
This is a Planning Department-sponsored amendment that follows up Workforce Housing Task Force
recommendations. The Development Review 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 Housing Task Force recommendations were conceptually approved and directions
given to staff by the BOCC on February 15, 2006, pursuant to Resolution Nos. 093-2006 and 096-
2006.
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOT AL 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 API)ROVAL:
/(",am~^~) A' ~//~~'^'< j
(~ r?/D:t;v)/;YYi ~~,/
/ ,
Ronda Norman
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE EXISTING
DEFINITION FOR MAXIMUM SALES PRICE OF AN
AFFORDABLE HOUSING UNIT (Sec. 9.5-4); AMENDING
AFFORDABLE AND EMPLOYEE HOUSING PROVISIONS (Sec.
9.5-266); PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; AMENDING AND/OR ADDING
FOR CONSISTENCY PURPOSES RELA TED PROVISIONS;
PROVIDING EFFECTIVE DATE; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES
WHEREAS, 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 therefore makes the tollowing
Findings of Fact
1. The lack of sufIicient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
2. There is limited land area suitable tor residential development remaining
in the County.
3.
County.
4. These amendments to the land development regulations 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.
There is a current unmet need of about 7,317 affordable units in the
5. The current code sets only a single sale price for an atlordable housing
unit which fails to recognize the diilering costs associated with newly developed
affordable housing units based upon the number of bedrooms they contain, thercby
providing no incentive for developers to create units of greater than thc smallest~size
units.
6. The terms "affordable housing" and "employee housing", while
differently defined in the Land Development Regulations, both require compliance with
provisions relating to affordable housing. Most "aHordable housing" in the County,
even in cases where the housing units are not formally restricted as "employee housing",
nonetheless serves as "employee housing" for persons earning their incomes from gainful
employment in Monroe County. Therefore, density incentives for both affordable and
employee housing in the SC land use district serve the County's housing needs.
7. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
8. Allowing these amendments will provide incentives for the creation of
more and diverse types of affordable housing, is a legitimate state interest and is
necessary to implement Goal 601 of the plan (e.g., Policy 60 L 1.12; Objectives 601.2 and
601.6).
9. 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.
10. 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.
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 1.
Amend Sec. 9.5-4(M-6.2) as follows:
(M-6.2) Maximum sales price, Olrner occupied afJ'ordable housing unit shall mean a price
not exceeding three and three-quarters (3.75) times the annual median household income
for Monroe County for a one (I) bedroom or eHiciency unit, four and one-quarter (4.25)
times the annual median household income for Monroe County for a two (2) bedroom
unit, and four and three-quarters (4.75) times the annual median household income for
Monroe County for a three (3) or more bedroom unit.
Section 2.
Amend Sec. 9.5-266(a)(l)b. as follows:
(a) Affi)rdable and employee housing:
(1) Notwithstanding the density limitations in section 9.5-262, the owner of a
parcel of land shall be entitled to:
b. Develop aff(wdable and employee housing as defined in section 9.5-
4(A-5) and (E-I) on parcels of land classified as Suburban Commercial
(SC) at an intensity up to a maximum net residential density of eighteen
(18) dwelling units per acre and on parcels of land classified as Urban
Residential (UR) at an intensity up to a maximum net residential density
of twenty-five (25) dwelling units per acre.
2
Section 3.
Amend Sec. 9.5-266(a)(5) to read as follows:
(a) /Uj(Jrdable and employee housing:
(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270,
when calculating density, any existing lawfully established or proposed
affordable or employee housing on a parcel and the floor area thereof shall
be excluded from the calculation of the total gross nonresidential floor
area development that may be lawfully established on the parcel, however,
the total residential density allowed on the site shall not exceed maximum
net density for affordable and employee housing.
Section 4. 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 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 5. Conflictinl! 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 6. Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Atlairs to detennine the
consistency of this ordinance with the Florida Statutes and as required by F.S. 380.0(6)
and (11).
Section 7. Filing
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 Department of Community Affairs or
Administration Commission approving the ordinance.
Section 8. 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 ef1ective date of such part
3
shall be as of the effective 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
Mavor Pro Tem Murrav 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.9JIygJlQlllanpJLi.m2~.llf!.QJ.lLh.ncI
jgK k\ve ll<?~5J!Elh.iC115Q1Jl h .l}i:I
JERRY COLEMAN, P.L.
201 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
DA TE:
April 3, 2006
MEETING DATE: April 19,2006
RE: REVISIONS TO MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SECTIONS 9.5-4 and 9.5-266 - Maximum Sales
Prices for Affordable Housing Owner-Occupied Units Based Upon
Number of Bedrooms; Increasing the Allowable Density in the Sub-
Urban Commercial Land Use District for Affordable/Employee
Housing
I. BACKGROUND
This memorandum/staff rep0l1 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 to Sections 9.5-
4 and 9.5-266 of the Monroe County Land Development Regulations will (i) adjust the
maximum sales price fix an affordable housing unit based on number of bedrooms, (i1) increase
the allowed maximum net density for atTordable and employee housing on land zoned Suburban
Commercial from 15 to ] 8 units per acre, and (iii) allow the exclusion of affordable and
employee housing units and these units' floor area from calculations of the maximum
developable lawfully established non-residential floor area allowed for a given parcel.
Adjustment to the maximum allowable sales price for aff(xdable units based upon number of
bedrooms was discussed at the Workforce Housing Task Force special workshop meetings held
with the Board of County Commissioners, on February 10, 2006, and the Planning Commission
on March 8, 2006. The Board approved the recommendation for thesc changes at its regularly
scheduled meeting in Key Largo on February IS, 2006. These changes are consistent with
similar changes being made to Section 9.5-262 in a companion proposed amcndment to the
LDRs.
II. SUMMARY
The proposed changes are as follows:
I. Adiust the maximum sales price based on number of bedrooms for owner occupied
aftordable housing:
The current code ~9.5-4 currently provides for a maximum sales price of 4.25 times the annual
median household income for Monroe County. Under the amended ordinance, the sales price tor
a two (2) bedroom unit will remain 4.25 times the annual median household income, while a
maximum sales price of 3.75 times the annual median household income will be pemlitted for a
one (1) bedroom or efIiciency unit, and a maximum sales price of 4.75 times the annual median
household income will be permitted for units with three (3) or more bedrooms.
2. Increase the number of employee housing units allowed in SC designated districts:
The current code S9.5-266(a)(l) provides a maximum net residential density of up to 15 dwelling
units per acre for land classified as Sc. The amended ordinance allows for up to 18 dwelling
units per acre for land classified as sc.
3. Allow the calculation of allowable lawfully established non-residential Hoor area on a parcel
of land to be made without reduction for lawfully established affordable and employee
housing units:
The current ordinance only allows some or all of any lawfully established nonresidential floor
area situated on a parcel of at least one acre to be excluded from the calculation of the total gross
development allowed on a parcel. This amendment will allow for the creation of affordable and
employee housing units on a given parcel without a reduction of non-residential development
that is otherwise allowed.
III. FINDINGS OF FACT
1. Staff finds that the proposed changes are consistent with Section 9.5-51 1 (d)(5)b.(i), (ii),
(iv) and (v); to "vit, "changed projections", "changed assumptions", "new issues" and
"recognition of a need tor 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. Statl finds the amendment consistent with F.A.C. Chapters 9.1-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
2
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 and 9.5-266 of the Monroe County Land Development Regulations. Workforce
Housing Task Force counsel and the County Attomey's office have reviewed the ordinance for
legal sufficiency.
"
-'
PLANNING COMMISSION RESOLUTION NO. P14-06
A RESOLUTION RECOMMENDING THAT THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS ADOPT AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS
AMENDING THE EXISTING DEFINITION FOR MAXIMUM SALES
PRICE OF AN AFFORDABLE HOUSING UNIT (Sec. 9.5-4); AMENDING
AFFORDABLE AND EMPLOYEE HOUSING PROVISIONS (Sec. 9.5-
266); AMENDING AND/OR ADDING FOR CONSISTENCY PURPOSES
RELATED PROVISIONS; PROVIDING FOR SEVF~RABILITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE
DATE; PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Monroe County Planning Commission during a public hearing
held on March 22, 2006 reviewed and considercd the proposed amendments to the Land
Development Regulations to (i) adjust the maximum sales price for an affordable housing
unit based on number of bedrooms, (ii) increase the allowed maximum net density for
affordable and employee housing on land zoned Suburban Commercial from 15 to 18
units per acre, and Wi) allow the exclusion of affordable and employee housing units and
these units' floor area from calculations of the maximum developable non-residential
floor area allowed for a given parcel, a copy of these proposed amendments being
attached hereto; and
WHEREAS, the lack of sufficient atTordable housing opportunities for the local
workforce creates serious risks to the local economy; and
WHEREAS, due to state-imposed requirements related to hurricane evacuation
standards, there are a limited number of residential building permits available on an
annual basis; and
WHEREAS, there is limited land area suitable for residential development
remaining in the County; and
WHEREAS, there is a current unmet need of about 7,317 atTordable units in the
County: and
WHEREAS, these amendments to the land development regulations 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; and
\VHEREAS, the current code sets only a single sale price for an affordable
housing unit which fails to recognize the differing costs associated with newly developed
af1imiable housing units based upon the number of bedrooms they contain, thereby
providing no incentive for developers to create units of greater than the smallest-size
P 14-06
Page I 01'4
units; and
WHEREAS, the terms "affordable housing" and "employee housing", while
difIerently defined in the Land Development Regulations, both require compliance with
provisions relating to affordable housing. Most "affordable housing" in the County also
serves as "employee housing", even in cases \vhere the housing units are not formally
restricted as "employee housing" for persons earning their incomes from gainful
employment in Monroe County. Therefore, density incentives for both affordable and
employee housing in the SC land use district serve the County's housing needs; and
WHEREAS, allowing these amendments will provide incentives tor the creation
of more and diverse types of affordable housing, is a legitimate state interest and is
necessary to implement Goal 601 of the plan (e.g., Policy 601. 1.12; Objectives 601.2 and
601.6); and
WHEREAS, during a regularly scheduled meeting held on March 7, 2006, the
Development Revicw Committee, after review and discussion with Workforce Housing
Task Force counsel, recommended approval of the proposed amendment to the Planning
Commission; and
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 March 22, 2006 in Key Largo and statT 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.
Amend Sec. 9.5-4(M-6.2) as follows:
(M-6.2) Maximum sales price. (/wner occupied affhrdable housing unit shall mean a price
not exceeding three and three-quarters (3.75) times the annual median household income
for Monroe County for a one (1) bedroom or efficiency unit, four and <me-quarter (4.25)
times the annual median household income tor Monroe County for a two (2) bedroom
unit, and four and three-quarters (4.75) times the annual median household income for
Monroe County for a three (3) or more bedroom unit
P14-06
Page 2 01'4
Section 3.
Amend Sec. 9.5~266(a)(1)b. as follows:
(a) /Vlhrdable and employee housing:
(1) Notwithstanding the density limitations in section 9.5-262, the owner of a
parcel of land shall be entitled to:
b. Develop atTordable and employee housing as defined in section 9.5-
4(A-5) and (E-l) on parcels of land classified as Suburban Commercial
(SC) at an intensity up to a maximum net residential density of eighteen
(18) dwelling units per acre and on parcels of land classified as Urban
Residential (UR) at an intensity up to a maximum net residential density
of twenty-five (25) dwelling units per acre.
Section 4.
Amend Sec. 9.5~266 (a)(5) to read as follows:
(a) Affordable and employee housing:
(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270,
any affordable or employee housing lawfully established on a parcel and
the t100r area thereof shall be excluded from the calculation of the total
gross nonresidential Hoor area development that may be lawfully
established on the parceL
Section 5. Severabilitv.
If any section, paragraph, subdivision, clause, scntence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid. such judgment
shall not ailed, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgmcnt or decree
shall be rendered.
Section 6. Conflictim! Provisions.
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 7. Effective Date.
P 14-06
Page 3 of4
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 pmi 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 22nd day of March 2006.
Chair James D. Cameron
Vice Chair Julio Margalli
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 March/April, 2006
P 14.06
Page 4 01'4