Item S7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 19, 2005
Division:
Growth Management
Bulk Item: Yes
No --X- Department: Planning and Environmental Res.
Staff Contact Person: Ronda Norman & Jerry D. Sanders, Esq.
AGENDA ITEM WORDING:
A public hearing on an Ordinance (i) revising Sections 9.5~4 and 9.5~266 regarding inclusionary
housing requirements; (ii) providing for regulations regarding multi~unit development and
redevelopment and mobile home conversions; and (iii) amending definitions
(Only one public hearing required)
ITEM BACKGROUND:
During a regularly scheduled meeting held on June 9, 2005, the Development Review Committee
recommended approval of the proposed amendments to the Planning Commission. These amendments
were also discussed at the Planning Commission hearings on June 22, 2005, July 13 and July 27, 2005,
September 14 and September 28,2005, October 2, 2005, December 7 and December 20,2005, January
11 and January 25, 2006, February 8 and February 22, 2006, on March 22, 2006 at the Planning
Commission meeting in Key Largo, and at a Workforce Housing Task Force meeting with the Planning
Commission held on March 8, 2006. This amendment is scheduled to be heard by the Planning
Commission at the regular public meeting scheduled for April 12, 2006 at 10 a.m. in Marathon for
consideration and recommendation to the BOCC. The Planning Commission at its March 8th meeting
recommended a deed restriction period [(Section 9.5-266(b)(5)(c)3. (page 8)] of 30 years. Staff
presents alternatives to the BOCC of 30, 50 and 99 years for consideration. Additionally, alternatives
are presented for square footage minimums [Section 9.5~266(b)(5)(c)7. (page 8)] of 700 or 750 square
feet.
PREVIOUS RELEVANT BOCC ACTION: N/A
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 --X- OMB/Purchasing _ Risk Management __,_~"""~"
DOCUMENTATION:
Included X
(c~ /? /( /;;;~';;/IWA /
'. ./ /'. ~~. ;;...r-7.t ~
Ronda Norman
Not Required_
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2006
AN ORDINANCE BY THE MONROE COUNTY HOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS TO REVISE SECTIONS 9.5-4 AND 9.5-266
REGARDING INCLUSIONARY HOUSING REQUIREMENTS;
PROVIDING FOR REGULATIONS REGARDING MULTI-UNIT
DEVELOPMENT AND REDEVELOPMENT AND MOBILE HOME
CONVERSIONS; AMENDING DEFINITIONS; AMENDING
AND/OR ADDING FOR CONSISTENCY PURPOSES RELATED
PROVISIONS; PROVIDING FOR SEVERABILITY AND REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE
DA TE; PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Monroe County Board of County Commissioners (BOCC),
during various public hearings, has reviewed and considered the proposed amendments to
the Land Development Regulations (LDRs), 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
\VHEREAS, the BaCe hereby makes the following Findings of Fact:
1. Monroe County and its municipalities have a mutual interest in preserving
and providing affordable housing countywide.
2. The residents of Monroe County commute between the municipalities and
the unincorporated areas of Monroe County for housing and employment.
3. The local economy is predominantly dedicated to the tourism industry,
which depends on the availability of a workforce that has access to aftordable and
adequate housing.
4. The lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
5. The median sales price of single-family homes countywide increased
between 145% and 192% from 2000 to 2005.
6. The median household income increased by less than 19% over this same
period of time.
7. Median gross rent countywide increased by 46% between 1990 and 2000.
8. Even moderate income households (those earning ti-om 120-160% of the
County median income) are in need of affordable housing.
9. The existing inventory of housing that is affordable to residents of the
County is at serious risk due to conversions to market rate, second home, and high-end
housing.
10. The median sales price of non-waterfront housing has increased by almost
40% since 2003.
II. Mobile homes comprise approximately 20,6% of the housing units in the
Keys.
12. The median sales price of non-waterfront mobile homes in the Keys has
increased by 30% since 2003.
13. Mobile homes represent the least expensive housing type and therefore the
housing type most available to the critical workforce and County residents at median and
moderate income levels.
14. 42% of non-waterfront mobile homes currently are valued at prices
accessible to moderate and median-income residents.
15. The implementation of this Ordinance will protect this segment of the
housing stock available to moderate and median-income residents and critical workforce.
16. The requirements set forth herein are economically feasible and require
property owners to mitigate only a portion of the impact that regulated development
activities will have on the County's affordable housing shortage, and provisions
contained in the proposed ordinances provide property owners and developers with
means and opportunities to demonstrate situations where requirements are not
economically feasible or present undo hardship.
17. The amendments proposed herein permit replacement of existing mobile
homes and preservation of permitted mobile home uses consistent with existing safety
and building code regulations.
18. The amendments set forth herein will facilitate and encourage
development that includes a range of housing opportunities through a variety of
residential types, increase affordable housing opportunities within the County, and
stimulate the provision and preservation of affordable housing within the County.
19. There is limited land area suitable for residential development remaining
in the County.
20. Due to state-imposed requirements related to hurricane evacuation
standards, there are a limited number of residential building permits available on an
annual basis.
21. Requiring certain residential development and redevelopment projects to
include an affordable housing component is a legitimate state interest and is necessary to
implement Goal 60 I of the plan (e.g., Policy 601.1.12; Objectives 601.2 and 601.6).
22. The unmitigated development of market-rate housing and conversion from
existing mobile home use would exacerbate affordable housing options for the County by
consuming the limited remaining developable lands in the Keys and the limited number
of development permits available.
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23. AU set-asides for existing mobile home developments that are otherwise
amenable to conversion from established uses is in the public interest in preserving the
County's existing affordable housing stock.
24. There is a current unmet need of about 7317 aflordable units in the
County.
25. These amendments to the land development regulations specifically
further Fla. Stat. S 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights, incentive and inclusionary housing.
26. 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.
27. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLO\VING:
Section 1.
Amend Sec. 9.5-4(A-5)(a) as follows:
a) Generally, affi)rdable housing f()r a rental dwelling unit shall mean a dwelling unit
whose monthly rent, not including utilities, does not exceed thirty (30) percent of that
amount which represents either fifty (50) (very low income) or eighty (80) (low income)
or one hundred (100) (median income) or one hundred twenty (120) (moderate income)
percent of the monthly median adjusted household income for Monroe County.
Section 2.
Amend Sec. 9.5-4(A-5)(e) as follows:
e) /Ufi)rdable rental housing, moderate income shall mean a dwelling unit whose
monthly rent, not including utilities, does not exceed thirty (30) percent of the amount
which represents one hundred twenty (120) percent of the monthly median adjusted
household income for Monroe County.
Section 3.
Amend Sec. 9.5-4(A-5)(i) as follows:
i) Ajf()rdable housing (Hvner occupied moderate income shall mean a dwelling unit
occupied only by a household whose total household income does not exceed one
hundred sixty (160) percent of the median monthly household income for Monroe
County.
Section 4.
Amend Sec. 9.5-4(A-5)(j) as follows:
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j) JVlordable housing [rust fimd shall mean a trust fund established and maintained by
the county for the purpose of preserving existing and promoting creation of new
affordable and employee housing. Funds collected for and deposited in the trust fund
shall be used exclusively for purposes of creating, preserving or maintaining affordable
and employee housing in the Florida Keys.
Section S.
Amend Sec. 9.5-4(A-S) to add (m) as follows:
m) Inclusionary housing shall mean the resulting affordable and/or employee housing
created or preserved with the development and/or redevelopment of a parcel or parcels
where provisions of approved development agreements or orders implement and promote
at10rdable and/or employee housing goals, objectives and policies contained in the Plan
by requiring set-asides for atlordable and/or employee housing units.
Section 6.
Repeal Sec. 9.5-266(b) and replace with the following:
(b) Inclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b), consistent with
Goal 60 I of the plan, is to ensure that the need for affordable housing is
not exacerbated by new residential development and redevelopment of
existing affordable housing stock. The intent of this subsection is to
protect the existing affordable housing stock, to permit owners of mobile
homes and mobile home spaces to continue established mobile home uses
consistent with current building and safety standards and regulations and
to ensure that, as residential development, redevelopment and mobile
home conversions occur, plan policies regarding affordable housing are
implemented.
(2) Applicability. Except as provided in subsection (b)(3), the inclusionary
housing requirements set forth below shall apply. Determinations
regarding the applicability of this subsection shall be made by the
planning director. For purposes of calculating the number of affordable
units required by this subsection, density bonuses shall not be counted and
only fractional requirements equal to or greater than .5 shall be rounded up
to the nearest whole number.
a. Residential developments that result in the development or redevelopment
of three (3) or more dwelling units on a parcel or contiguous parcels shall
be rcquired to develop or redevelop at least thirty (30) percent of the
residcntial units as affordable housing units. Residential development or
redevelopment of three (3) units on a parcel or contiguous parcels shall
require that one (1) developed or redeveloped unit be an affordable
housing unit For the purpose of this Section, and notwithstanding Section
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9.5-266(b)(2)b, any dwelling unit exceeding the number of lawfully
established dwelling units on site, whieh are created by either a IRE or
ROGO allocation award, shall be considered 'developed units'.
b. The removal and replacement with other types of dwelling units of ten
(10) or more mobile homes which are located on a parcel or contiguous
parcels and/or the conversion of mobile home spaces located on a parcel
or contiguous parcels into a use other than mobile homes shall be required
to include in the development or redevelopment a number of affordable
housing units equal to at least thirty (30) percent of the number of existing
units being removed and replaced or converted from mobile home use or,
in the event the new use is nonresidential, to develop affordable housing
units at least equal in number to thirty (30) percent of the number of
mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different
use of ten (10) mobile homes or mobile home spaces on a parcel or
contiguous parcels shall require that three (3) units be replaced or
converted to deed-restricted affordable housing.
c. In calculating the number of affordable housing units required for a
particular project, or phase of a project, all dwelling units proposed for
development or redevelopment or mobile homes or mobile home spaces to
be converted from mobile home use since the effective date of this
subparagraph 9.5-266(b) shall be counted. In phased projects, the
affordable housing requirements shall be proportionally allocated among
the phases. If a subsequent development or redevelopment is proposed
following a prior development approved on the same property as it existed
as of the effective date of this subparagraph 9.5-266(b), which prior
development did not meet the compliance thresholds set forth in a. or b.
above, the requirements of a. or b. shall be met as part of the subsequent
development for all units proposed for development or redevelopment
after the effective date of this subsection (b).
d. For purposes of this section, the removal, replacement or conversion of
dwelling units or mobile home or mobile home spaces on a parcel or
contiguous parcels, within a thirteen (13) month period, shall require
compliance with the affordable housing requirements set f()rth herein.
(3) Exemptions and lvaivers.
a. The f()lJowing uses shall be exempt from the inclusionary housing
requirements set fi)rth in subsection (b )(2)a.: affordable housing, employee
housing, nursing homes, or assisted care living facilities.
b. The board of county commissioners may reduce, adjust, or waive the
requirements set forth in this subsection (b) where, based on specific
5
findings of fact, the board concludes, with respect to any developer or
property owner, that:
I. strict application of the requirements would produce a result
inconsistent with the plan or the purpose and intent of this
subsection: or
2. due to the nature of the proposed residential development, the
development furthers plan policies and the purpose and intent
of this subsection through means other than strict compliance
with the requirements set forth herein; or
3. the developer or property owner demonstrates an absence of
any reasonable relationship between the impact of the proposed
residential development and requirements of this subsection
(b); or
4. the strict application with the requirements set forth herein
would improperly deprive or deny the developer or property
O\\ller of constitutional or statutory rights.
c. Any developer or property owner who believes that he or she may be
eligible for relief from the strict application of this section may petition the
board of county commissioners tor relief under this subsection (3)(b).
Any petitioner for relief hereunder shall provide evidentiary and legal
justification tor any reduction, adjustment or waiver of any requirements
under this section.
(4) Alternative compliance.
a. In-lieu fees. The developer of a project subject to the requirements of this
subparagraph 9.5-266(b) may contribute a fee in-lieu of the inclusionary
housing requirements for all or a percentage of the affordable housing
units required by subsection (b )(2). The developer shall pay per unit in-
lieu fees the current maximum sales price for a one-bedroom affordable
unit as established under section 9.5-266(a)(M-6.2). All in-lieu fees shall
be deposited into the affordable housing trust fund and spent solely f()f the
purposes allowed for that fund. The developer, along with any
corresponding in-lieu lees, shall transfer to the county ownership of the
associated ROGO-exempt development rights for any affordable unites)
required by this section f()r which the in-lieu fee option is used.
b. Land Donation. Upon the acceptance of the board of county
commissioners of a proposed onsite or off site parcel (or parcels), a
developer may satisfy the requirements of this subsection 9.5-4 (M-6.2) by
donating to the county, or other agency or not-for-profit organization
6
approved by the board, one (I) IS or URM lot for each unit required but
not provided through actual construction or in-lieu fees (or a parcel or
parcels of land zoned other than IS or URM as long as the donated
parcel(s) will support the development of an appropriate number of
affordable units). Lots or other parcels so provided shall not be subject to
environmental or other constraints that would prohibit immediate
construction of affordable housing units. The developer, along with any
corresponding donated parcd(s), shall transfer to the county ownership of
the associated ROGO allocations or ROGO-exempt development rights
for any aflordable unites) required under this section.
(5) Applicable standard~'.
a. Incentives. All incentives and bonuses provided by the land development
and other regulations for the construction of affordable housing shall be
available to builders of affordable housing provided pursuant to this
subsection (b) including, but not limited to, density and floor area ratio
bonuses, residential ROGO allocation set asides and points, and impact fee
WaIvers.
b. Developer financial responsibility.
I. If a developer does not elect to meet the requirements of (b)(2)
through alternative compliance as set forth in (b)(4), or obtain
approval for an adjustment to, a partial exemption from or a
waiver of strict compliance pursuant to (b)(3), the developer
must post a bond equivalent to 110% of the in-lieu fees that
otherwise would have been required through the in-lieu
alternative compliance option prior to the issuance of a
building permit for any market rate units. The county shall
retain any bond money or guaranties in escrow until the
atlurdable housing is completed, or fur a period of three (3)
years, whichever comes first. Upon the issuance of certificates
of occupancy for the affordable housing units, the county shall
release to the developer any bonds or guaranties relating to the
portion of the inclusionary housing requirement satisfied. If
the developer has not satisfied the requirements of this section
by completing the required affordable housing units within
three (3) years, all or the corresponding portion of the bond
funds shall be furfeited to the affordable housing trust fund.
2. If the applicant elects to pursue alternative compliance as set
furth in (b)(4), any in-lieu fees must be paid or parcel(s)
donated prior to the issuance of a building permit for any
market rate unit.
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c. Standards. Affordable housing provided pursuant to subsection (b )(2)
shall comply with the standards set forth below and applications for
development projects subject to these requirements and developers and
property owners shall provide to the county information and necessary
legal assurances to demonstrate current and continued compliance with
these provisions, consistent with the applicable enforcement mechanisms
set forth in section 9.5~266 (f), as amended or supplemented from time to
time. The county may institute any appropriate legal action necessary to
ensure compliance vvith this subsection.
1. affordable housing units required pursuant to subsection (b )(2)
are restricted to sales prices and annual rental amounts for
households that shall not exceed the adjusted gross annual
income limits for moderate~income owner~occupied or rental
housing, as defined in section 9.5~4 (A-5); and
2. affordable housing units may be sold or rented only to persons
whose total household income does not exceed the adjusted
gross annual income limits for moderate-income as defined in
section 9.5A (A-5); and
3. except as specifically provided otherwise herein, affordable
housing dwelling units are restricted for a period of at least
thirty (30) [fifty (50)] [ninety-nine (99)] years to households
that meet the requirements of 2. above; and
4. at10rdable housing units provided pursuant to subsection (b )(2)
may be provided on-site, off-site or through linkage with
another off..site project as provided in section 9.5-266 (c); and
5. except for properties designated lS-D, UR, URM or URM-L,
affordable housing units built off-site shall not be built on lands
that qualify for negative points under section 9.5~ I 22.3(a)(7),
(8) or (9); and
6. af1()rdable housing units may not be used for tourist housing or
vacation rental use; and
7. aHordable units provided pursuant to subsection (b)(2) shall
contain at least seven hundred fifty (750) [seven hundred
(700)J square feet of habitable floor area; and
8. during occupancy of any affordable housing rental unit. not
otherwise limited by state or federal statute or rule concerning
household income, a lessee household's annual income may
increase to an amount not to exceed one hundred forty (140)
8
percent of the median household income for the county, to be
annually verified. If the income of the lessee household
exceeds this amount, the occupancy shall terminate at the end
of the existing lease term. The maximum lease for any term
shall be three (3) years or thirty-six (36) months; and
9. when detennining eligibility criteria, the county shall assume
family size as indicated in the table set forth in section
266(a)(6)G) above. That table shall not be used to establish the
ma'{imum number of individuals who actually live in the unit,
but shall be used in conjunction with the eligibility
requirements created by section 9.5-4 (A-5); and
10. 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.
11. the county will not issue certificates of occupancy for market
rate units associated with development or redevelopment
projects subject to the provisions of subsection (b) unless and
until certificates of occupancy have been issued for required
affordable housing units, lot donations are complete, or in-lieu
fees have been paid as provided herein.
(7)iVfonitoring and review. The requirements of this subsection (b) shall be
monitored to ensure effective and equitable application. Every two years following the
effective date of this ordinance, the planning director shall provide to the board of county
commissioners a report describing the impact of this subsection on the provision of
affordable housing and other market or socioeconomic conditions influencing or being
int1uenced by these requirements. issues such as aftordability thresholds, inclusionary
requirements, and the impacts of these provisions on the affordable housing inventory
and housing needs in the county shall be addressed, in addition to other matters deemed
relevant by the director.
Section 7.
Amend Section 9.5-266(d) and (e) as follows:
Sec. 9.5-266. Affordable and employee housing; administration.
9
(d) Atfhrdable housing trustfund. The atlordable housing trust fund (referred to as the
"trust fund") is established. The trust fund shall be maintained with funds earmarked for
the purposes of furthering atlordable housing initiatives in municipalities and
unincorporated areas of Monroe County. Monies deposited into the trust fund shall not
be commingled with general operating funds of the county. The trust fund shall be used
only for the following:
(1) Financial aid to developers as project grants for affordable housing
construction;
(2) Financial aid to home buyers as mortgage assistance, including but not
limited to loans or grants tor down payment assistance;
(3) Financial incentives for the conversion of transient units to affordable
residential units;
(4) Direct investment in or leveraging housing affordability through site
acquisition, housing development and housing conservation; or
(5) Other affordable housing purposes as may be established by resolution of the
board of county commissioners, which shall act as trustees for the fund. The
board of county commissioners may enter into agreements or make grants relating
to the use of trust funds with or to the Monroe County Housing Authority or other
local government land or housing departments or agencies, a qualified community
housing development organization or non-profit or for-profit developer of
atlordable or employee housing, or a municipality within Monroe County.
(e) Community housing development organization. The board of county
commissioners may establish a nonprofit community housing development organization
(CHDO), pursuant to federal regulations governing such organizations, to serve as
developer of affordable housing units on county-owned property, including or located in
the municipalities of the county, upon interlocal agreement. In such event, the county
may delegate to the community housing development organization all or patiial
administration of the affordable housing trust fund.
Section 8. Severabilitv.
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
eJ1ect 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.
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Section 9. Conflicting 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 10. 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 11. Filing
This ordinance shall be filed in the Oftlce of the Secretary of 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 12. Effective Date.
This ordinance shall become effective as stated above and 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 etlective date of the required Comprehensive Plan amendment and as
otherwise required by law.
(THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the _ day of , 2006.
Mavor Charles "Sonnv" McCov
" ,,"
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
12
Jerry Coleman, Esq,
John C. Rockwell, Esq, (FL, only)
Email: j<;JJ::YS.9JQm11I1Q!~Jl:'i91ttJ111C:!
lmckw"~JJic"3t~!l~)utb,n~
JERRY COLEMAN, P.L
20 J Front Street, Suite 203
Key West, Florida 33040
(Adm itted 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 4, 2006
MEETING DATE: April 19, 2006
RE: AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULA TIONS TO REVISE SECTIONS 9.5-4 AND 9.5-266
REGARDING INCLUSIONARY HOUSING REQUIREMENTS;
PROVIDING FOR REGULATIONS REGARDING MULTI-UNIT
DEVELOPMENT AND REDEVELOPMENT AND MOBILE HOME
CONVERSIONS; AMENDING DEFINITIONS
I. BACKGROUND
This memorandum/staff report draws from the version of the above referenced amended
ordinance scheduled to be presented to the Monroe County Planning Commission at its regularly
scheduled meeting on April 12, 2006 in Marathon. The tenn "staff' as used herein means the
author. These amendments were discussed at the Development Review Committee meeting on
June 9, 2005, and at Planning Commission hearings on June 22,2005, July 13 and July 27,2005,
September 14 and September 28, 2005, October 2, 2005, December 7 and December 20, 2005,
January II and January 25, 2006, February 8 and February 22, 2006, and March 22, 2006 at the
Planning Commission meeting in Key Largo. These amendments were also discussed at a
Workforce Housing Task Force meeting with the Planning Commission held on March 8, 2006.
The Board of County Commissioners (BOCC) at a regular meeting on January 19,2005 directed
Growih Management staff to prepare an ordinance defen-ing redevelopment applications or
issuance of development orders and development permits within unincorporated Monroe County
for the redevelopment and conversion of multifamily rental housing and/or mobile home parks to
any other use, except for the siting of replacement mobile homes pursuant to Sec. 723.041(4),
Fla. Stat., while staff prepares amendments to the 2010 Comprehensive Plan and the Land
Development Regulations (LDRs). Resolution No. 320-2005 was adopted as a Zoning in
Progress on August 17,2005.
The proposed ordinance is the result of the BOCC's requests. Planning Staff previously repOlied
to the Planning Commission that, with assistance from consultants White and Smith, LLC, it had
incorporated the results of Housing Trends' in Incorporated and Unincm]Jorated A4onroe County
and further studies by James Nicholas, Professor of Urban and Regional Planning and Law at the
University of Florida, to create initial versions of the proposed ordinance. The proposed
ordinance establishes an inclusionary housing standard and amends the definition of affordable
housing trust fund (Sec. 9.5-4 (A-5)(j)).
Planning Staff has reported to the Planning Commission that, according to Housing Trends in
Incorporated and Unincorporated Alonroe County, Monroe County experienced an increase in
the sales price of single family homes from 145% to 195% between the years of 2000 to 2005.
During that same time period, median household income increased by less than 19%.
Further Planning Staff research indicated the following: Mobile homes currently represent the
least expensive housing type. In 2005, the median sales price of a non-waterfront mobile home
was $216,784. Approximately 42% of non-waterfhmt mobile homes were valued at prices
accessible to median income residents. The data indicates that the number of cost burdened
households in need of affordable housing is approximately 7,300. To put that number in
perspective, Planning Staff reported that if all 255 annual building permits were developed as
affordable housing, it would take 28 years to achieve a balance of affordable housing in the
County.
The proposed inclusionary housing standards and trust fund together will require new residential
projects and mobile home redevelopments to mitigate negative development impacts by requiring
a percentage of the redeveloped housing to remain affordable. The ordinance provides
developers and property owners, according to stated standards. with opportunities for exemptions
and waivers from strict application of the ordinance.
H. SUMMARY
1. The purpose of the inclusionary requirements is to ensure that the need for a1Tordable housing
is not exacerbated by residential development and redevelopment and conversions of multi-unit
housing, mobile home parks and mobile home spaces to new uses.
2. The ordinance proposes to amend Sec. 9.5-4(A-5) to add (m) as follows:
m) Inclusionary housing shall mean the resulting atlordabIe and/or employee housing
created or preserved with the development and/or redevelopment of a parcel or parcels
where provisions of approved development agreements or orders implement and promote
affordable and/or employee housing goals. objectives and policies contained in the Plan
by requiring set-asides for affordable and/or employee housing units.
3. Inclusionary requirements shall apply to the f61Iowing developments:
2
a. Residential development that results in the creation or redevelopment of three (3) or
more units shall be required to develop at least thirty (30) percent of the residential
units as affordable housing.
b. The conversion of ten (10) or more mobile homes into a use other than mobile homes
shall be required to retain at least thirty (30) percent of the existing units as affordable
housing Of, in the event the new use is nonresidential, to develop affordable housing
units at least equal in number to thirty (30) percent of the number of mobile homes
being converted from mobile home use.
4. The Board may reduce, adjust, or waive strict compliance with inclusionary requirements
based on particular circumstances facing a property owner or developer.
5. Alternative compliance options are also established, including in-lieu fees and an option to
donate land for each affordable housing unit otherwise required.
6. Per unit in-lieu fees shall be the current maximum sales price for a one-bedroom atTordable
unit as established under Sec. 9.5-4 (M-6.2).
7. All in-lieu fees shall be deposited into the affordable housing trust fund.
III. FINDINGS OF FACT
1. Staff tinds the amendments to be consistent with the goals, objectives, and policies of the
Monroe County Year 2010 Comprehensive Plan.
2. Particularly, Staff finds the amendments to be consistent with Objective 601.3 of the
2010 Comprehensive Plan which directs the County to implement efTorts to eliminate
substandard housing and to preserve. conserve and enhance the existing housing stock.
3. Staff finds the amendments to be consistent with Policy 601.1.12, as well as Objectives
601.2 and 601.6.
4. Staff finds the proposed amendments to be consistent with Chapter 380.0552 (7) F.S.,
"Principals for Guiding Development" which requires the County to conduct programs
and regulatory activities to (j) make available adequate qffhrdable housingfhr all sectors
(~fthe population of the Florida Keys.
5. Staff finds the amendments to be consistent with F.A.C. Chapters 9J-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
IV. PROPOSED TEXT CHANGE
Please see attached ordinance.
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v. RECOMMENDED ACTION
Based on the Findings and the recommendations of Planning Staff, Workforce Housing Task
Force counsel and the Planning Commission, staff recommends APPROVAL to the Monroe
County Board of County Commissioners of the proposed text changes to Sections 9.5~266 and
9.5~4 of the Monroe County Land Development Regulations.
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