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Item S3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting, Date: Jul I 9-20. 2006 Division: Groat th li ana sentient Bulk Item: Yes No X Department: Planninn, and Environmental Res. Staff Contact Person: T Syznroski AGENDA ITEM WORDING: A public hearing on an ordinance amending Section 9.5-122(c) of the Land Development Regulations providing; for fractional ROGO allocations for small affordable housing, units. (Only one public hearing required) ITEM BACKGROUND: These amendments were previously discussed at the Workforce (-lousing Task Force workshop meeting; with the Board of County Commissioners held on February 10, 2006 (the BOCC approved the recommendation for these changes at its regularly scheduled meeting in Key Largo on February 15, 2006) and at a Planning Commission/Workforce (-lousing Task Force joint meeting held on March 8, 2006. During a regularly scheduled meeting held on May 23, 2006, the Development Review Committee recommended approval of the proposed amendments to the Planning Commission. On June 14, 2006, during a regularly scheduled meeting the Planning Commission continued this item to the :June 28, 2006 Planning Commission meeting. During a regularly scheduled meeting; held on June 28, 2006, the Planning; Commission recommended approval of the proposed amendments to the BOCC. 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/ SOURCE OF FUNDS: REVENUE PRODUCING: Yes — No — AMOUNT PER MONTH Year APPROVED .BY: County Atty X OMB/Purchasing _Risk Management DIVISION DIRECTOR APPROVAL: -_.. _ __. - _... FS, Sys 'roski DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM 4 ORDINANCE NO. 2006 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SEC. 9.5-122(c) OF THE LAND DEVELOPMENT REGULATIONS PROVIDING FOR FRACTIONAL ROGO ALLOCATIONS FOR SMALL AFFORDABLE HOUSING UNITS; AMENDING AND/OR ADDING FOR CONSISTENCY PURPOSES RELATED PROVISIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT 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 makes the following Findings of aet: l . Monroe County and its municipalities have a mutual interest in preserving and providing affordable housing; countywide. 2. The challenge of providing affordable housing opportunities in the Florida Keys is one requiring sensible and responsive use of residential unit allocations. �. The need is real and urgent for smaller units requiring less land for building; footprints and costing less to construct and maintain, which are therefore more amenable to construction and maintenance as affordable housing for small households. 4. The number of affordable residential unit allocations is extremely limited and the current application of land development regulations which allocate a full w°hole- unit allocation to a newly constructed affordable residence without regard to the size of the dwelling unit may discourage the construction of smaller units that night otherwise be constructed were affordable unit allocations capable of being fractionalized. S. The Florida Department of Community Affairs has indicated its receptivity to land development regulation amendments which apply a fractional allocation methodology with respect to smaller units developed as qualified affordable housing in the Florida Keys. (`11.Documcntc and SCtt n >'�P zan �s-mn�rrl.(>�aI SetdngstTemporary Intanct Fifc5if)LKI 3,13'Tractional R€.ifi0 Ordirtanee v8.doc6.29!2()06 1015 AM 6. On April 10, 2006, the City of Marathon passed a similar fractional "ROGO" allocation ordinance (Ordinance 2006-05) for affordable/workforce housing units of 750 square feet or less. 7. 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. 8. 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. 9. The proposed amendment 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 OFMONROE 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-I22(c) to add subsection (5) to read as follows: (e) ,fordable housing allocation aiva ds and eligibility: (5) Applications for the construction of affordable or employee Dousing units of no greater than 750 sq. ft. of enclosed living area shall require 0.5 of an available affording housing unit permit allocation. The County may require recording; of deed restrictions limiting; future expansion of unit size, including the subsequent recordation of copies of any initial building permits issued pursuant to this section. Building permits for subsequent expansion of the living area beyond a total of 750 sq. ft. for dwelling units constructed pursuant to an allocation award granted under this provision shall not be issued except in accordance with specific authority granted under the land development regulations with reference to this provision and any applicable deed restrictions of record. Section 2. 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. 2 C`'!kDocurncnts and Settings'=.tezant>s-MAN ra�l.ncaI Scttnn,ts1 Qn1por,1ry Intcrnet NleS.OL K 1 13',Fractiontit JtOGO Ordjnnnce v8.d0 C6/29 2000 10:25 AM Section 3. 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 4. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs to determine the consistence of this ordinance with the Florida Statutes and as required by F.S. 380.05(6) and (11). Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of State of Florida but shall not becorne effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 6. Effective Date. This ordinance shall become effective as provided by law and stated above. Where Comprehensive Ilan amendments may be required in order for any part of this ordinance to be deemed consistent with the Comprehensive Ilan, 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. [TI-lF"? REMAINDER OF THIS PAGE LEFT INTENTIONA .LY BLANK] 3 I'',I t pri Tei�nt�s C3OC�C July I9?(t06Afl©rdab k-, Housing -Fractional ( ()(jO T ractinfIsl R0600rdinancc v8 A00/2W200 I0:25 AM PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2006, Mayor Charles "Sonny„ :McCoy Mayor Pro Tem Dixie Spehar Commissioner George Neugent Commissioner Glenn Patton Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Charles "Sonny'" McCoy (S EAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk VED AS TO FORM: 4 ( Al)ocunients and Seffmg,sitezanos-mayra'•,i.ocal Scrim gslTemporary luternet files\,Of,K HII'-Fractional R000 Ordinance Jerry Coleman. Esq. JER.RY COL,EMAN, P.L. Truman Annex John C. Rockwell, Esq. [I Te>tt�y) 201 Front Street, Suite 203 Building 21 second Floor Email: jct_?ti; € le �i711 Li�qffi.ne.t Key West, Florida 33040 Tel. 305-292-3095 rc c t (e c tt �e koutl� net (AdmiLled Florida find Nc�t York) � � _1 _ Fax: 305-296-6200 MEMORANDUM STAFF REPORT TO: Monroe County Board of County Commissioners FROM: .Merry Coleman DATE: July 3, 2006 MEETING DATE: July 1.9-20, 2006 RE: REVISIONS TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS, SECTION 9.5-122(c) - PROVIDING FOR FRACTIONAL ROGO ALLOCATIONS FOR SMALL AFFORDABLE HOUSING UNITS I. BACKGROUND A September 28, 2005 Task Force resolution recommended that the BOCC direct the immediate adoption of County land development regulation amendments authorizing fractional ROGO allocations for affordable housing units of limited size. This memorandum staff report addresses the proposed ordinance scheduled to be presented to the, BOCC at its regularly scheduled meeting on July 19-20, 2006 in Key West. These amendments were previously discussed at the Workforce housing "bask Force workshop meetings with the BOCC, held on February 10, 2006 (the BOCC approved the recommendation for these changes at its regularly scheduled meeting in Key Largo on February 15, 2006) and at a Planning Commission/Workforce Housing Task Force joint meeting held on March 8, 2006. The proposed ordinance was discussed and approved at the regularly scheduled Development Review Committee meeting in Marathon on May 23, 2006. On June 14, 2006_ the Planning Commission continued the; proposed ordinance to their regularly scheduled meeting in Key Largo on June 28, 2006. The Planning Commission, at their regularly scheduled meeting in Key 1-argo on June 28, 2006, discussed, slightly modified and recommended approval of the proposed amendments to the BOCC. The fractionalized ROGO ordinance would count affordable workforce housing units of less than 750 square feet in size as 0.5 of an affordable ROGO allocation instead of the current 1.0 unit allocation. The rationale for this change being, among other things, that these smaller workforce housing units are less likely to have the potential negative; evacuation impacts to the same extent that larger affordable and market -rate units might have. 11crefore, the exhaustion of a full unit allocation is not only unjustified, but is also a disincentive for development of smaller units suitable for infill projects and the more intensive and efficient use of available vacant and currently developed land in the Keys. Attached for the Commission's additional review is a copy of the City of Marathon's recently adopted fractional ROGO ordinance (Ordinance 2006-05). 11. SUMMARY 'The proposed changes are as follows: Section 1: Amend Sec. 9.5-122(c) to add subsection (5) to read as follows: (e) fbrdcable housing allocation awards and eligibility: 5 Applications for the construction of affordable or employee housin T units of no greater than 750 s . ft. of enclosed living area shall re wire 0.5 of an available affording, housing unit permit allocation. The.County rnav require recording of deed restrictions limiting.future expansion of unit size including the subse cent recordation of copies of any initial buildin ennits issued pursuant to this section. Building permits for subsequent expansion of the living area be and a total of 750 s . ft. for dwellin s units constructed pursuant to an allocation award granted under this provision shall not be issued except in. accordance with specific authority vranted. under the land development regulations with reference to this provision and any applicable deed restrictions of record. Current Code Section. 9.5-122(c) does not distinguish between affordable units based on size. Regardless of the size of an affordable unit, it now counts as a full affordable ROGO allocation. 111. FINDINGS OF FACT Staff finds 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 flan. 3. Other Keys jurisdictions are adopting similar ordinances. . Staff finds the amendments consistent with F.A.C. Chapters 93-5. Horida Statutes, Chapter 163 and 1"he Principles for Guiding; Development. IV. PROPOSED TEXT CHANGE 2 Phase see attached ordinance. V. RECOMMENDED ACTION Based on the Findings of Fact, Staff, Workforce Housing Task Force and its counsel's recommendations and the Development Review Committee, the Planning Commission recommends that the BOCC recommend APPROVAL of the proposed text changes to Section 9.5-122 of the Monroe County Land Development Regulations. 3