Item H4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28. 2008
Bulk Item: Yes_ No
Division: Growth Management
Department: Planning & Environmental Resource
Staff Contact Person: Andrew O. Trivette. Director
Growth Man~ement
AGENDA ITEM WORDING:
Direction is requested from the Board of County Commissioners concerning Ordinance 023-2008
pertaining to gross acreage density calculations for affordable, employee and workforce housing; which
amends the text of the Year 20 I 0 Comprehensive Plan to allow maximum net density calculations for
affordable, employee, and workforce housing to be calculated on a gross acreage basis while retaining
open space, setback and buffering requirements.
ITEM BACKGROUND:
The Department of Community Affairs rejected Ordinance 023-2008 which was submitted as part of the
2008-02 Comprehensive Plan Amendment Package on October 27,2008. The Amendment was rejected
because it allowed an increase in density within areas affected by the 1997 AICUZ and 2007 AICUZ
Update. Staff is requesting direction as to how to proceed to remedy this action by the DCA.
Currently the open space requirement is deducted from the area of a parcel before calculating density.
This amendment would use the area of the entire parcel to calculate the number of residential units
allowed. The development allowed using this type of calculation would still require applicable buffer,
setback, and open space requirements, although variances are allowed to those standards.
PREVIOUS RELEVANT COMMISSION ACTION: On October 15, 2008 the BOCC approved
Ordinance 023-2008. On May 23, 2008, the BOCC approved a transmittal of a resolution to the DCA
proposing an amendment to the 2010 Comprehensive Plan that would allow density calculations on the
basis of gross density of the parcel, instead of the net, buildable area as currently calculated.
On February 15, 2006, the Board at a regular meeting, upon motion made by Commissioner Nelson and
Seconded by Commissioner Rice, unanimously approved Resolution No. 094-2006, which among other
things resolved "that the Monroe County Planning Department present to the Monroe County Planning
Commission for public hearing at the soonest opportunity a proposed ordinance amending the County's
land development regulations and any necessary Comprehensive Plan amendments authorizing one (1)
allowable density for affordable housing projects to be calculated on a 'gross' acreage or parcel sq.
footage basis (versus, for example, calculation on a 'net' of 'open space' or other similar basis)...".
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION:
TOTAL COST: NI A
BUDGETED: Yes
No N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year_
APPROVED BY: County Attorney X OMB I Purchasing _ Risk Management_
DOCUMENTATION: Included ---1L-
DISPOSmON:
Not Required_
AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DMSION
We strive to be caring, professional andfair
From:
Susan M. Grimsley, Assistant County Attorney
To:
Board of County Commissioners
Through:
Andrew Trivette, Growth Management Director
Re:
DCA Rejection of Comprehensive Plan Amendment for Use of
Gross Density for Affordable Housing Ordinance No.. 023-2008
Meeting:
January 9, 2009
January 28, 2009
Date:
Ordinance No. 023-2008 is an adopted Comprehensive Plan amendment that
allows affordable, workforce or employee housing to be built using gross density
instead of net density as is used for other development.
Gross density is calculated using the number of dwelling units per acre. Net
density is the buildable area left after taking out required open space, which
obviously decreases the number of units. Using gross density increases the
number of units that may be built on a parcel.
The Comprehensive Plan amendment was rejected because it allowed an increase
in density within areas affected by the 1977 AICUZ and 2007 AICUZ Update.
When an adopted Comprehensive Plan amendment is found to be inconsistent by
the DCA, the amendment automatically becomes the subject of a Division of
Administrative Hearings proceeding.
Staff is requesting direction as to attempting remedial action by proceeding with
the DOAH procedures and either going to hearing or exploring settlement and a
conciliation agreement (similar to the position we are in with the Working
Waterfront amendment), or formally rescinding the amendment.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RECEIVED
JAM 1 2 II>>
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
GROWtH MRNAG6\1ENT DIVlSlON
vs.
DOCKET NO. 08-2-NOI-440l-(A)-(N)
MONROE COUNTY,
Respondent.
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PETITION OF THE
DEPARTMENT OF COMMUNITY AFFAIRS
Petitioner, Department of Community Affairs (hereinafter, uthe Department"), hereby
files this petition against the Respondent, Monroe County (hereinafter, uthe County"), and says;
1. The Department is the state land planning agency and has authority to administer
and enforce the Local Government Comprehensive Planning and Land Development Regulation
Act, Chapter 163, Part IT, Florida Statutes (2008) (hereinafter, "the Act").
2. Among the responsibilities of the Department under the Act is the duty to review
plan amendments submitted by local governments and to determine if the plan amendments are
in compliance with the Act. Section 163.3184(8)(a), Florida Statutes (2008).
3. "In compliance" means consistent with the requirements of Sections 163.3177,
163.3178, 163.3180, 163.3191, and 163.3245 Florida Statutes (2008), the State Comprehensive
Plan, the Regional Policy Plan, and Rule 91-5, Florida Administrative Code. Section
163.3184(1)(b), Florida Statutes (2008).
4. Monroe County is a local government which has the duty to adopt comprehensive
plan amendments which comply with the Act pursuant to Sections 163.3167(2), 163.3177 and
163.3184, Florida Statutes (2008).
5. On October 15,2008, the County adopted Ordinance No. 023-2008, which
adopted an amendment to its comprehensive plan.
6. The Department complied with and completed all general and specific statutory
prerequisites and conditions required by Section 163.3184, Florida Statutes (2008), and found the
Monroe County Comprehensive Plan Amendment adopted by Ordinance Nos. 023-2008 to be
not in compliance; and Amendments adopted by Ordinance Nos. 021-2008,022-2008,024-2008,
025-2008 and 026-2008 in compliance, as issued in its Statement of Intent dated December 15,
2008.
8. A copy of the Statement of Intent issued by the Department concerning the plan
amendments is attached as Exhibit A, and the Notice of Intent is attached as Exhibit B, which are
hereby incorporated by reference.
9. The plan amendment adopted by Ordinance No. 023-2008 is not in compliance
because it contains "inconsistent provisions" described in the Statement of Intent.
10. The Department has determined that the plan amendment may be brought into
compliance by accomplishing the "recommended remedial actions" described in the Statement of
Intent or by completing other remedial actions that eliminate the inconsistencies.
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WHEREFORE, the Department petitions for an administrative hearing on this matter
and requests that the hearing officer issue a recommended order to the Administrative
Commission finding the plan amendments to be not in compliance and specifYing remedial
actions to bring the plan amendments into compliance.
Respectfully submitted this -L day of JaDuary~ 2009.
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. chard E. Shine, Assistant General Counsel
Fla. Bar No. 692311
Shaw P. Stiller, General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850) 922-1683 (850) 922-2679 fax
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to
the persons listed below by U.S. Mail on this..L day of January, 2009.
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Richard E. Shine, Assistant General Counsel
Copies furnished to:
The Honorable George Neugent, Mayor
Monroe County
Board of County Commissioners
25 Ships Way
Big Pine Key, Florida 33043
Andrew Trivette
Growth Management Director
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Susan M. Grimsley, Esq.
City Attorney
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Carolyn Dekle, Executive Director
South Florida Regional Planning Council
3440 Holl}Wood Boulevard, Suite 140
Hollywood, Florida 33021
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE: MONROE COUNTY
COMPREHENSIVE PLAN AMENDMENT
ADOPTED BY ORDINACE NO. 023-2008
OCTOBER 15, 2008
Docket No. 08-2-NOI-4401-(A)-(N)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENT
NOT IN COMPLIANCE
The Florida Department of Community Affairs, pursuant to Rule 91-11.012(6), Florida
Administrative Code. hereby issues this Statement of Intent to find the Comprehensive Plan
Amendment C"Amendment") of Monroe County, adopted by Ordinance No. 023-2008 on October
15, 2008, not "in compliance" based upon the Objections, Recommendations and Comments Report
(ORC Report) issued by the Department on August 29, 2008, which is hereby incorporated by
reference. The Department finds Ordinance No. 023-2008 not '"in compliance," as defined in
Section 163.3184(l)(b), Florida Statutes, because it is not consistent with <;hapter 163, Part II,
Florida Statutes (F.S.), Rule 91-5, Florida Administrative Code (F.A.C.), and the State
Comprehensive Plan (Chapter 187, F. S.), and Chapter 380, Part I, Florida Statutes, for the
following reasons:
I. FUTURE LAND USE ELEMENT
A. Inconsistent orovisions. The inconsistent provisions of the plan amendment under this
subject heading are as follows:
1. Policy 101.4.21 is amended to allow, under the Maximum Net Density (the maximum density
allowable per buildable acre with the use of Transferable Development Rights), the use of
calculating density based upon the gross acreage or total square footage of a parcel(s) for the
development or redevelopment of parcel(s) where the residential component constitutes
aftbrdable, \\iorkforce or employee housing. The modification to this Policy is intended to
encourage the pro\ ision of affordable housing in Monroe County. The amendment to calculate
density based upon the gross acreage or total square footage of a parcel(s) will result in
increased density on properties located in noise contours CNR 2 and CNR 3 of the 1977 AICUZ
and the 65 DNL and higher noise contours of the 2007 AICUZ Update as well as the Accident
Potential Zones. The amendment package allows increases in density on lands adjacent to or
closely proximate to military installations and is incompatible with Naval Air Station Key West.
Adopted Policy 101.4.21 encourages uses that interfere with the mission of Naval Air Station
Key West.
2. The Department specifically finds that the amendment is inconsistent with the following:
Section 163.3177 (6)(a) and (9)(h), (I O)(a) and (I), F.S.; Section 380.0552(7) (a) and (h), F.S.,
Rule 9J.5.003 (23). F.A.C.; Rule 9J-5.005 (6), F.A.C.; Rule 9J-5.006 (3)(c)2, F.A.C.; and Rule
9J-5.0l 5, F.A.C.
B. Recommended Remedial Actions: The above inconsistency may be remedied by taking the
following actions:
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The County should revise Policy 101.4.21 to exclude properties located in noise contours CNR
2 and CNR 3 of the 1977 AICUZ and the 65 DNL and higher noise contours of the 2007
AICUZ Update as well as the Accident Potential Zones.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLA:\'
A. Inconsistent Drovisions. The amendment is inconsistent with the State Comprehensive Plan
goals and policies set forth in Section 187.201, Florida Statutes. including the following provisions:
I. Land Use. The amendment 1S inconsistent with the Policy set forth In Section
187.201 (I 5)(b)4, Florida Statutes.
B. Recommended remedial action. These inconsistencies may be remedied by revising the
Amendment as described above in Section I.
III. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT
A. Inconsistent Drovisions. The amendment is inconsistent with the Principles for Guiding
Development, Section 380.0552(7), Florida Statute, including the following provisions:
Principle (a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without the
continuation of the area of critical state concern designation.
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Principle (h) To protect the value, efficiency, cost-effectiveness, and amortized life of existing
and proposed major public investments, including:
I. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly o\,ned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
B. Recommended remedial action. These inconsistencies may be remedied by revising the
Amendment as described above in Section I.
CONCLUSION
1 . The Amendment is not consistent with the State Comprehensive Plan;
2. The Amendment is not consistent with Chapter 380, Part I, Florida Statutes;
3. The Amendment is not consistent with Chapter 9J-5, Florida Administrative Code;
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4. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida
Statutes;
J. The Amendment is not "in compliance," as defined in Section 163.3l84(1)(b) Florida Statutes;
and
6. In order to bring the Amendment into compliance, the County may complete the recommended
remedial actions described above or adopt other remedial actions that eliminate the
inconsistencies.
Executed this 1.0 day of December 2008, in Tallahasseet Florida.
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Charles Gauthier, AICP
Director, Division of Community Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAJRS
NOTICE OF INTENT TO FIND 11fS MONROE COUNTY
COMPREHENSIVB PLAN AMENDMENT ADOPTED BY
ORDINANCE NO. 023-2001 NOT IN COMPlJANCE
AND THE COMPREHENSIVE PLAN AMENDMENTS
ADOPTED BY ORDINANCE NOS. 021.2008,022.2001,024.2008.
025.2001 AND 026-2008
IN COMPUANCE
DOCKET NO. 0&.2.NOI-440f.(A){N)
The ~ Ii- DIltice otill iataJt 10 Jmd ... .4............... 10 the C4a1p.A....Qw PIID fer
Moaroo County,..... by 0nIiaIacl0 No. Q23.2OOI,.. 0Ilr0bar 15,2001. NOT IN COMPlJANCE,
and Amcndmcnta...... by 0rdiDInl:e NoI. 021.2001, 022.2008, 024-2008, 025.2008.... 026-2001,
.. 0cI0bar IS, 2001, IN COMPLIANCE, puI'IUllQl ro SccciaDa 163.3184, 163.3187, 163.3119, 380.m
and 380.0552, F.S.
The edoptod Maarao eo...y ~ PIa .4-'-1S1,. ... DllpIrtmaat', 0bjCCIiaas,
1t<<l(i.....-.daltoos.1DII C-, Iteport (if -.y),'" tbe ~.. ~~ ofllllllat to WId cbII
~... PIa ....'1 . 1'lII Hat In ~ will be IIYaiIIbC fer public inIpoc:lioa MondIy duuuab
Friday, except tor IcplIIoIidIya. cbiua IIOIIDII buImea IIoun, It... Maaroo Caaaty Orvwth ~
Divilioa, 2798 Over-. HiabwaY, Sui&e 400. MIntbaD, F1arid1330SO.
Ally afFoclod ........... ia SecIiaD 163.3184, '.5.. ba . .... to pIlIiIiaD tOr -1I:Imio-
iIuaaiw lariat to ~ die JlRIpOIud IpDOy ......;...a,.. dial tIIe.4.mondM 111 10 die Maaroo
County C~w'C PIID InIIIl ~l..~ . defblad ill Weoe6.oa 163.3114(1). F.S. Tbo pcIiIiaa
IIIUII be fiIod wiIbiD t~ (21) days Ifler publicatiaa otlbil aatice, . capy DIUIt be alllilod or dDtiva1ld
10 Ibc IaaII P0m...Q,4ID11I11U1l iDcIudo all aftba iDCamIItiaDlIId CIIIIIeIlII cll:laibed Us Unifarm RaIo 2&.
106.201, F.A.C. Tho pctidaa.... be filed willi tile Apcy Clark, i:)epatD-a ot~ A&in, 25'S
SbuauId 0Ik BouIovIrd. T......--.;;rn. Florida 32399.2100. FIihn 10 timaIy 010. peIItiaa...... --.tilutc.
vnU\'CI' of ay rislat 10..... .. admiaiaInIive ~ . . ~itiaa' UDdar Scll:tioDs 120.5691Dd
120.51, F.S. If. patitbI iI JDad, ... puI'pWe or... ......in~ a.riaa wiD be to pI'CICIDt cMdcncc ad
tca&imony IIDd Corwn . ~1mllIIdod <<dlI' to the [)apartmcat. If 110 potitioa iI filed, IbiI Notice otlnlcat
shan ba:amc rllllll qalC)' alIiaD.
1biI Notice or...... tbo ~....... ollldalt fer'" -"-.. fouad Not In ~ilDllO will be
fOIWIftIad by padIima ro ... DiviIiaD or ~.ye Ibriap (DOAH) oldie ~ oCMaaIpmeat
SarvicaI for die .......~ or. ~odin Ha.iDa parIUIIIllO SclcdaaII20.5691Dd 120.57, F.S. Tho
I"U'I*C mdle ~ baaiaa wiD be 10..... eYideaco IDd ~ 011 the DlIIICOInpIiacc iauaI
.J1Clglld by &be DllpIrtmw. ill ill ~ti... Jtaoo...."......UCiaas.1IId c---ar RIpClItIlld S.......OC
IDtcal Us c:wdcr 10 - .1Ill':fI_lm...... onIar for ~ to'" AdmiDistntiaD Co-iaiaa..
AfJ'ectaI pcnclIIIlIII)' plldticJo to _ ..CD: ill ciIbar ~ ....... aIMwo. A paIiticla for
iatarvcatiua lIIIIIt be 8Iod It"'" twIaty (20) days beG:n IhD fillallIIwiDa ad IIIUII iDcIudD aD of Ihc iDtor.
IDIIioG IDd ClOIItadI dDIcrihod iD Uaibm RuID 21-10005, F .AC. ""'10 SecIiaD 163.3114(10). F.S.,
110 DeW iDaa IDly be aIIapd . . .....10 8Dd . pial ____, DOt Us -.,.ti1llCl ill. pcIiIioa to iDler-
YCIf\ filed IDCft tban .., GIlD (21)'" ... pnhI~ otthilllOtice ....Ibo petili.Jao. ~.........
aoafClUle for DOt........ aew __ wiIIIia Ibo ~ GIlD (21) clay limo period. 11Ic paIiIiaa ror
iatcnadiaa ..... be filed lit OOAH, 1230 Ap-luboD hrkwIy. T.....OIUI. FIaridI 32399-3060, ad .
copy IIIIiIcd or dDIiwnd 10 die IacII ~ IDd dIo ~ Faihn 10 pllIitioa 10 iDIa ..CD: within
the allowed time bmo ~- . w.mr of ."ritbt IUCb . JlCIIIlIl ba to raquoJt. hcarias purIUIZd to
SoctionII20.S69 aad 120.57, F.S., or 10 pIfticip.te ill tho .....i...-.aiw boariaa.
After 1ft .....;..iJIrItiw Iariq pcIIitiaa. iI timdy fiIad, nwfi... ilavailablc pllnIlIDt to S.obaoctioD
163.3 I 89(3X.), F.S., 10 Illy ...... ,... who it IDIda . pIrty 10 dle prollOCICIiDa by fiIiDa that request with
1be adminiIIrIIivo law judp ....... by IhD Dmaian of AdmiaiIIrative H.iDp. Tho cboice of -dillion
sha1l DOt aJToct . pan:y'. riabt to .. adminiIIrIIivo hoariag.
aC.~:k~-Z
Dinlctar, DMaoa otC-OIIjay PIinnina
J:lrepartmcm ofCommuaity AII'ain
2SS5 SbumIrd Oak BouIevwd
TaJlahaacc. FIonda 32399.2100
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May 23. 2008
('l
ORDINANCE NO.
023 -2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CONCERNING GROSS ACREAGE DENSITY
CALCULATIONS FOR AFFORDABLE, EMPLOYEE AND WORKFORCE
HOUSING; AMENDING THE TEXT OF THE YEAR 2010 COMPREHENSIVE
PLAN TO ALLOW MAXIMUM NET DENSITY CALCULATIONS FOR
AFFORDABLE, EMPLOYEE, AND WORKFORCE HOUSING TO BE
CALCULATED ON A GROSS ACREAGE BASIS WHILE RETAINING OPEN
SPACE, SETBACK AND BUFFERING REQUIREMENTS; PROVIDING FOR
SEVERABILITY AND THE REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR THE TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, the Monroe County Board of County Commissioners (the "Board")
has considered the comments of the public, recommendations of the Planning Commission,
County staff and the Workforce Housing Task Force and its counsel, the Board's direct
responsibility to the act diligently to provide affordable housing opportunities pursuant to
the authority and power granted to it by the Legislature in s. 125.01055, F.S.; and
WHEREAS, the Board makes the following Findings of Fact and cites the
following technical data and analysis from the Monroe County Year 2010 Comprehensive
Plan ("Comp Plan") as support for proposed amendment to the Comp Plan as proposed
herein:
1. The Monroe County Year 2010 Comprehensive Plan
Technical Document Housing Element 7.0 (p. 7-24) projected the number of
housing units needed for resident households of Monroe County by 2002
according to various income groups as 7,093 dwelling units for "Very Low"
income households, 5,320 dwelling units for "Low" income households, and
an additional 5,528 dwelling units needed for "Moderate" income
households; and
2. The Monroe County Year 2010 Comprehensive Plan
Technical Document Housing Element 7.0 (p. 7-33) also states that the
"public sector can provide for a variety of densities which can increase the
flexibility of the private sector to provide affordable housing in more
situations"; and
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3. The Monroe County Year 2010 Comprehensive Plan
Technical Docwnent Housing Element 7.0 (p. 7-32) also states that "[cJurrent
conditions and projected demands in Monroe County make it appropriate to
explore innovative means such as planned unit developments and cluster
construction configuration to maximize utilization of scarce land resources in
Monroe County"; and
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4. The Board at a regular meeting held on FeblllaJy IS, 2006,
upon motion made by Commissioner Nelson and Seconded by Commissioner
Rice, unanimOUSly approved Resolution No. 094-2006, which among nther
things resnlved '"that the Monroe County Planning ~ present to the
Monroe County Planning COmmissiClQ for public hearing at the soonest
opportunity a Proposed ordinance amending the County's land development
regulations and any necessary Comprehensive Plan amendments authOrizing
(I) allowable density for affordable housing projects to be calculated on a
'gross' acreage or parcel sq. footage basis (versus, for example, calCulation
on a 'net' of"open space>' or other Similar basis) .... >'; and
5. The Monroe County, Florida, A1li>rdable HOUSing Needs
As.....,en~ authored by The Metropolitan Center at Florida InIematiOnal
University (2007), Provides additiOnal recent data and analysis corroborating
the infonnatiClQ set fOIth in the Monroe County Y.... 2010 Comprehensive
Plan TechniCal Docuraent Housing EI.....t7.0 and SUPPOrting the proPOsed
comprehensive plan amendment (a COpy of the Assessment is being Provided
to the Department of Community A1fairs with the submittal of this proJlOSed
amendment).
WHEREAs, the Monroe County Y.... 2010 ComPTehensive Plan Technical
Docuraent Housing Element 7.0 confinns that '{lland prices in Monroe County ~t a
bi8her proJlOrtion of total development Costs than in any other j>lIJt of Florida" (p. 7-33); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 also states that '{llOCal ordinances should be adoPted which
ease land development requirem.... and COl1struction regulations to redUCe the COst of
affordable bousing development" and that '[dlensity relllXation" should be included as an
incentive to provide for affordable hOUSing projects (p. 7-29); and
WHEREAS, the Monroe County Y.... 2010 Comprehensive Plan Technical
Docuraent HOUSing Element 7.0 directs cousidezarion of hOUSing strategy guidelines,
including providing "[a) variety of residential densities" in order "to encourage the private
sector to construct a variety of housing unit types'> (p. 1-36); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 6OJ./.12
dir.... the County to "adopt Land Development Regulations which may include density
bonuses, impact fec waiver program.. and other possible regulations to encourage affordable
hOusing>>; and
WHEREAS, the Monroe County Y.... 2010 ComprehenSive Plan Objective 601.2
directs the County to "adopt programs and policies to encODrnge hoUSing of various types,
sizes and price ranges to meet the demands of current and future residents"; and
WHEREAS, the Monroe County Y.... 2010 Comprehensive Plan Objective 601.6
directs the County to "formulate hoUSing implementation progTams corresPOnding to each of
the specific objectives defined within this elemen~ inclnding "incentive programs, to be
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implemented in conjWlction \\;th the Pennit Allocation System, to promote the development
of affordable and elderly housing'.; and
fact:
WHEREAS, the Board of County Commissioners makes the following findings of
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I. A lack of sufficient affordable housing opportunities for the
local workforce creates serious risks to the local economy. Moreover,
increasingly burdensome housing costs and short supply places undue
pressure on elderly, working poor and disabled persons.
2. There is limited land area suitable for residential development
remaining in the County.
3. There is an ongoing dramatic exodus of working families and
other community members from our COWlty with a corresponding decrease in
population and the transfonnation of tra4itionaJly available housing stock
into seasonal second homes making these dwelling units no longer available
for rental by present and future full-time local residents.
4. Permitting the calculation of the maximum nwnber affordable,
employee and workforce housing units based upon gross acreage or the total
square footage of a given parcel or group of parcels will likely lead to the
creation of more affordable housing.
5. This proposed amendment to Policy 101.4.21 will complement
the 2010 Comprehensive Plan's existing housing provisions by providing
incentives for private and public sector housing creation and/or preservation
by maximizing housing uses of appropriate sites.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The following language is adopted as an amendment to the Monroe
County Year 2010 Comprehensive Plan to replace in its entirety the current Policy 101.4.21,
except that the table labeled "Future Land Use Densities and Intensities" that is now part of
Policy 101.4.21 shall not be changed by this amendment:
Policy 101....21
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Monroe COWlty hereby adopts the following density and intensity standards
for the future land use categories, which are shown on the Future Land Use
Map and described in Policies 101.4.1 - 101.4.17. However, the Maximum
Net Density for development or redevelopment parcels where the residential
component constitutes affordable, workforce or employee housing, as such
housing may be defined by any local, state or federal law or regulation, shall
be calculated based upon the gross acreage or total square footage ofparcel(s)
developed or redeveloped into such housing uses.
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Section 2. If any section, subsection. sentence, clause, item, change. or provision
of this ordinance is held invalid, the remainder of this ordinance shall not affected by such
validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be transmitted to the Secretary of State and by the
Planning Department to the Department of Community Affairs pursuant to Chapter 163,
Florida Statutes.
Section 5.
This ordinance shall become effective as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 15th day of October, A.D., 2008.
Mayor Mario Oi Gennaro Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy No
Commissioner George Neugent No
Commissioner Dixie Spehar Yes
BOARD OF COUNTY COMMISSIONERS
OFMONROECOUNT~FLOmDA
BY
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Mario Di Gennaro, Mayor
~.~ .. . ..._.~';..(' > .y L. KOLHAGE, CLERK
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APPROVED AS TO FORM:
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Boec TRANSMITTAL RESOLUTION
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RESOLIITION NO.
''SG -2181
A RESOLU'nON BY TIlE MONROE COUNTY BOARD OF COVNTV
COMMISSIONERS TRANSMItTING TO Till DEPARTMENT OF
COMMUNITY AFFAIRS AN ORDINANCE AMENDING MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN pOUcn:S GOVERNING MAXIMUM
DENSlTD:S.OR AJITORDABLE AND WORDORCE HOUSING
~ the Board of County Commissioners held a public hariaa on May 23, 2008t
for the purposes of eonsiderin& the tnmsmiU:al to the Florida Oepartmeat of Commuaity ~
for review and comment, a proposed 8IJlI!'IDdment to the Monroe County Year 2010 Comprehenme
Plan; and
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~ the 808Id of County Commissionas mates the followiq fiDdiqp offact
1. The P~-n-, CommissiOD held a public heariua on 111l'*)' , 2008.
and made recommeodatiODS to the Monroe County Boerd of CoUDty
Commissioners repnlina the ordinaDce subject to transmittal to 1he Florida
Department ofCommuoity Aft'airs.
2. The proposed ordbumce adopdns cb8nges to 1be Monroe County Yell'
2010 Comprehensive PIm will promote 1be Countyts eft'orts to provide aftbrdable
and workforce bousina for aU residents of tile Florida Keys.
NOW BE IT RESOLVED BY TIlE BOARD or COUNTY COMMISSIONERS or
MONROE COONTY, J'LORlDA:
SedIoa 1. The Board of County Commissiooen does hereby adopt the
recolDllteDdation of the PIauniog Commission to amend the MODroe County Year 2010
Compeheosive PlIlL
s.aioa 2. The Board of Co1mty Commissioners does hereby transmit the proposed
ameDdment to the Florida Oepartmeat of Community Aff8irs for review and comment in
accord8nce with the provisions of Sections 163.3184 and 380.0SS~ Florida Statutes.
SedIaa 3. The Momoe County staff is given the authority to prepare and submit the
required transmiaalletter and supporting clocumeDts for the proposed am.eDdmeat in accordance
with the requimDen.t of 91-1 1.0006 oftbe Florida Admiaistrative Code.
Sedioa 4. The Clerk of the Board is hereby diJected to forward a copy of this
resolution to the Directm of PJanni"l and Environmema1 Resources.
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PASSED AND ADOPTED by the Board ofCoUDty Commissioners of Monroe County,
Florida, at a reauJar meetioa held on the 23rd day of May, A.D., 2008.
Mayor MIrio DiGcDD8ro Yea
Mayor Pro Tem Charles "Sonny" McCoy Yea
Commissioner Sylvia Murphy ~o
CommissioncrGeorge Neupnt No
CommiRioAcr Dixie SpeJm Yea
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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~O DIGENNARO. MAYOR.
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ATI'EST: DANNY L. KOLHAG~ CLERK
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DEPUlY CLERK
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APPROVED AS TO FORM:
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STAFF MEMO
TO: Monroe County Board of County Commissioners
FROM: Lisa T_)'SOD. AffimIab1e HousiDs ~
THROUeH: Regie p~ Division Director of Housing and Commuoity Development
DATE: May 9.2008
SUlUECf: Comprehensive Plan Amendment Transmittal Meeting: Proposed Gross Density
Text Amendment
MEETING DATE:
May 23.2008
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1. SDI__ry
This proposed text amendment will simplify density calculations for parcels to be developed or
redeveloped as affordable. workforce or employee housing. With this amc:odmeot. maximum
allowable density shall be calculated on the gross acreage or total square footage of a percel.
without first subtracting the land area required for open space, setbacks and buffer areas. This
amendment does not preclude the requirements for open space. sctbacla, and buffer areas; they
will still apply.
The proposed amendment will permit a modest increase in the number of affordable housing
units that can be built on a patee4 helping us to address O\U' housing needs, incentivizing
affordable development and enhancing its financial feasibility. and in the case of county-owned
parcels for affordable housing development, maximizing the COlDlty"S significant investmeot
2. Baek&round
In February 2006, BOCC adopted Resolution 094-2006 directing this change in density
calculation for affordable/workforce housing development In November 2007. the Development
Review Committee heard and approved the proposed ordilUlDCe. In January 2008. the Planning
Commission heard and approved the proposed ordinance.
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On February 20, 2008. the BOCC heard this proposed ordinance. Much discussion related to
the language in the proposed ordinance that specifically indiQted. that projects inCOlpOrating a
gross acreage calculation may also be entitled to seek. variances and to ensure an understanding
that a project with a gross acreage calculation did not necessarily preclude that project from also
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asking for a variance. Growth Managemeot Division Director submitted that the language was not
necessary, that such projects would not necessarily be precluded from applying for variances, and
proposed deleting the variance languaae from the proposed text.
The modified ordinance was then approved by the DOCe, and is the version presented for the
May 23, 2008 transmittal meeting.
3. StaffReeommendadon
Approval.
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