Item S17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2008
Division: Growth Management and Housing and
Community Development
Bulk Item: Yes
No -L-
Department:
Staff Contact Person: Lisa Tennyson/292-4462
AGENDA ITEM WORDING:
A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending
the Land Development Regulations by adding Section 9.5-266.1 "Affordable Housing Incentive Program;"
providing a program dealing with mobile homes.
ITEM BACKGROUND:
The amendment proposed here is akin to the Mobile Home Protection Ordinance that was approved and
adopted by the BOCC in January 2008, with the exception that it has been revised to expressly limit receiver
sites to Tier III and to areas not located within Velocity zones to comply with DCA's obj ections.
PREVIOUS RELEVANT BOCC ACTION:
December 19, 2007 and January 16, 2008, the BOCC held two public hearings and at the January meeting,
approved and adopted the original version of this Mobile Home Protection Ordinance, 02-2008.
On April 30, 2008, the Department of Community Affairs issued its Final Order rejecting Ordinance 02-2008
because it failed to expressly limit receiver sites to Tier III and to areas not located within a Velocity Zone.
Staff made the necessary revisions to clarify the requirements for eligible receiver sites in order to comply with
DCA's objections.
On June 25,2008, the Monroe County Planning Commission heard and recommended approval of the proposed
text amendment.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOT AL COST: NI A
BUDGETED: Yes
No
COST TO COUNTY:
NIA
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty 2L OMB/Purchasing _ Risk Management
DOCUMENT A TION:
Included -2L Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional andfair
To: Monroe County Board of County Commissioners
From: Townsley Schwab, Acting Director of Planning and ~
Environmental Resources
Date: August 4, 2008
RE: Planning Commission Meeting June 25, 2008
Please be advised that the Planning Commission at its June 25, 2008 meeting voted
unanimously 5-0 to approve their Resolution No. P36-08 amending Monroe County Code
Section 9.5-266.1 to provide a program dealing with mobile homes.
I ~
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Page I
ORDINANCE NO.
- 2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN AMENDMENT TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADDING SECTION 9.5-266.1 "AFFORDABLE
HOUSING INCENTIVE PROGRAM"; PROVIDING A PROGRAM
DEALING WITH MOBILE HOMES; PROVIDING FOR
SEVERABILITY AND REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANS MITT AL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; 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, on July 18, 2007 the Board of County Commissioners (BOCC)
adopted a temporary moratorium on the acceptance of development applications for the
redevelopment of mobile home parks, commencing retroactively to when a zoning in
progress was initiated by the BOCC on May 16, 2007 and which expired six months later
on November 16,2007; and
WHEREAS, the BOCC gave direction to the Workforce Housing Task Force and
the Department of Planning and Environmental Resources to examine the existing land
development regulations regarding the protection of mobile homes from displacement with
market-rate housing; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 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 (p. 7-24); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 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" (p. 7-33); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 confirms that "Land prices in Monroe County represent a
higher proportion of total development costs than in any other part of Florida" (p. 7-33);
and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.12
directs the County to "adopt Land Development Regulations which may include density
bonuses, impact fee waiver programs, and other possible regulations to encourage
affordable housing"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2
directs the County to "adopt programs and policies to encourage housing of various types,
sizes and price ranges to meet the demands of current and future residents"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6
directs the County to "formulate housing implementation programs corresponding to each
of the specific objectives defined within this element, including incentive programs to be
implemented in conjunction with the Permit Allocation System, to promote the
development of affordable and elderly housing"; and
WHEREAS, the Board of County Commissioners makes the following findings of
fact:
1. Monroe County and its municipalities have a mutual interest in preserving and
providing affordable housing countywide.
2. According to Section 7.1.1, A, Type and Tenure, of the Technical Document,
housing units classified as mobile homes and trailers comprise approximately
33% of the total housing stock ofthe Keys.
3. The implementation of this ordinance may protect this segment of the housing
stock available for the critical workforce.
4. The amendments proposed herein do not prohibit replacement of existing
mobile homes and preservation of permitted mobile home uses consistent with
existing safety and building code regulations.
5. The amendments set forth herein may facilitate and encourage re-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.
6. There is limited land area suitable for residential development remaining in the
County.
7. The unmitigated re-development of market-rate housing and conversion from
existing mobile home use would exacerbate the workforce housing crisis for in
Monroe County by consuming the limited remaining developable lands in the
Keys and the limited number of development permits available.
8. These amendments to the land development regulations specifically further
2
Section 163.3202(3), F.S., by implementing innovative land development
regulation provisions such as transfer of development rights, incentive and
inclusionary housing.
9. The amendments to the land development regulations are necessary to help
ensure that, despite the limited availability of developable lands, the County's
existing and future housing stock includes adequate affordable housing
opportunities.
10. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives, and policies of the Year 20 10
Comprehensive Plan.
WHEREAS, on August 2 I, 2007 the Development Review Committee convened
to review the proposed text amendment and duly considered revisions and modifications
suggested by staff and the public to clarify language and terms; and
WHEREAS, on September 26, 2007 the Monroe County Planning Commission
heard this proposed text amendment, and in due consideration of public testimony and
recommendation by staff, continued the item to the October 10, 2007 meeting in
Marathon with direction to staff to make necessary revisions prior to that meeting. The
proposed text amendment was presented to and discussed at the Workforce Housing Task
Force meeting held on October 9, 2007, with comments and recommendations presented
to and considered by the Planning Commission at its October 10, 2007 meeting. The
Planning Commission continued the item with instructions for additional changes for a
final Planning Commission hearing to be held in Key Largo on October 24,2007, where
yet more revisions were directed by the Planning Commission; and
WHEREAS, on December 19, 2007 the BOCC held a public hearing on the
proposed ordinance and in due consideration of public comments and recommendations,
continued the hearing until its January 16, 2007, at which date it approved and adopted
Ordinance No. 02-2008.
WHEREAS, on April 30, 2008 the Department of Community Affairs issued its
Final Order rejecting Ordinance No. 02-2008 because it failed to expressly limit receiver
sites to Tier III and to areas not located within a Velocity Zone.
WHEREAS, staff has made the necessary revisions to the ordinance to comply
with DCA's objections; and
WHEREAS, on June 24, 2008, the Development Review Committee heard and
approved and on June 25, 2008, the Monroe County Planning Commission heard and
approved the proposed text amendment; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
Section 1. The preceding findings support the decision of the Board to approve the
amendments to the Land Development Regulations of the Monroe County Code as
provided herein:
Section 2.
Section 9.5-266.1 is hereby created as follows:
SEe. 9.5-266.1 Affordable Housing Incentive Programs
I) Pwpose and Intent: The intent of this section is to set forth a program to help
incentivize affordable housing development within Monroe County.
2) Program I: Transfer of ROGO Exemptions from Mobile Horne Parks
a) Purpose and Intent: The intent of this program is to establish an appropriate
incentive for Mobile Horne Park owners to maintain mobile home park sites,
mobile home developments in URM and URM-L districts, and contiguous parcels
under common ownership containing mobile homes where any of the foregoing is
presently serving as a primary source of affordable housing in Monroe County (any
of the foregoing being an "Eligible Sender Site") by providing an alternative
development strategy to straightforward market-rate redevelopment. This program
is intended to allow the transfer of market rate ROGO exemptions associated with
lawfully established dwelling units now existing at an Eligible Sender Site to be
transferred to another site or sites in exchange for maintaining an equal or greater
number of deed-restricted affordable dwelling units within Monroe County. This
program seeks to address the housing needs of the Florida Keys as a regional
obligation.
This program provides an Eli!,rible Sender Site owner the opportunity to transfer
market rate ROGO exemptions currently associated with existing and lawfully
established dwelling units from Eligible Sender Sites to receiver site(s) within
Monroe County, provided that it involves the pooling of affordable dwelling unit
rights for redevelopment at donated, purchased or otherwise appropriately deed-
restricted sites, and transfer of ROGO exemptions or allocations for the purpose
of implementing and facilitating one or more affordable housing projects. The
provisions of this section shall control over all contrary provisions of this chapter
related to the transferability of ROGO exemptions.
b) Procedure:
i) This transfer shall require an approved Development Agreement.
ii) Minor Conditional Use approval is required to complete the transfer.
iii) A Development Agreement shall not be required for an Eligible Sender Site
containing 10 or fewer mobile homes. For the purposes of this exception,
property owners shall not be permitted to subdivide by deed, split ownership
4
or otherwise divide larger contiguous parcels containing more than 10 mobile
homes to create parcels containing fewer than 10 mobile homes.
c) Development Agreement Requirements:
i) Sender Site Restrictions:
(I) ROGO exemptions transferred under this program may be transferred on a
I for I basis where the ROGO exemptions are to be transferred to single-
family residential lots or parcels within the same ROGO planning subarea.
However, where transfers are to be made to commercial or recreational
working waterfronts (as defined by Florida Statutes), or to multi-family
projects in non-IS districts, the transfers shall result in no fewer than two
(2) deed-restricted affordable or workforce housing units remaining on
anO Eligible Sender Site(s) for each market rate ROGO exemption
transferred. This section expresses the County's preference for transfer of
ROGO exemptions to single-family lots/parcels. The following examples
are set forth only to show some potential transfer scenarios. A given
potential scenario may depend upon availability of affordable ROGO
allocations provided by the County.
Example I: Transfer on a I for 1 basis.
Existing 100-unit mobile home park. A Development
Agreement with the County may, if approved, allow the
owner to transfer up to 100 ROGO-exemptions to single-
family lots/parcels as long as an equivalent number of
deed-restricted affordable dwelling units remain or are
created on one or more Eligible Sender Site(s)
Example 2: Transfer on a I for 2 basis.
The same existing 100-unit mobile home park. A
Development Agreement with the County may, if
approved, allow the owner to transfer up to 50 ROGO-
exemptions to commercial or recreational working
waterfront or multi-family projects in non-IS districts, as
long as at least twice as many deed-restricted affordable
dwelling units remain or are created on one or more
Eligible Sender Site(s).
Example 3: Transfer on both I for I and I for 2 basis.
The same existing 100-unit mobile home park. A
development agreement with the County may, if
approved, allow the owner to transfer up to 25 ROGO
5
exemptions to a commercial or recreational working
waterfront Mixed Use parcel, and 50 ROGO-exemptions
to single-family lots/parcels, as long as 100 deed-
restricted affordable dwelling units remain or are created
on one or more Eligible Sender Site(s).
(2) The Eligible Sender Site property(ies) shall be donated or sold to Monroe
County, or otherwise appropriately deed-restricted for long-term
affordability. Prior to acceptance of a donated or purchased parcel, all
units to be maintained on site shall pass a life safety inspection conducted
in a manner prescribed by the Monroe County Building Department.
Monroe County may then lease the sender site property to a party who will
serve as lessee and sub-lessor of the Eligible Sender Site(s).
(3) The number of transferred ROGO exemptions shall not exceed the number
of restricted affordable dwelling units maintained at the Eligible Sender
Sites.
(4) The resulting development or redevelopment of affordable housing
pursuant to the governing development agreement will be targeted to serve
as closely as possible the following household income categories: 25%
very low income households, 25% low income households, 25% median
income households, and 25% moderate income households (or as
otherwise approved by the BOCC).
(5) Lot rents and/or sales prices for resulting deed-restricted dwelling units
shall be established in accordance with restrictions outlined in Florida
Statutes and/or the Monroe County Code.
(6) All units designated by the applicable development agreement to remain
as deed restricted affordable housing at the donated, purchased or
appropriately deed-restricted site(s) shall comply with hurricane standards
established by the Florida Building Code and habitability standards
established under the Florida Landlord and Tenant Act. Compliance shall
be accomplished in a manner and within a timeframe set forth in the
Development Agreement or, if applicable, in the relevant Minor
Conditional Use.
(7) A Development Agreement proposed under this program shall not utilize
more than 50% of the existing affordable housing allocations then
available to Monroe County, unless otherwise approved by the BOCC.
(8) All of the redeveloped or preserved affordable housing units, whether
redeveloped or retained at the original sender site(s), or at alternate
alternate or additional locations, shall remain in the same planning sub-
district as the original sender site(s).
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d) Minor Conditional Use Requirements:
i) Receiver Site Criteria:
(1) The receiver site shall be located in a Tier III designated area.
(2) The receiver site shall not be located in a Velocity (V) zone.
(3) A property owner cannot receive a certificate of occupancy for any unit
constructed as a result of a transferred ROGO-exemption until all
corresponding Eligible Sender Site units are completed and deed-restricted
as affordable dwelling units.
(4) All or any portion of the redeveloped or preserved affordable housing
units may be redeveloped or retained at one or more alternate or additional
locations donated or sold to Monroe County, identified in the
Development Agreement and otherwise compliant with the remainder of
this section, including but not limited to the requirements set forth in
subsection 2.c)i)(2).
(5) Transferred ROGO-exemptions shall remain in the same ROGO planning
subarea.
e) Nothing herein shall preclude the County's replacement of sender site dwelling
units with affordable allocations and recovery and transfer of market-rate ROGO-
exemptions from the sender sites for use in administrative relief programs or other
like purposes.
Section 3. 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 4. 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.
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Section 5. 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 6. Filing
This ordinance shall be filed in the Office 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 7. Effective Date; Incorporation into Code of Ordinances.
This ordinance shall become effective as provided by law and stated above and shall be
incorporated into the Monroe County Code of Ordinances at such time. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 20th day of August, 2008.
Mayor Mario Di Gennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Mario Di Gennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM:
SUSAN M. GRIM EY
ASSISTANT COUNTY ATTORNEY P
Date ~~ I-<J/f I d 00
,
8
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Division of Housing and Community Development
STAFF REPORT
TO:
Board of County Commissioners
FROM:
Lisa Tennyson
Affordable Housing Coordinator
THROUGH:
Andrew Trivette, Division Director Growth Management
DATE:
July 28, 2008
SUBJECT:
PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
MEETING DATE: August 20, 2008
I. PROPOSED AMENDMENT:
The proposed amendment creates new Section 9.5-266.1 Affordable Housing Incentive
Program, to set forth a mobile home park protection incentive program available to mobile home
park owners to incentivize the continued maintenance of the existing workforce housing stock
that exists in the mobile home parks of Monroe County.
The amendment proposed here is akin to the Mobile Home Protection Ordinance that was
approved by the Planning Commission in October 2007 and approved and adopted by the BOCC
in January 2008, with the exception that it has been revised to expressly limit receiver sites to
Tier III and to areas not located within Velocity zones to comply with DCA's objections.
A. Previous County Action:
August 2007, Development Review Committee reviewed and approved the original
version of this ordinance.
October 2007, Planning Commission held two public hearings on the original version of
this ordinance and approved it on October 24,2007.
December 19,2007 and January 16,2008, the BOCC held two public hearings and at the
January meeting, approved and adopted the original version of this Mobile Home
Protection Ordinance, 02-2008.
On April 30, 2008, the Department of Community Affairs issued its Final Order rejecting
Ordinance 02-2008 because it failed to expressly limit receiver sites to Tier III and to
areas not located within a Velocity Zone.
Staff made the necessary revisions to clarify the requirements for eligible receiver sites in
order to comply with DCA's objections.
Staff also made some minor text revisions to clarify that the term "waterfront" was
intended to mean "working waterfront" (as opposed to waterfront areas such as canals.)
The Monroe County Code does not define "working waterfront." However, "recreational
and commercial working waterfront" is defined in the Florida Statutes:
FS 342.07: As used in this section, the term "recreational and commercial
working watelfront" means a parcel or parcels of real property that provide
accessfor water-dependent commercial activities, including hotels and motels as
defined in s. 509.242(1), or provide access for the public to the navigable ~waters
of the state. Recreational and commercial working wate~fronts require direct
access to or a location on, over, or adjacent to a navigable body of water. The
term includes water-dependent facilities that are open to the public and offer
public access by vessels to the waters of the state or that are support facilities for
recreational. commercial, research. or J;overnmental vessels. Thes'e facilities
include public lodging establishments. docks, whaifs, lifts, wet and dry marinas,
boat ramps, boat hauling and repair facilities, commercialjishingfacilities, boat
construction facilities, and other support structures over the ,vater.
Therefore, we have replaced the term "waterfront" in the original ordinance with the term
"recreational and commercial working waterfront" to comply with the statute.
On June 25, 2008, the Monroe County Planning Commission heard and recommended
approval of the proposed text amendment.
B. Sponsor:
This proposed text amendment is the result of revisions made to the original Mobile
Horne Park Ordinance by the Planning and Housing staff pursuant to DCA's concerns.
The original proposed text amendment was promulgated by the Workforce Housing
Taskforce and drafted and refined by staff.
C. Characteristics of the proposed text amendment:
1. The intent of the new section is to establish a mobile home park protection program
available to park owners that might contain sufficient incentives so as to encourage
and result in the continued maintenance of existing workforce housing stock now
existing in the County's mobile home parks (and other aggregation sites for mobile
homes. )
2
2. This program provided a park owner with a potential opportunity to transfer market
rate ROGO-exemptions corresponding to currently existing and lawfully established
dwelling units at a mobile home park (or other aggregate siting of mobile homes) to
another site within Monroe County.
3. The transfer may occur provided that certain conditions are met at the sender and
receiver sites, particularly the creation of long-term deed-restricted affordable or
workforce housing at, what in the ordinance is termed an "Eligible Sender Site" (or
"Sites.) Eligible Sender Sites may be comprised of one or more parcels and may be
donated or sold to the County, or otherwise appropriately deed-restricted so as to
ensure long-term affordability satisfactory to the County. Sites receiving the
transfer, termed "Eligible Receiver Sites," must be in Tier III or IIIA so long as no
clearing is required, must not be in Velocity zones and must be in the same planning
sub-area as the sender site(s).
4. The amendment is designed to facilitate and encourage redevelopment 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.
5. The program is voluntary. It is not intended to be a solution to housing affordability
challenges in the County. It is designed to be a flexible tool that encourages creative
arrangements with owners of Eligible Sender Sties with lawfully established
dwelling units now serving as de factor affordable housing that might lead them to
agree to work with the County to preserve affordable housing uses. The program
recognizes that the County will not be in a position to purchase Eligible Sender Sites
and existing dwelling units/ROGO-exemptions outright at market prices. The right
to transfer some number of ROGO-exemptions for market rate development offsite,
coupled with the right to develop/redevelop for sale or rental purposes the relevant
Eligible Sender Site(s) might provide enough economic incentive for owners of
Eligible Sender Sites to enter into voluntary agreements with the County under this
program.
6. The redevelopment of affordable housing sites will be targeted, but shall not be
mandated to the following ratio: servicing the housing needs for 25% very low, 25%
low, 25% median, 25% moderate-income households (or as approved by the
BOCC.)
II. ANALYSIS:
A. Consistency with the Land Development Regulations
County requirements for amendments to the land development regulations: Pursuant
to Section 9.5-511(d)(5)b of the Monroe County code, the Board of County
Commissioners may consider the adoption of an ordinance enacting proposed changes to
the text or maps based on one or more of the following factors, for which the following
justification is provided:
3
(i) Changed projections (e.g., regarding public service needs) from those on
which the text or boundalY was based;
None.
(ii) Changed assumptions (e.g., regarding demographic trends);
None.
(iii) Data errors, including errors in mapping, vegetative types and natural
features described in Volume I of the plan;
None.
(iv) New issues;
The redevelopment and conversion of existing mobile home parks and sites
containing aggregations of mobile homes (whether or not such sites are
technically "mobile home parks" as that term may be defined in state or other
law) into market rate housing has exacerbated the loss of workforce housing
and the affordable housing problems facing Monroe County by further
depleting the remaining reservoir of affordable housing in the Keys.
(v) Recognition of a need for additional detail or comprehensiveness; or
Monroe County Year 2010 Comprehensive Plan Objective 601.6 directs the
County to "formulate housing implementation programs corresponding to
each of the specific objectives defined within this element, including incentive
programs to be implemented in conjunction with the Permit Allocation
System, to promote the development of affordable and elderly housing."
(vi) Data updates.
According to Section 7.l.1A, Type and Tenure, of the Technical Document,
housing units classified as mobile homes and trailers comprised
approximately 33% of the total housing stock of the Keys.
The Monroe County Year 2010 Comprehensive Plan Technical Document
Housing Element 7.0 projects 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 housing households, 5,320
dwelling units for "low" income households, and an additional 5,528 dwelling
units need for "moderate" income households (p.7-24).
4
B. Consistency with the Comprehensive Plan.
The proposed amendment is consistent with the following goals, objectives or
policies of the MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN:
Policy 601.1.12
By January 4, 1997 Monroe County shall adopt Land Development Regulations which
may include density bonuses, impact fee waiver programs, and other possible regulations
to encourage affordable housing.
Objective 601.2
Monroe County shall adopt programs and policies to encourage housing of various
types, sizes and price ranges to meet the demands ofcurrent and fi/ture residents.
Objective 601.6
By January 4, 1998, Monroe County shall formulate housing implementation
programs corresponding to each of the specific objectives defined within this element,
including:
1. the expansion of public information assistance;
2. the incentive programs, to be implemented in conjunction vvith the Permit
Allocation System, to promote the development of affordable and elderly housing;
and
3. the elimination of substandard housing.
C. Consistency with the Principles for Guiding Development in the Florida Keys Area
of Critical State Concern
The proposed text amendment is consistent with the Principles for Guiding Development
as a whole and is not inconsistent with any principle. Specifically, the amendment
furthers:
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.
Principle (j) To make available adequate affordable housing for all sectors of the
population of the Florida Keys.
And
Principle (I) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource.
5
III. FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. The proposed text amendment is justified by three of the factors in Section 9.5-511 of the
Monroe County Code, which the BOCC may consider for amending the land use
regulations:
(iv) New issues;
(v) Recognition ofa needfor additional detail or comprehensiveness; and
(vi) Date updates.
2. The proposed text amendment IS consistent with the following Comprehensive Plan
objectives and policies:
1. Policy 601.1.12
2. Objective 601.2
3. Objective 601.6
3. The proposed text amendment is consistent with the following Principles for Guiding
Development in the Florida Keys Area of Critical State Concern:
Principles (a), (j) and (I)
4. The proposed text amendment is in the interest of the public welfare.
The amendment to the land development regulations contribute to the set of overall
programs and policies designed to preserve and protect the County's existing and future
affordable housing stock.
IV. ST AFF RECOMMENDATION
Approval.
6
PLANNING COMMISSION RESOLUTION NO. P36-08
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS ADDING SECTION 9.5-266.1
"AFFORDABLE HOUSING INCENTIVE PROGRAM";
PROVIDING A PROGRAM DEALING WITH MOBILE HOMES;
PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS AND THE SECRETARY OF STATE; PROVIDING
EFFECTIVE DATE; PROVIDING FOR INCORPORATION IN
THE MONROE COUNTY CODE OF ORDINANCES
WHEREAS, the Planning Commission has considered the comments of the public,
recommendations of the, recommendations of staff and the Workforce Housing Task Force,
and other matters; and
WHEREAS, June 25, 2008, the Monroe County Planning Commission heard and
approved this proposed text amendment; and
NOW, THEREFORE, BE IT RESOLVED BY MONROE COUNTY
PLANNING COMMISSION, FLORIDA:
Section 1. The preceding findings support the decision of the Planning Commission to
approve the amendments to the Land Development Regulations of the Monroe County
Code as provided herein:
Section 2.
Section 9.5-266.1 is hereby created as follows:
SEC. 9.5-266.1 Affordable Housing Incentive Program
1) Purpose and Intent: The intent of this section is to set forth a program to help
incentivize affordable housing development within Monroe County.
2) Program 1: Transfer of ROGO Exemptions from Mobile Home Parks
a) Purpose and Intent: The intent of this program is to establish an appropriate
incentive for Mobile Home Park owners to maintain mobile home park sites,
mobile home developments in URM and URM-L districts, and contiguous parcels
under common ownership containing mobile homes where any of the foregoing is
presently serving as a primary source of affordable housing in Monroe County (any
of the foregoing being an "Eligible Sender Site") by providing an alternative
development strategy to straightforward market-rate redevelopment. This program
is intended to allow the transfer of market rate ROGO exemptions associated with
lawfully established dwelling units now existing at an Eligible Sender Site to be
transferred to another site or sites in exchange for maintaining an equal or greater
number of deed-restricted affordable dwelling units within Monroe County. This
program seeks to address the housing needs of the Florida Keys as a regional
obligation.
This program provides an Eligible Sender Site owner the opportunity to transfer
market rate ROGO exemptions currently associated with existing and lawfully
established dwelling units from Eligible Sender Sites to receiver site(s) within
Monroe County, provided that it involves the pooling of affordable dwelling unit
rights for redevelopment at donated, purchased or otherwise appropriately deed-
restricted sites, and transfer of ROGO exemptions or allocations for the purpose
of implementing and facilitating one or more affordable housing projects. The
provisions of this section shall control over all contrary provisions of this chapter
related to the transferability ofROGO exemptions.
b) Procedure:
i) This transfer shall require an approved Development Agreement.
ii) Minor Conditional Use approval is required to complete the transfer.
iii) A Development Agreement shall not be required for an Eligible Sender Site
containing 10 or fewer mobile homes. For the purposes of this exception,
property owners shall not be permitted to subdivide by deed, split ownership
or otherwise divide larger contiguous parcels containing more than 10 mobile
homes to create parcels containing fewer than 10 mobile homes.
c) Development Agreement Requirements:
i) Sender Site Restrictions:
(l) ROGO exemptions transferred under this program may be transferred on a
1 for 1 basis where the ROGO exemptions are to be transferred to single-
family residential lots or parcels within the same ROGO planning subarea.
However, where transfers are to be made to commercial or recreational
working waterfronts (as defined by Florida Statutes), or to multi-family
projects in non-IS districts, the transfers shall result in no fewer than two
(2) deed-restricted affordable or workforce housing units remaining on
anO Eligible Sender Site(s) for each market rate ROGO exemption
transferred. This section expresses the County's preference for transfer of
ROGO exemptions to single-family lots/parcels. The following examples
are set forth only to show some potential transfer scenarios. A given
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potential scenario may depend upon availability of affordable ROGO
allocations provided by the County.
Example 1: Transfer on a 1 for 1 basis.
Existing 100-unit mobile home park. A Development
Agreement with the County may, if approved, allow the
owner to transfer up to 100 ROGO-exemptions to single-
family lots/parcels as long as an equivalent number of
deed-restricted affordable dwelling units remain or are
created on one or more Eligible Sender Site(s)
Example 2: Transfer on a 1 for 2 basis.
The same existing 1 DO-unit mobile home park. A
Development Agreement with the County may, if
approved, allow the owner to transfer up to 50 ROGO-
exemptions to commercial or recreational working
waterfront or multi-family projects in non-IS districts, as
long as at least twice as many deed-restricted affordable
dwelling units remain or are created on one or more
Eligible Sender Site(s).
Example 3: Transfer on both 1 for 1 and I for 2 basis.
The same existing 1 DO-unit mobile home park. A
development agreement with the County may, if
approved, allow the owner to transfer up to 25 ROGO
exemptions to a commercial or recreational working
waterfront Mixed Use parcel, and 50 ROGO-exemptions
to single-family lots/parcels, as long as 100 deed-
restricted affordable dwelling units remain or are created
on one or more Eligible Sender Site(s).
(2) The Eligible Sender Site property(ies) shall be donated or sold to Monroe
County, or otherwise appropriately deed-restricted for long-term
affordability. Prior to acceptance of a donated or purchased parcel, all
units to be maintained on site shall pass a life safety inspection conducted
in a manner prescribed by the Monroe County Building Department.
Monroe County may then lease the sender site property to a party who will
serve as lessee and sub-lessor of the Eligible Sender Site(s).
(3) The number of transferred ROGO exemptions shall not exceed the number
of restricted affordable dwelling units maintained at the Eligible Sender
Sites.
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(4) The resulting development or redevelopment of affordable housing
pursuant to the governing development agreement will be targeted to serve
as closely as possible the following household income categories: 25%
very low income households, 25% low income households, 25% median
income households, and 25% moderate income households (or as
otherwise approved by the BOCC).
(5) Lot rents and/or sales prices for resulting deed-restricted dwelling units
shall be established in accordance with restrictions outlined in Florida
Statutes and/or the Monroe County Code.
(6) All units designated by the applicable development agreement to remain
as deed restricted affordable housing at the donated, purchased or
appropriately deed-restricted site(s) shall comply with hurricane standards
established by the Florida Building Code and habitability standards
established under the Florida Landlord and Tenant Act. Compliance shall
be accomplished in a manner and within a timeframe set forth in the
Development Agreement or, if applicable, in the relevant Minor
Conditional Use.
(7) A Development Agreement proposed under this program shall not utilize
more than 50% of the existing affordable housing allocations then
available to Monroe County, unless otherwise approved by the BOCC.
(8) All of the redeveloped or preserved affordable housing units, whether
redeveloped or retained at the original sender site(s), or at alternate
alternate or additional locations, shall remain in the same planning sub-
district as the original sender site(s).
d) Minor Conditional Use Requirements:
i) Receiver Site Criteria:
(1) The receiver site shall be located in a Tier III designated area.
(2) The receiver site shall not be located in a Velocity (V) zone.
(3) A property owner cannot receive a certificate of occupancy for any unit
constructed as a result of a transferred ROGO-exemption until all
corresponding Eligible Sender Site units are completed and deed-restricted
as affordable dwelling units.
(4) All or any portion of the redeveloped or preserved affordable housing
units may be redeveloped or retained at one or more alternate or additional
locations donated or sold to Monroe County, identified in the
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Development Agreement and otherwise compliant with the remainder of
this section, including but not limited to the requirements set forth in
subsection 2.c)i)(2).
(5) Transferred RaGa-exemptions shall remain in the same RaGa planning
subarea.
e) Nothing herein shall preclude the County's replacement of sender site dwelling
units with affordable allocations and recovery and transfer of market-rate ROGO-
exemptions from the sender sites for use in administrative relief programs or other
like purposes.
Section 3. 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 judgnient
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 4. 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 5. 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 6. Filing
This ordinance shall be filed in the Office 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 7. Effective Date; Incorporation into Code of Ordinances.
This ordinance shall become effective as provided by law and stated above and shall be
incorporated into the Monroe County Code of Ordinances at such time. 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
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shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND RECOMMENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 25th day of June, 2008
Randolph D. Wall, Chair yes
James D. Cameron, Vice Chair yes
John Marston, Commissioner yes
Donna Windle, Commissioner yes
Jeb Hale, Commissioner yes
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Randolph D. Wall, Chair
Signed this
day of
,2008.
APPROVED AS TO FORM:
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