Item P02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January
16,
2008
Division: Growth Management
Bulk Item: Yes _
No
X
Department:
Staff Contact: Jerry Coleman, Lisa Tennyson_
AGENDA ITEM WORDING: A public hearing continued from December 19, 2007, to adopt 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 Programs"; providing a
program dealing with mobile homes.
ITEM BACKGROUND: The Workforce Housing Task Force and BOCC directed staff to provide
incentives to retain mobile home parks as affordable housing and/or to redevelop with more affordable
units than inclusionary housing provides.
PREVIOUS RELEVANT BOCC ACTION:
On July 18, 2007 the BOCC enacted a six (6) month moratorium on the acceptance of redevelopment
applications for mobile home parks. On December 19, 2007, the BOCC held a public hearing on this
ordinance with changes suggested and directed staff to return with new language.
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 Not Required
DISPOSITION:
Revised 11 /06
AGENDA ITEM #
Affordable Housing Incentive Programs Ordinance - I Mobile Homes v6 CLEAN.DOC 1,2!2008 4:50:32 PM
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 PROGRAMS"; 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 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 Mayl6, 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"
Affordable Housing Incentive Programs Ordinance - I Mobile Homes v6 CLEANDOCl/12008 4:50:32 PM
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
2
Affordable Housing Incentive Programs Ordinance -I Mobile Homes v6 (LEAN.DOC Ii2 2008 4:50:32 PM
fact:
WHEREAS, the Board of County Commissioners makes the following findings of
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 of the 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. There is a current unmet need of about 7,317 affordable units in the County.
9. These amendments to the land development regulations specifically further
Section 163.3202(3), F.S., by implementing innovative land development
regulation provisions such as transfer of development rights, incentive and
inclusionary housing.
10. 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.
11. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives, and policies of the Year 2010
Comprehensive Plan.
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Affordable I lousing Incentive Programs Ordinance - I Mobile I tomes v6 CLLAN.DOC 1/2/2008 4:50:32 PM
WHEREAS, on August 21, 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 regular meeting with directions for
several changes to the ordinance, further described in a consultant's report, dated January
2, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section 1. Section 9.5-266.1 is hereby created as follows:
id
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SECTION 9.5-266.1 Affordable Housing Incentive Programs
1) Purpose and Intent: The intent of this section is to set forth the programs 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 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
or otherwise divide larger contiguous parcels containing more than 10 mobile
homes.
e) Development Agreement Requirements:
AtTordable Housing Incentive Programs Ordinance - I Mobile Homes 0 CLEAN.DOC 1/2i2008 4:50:32 PM
i) Sender Site Restrictions:
(1) 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 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 l: 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 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 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 1 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
exemptions to a 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).
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Affordable Housing Incentive Programs Ordinance -I Mobile Itomes v6 CLEAN.DOCli22008 4:50:32 PM
(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 shall then lease the sender site property to a parry 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).
d) Minor Conditional Use Requirements. -
I) Receiver Site Restrictions:
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Affordable Housing Incentive Programs Ordinance - I Mobile Homes vG CEEAN.DOC 112008 4:50:32 PNI
(1) The environmental sensitivity of the receiver site shall not be greater than
that of the sender site.
(2) 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.
(3) 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).
(4) 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.
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
Affordable Housing Incentive Proms Ordinance - 1 Mobile Homes v6 CLEAN.DOCl/2/2008 4:50:32 PM
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 16th day of January, 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Mario DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM:
1 e��U Cc�ewta w
Consulting Attorney
9
JERRY COLEMAN, P.L.
Terry Coleman, Esq.
Barton W. Smith, Esq. (FL only)
201 Front Street, Suite 203
jerry�;jerrycolemanp1.net
Key West, Florida 33040
bartCjerrycolemanpl.net
(Admitted Florida and New York)
Legal Assistant: Shannon(djer)/colemanpl.net
Truman Annex
Building 21 Second Floor
TEL 305-292-3095
FAX 305-296-6200
MEMORANDUM (CONSULTANT STAFF REPORT)
TO: Monroe County Board of County Commissioners
FROM: Jerry Coleman, Esq.
Counsel to Monroe County Workforce Housing Task Force
THROUGH: Townsley Schwab, Acting, Sr., Director of Planning
& Environmental Resources
Lisa Tennyson, Affordable Housing Coordinator
DATE: January 2, 2008
SUBJECT: PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
MEETING DATE: January 16, 2008
I. PROPOSED AMENDMENT:
The proposed amendment creates new Section. 9.5-266.1 Affordable Housing Incentive
Programs. This staff report incorporates, relies upon, updates and modifies information
contained in the staff reports previously provided to the Planning Commission by County
planning staff and/or our offices.
A. Previous County Action:
i. Board of County Commissioners
On July 18, 2007 the Board of County Commissioners (BOCC) adopted an
ordinance enacting a temporary six-month moratorium on the acceptance of
development applications for the redevelopment of mobile home parks, in order to
give planning staff and the Workforce Housing Task Force time to fashion an
amendment to the land development regulations that might help to stem the loss of
the County's reservoir of affordable housing due to the redevelopment of mobile
home parks. The commencement date of the moratorium was made retroactive to
when the zoning in progress was initiated by the BOCC on May 16, 2007 and
expired on November 16, 2007. To our office's knowledge and as expected, given
market conditions, there has been no flood of trailer park redevelopment
applications since November 16.
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 regular meeting, with the
followiing directions for several changes to the ordinance;
1. Requiring that all transfers of market -rate dwelling unit ROGO-
exemptions remain within the same ROGO planning subarea
(e.g., within the Lower Keys, or the Upper Keys).
2. Clarifying that transfers on a preferred 1 to 1 basis could occur
as long as they were going to single-family residential lots or
parcels generally, and not only those in IS -zoned land use
districts
3. Clarifying that lot rents and sales prices "for resulting deed -
restricted units" shall conform to standards set forth in the
County Code and state statutes.
4. Permitting the transfer of "(transient and non -transient)"
ROGO-exemptions, not just the `market rate ROGO
exemptions' originally described in subsection 2)a). Subsection
2)a), should the BOCC desire to change it would read as
follows:
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.
2
This program provides an Eligible Sender Site owner the opportunity to
transfer market rate ROGO exemptions (transient or non -transient)
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.
In the undersigned's opinion, the "(transient or non -transient)" language has
not yet been directed to be inserted at the last BOCC meeting adequately
considered. The Planning Department, County Attorney, Housing and
Community Development staff and this consultant have not yet had full
opportunity to evaluate and explain as needed potential implications of the
change. Should the BOCC desire to have the language included, this can
certainly be done, but the undersigned submits the following as militating
against this now. First, the County Attorney's office is not comfortable with
this change and the prior noticing of the ordinance, as it has been noticed as a
part of "Housing Incentive Programs", advertised as "Dealing with Mobile
Homes" —"Mobile Home" and "Recreational Vehicle" are defined in the
County Code and they are not the same. In addition to the County Attorney's
concern on advertising, the undersigned and the County Attorney's office
have concerns about the implications or possible unintended consequences of
mixing in "transient" unit transfers in this ordinance at this stage, without
ample consideration of potential outcomes. While it might not necessarily be
a bad idea to permit transfer of RV spaces from mobile home sites, in
exchange for creation of one or more long-term deed -restricted
affordable/workforce housing units, this particular ordinance has never been
contemplated and considered as a transient unit transfer mechanism.
Therefore, the undersigned feels constrained at this time to recommend not
adding the transient language to the draft presented in this Agenda Item
package without further staff consideration. The undersigned recommends
passage without that language, or returning the ordinance back to staff for
more analysis of potential housing and transient unit impacts.
ii. Development Review Committee
On August 21, 2007 the Development Review Committee convened to
review the proposed text amendment to create a mobile home park protection
ordinance, and duly considered revisions and modifications suggested by staff and
the public to clarify language and terms.
iii. Planning Commission
3
On September 26, 2007 the Monroe County Planning Commission heard
the proposed text amendment at its regularly scheduled Key Largo monthly
meeting and, in due consideration of the staff report and public testimony, the
Planning Commission continued the item to its regularly scheduled Marathon
October 10, 2007 meeting, with direction to staff to make necessary revisions
prior to that meeting. Revisions were made pursuant to the Planning
Commission's directions and the proposed text amendment was presented at the
Planning Commission's October 10 meeting and, in due consideration of the staff
report, the undersigned consultant's presentation and public testimony, the
Planning Commission again continued the item to its regularly scheduled Key
Largo October 24, 2007 meeting, with direction to staff to work with the
undersigned to make necessary revisions prior to the forthcoming meeting. The
Planning Commission was advised at its October 10 meeting that given the
second continuance, the County's moratorium ordinance relating to the
acceptance of applications for the redevelopment of existing mobile home parks
would likely expire prior to the proposed text amendment being presented to the
BOCC for an adoption hearing. Specifically addressing the Planning Commission
directions, public comments and further staff suggestions provided at the October
10 Planning Commission meeting, the following modifications were made,
among others:
The scope of Eligible Sender Sites has been expanded in
order to not restrict eligibility for the proposed program only
to "mobile home parks", as they are and may be defined
under state or other law, and to accommodate smaller
aggregations of mobile homes that also now provide
affordable housing.
2. The manner of maintaining the long-term affordability of
Eligible Sender Site dwelling units was expanded from
requiring the "donating" of underlying Eligible Sender Site
real property to Monroe County, to permitting the sale of
such property to the County, or the use of other forms of
deed -restrictions that might ensure adequate affordability in
a manner satisfactory to the County.
3. Clarification of the targeted exchange and transfer ratio for
market rate ROGO-exemptions that may be transferred from
an Eligible Sender Site to varying types of receiver sites was
accomplished, including the providing of several examples.
The Planning Commission considered this ordinance at its regularly
scheduled October 24, 2007 Key Largo meeting. Specifically addressing
Planning Commission directions, public comments and further staff suggestions
4
provided at the October 24 meeting, the following modifications were made,
among others:
Clarifying language was added, including a reminder that
any given potential redevelopment scenario will depend
upon the availability of affordable ROGO allocations that
the County can provide to a sender site owner.
2. A requirement that all long-term affordable housing
developed as a result of an agreement reached pursuant to
this incentive program must remain in the Keys planning
sub -area where the original sender site existed.
3. Clarification that nothing in the ordinance precludes the
County from swapping affordable units from its existing
pool of available units for market -rate ROGO exemptions
that would otherwise be redeveloped into long-term
affordable units under a development agreement reached
under this proposed ordinance so that the County can use the
recaptured market rate ROGO-exemptions for, among other
things, administrative relief
At its October 24, 2007 meeting the Planning Commission recommended
approval of the proposed ordinance in its present form on a 3-2 vote.
B. Sponsor:
The proposed text amendment was originated by the Workforce Housing Task Force and
was later given to the Department of Planning and Environmental Resources pursuant to
direction from the BOCC to further refine the draft proposed ordinance designed to protect
mobile home parks as reservoirs of affordable housing. The Planning Department and the
Division of Housing and Community Development worked with our offices to finalize this
ordinance, as well as the County Attorney's office, particularly with this latest draft.
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. This program provides 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 contiguous siting of mobile homes) to another site within
Monroe County 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
5
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.
3. 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.
4. The program is voluntary. It is not and has never been held out 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 Sites with lawfully established
dwelling units now serving as de facto 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 readily 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, it is
hoped, provide enough economic incentive for owners of Eligible Sender Sites to enter into
voluntary agreements with the County under this program.
5. The redevelopment of affordable housing sites will be targeted, but shall not be mandated
to follow the following ratio: servicing the housing needs of 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 (1) or more of the following factors, for which the following justification
is provided:
(i) Changed projections (e.g., regarding public service needs) from those on which
the text or boundary 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;
2
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 7.1.1, A, 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 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).
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.
Obiective 601.2
Monroe County shall adopt programs and policies to encourage housing of various
types, sizes and price ranges to meet the demands of current and future residents.
Obiective 601.6
7
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 ofpublic information assistance,-
2. incentive programs, to be implemented in conjunction with 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, and
Principle 0) To make available adequate affordable housing for all sectors of the
population of the Florida Keys.
IV. FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. The proposed text amendment is justified by three (3) 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 of a need for additional detail or comprehensiveness; and
(vi) Data 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:
(a) and 0).
.90
4. The proposed text amendment is in the interest of public welfare.
The amendments to the land development regulations contribute to the set of
overall programs and policies designed to preserve and protect the County's
existing affordable and workforce housing stock.
V. STAFF AND CONSULTANT RECOMMENDATION:
Approval.
Page 1 of 1
Jerry Coleman
From: Jerry Coleman, P.L. Derrycolemanpl@bellsouth.netl
Sent: Wednesday, January 16, 2008 2:26 PM
To: 'Tennyson -Lisa'
Cc: 'Paros-Reggie';'Devane-Stacy';'Trivette-Andrew';'Schwab-Townsley';'Hutton-Suzanne';'Grimsley-
Susan'; 'Frederick-Debbie@MonroeCounty-FL.Gov'; 'Boan-Tina@monroecounty-fl.gov';
'boccdis1 @monroecounty-fl.gov'; 'boocdis4@monroecounty-fl.gov'; 'boocdis5@monroecounty-fl.gov';
'boccdis3@monroecounty-fl.gov'; 'Boccdis2@monroecounty-fl.gov'; Jerry Coleman
Subject: RE: Draft Ordinance Schedule Chart as of 1-9
Attachments: Draft Ordinance Schedule Chart as of 1-9.pdf
Thanks Lisa for the update on the ordinance drafting schedule and other time -sensitive
housing matters as set forth in your regular tracking and 'to do' chart — I have reviewed
— I finished the two staff reports and revised ordinances from December DRC for Feb.
5 Planning Commission and got them in on time to Nicole on Monday, January 14; 1 will
finish revising four required staff reports for February 20th BOCC hearings by
Nicole/Mayra's 1/18 this Friday deadline — part way there — must remember Navy's
objection and finally attend Friday's Task Force meeting in KCB. That will likely do it
for awhile given the County Attorney's capability and desire to take on affordable
housing legal work in support of you, your Division and the BOCC's mandates in this
area. According to the a -mails Susan will be there for you for all purposes in this area
as she and Suzanne have indicated and Reggie appears to have understood and duly
noted as the County's plan with no objection from Debbie or Tina.
I note that the County should really look at the Florida Housing RFP coming out that I
advised everybody about (much like the one our office got the $1.75M for the Habitat
Big Coppitt project — but here it will be for special needs housing — the Keys gets some
special consideration in the drafts I've shared — it can go to housing for victims of
domestic abuse (I spoke with Jane Cruz at Samuel's House as a heads up), and other
special housing needs (homeless, foster child to adult transition housing, frail elderly).
Keep up the good work Lisa — you're role cannot be overstated or overvalued.
See you in a few and Friday.
jC
From: Tennyson -Lisa [mailto:Tennyson-Lisa@MonroeCounty-FL.Gov]
Sent: Thursday, January 10, 2008 5:12 PM
To: Paros-Reggie; Devane-Stacy; Jerry Coleman, P.L.; Trivette-Andrew; Schwab-Townsley; Hutton -Suzanne; Grimsley-
Susan
Subject: Draft Ordinance Schedule Chart as of 1-9
FYI, here's my updated ordinance chart....
1 • o`
1 / 16/2008
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