Item Q08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 15, 2008 Division: Growth Management
Bulk Item: Yes_ No X Department: Planning & Environmental Resource
Staff Contact Person: Andrew O. Trivette, Director
Growth Mana eg_ment
AGENDA ITEM WORDING:
A public hearing to consider 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.
ITEM BACKGROUND:
Currently the open space requirement is deducted from the area of the 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.
The Department of Community Affairs has objections, recommendations and comments on the proposed
ordinance. There is a concern that properties in the AICUZ be excluded. However, this amendment is
not related to any specific affordable housing project. The AICUZ will be considered for each project
PREVIOUS RELEVANT COMMISSION ACTION:
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.
The BOCC passed this resolution at its meeting of February 20, 2008, however, DCA requested that all
comprehensive plan amendments be heard and transmitted for the 02-2008 submission at one (1) meeting.
Therefore, this item is being heard again with other plan transmittal resolutions. 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: Approval
TOTAL COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: NIA SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH: N/A Year
APPROVED BY: County Attorney X OMB / Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
May 23, 2008
ORDINANCE NO. -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.
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
3. The Monroe County Year 2010 Comprehensive Plan
Technical Document Housing Element 7.0 (p. 7-32) also states that "[c]urrent
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
4. The Board at a regular meeting held on February 15, 2006,
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
(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) ....' ; and
5. The Monroe County, Florida, Affordable Housing Needs
Assessment, authored by The Metropolitan Center at Florida International
University (2007), provides additional recent data and analysis corroborating
the information set forth in the Monroe County Year 2010 Comprehensive
Plan Technical Document Housing Element 7.0 and supporting the proposed
comprehensive plan amendment (a copy of the Assessment is being provided
to the Department of Community Affairs with the submittal of this proposed
amendment).
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 confirms that "[1]and 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 Technical
Document Housing Element 7.0 also states that "[1]ocal ordinances should be adopted which
ease land development requirements and construction regulations to reduce the cost of
affordable housing development" and that "[d]ensity relaxation" should be included as an
incentive to provide for affordable housing projects (p. 7-29); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 directs consideration 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. 7-36); 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
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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. 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 County with a corresponding decrease in
population and the transformation of traditionally 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 number 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:
[Amendments are presented in stri'net —to indicate deletions and underline to indicate
additions to text. All other words, characters, and language of the comprehensive plan remain un-
amended.]
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 101.4.21
Monroe County 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
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be calculated based upon the gross acreage or total square footage of parcel(s)
developed or redeveloped into such housing uses.
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 : day of , 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
CHARLES "SONNY" McCOY, MAYOR
(SEAL)
M014ROE COUNTY ATTORNEY
ATTEST: DANNY L. KOLHAGE, CLERK 1kPPR° D AS ORM
I'Dit,
DEPUTY CLERK
APPROVED AS TO FORM:
County Attorney
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STAFF MEMO
TO: Monroe County Board of County Commissioners
FROM: Lisa Tennyson, Affordable Housing Coordinato
THROUGH: Reggie Paros, Division Director of Housing and Community Development
DATE: May 9, 2008
SUBJECT: Comprehensive Plan Amendment Transmittal Meeting: Proposed Gross Density
Text Amendment
MEETING DATE: May 23, 2008
1. Summary
This proposed text amendment will simplify density calculations for parcels to be developed or
redeveloped as affordable, workforce or employee housing. With this amendment, maximum
allowable density shall be calculated on the gross acreage or total square footage of a parcel,
without first subtracting the land area required for open space, setbacks and buffer areas. This
amendment does not preclude the requirements for open space, setbacks, 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 parcel, helping us to address our housing needs, incentivizing
affordable development and enhancing its financial feasibility, and in the case of county -owned
parcels for affordable housing development, maximizing the county's significant investment.
2. Background
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 ordinance. In January 2008, the Planning
Commission heard and approved the proposed ordinance.
On February 20, 2008, the BOCC heard this proposed ordinance. Much discussion related to
the language in the proposed ordinance that specifically indicated that projects incorporating 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
asking for a variance. Growth Management 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 language from the proposed text.
The modified ordinance was then approved by the BOCC, and is the version presented for the
May 23, 2008 transmittal meeting.
3. Staff Recommendation
Approval.
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RESOLUTION NO. 156 -2008
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AN ORDINANCE AMENDING MONROE COUNTY
YEAR 2010 COMPREHENSIVE PLAN POLICIES GOVERNING MAXIMUM
DENSITIES FOR AFFORDABLE AND WORKFORCE HOUSING
WHEREAS, the Board of County Commissioners held a public hearing on May 23, 2008,
for the purposes of considering the transmittal to the Florida Department of Community Affairs,
for review and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive
Plan; and
WHEREAS, the Board of County Commissioners makes the following findings of fact:
1. The Planning Commission held a public hearing on January 8, 2008,
and made recommendations to the Monroe County Board of County
Commissioners regarding the ordinance subject to transmittal to the Florida
Department of Community Affairs.
2. The proposed ordinance adopting changes to the Monroe County Year
2010 Comprehensive Plan will promote the County's efforts to provide affordable
and workforce housing for all residents of the Florida Keys.
NOW BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The Board of County Commissioners does hereby adopt the
recommendation of the Planning Commission to amend the Monroe County Year 2010
Comprehensive Plan.
Section 2. The Board of County Commissioners does hereby transmit the proposed
amendment to the Florida Department of Community Affairs for review and comment in
accordance with the provisions of Sections 163.3184 and 380.0552, Florida Statutes.
Section 3. The Monroe County staff is given the authority to prepare and submit the
required transmittal letter and supporting documents for the proposed amendment in accordance
with the requirement of 9J-11.0006 of the Florida Administrative Code.
Section 4. The Clerk of the Board is hereby directed to forward a copy of this
resolution to the Director of Planning and Environmental Resources.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 23rd day of May, A.D., 2008.
Mayor Mario DiGennaro Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy No
Commissioner George Neugent No
Commissioner Dixie Spehar Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MARIO DIGENNARO, MAYOR
$EAL?
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
APPROVED AS TO FORM:
County Attorney
MONROE COU ATTO— A� NEY
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