Item P10
BOARD OF COUNTY COM.MISSIONERS
AGENDA ITEM SUMl\1ARY
Meeting Date:
12/20/2006
Division:
County Attorney
Bulk Item: Yes
No xx
Department: County Attorney
Staff Contact Person: Bob Shillinger
AGENDA ITEM WORDING: Approval to schedule a closed session of the Board of County
Commissioners in the matter of Monroe County v. Department of Community Affairs, DOAH 06-
2856GM at the January 17, 2007 BOC~ meeting in Key West.
ITEM BACKGROUND: The BOCC unanimously passed Ordinance 015-2006 on April 19, 2006.
That ordinance provided for a density bonus for small units of affordable housing by creating a
definition for a "dwelling, half unit" . For purposes of density calculations, a dwelling unit is counted as
a halfumt ifit is a deed restricted affordable housing unit ranging in size from 400 to 750 square feet.
The Department of Community Affairs rejected the ordinance based upon a finding that it was
inconsistent with the County's comprehensive plan and the principals for guiding development in an
area of critical state concern. The County challenged DCA's rejection of the ordinance in the above-
referenced matter. That challenge is pending. Legal staff requests a closed session pursuant to F, S,
286.011(8) to discuss to settlement negotiations or strategy sessions related to litigation expenditures.
Present at the meeting will be the Commissioners, County Administrator Tom Willi, County Attorney
Suzanne Hutton and Chief Assistant County Attorney Bob Shillinger, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACTIAGREEMENTCHANGES: om
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
@$200.00
BUDGETED: Yes ~ No
COST TO COUNTY:
@$200.00
SOURCE OF FUNDS:
\'\
AMOUNTPERMONTH_ Year
REVENUE PRODUCING: Yes
No xx
APPROVED BY: County Atty _ OMB!Pu~chasing ~ Risk Management
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included xx
Not Required _
DISPOSITION:
AGENDA ITEM #
Revised 2/05
STATE OF FLORIDA _
DIVISION OF ADMINSTRATIVE HEARINGS
MONROE COUNTY,
Petitioner,
v,
CASE NO.
DCA Final Order No. DCA06-0R-157
FLORIDA DEPARTMENT OF
COM:MUNITY AFFAIRS,
Respondent.
/
PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS
Introduction
Monroe County, a political subdivision of the State of Florida, files this Petition
for Formal Administrative Proceedings pursuant to Sections 120.569 and 120.57(1),
Florida Statutes, to challenge the Final Order of the Department of Community Affairs
rejecting the Land Development Regulation adopted by Monroe County and states as
follows:
1. The challenged final order is: DCA06-0R~ 157, published in the Florida
Administrative Weekly, Volume 32, No. 28, July 14,2006.
2. The challenged final order rejects a land development regulation that seeks
to implement portions of the Monroe County CO,mprehensive Plan and
regulate land use and development within Monroe County.
3. This challenge is based on the consistency ofthe~ubject Land
Development Regulation (LDR) with Chapter pO, Florida Statutes, the
Area of Critical State Concern Act, and Florida Statutes, Section
125,01055 regarding Affordable Housing~ The regulation encourages and
allows the creation of more affordable housing by allowing a "dwelling
density bonus unit" and counting affordable dwelling units as half-units
for the purpose of density computation if less than 750 square feet.
4. Petitioner seeks an administrative determination overturning the Final
Order of the DCA on the basis that it is consistent with the requirements of
Chapter 380, Florida Statutes, and Florida Statutes Section 125.01055 for
the reasons stated below,
Identification of Petitioner and Other Parties
5. Petitioner, Monroe County, is a non-chartered county and a political
subdivision of the State of Florida, whose address is 500 Whitehead
Street, Key West, Florida 33040,
6, Respondent, Department of Community Affairs ("DCA") is a State agency
exercising powers granted to it by Section 380.05, Florida Statutes, to
approve or reject land development regulations that are enacted, amended,
or rescinded by any local government in the Florida Keys Area of Critical
State Concern ("ACSC"). DCA's address is 2555 Shumard Oak
Boulevard, Tallahassee, Florida 32399-2100,
Explanation of How Petitioner's Substantial Interests Are or Will be Affected
7. The Monroe County Board of County Commissioners has found that there
is a current lack of sufficient affordable housing~d a current estimated
unmet need of over 7,300 affordable units wit!I}n the County.
8. The Monroe County Board of County Commissioners has further found
that the lack of sufficient affordable hOUSing opportunities for the local
work force creates serious risk to the local economy.
2
9. The Monroe County Board of County Commissioners has found that a
limited land area suitable for residential development remains in the
County and allowing a density bonus when building affordable housing
will allow for the creation of more such housing and that such is a
legitimate governmental interest and proper to implement goals 101 and
601 of the Monroe County Comprehensive Plan (Policy 10 1.4; Policy
101.4.5.; Policy 601.1.12; and Objectives 601.2 and 601.6). The Land
Development Regulations in question specifically further Florida Statute
Section 163.3202(3) by implementing an innovative land development
regulation provisions such as transfer of development rights, incentive,
and inclusionary housing.
10. The Monroe County Board of County Commissioners has further found
that the Amendments to the LDRs in question specifically further Florida
Statute Section 125.01055 providing "that a County may adopt and
maintain in effect any law, ordinance, rule or other measure that is adopted
for the purpose of increasing the supply of affordable housing using land
use mechanisms such as inclusiona!)' housing o~dinances,"
11. If Monroe County is not allowed to utilize the Amendment to the LDRs in
question and similar regulations it will be inhibit~4 in its ability to increase
the supply of affordable housing within the co~ty and as such both the
County and its citizens will be "adversely affected",
12. Monroe County is a "substantially affected person" entitled to initiate this
proceeding in accordance with the Florida Administrative Procedure Act.
3
When and How Notice Was Received
13. Notice ofthe Final Order was received via publication in the Florida
Administrative Weekly, Volume 32, No. 28, July 14,2006.
14, This Petition is filed within 21 days of the publication of the Notice of
Final Order.
Statement of Material Facts Disputed and Alle~ed
15. Final Order No. DCA06-0R-157 (attached as "Exhibit A") rejects
Monroe County Ordinance No. 015-2006. (Attached as "Exhibit B"),
which Ordinance amends Section 9.5-4 (Definitions), Section 9.5-262
(Maximum Residential Density and District Open Space), and Monroe
County Section 9.5-352 (Required Parking).
a. Section 9_5-4 (D-31 (a)) adds a new definition to the Monroe
County Land Development Regulations of a "dwelling, density
bonus unit" and defines same to mean "the additional number of
dwelling half units that can be added to a site pursuant to means as
defined in Section 9.5-262 and shall be (one (1) or more rooms
physically arranged to create housekeepi~g establishment for
occupancy by one (1) family with separate toilet facilities. The
abbreviation'DDBU' shall mean 'dwellillg density bonus unit. ')."
b. Section 9.5-4 (D-31(b)~ creates a new 17finition of "dwelling half
unit" to mean a "deed restricted affordable housing unites) as
defined in MCC Section 9.5-4 (A':4-5) that range in size from 400
to 750 square feet which shall be considered one half (.5) of a
4
dwelling unit for the purposes of calculating density as laid out in
Section 9.5-262:'
c. Section 9,5-262 adds the following parenthetical allowance for
density calculations for deed restricted affordable or employee
housing units providing that units which range in size from 400 to
750 square feet shall be considered a dwelling half-unit as defined
above.
d. Section 9.5-352 creates a new category for required number of off
street parking spaces requiring that dwelling half-units are only
required to have 1.0 space per dwelling half unit as a minimal
number off street parking,
16. The Final Order of the DCA found the Ordinance in question to be
"inconsistent with the 2010 Monroe County Comprehensive Plan" in that
"The Plan does not address half allocations or density bonuses for half
allocations." Petitioner contends that the Ordinance in question is
consistent with the 2010 Monroe County Comprehensive Plan,
specifically;
(a) Goal 601 which states "Monroe County shall adopt programs
and policies to facilitate access by aJJ current and future
residents to adequate <tffordable 2,9using that is safe, decent
and structurally sound and that meets the needs of the
population based on type, tenure characteristics, unit size and
individual preferences."
5
(b) Policy 601.1.12 which states the County "shall adon! land
develonment ree:ulations which mav include density bonuses,
impact fee waiver progra.m, and other possible regulations to
encourage affordable housing." [Emphasis added]
(c) Section 7,2,2 of the Monroe County 2010 Comprehensive
Plan Technical Document provides for "special housing
needs." The Department of Community Affairs established
an affordable housing task force for the Florida Keys in
conjunction with the provision of technical assistance to
Monroe County and made specific recommendations to the
County to include regulatory reform to "explore and support
the concept of establishing a new zoning designation for
affordable housing. This could be handled as an overlay
zone combined with other zoning tools or by site specific
designations and/or special exceptions for specific sites,"
Other recommendations of the DCA's Task Force were as
follows:
(1) "Local ordinances should be adopted which ease land
development requirements and, construction regulations
to reduce the coSt of affordlble housing development."
(2) "The following incentives should be provided for
affordable housing projects and programs;
6
- Relaxation oftraffic study requirements
- Density relaxation"
(d) Section 7.3.2 of the Monroe County 2010 Comprehensive
Plan Technical Document further provides for strategies to
meet the diverse housing needs of Monroe County's
projected population to include:
(1) "A range ofresidentialland use categories shall be
utilized;
(2) "A variety of residential density shall be provided to
encourage the private sector to construct a variety of
housing unit types,"
(e) The Department of Community Affairs has failed to follow
the legislative intent of Florida Statute, Section 380.0552,
which designates the Florida Keys Area as an Area of
Critical State Concern and which granted the DCA the
authority to reject the Ordinance in question, specifically:
"(2) LEGISLATIVE INTENT - it ,is hereby declared
that it is the intent of the legislature is: . . .
(d) to provide for affordable housing in close proximity
to places of employment in the Florida Keys."
\,
17, (a) In rejection of the Ordinanc.e on the grounds that it was
.~
inconsistent with the principles for guiding de"felopment as set forth in
Florida Statutes, Section 380,0552(7) th~ Department of Community
Affairs has violated the specific intent of the legislature which states: "the
7
principles shall be construed as a whole and no specific provision shall be
construed or applied in isolation from the other provisions".
(b) Furthermore, one of the principles [F.S. ~380.055(7)G)] provides for
Monroe County: "0) To make available adequate affordable housing
for all sectors of the population of the Florida Keys."
(c) The Department of Community Affairs has selectively utilized
individual principles for guiding development without consideration of
the affordable housing crisis in Monroe County and the necessity for
implementation of ordinances adopted for the purpose of increasing
the supply of affordable housing.
18. The Department of Community Affairs has ignored Florida Statute
125.01055 which states:
Affordable housing - Notwithstanding any other provision of law, a
county may adopt and maintain in effect any law, ordinance, rule, or
other measure that is adopted for the purpose of increasing the supply
of affordable housing using land use mechanisms such as inc1usionary
housing ordinances.
Concise Statement of Ultimate Facts Alleeed
19. The Ordinance which adopted the Land Develop.ment Regulations which
were rejected by the Final Order of the Department are consistent with
Monroe County's approved and adopted 2010 Comprehensive Plan and is
specifically authorized by Florida statute Sectpn 125.01055 in order to
increase the supply of affordable housing within Monroe County.
Rules or Statutes Petitioner Contends Require Reversal or Modification of the
A2encv's Proposed Action
8
20. The Final Order violates the legislative intent as stated in Section 380.0552
and the principles for guiding development, Section 380,0552(7).
21. Florida Statutes Section 125.01055 specifically authorizes the County to enact
the Ordinance which has been rejected by the Department of Community
Affairs.
Relief Sou2ht bv Petitioner
WHEREFORE, it is respectfully requested that the Division of Administrative
Hearings conduct a formal administrative hearing on the issues raised in this Petition and
enter a Final Order determine the Final Order of the Department of Community Affairs to
be invalid for the reasons stated above.
Respectfully submitted this 21st day ofJuly, 2006.
Monroe County Attorney's Office
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
(305) 292-3516 (fax)
Suzanne A. Hutton, County Attorney
FBN: 336122
Robert B. Shillinger
Chief Assistant Cqunty Attorney
FBN: 058262 .
Shillinger-bob@monroecounty-fl.gov
J e , Sanders
ssistant County Attorney
9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by facsimile and U. S. Mail to the Secretary of the Department of Community
and its General Counsel at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100.
, '~
1/
10
DCA Final Order No.: DCA06-0R-157
In re:
STATE OF FLORIDA ._
DEPARTMENT OF COMMUNITY AF~~~ & ~ IT Wi rn rn
MONROE COUNTY LAND \
DEVELOPMENT REGULA nONS uti J U L - 5 2006 ~
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 015-2006
/
GROWTH rw'ANAGfMENT DIVISION'
..........:..;.. J .. . ~, . ~ "
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Pia, Stf!-t. (2005), rejecting a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local goverrunent within the Florida Keys Area,
2. On May 22, 2006, the Department received for review Monroe County Ordinance
No. 015-2006 ("Ord. 015-2006").
3, The fmal order for this Ordinance must be signed by July 20,2006.
4. The purpose of the Ordinance is to amend the definitions section of the Monroe
County Land Development Regulations to add "dwelling, density b9nus unit" and "dwelling,
half unit," to the definitions, thereby allowing an award to a site ifthe units are 750 square feet in
size,
\,
5. Ordinance 015-2006 is inconsistent with.the 2010 Monroe County
Comprehensive Plan. Sections 9,5-4(D-31)(a) ("dwelling, densit/bonus unit"), 9.5-4(D-31)(b)
("dwelling, half unit"), and 9.5-262 are inconsistent with Comprehensive Plan Policy 101.4.21,
Future Land Use Densities and Intensities, That policy describes development in terms of
dwelling units per acre. The plan does not address half allocations or density bonuses for half
EXHIBIT
I lff ) J
.
DCA Final Order No.: DCA06-0R-157
allocations, No basis has been established within the Comprehensive Plan for half of a dwelling
unit.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~ 380,05(6), Fla, Stat., and ~ 380.0552(9), Fla. Stat. (2005).
7, Monroe County is a local govenunent within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla, Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. S 380,031(8), Fla. Stat. (2005). The
regulations adopted by Oed. 015-2006 are land development regulations,
9. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in S 380,0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L,R. 1902 (Dec. 4, 1998), aff'd, 740 So, 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10, Ord. 015-2006 is inconsistent with the following Principles:
(a) To strengthen local government capabilities for rn.anaging land
use and development so that local government is able to
achieve these objectives witholJ.t the;.continuation of the area of
critical state concern designation. 11
(k) To provide adequate alternatives for the protection of public
safety and welfare in the event of a natural or manmade .
disaster and for a post disaster reconstruction plan,
(1) 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.
11. Ord, 015-2006 is inconsistent with the Principles for Guiding Development as a
2
DCA Final Order No.: DCA06-0R-157
who Ie.
12. Ordinance 015-2006 is inconsistent with the 2010 Monroe County Comprehensive
Plan.
WHEREFORE, IT IS ORDERED thafOrd. 015-2006 is found to be inconsistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
CYD ER
State PI . g Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.' '~
1/
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TrVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120,57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
3
DCA Final Order No.: DCA06-0R-157
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT1S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTlFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FIND~GS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRlTTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET 1;'HE FILING REQUIREMENTS IN RULE 28-
106.1O4(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
"
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMiNISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER. .
4
DCA Final Order No.: DCA06-0R-lS7
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true orrecl9~e been furnished
to- the persons listed below by the method indicated this yo. ~006.
Bv U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagency Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
\,
'.
.l/
5
ORDINANCE NO. .JU1 - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADDING TO EXISTING
DEFINiTIONS (Sec. 9.5-4); AMENDING MAXIMUM
RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE (See.9.S.
262) TO ALLOW FOR DENSITY BONUSES FOR AFFORDABLE
UNITS OF 750 SQ. FT. OR LESS; AMENDING REQUIRED
PARKING (Sec~ 9.Sw352); AMENI)lNG AND/OR ADDING FOR
CONSISTENCY PURPOSES RELATED PROVISIONS;
PROVIDING FOR SEVERAlJILln' ANn REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Board of County Commissioners bas considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel. and other matters., and;
WHEREAS, the Board of County Commissioners makes the following Findings
of Fsct:
1. The lack of sufficient affordable bousing opportunities for the local -
workforce creates $erious risks to the local economy.
2. There is limited land area suitable for residential development remaining
in the County.
3. There is a current e$timawd unmet need of about 7.317 affordable units
the County.
4. Allowing a density bonus will allow furlbe creation of more affordable
housing under the Code, is a legitimate state interest and is proper to implement Goals
101 and 601 of theplnn (e.g., Objective 101.4; Policy 101.4.5; Policy 601.1.12 and
Objectives 601.2 and 60 1.6).
5. 'n1(~se amendments to the land development regulations are appropriate in
that they recognize the need for additional detail and eomprehensiveness in addressing
housing needs in Monroe CQunty, based upon, among other factors. new issues. including
accelerated conversion of existing affordable housitig stoc~ inor~.ased housing pres....ures
due to hou,'l-ing toss caused by Hurricane Wilma, and the changed projections and
nssumptiollsregarding resulting demographic. trends.
J.I
6. These amendments IO the land development regulations specifically
further Fla. Stat. ~ 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights. inccnti:'c and inclusionat}' housing,
1, These amendmems to the land development regulatiuns are necessary th
ensure Ghut, dcsphe the limited availability of developable lands, the County's existing
and future housing stock includes adequate affordable housing opportunities.
EXHIBIT
I J B )>
S. The proposed amendment...:; to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
NOW~ THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TIlE 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:
Sedion 1.
Add See.. 9.54(O-31)(a) as follows:
(D-31)(8) Dwelling, density bonus unit means 1be additi(l1Ul\ number of dwelling
half units that can be added to a site pursuant to tbe means as defined in Section 9.5-
262"'''' and shall be one (1) Or more rooms physically arranged 10 create a housekeeping
establil>bment for occupancy by one (1) family with separate toilet facilities. The
abbreviation HDDBl}" shall mean "dwelling density bonus unit",
Section 2.
Add Sec. 9.5~4(D-31 ) (b) as follows:
(0-31 )(b) Dwelling. half fmil means deed restricted affordable housing units as
defined in MCC ~ 9.5-4 (A-4-5) that range in size from 400 to 7$0 square teel which
shall be considered one-half (.5) of a dweIHng unit for the purpose of calculating density
as laid out in ~95-262**.
Section 3,
Amend cbari rows of Sec. 9.5-.162 and add Urow as (ollows:
MuimuDl residential density and district open .lIpaee.*~
.
Land use district Allocated density Maximum net density Open space
DUlacre DUlbllIidable area ro(fo*
Urban Residential 6.0 12.0 0.2
(Affordable and 6.0 25.0" 0.2
Employee housing)
Suburban Commercial 3.0 6.0 \\ 0.2
(Affordable and -
3.0 18.0.* 0.2
Employee housing) J/
Mixed Use 1.0 11200 -
0.2
(Affordable and to 0.2
Employee housing) l~:O**
"'~ For the purposes of these density calculations ,,"mly, notwithstanding the definition of a
dwelling unit as defined in ~9.5-4 {D-3l}, deed reslriclcd atl'ordable or employee housing
Ul1its (a.Il;. detillcd in MCCS~9.5"(AM4-5) and {E-l), respectively), in the ~s;.~ ~J_{J and ~l~
2
tHud use dislricts tbat range in size from 400 to 750 square teet shall be considered a
dwelling half unil, An equal number of additional dwel/ing half UI1Jt(.f) shall he tlvailllble
for eac11 dwelling half unit provided. The additional dwelling half units shall be defined
as dwelling density bonus unit(1)').
Section 4.
Amend Section 9.5~352 by adding row as follows:
(0) Required Number of Off-Street Parking Spaces; The following is the number of
parking spaces to be provided for each use:
TABLE INSET~
Specific Use Category
})welling half units
Minimwn Required Number of Spaces
1.0 spaces pel' dwelling hatf unit
SeetioJ} 5. SCWtl1lbUiW.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shaUbe adjudged by !lny court of competent jurisdiction to be invalid, sUilh judgment
shall not affect, impair. invalidate, or nullify the remainder of this Ordinance. but the
effeot theroof shall be confined t() the seetiQt1, paragraph,. subdivision. clause, sentence or
provision immediately involved in the controversy in which such judgment Or decree
shtdl be rendered.
Section 6. Conflicttoe: ProvisloQIiI.
In the case of direct confUctbctween any provision of this ordinaoce and a portion or
provision of any appropriate federal. state or <<Iunty law. rule, t.'Ode or regulation. the
more restrictive shall apply.
Section 7. Transmittal
This ordinance shaU be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affalts to detennine the
consistency of this ordinance with the Florida Stat~.!C5 and as required by F.S. 380.05(6)
and (I 1). . j/
Section 8. Filine:
This ordinance shall be filed in the Office of the Secretary' of State of Florida but shall
not hecome effective until a notice is issued by the Department ofCommunlty Atrairs or
Administration Commission approving the ordinance,
.3
Section 9. Effectjxe D~~.
This ordinance shall beeome effective as provided by law and stated above. Where
Comprehensh'c Plan a.mendments may be r-equircd in order far any part of this ordinance
to be deemed consistent with the Comprehensive Plan, tbe effective date of such part
shaH be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Boord of COWIty Commissioners of Monroe County,
Flarida. ata reguJarmeeting held on the 19th day of April, 2006.
Mayor Charles "Sarmy" McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Yes
Vacant--
Yea
. _ Yes
Yes
BOARD OF COUNTY
OFMONROECOUN
BY:
:x 0 if .."
<::)
% ". F
sn$E 51' m
rrl~""~ -< 0
r". 1"- '"T'I
00' 0 .;:;;)
c: -;>:; ::0
~;:oc ." ::0
-o(n'- 3: tn
\'; ;<~2: (."')
..... ,- - (;)
r- c:l .. :l;)
. :::> t"f1 .c- o
JJ """
APPROVED AS TO FORM:
County Attorney
4