Item P01 PI
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
April 17, 2024
Agenda Item Number: P1
2023-2325
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING:
A Public Hearing to Consider an Ordinance by the Monroe County Board of County Commissioners
Approving an Amendment to Monroe County Land Development Code Section 139-1(f)
(Nonresidential Inclusionary Housing Requirements) to Revise the List of Exemptions and Waivers
from Non-Residential Inclusionary Housing Requirements Including But Not Limited to Provide for
Limited Exemptions to the Monroe County Land Development Code's Nonresidential Inclusionary
Housing Requirements.
ITEM BACKGROUND:
The Monroe County Planning and Environmental Resources Department ("Department" is proposing a
text amendment to the Monroe County Land Development Code ("LDC" or "Code") to amend LDC
Chapter 139, Section 139-1(f), to revise the list of exemptions and waivers from non-residential
inclusionary housing requirements including but not limited to exempt up to 1,000 square feet of new
development or up to 1,000 square feet of existing area(s) with a change of use category from the
nonresidential inclusionary housing requirements.
Florida Statutes Section 125.01055 states as follows: "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 inclusionary housing or linkage fee ordinances."
On April 13, 2016, the Monroe County Board of County Commissioners ("BOCC", "Monroe County",
or the "County") adopted the 2030 Comprehensive Plan which includes Policy 601.1.13 in the Housing
Element which states, "Monroe County shall maintain land development regulations on inclusionary
housing and shall evaluate expanding the inclusionary housing requirements to include or address
3618
nonresidential and transient development and redevelopment based on specific data and analysis."
On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021, which included
amendments to LDC Chapter 139-1 to incorporate nonresidential and transient inclusionary housing
requirements by providing regulations regarding the provision of affordable housing for the
development and redevelopment of nonresidential and transient uses. The BOCC has held public
hearings to consider several requests for waivers to the new nonresidential inclusionary housing
requirements. On July 19, 2023, the BOCC directed the Planning and Environmental Resources
Department to process an amendment to LDC Section 139-1(f) that would exempt up to the first 1,000
square feet of new nonresidential development and/or change of use category from the nonresidential
inclusionary housing requirement in addition to the current exemptions.
The Monroe County Land Development Code defines Inclusionary Housing as "the resulting
affordable and/or employee housing and/or workforce housing created or preserved with the
development and/or redevelopment of a parcel where provisions of approved development agreements
or orders implement and promote affordable and/or employee housing and/or workforce housing goals,
objectives and policies contained in the plan by requiring set-asides for affordable and/or employee
housing and/or workforce housing units."
Please see the attached professional staff report of the Monroe County Planning and Environmental
Resources Department for complete analysis.
PREVIOUS RELEVANT BOCC ACTION:
On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021 adopting amendments to
the Monroe County Land Development Code to amend Section 101-1 affordable housing definitions by
creating a definition for area median income, workforce and workforce housing; and amendments to
Chapter 139-1 to clarify the affordable and employee housing administration, to incorporate
nonresidential and transient inclusionary housing requirements by providing regulations regarding the
provision of affordable housing for the development and redevelopment of nonresidential and transient
uses; modifying the linkage provisions; amending and/or adding for consistency purpose related
provisions.
On July 19, 2023, the BOCC directed the Planning and Environmental Resources Department to process
an amendment to Land Development Code Section 139-1(f) that would exempt up to the first 1,000
square feet of new nonresidential development and/or change of use category from the nonresidential
inclusionary housing requirement in addition to the current exemptions.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
n/a
3619
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
Ordinance.pdf
2023-196—BOCC—SR-04.17.24.docx
FINANCIAL IMPACT:
n/a
3620
-n
{r
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2024
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 139-1(F) NONRESIDENTIAL
13 INCLUSIONARY HOUSING REQUIREMENTS, TO REVISE THE LIST
14 OF EXEMPTIONS AND WAIVERS FROM APPROVED AND ADOPTED
15 NON-RESIDENTIAL INCLUSIONARY HOUSING REQUIREMENTS,
16 INCLUDING BUT NOT LIMITED TO PROVIDE FOR LIMITED
17 EXEMPTIONS TO THE NONRESIDENTIAL INCLUSIONARY
18 HOUSING REQUIREMENT(S); PROVIDING FOR SEVERABILITY;
19 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
20 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
21 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
22 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN
23 EFFECTIVE DATE.
24
25
26 WHEREAS, on February 17, 2021, the Board Of County Commissioners ("Monroe County",
27 the "County", "BOCC", or "Board") passed and adopted BOCC Ordinance No. 001-2021 adopting
28 amendments to the Monroe County Land Development Code ("LDC" or "Code")) to amend Section
29 101-1 affordable housing definitions by creating a definition for area median income, workforce and
30 workforce housing; and amendments to LDC Chapter 139-1 to clarify the affordable and employee
31 housing administration, to incorporate nonresidential and transient inclusionary housing requirements
32 by providing regulations regarding the provision of affordable housing for the development and
33 redevelopment of nonresidential and transient uses; modifying the linkage provisions; amending and/or
34 adding for consistency purpose related provisions; and
35
36 WHEREAS, on July 19, 2023, the BOCC directed the Planning and Environmental Resources
37 Department to amend Land Development Code Section 139-1(f) to provide for limited exemptions to
38 the nonresidential inclusionary housing requirement; and
39
40 WHEREAS, a community meeting was duly held on November 9, 2023, to provide for public
41 input in accordance with LDC Section 102-159(b)(3); and
42
43 WHEREAS, the Monroe County Development Review Committee ("DRC") considered the
44 proposed text amendment at a regularly scheduled meeting held on the 19th day of December, 2023; and
45
46 WHEREAS, execution of DRC Resolution No. 23-23 followed on December 21, 2023, which
47 recommended APPROVAL of amendment to Land Development Code Section 139-1(f)to provide for
48 limited exemptions to the nonresidential inclusionary housing requirement(s); and
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I WHEREAS,the Monroe County Planning Commission held a public hearing on the 281h day of
2 February, 2024, for review and recommendation on said proposed Land Development Code text
3 amendment; and
4
5 WHEREAS, on February 28, 2024, the Planning Commission adopted Resolution No. PO4-24,
6 recommending approval of said proposed amendment to the Land Development Code amending Section
7 139-1(f); and
8
9 WHEREAS, at a regularly scheduled meeting held on 17'h of April, 2024, the Monroe County
10 BOCC held a duly noticed public hearing, considered the Monroe County Planning and Environmental
11 Resources Department's professional staff report and recommendations accompanying this proposed
12 text amendment to the Monroe County Land Development Code, and provided for public comment and
13 public participation; and
14
15 WHEREAS, based upon the documentation submitted and information provided, including but
16 not limited to the documentation and information furnished in Monroe County Planning and
17 Environmental Resources Department's professional staff report,the BOCC hereby enters the following
18 findings of fact and conclusions of law:
19 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe
20 County Year 2030 Comprehensive Plan; and
21 2. The proposed amendment is consistent with the Principles for Guiding Development for the
22 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
23 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
24 4. The proposed amendment will not result in an adverse community change to the planning
25 area in which the proposed development is located or to any area in accordance with a Livable
26 CommuniKeys master plan pursuant to findings of the BOCC; and
27 5. The proposed amendment is a necessary adjustment in light of recognition of a need for
28 additional detail or comprehensiveness, as required to change the text of the Land
29 Development Code in accordance with Section 102-158 of the Monroe County Code.
30
31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
32 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
33
34 Section 1. The text of the Monroe County Land Development Code is hereby amended as follows
35 (Deletions are shown st+i e t4-etig,; additions are shown underlined):
36
37 *****
38
39 Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
40 Sec. 139-1. Affordable and Employee Housing; Administration.
41 (f) Nonresidential Inclusionary housing requirements.
42 ...
43 (3) Applicability. Except as provided in subsection (4) of this section, the nonresidential
44 inclusionary housing requirements set forth below shall apply. This will be accomplished by
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I requiring workforce housing be provided for all new development and expansions in an
2 amount proportionate to the need for affordable workforce housing that the nonresidential
3 and transient uses create.Expansion as used in this section means extending a use or structure
4 to occupy a greater amount of floor area or square footage beyond that which it occupied.
5 Determinations regarding the applicability of this subsection shall be made by the Planning
6 Director. The applicant shall provide the necessary information to determine compliance with
7 the nonresidential inclusionary housing requirements on the forms prescribed by the Planning
8 Director. For purposes of calculating the number of affordable workforce housing units
9 required by this subsection, density bonuses shall not be counted, and only fractional
10 requirements equal to or greater than 0.5 shall be rounded up to the nearest whole number.
11 a. New Development. Each new development project not exempted by subsection (4), shall
12 mitigate 50% of the workforce housing demand created by the proposed development
13 by one or a combination of the methods identified in subsection (5).
14
15 b. Redevelopment With An Expansion. Each redevelopment project not exempted by
16 subsection (4), shall mitigate 50% of the workforce housing demand created by the
17 proposed redevelopment by one or a combination of the methods identified in subsection
18 (5). The workforce housing required for nonresidential development when an existing
19 use is expanded shall be calculated based on the incremental increase is size of the
20 existing use (net additional square footage).
21
22 c. Redevelopment With A Change In Use Increasing Housing Demand. Each redevelopment
23 project with a change of use increasing housing demand, not exempted by subsection
24 (4), shall mitigate 50% of the workforce housing demand created by the proposed
25 redevelopment by one or a combination of the methods identified in subsection (5). The
26 workforce housing required for nonresidential development when a new use replaces an
27 existing use and increasing housing demand (for example from an industrial use to an
28 office use) shall be calculated based on the square footage proposed for conversion
29 and/or based on the incremental increase in size of the new uses (if any).
30
31 d. Unspecified Use. If a proposed development project does not fall within one of the
32 specific use categories in the table within subsection(5),then the Planning Director shall
33 determine whether the use is comparable to a use category listed and assign a category
34 or may allow the applicant to conduct an independent calculation to determine the
35 appropriate affordable workforce housing inclusionary requirement. If the applicant
36 chooses to propose an independent calculation, the following applies:
37 1. An independent calculation shall require a public meeting with the Board of County
38 Commissioners to determine if there is a mutually agreeable approach to the calculation
39 prior to the application proceeding to the Development Review Committee for review.
40 The review of the independent calculation will not be scheduled as a public hearing, but
41 as a public meeting during which the BOCC may offer their input and direction and the
42 public may have input on the proposed methodology and calculation.
43 2. The applicant shall use generally accepted principles and methods and verifiable local
44 information and data,and other appropriate materials to support the employee generation
45 data and housing demand calculated.
46 3. The BOCC may agree or disagree with the independent calculation for mitigation
47 based on generally recognized principles and methodologies of impact analysis and the
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3623
I accuracy of the data, information, and assumptions used to prepare the independent
2 calculation.
3 4. Each development project subject to an independent calculation and not exempted by
4 subsection (4), shall mitigate 50% of the demand for workforce housing created by the
5 development.
6
7 (4) Exemptions and waivers.
8 a. The following uses shall be exempt from the nonresidential inclusionary housing
9 requirements set forth in subsections (f)(3) and(5) of this section:
10 1. Affordable housing developments; and
11 2. Residential developments; and
12 3. Nursing homes, assisted care living facilities, and retirement homes; and
13 4. Mobile home and manufactured home parks and subdivisions; and
14 5. Public facilities and public uses limited to home parks and subdivisions; and
15 6. Airport uses; and
16 7 n Ittises; *
17 8-7. The new development, redevelopment, remodeling, repair, change to a different use
18 category or cumulative expansion of a la fi"y est blis e a nonresidential use that does
19 not establish or increase the area of the nonresidential use by more than 1,000 square feet
20 of gross floor area or area of use and toe tise is not eha*ged to a different tise tege,
21 This exemption is not required to be utilized in whole or limited to a single building
22 permit application; however cumulatively, an individual property shall not receive an
23 exemption for any more than 1,000 square feet of gross floor area or area of use after
24 April 17, 2024.
25
26 *****
27
28 Section 1. Title,Recitals,Legislative Purpose and Intent. The foregoing title,recitals, findings of
29 fact, and conclusions of law are true and correct and are hereby incorporated as if fully
30 set forth herein.
31
32 Section 2. The Monroe County Board of County Commissioners ("BOCC") hereby accepts,
33 approves, and adopts all of the analysis, findings of fact, conclusions of law, and
34 recommendation(s) in the April 2, 2024-dated Monroe County Planning and
35 Environmental Resources Department professional staff report accompanying this BOCC
36 agenda item, prepared by Monroe County Planning and Environmental Resources
37 Department Assistant Director of Planning Cheryl Cioffari, A.LC.P., Monroe County
38 Planning and Environmental Resources Department Planning and Development Review
39 Manager Devin Tolpin, A.LC.P., C.F.M., jointly with Monroe County Planning and
40 Environmental Resources Department Senior Director Emily Schemper, A.LC.P., and
41 hereby accepts, approves, adopts, and incorporates by reference that Department
42 professional staff report, inclusive of its determinations of fact and law and its
43 recommended text amendment, as if fully set forth herein.
44
45 Section 3. Construction and Interpretation. The interpretation of this Ordinance, and all
46 provisions of the Monroe County Codes, Comprehensive Plan, floodplain management
47 regulations, Florida Statutes, and Florida Building Code whose interpretation arises out
48 of, relates to, or is interpreted in connection with this Ordinance, these being necessary
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I for the health, safety, and welfare of the residents of and visitors to unincorporated
2 Monroe County, shall be liberally construed in favor of Monroe County, and such
3 interpretations shall be entitled to great weight in adversarial administrative proceedings,
4 at trial, and on appeal.
5
6 Section 4. Severability. If any provision of this Ordinance, or any part or portion thereof, is held to
7 be invalid or unenforceable by any administrative hearing officer or court of competent
8 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
9 thereof,shall neither limit nor impair the operation,enforceability,or validity of any other
10 provision of this Ordinance, or any remaining part(s) or portion(s) thereof. All other
11 provisions of this Ordinance, and remaining part(s) or portion(s) thereof, shall continue
12 unimpaired in full force and effect.
13
14 Section 5. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance are
15 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
16 repeal the repealing clause of such ordinance or revive any ordinance which has been
17 repealed thereby.
18
19 Section 6. Transmittal. This Ordinance shall be transmitted to the Florida State Land Planning
20 Agency pursuant to Chapter 163 and 380, Florida Statutes.
21
22 Section 7. Filin2 and Effective Date. This Ordinance shall be filed in the Office of the Secretary
23 of State of Florida, but shall not become effective until a notice is issued by the Florida
24 State Land Planning Agency or Administration Commission finding the amendment in
25 compliance with Chapter 163, Florida Statutes, and if challenged until such challenge is
26 resolved.
27
28 Section 8. Effective Date. This Ordinance shall become effective as provided by law and stated
29 above.
30
31 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
32 33 at a regular meeting held on the 17th day of April, 2024.
34 Mayor Holly Merrill Raschein
35 Mayor Pro Tem James K. Scholl
36 Commissioner Craig Cates
37 Commissioner Michelle Lincoln
38 Commissioner David Rice
39
40 BOARD OF COUNTY COMMISSIONERS
41 OF MONROE COUNTY, FLORIDA
42
43 By:
44 MAYOR HOLLY MERRILL RASCHEIN
45 (SEAL) MONROE C,O Y °tT i
46 ATTEST: KEVIN MADOK, CLERK 9 TO FAR
47P
48 w
.. ..m. . ,,, �m.PETERI
49 By: ASSISTANT" OU T°�ATTORNEY
50 AS DEPUTY CLERK Date. 4/2/24
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� :zlff
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
From: Devin Tolpin, AICP, CFM, Planning and Development Review Manager; and
Cheryl Cioffari, AICP, Assistant Director of Planning
Date: April 2, 2024
Subject: An ordinance by the Monroe County Board of County Commissioners amending Monroe
County Land Development Code Section 139-1(f) Nonresidential Inclusionary Housing
Requirements, to provide for limited exemptions to the nonresidential inclusionary
housing requirement(File 2023-196)
Meeting: April 17, 2024
I. REQUEST
The Monroe County Planning & Environmental Resources Department is proposing a text amendment
to the Monroe County Land Development Code to amend Chapter 139, Section 139-1(f), to exempt up
to 1,000 square feet of new development or up to 1,000 square feet of existing area(s) with a change of
use category from the nonresidential inclusionary housing requirement.
II. BACKGROUND INFORMATION
Section 125.01055, F. S., 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 inclusionary
housing or linkage fee ordinances."
On April 13, 2016, the Monroe County Board of County Commissioners (BOCC) adopted the 2030
Comprehensive Plan which includes Policy 601.1.13 in the Housing Element which states, "Monroe
County shall maintain land development regulations on inclusionary housing and shall evaluate
expanding the inclusionary housing requirements to include or address nonresidential and transient
development and redevelopment based on specific data and analysis."
The Monroe County Land Development Code defines Inclusionary Housing as "the resulting affordable
and/or employee housing and/or workforce housing created or preserved with the development and/or
redevelopment of a parcel where provisions of approved development agreements or orders implement
and promote affordable and/or employee housing and/or workforce housing goals, objectives and
BOCC SR 04.17.24 Page 1 of 8
File No. 2023-196
3626
policies contained in the plan by requiring set-asides for affordable and/or employee housing and/or
workforce housing units. "
Relevant Prior County Actions
On February 17, 2021, the BOCC passed and adopted Ordinance No. 001-2021 adopting amendments to
the Monroe County Land Development Code to amend Section 101-1 affordable housing definitions by
creating a definition for area median income, workforce and workforce housing; and amendments to
Chapter 139-1 to clarify the affordable and employee housing administration, to incorporate
nonresidential and transient inclusionary housing requirements by providing regulations regarding the
provision of affordable housing for the development and redevelopment of nonresidential and transient
uses; modifying the linkage provisions; amending and/or adding for consistency purpose related
provisions.
On July 19, 2023, the BOCC directed the Planning and Environmental Resources Department to process
an amendment to Land Development Code Section 139-1(f) that would exempt up to the first 1,000
square feet of new nonresidential development and/or change of use category from the nonresidential
inclusionary housing requirement in addition to the current exemptions.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on November 9, 2023,
via Zoom to provide for public input. There were no members of the community in attendance at this
meeting.
Development Review Committee and Public Input
The Development Review Committee (DRC) considered the proposed amendment at a regular meeting
on December 19, 2023, and provided for public input. On December 21, 2023, the Chair of the DRC
signed DRC Resolution No. 23-23, recommending APPROVAL of the proposed amendment to the Land
Development Code.
Planning Commission and Public Input
On February 28, 2024, the Planning Commission considered the proposed amendment, provided for
public input and recommended approval through Resolution PO4-24.
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The proposed text as directed by the BOCC on July 19, 2023, is shown as follows: additions are
umlcfluticcl and deletions are ,,�F�eliefi fllFo�ll k.
Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
Sec. 139-1. Affordable and Employee Housing; Administration.
(f) Nonresidential Inclusionary housing requirements.
BOCC SR 04.17.24 Page 2 of 8
File No. 2023-196
3627
(3) Applicability. Except as provided in subsection (4) of this section, the nonresidential
inclusionary housing requirements set forth below shall apply. This will be accomplished by
requiring workforce housing be provided for all new development and expansions in an
amount proportionate to the need for affordable workforce housing that the nonresidential and
transient uses create. Expansion as used in this section means extending a use or structure to
occupy a greater amount of floor area or square footage beyond that which it occupied.
Determinations regarding the applicability of this subsection shall be made by the Planning
Director. The applicant shall provide the necessary information to determine compliance with
the nonresidential inclusionary housing requirements on the forms prescribed by the Planning
Director. For purposes of calculating the number of affordable workforce housing units
required by this subsection, density bonuses shall not be counted, and only fractional
requirements equal to or greater than 0.5 shall be rounded up to the nearest whole number.
a. New Development. Each new development project not exempted by subsection (4), shall
mitigate 50% of the workforce housing demand created by the proposed development by
one or a combination of the methods identified in subsection (5).
b. Redevelopment With An Expansion. Each redevelopment project not exempted by
subsection (4), shall mitigate 50% of the workforce housing demand created by the
proposed redevelopment by one or a combination of the methods identified in subsection
(5). The workforce housing required for nonresidential development when an existing use
is expanded shall be calculated based on the incremental increase is size of the existing
use (net additional square footage).
c. Redevelopment With A Change In Use Increasing Housing Demand. Each redevelopment
project with a change of use increasing housing demand, not exempted by subsection (4),
shall mitigate 50% of the workforce housing demand created by the proposed
redevelopment by one or a combination of the methods identified in subsection (5). The
workforce housing required for nonresidential development when a new use replaces an
existing use and increasing housing demand (for example from an industrial use to an
office use) shall be calculated based on the square footage proposed for conversion
and/or based on the incremental increase in size of the new uses (if any).
d. Unspecified Use. If a proposed development project does not fall within one of the
specific use categories in the table within subsection (5), then the Planning Director shall
determine whether the use is comparable to a use category listed and assign a category or
may allow the applicant to conduct an independent calculation to determine the
appropriate affordable workforce housing inclusionary requirement. If the applicant
chooses to propose an independent calculation, the following applies:
1. An independent calculation shall require a public meeting with the Board of County
Commissioners to determine if there is a mutually agreeable approach to the calculation
prior to the application proceeding to the Development Review Committee for review.
The review of the independent calculation will not be scheduled as a public hearing, but
as a public meeting during which the BOCC may offer their input and direction and the
public may have input on the proposed methodology and calculation.
2. The applicant shall use generally accepted principles and methods and verifiable local
information and data, and other appropriate materials to support the employee generation
data and housing demand calculated.
BOCC SR 04.17.24 Page 3 of 8
File No. 2023-196
3628
3. The BOCC may agree or disagree with the independent calculation for mitigation
based on generally recognized principles and methodologies of impact analysis and the
accuracy of the data, information, and assumptions used to prepare the independent
calculation.
4. Each development project subject to an independent calculation and not exempted by
subsection (4), shall mitigate 50% of the demand for workforce housing created by the
development.
(4) Exemptions and waivers.
a. The following uses shall be exempt from the nonresidential inclusionary housing
requirements set forth in subsections (f)(3) and(5) of this section:
1. Affordable housing developments; and
2. Residential developments; and
3. Nursing homes, assisted care living facilities, and retirement homes; and
4. Mobile home and manufactured home parks and subdivisions; and
5. Public facilities and public uses limited to home parks and subdivisions; and
6. Airport uses; and
A L'�6 j&j~j:@ j� WM.e.M 'IVI(I
� 7.,,. The uiew �fl���:.�V����au��,.��„�;, redevelopment, remodeling, repair, cl���:u....�� u�2.. (fludde.:rew use
c Flu e goo[! or cumulative expansion of alawftilly establishe nonresidential use that does
not emHV„
. or increase the area of the nonresidential use by more than 1,000 square feet
of gross floor ! 4, yllµp � e p ( � p IpI rt � ! ? p rc W.rc 'P� �4 V A�A&'��� ��0.. ����,�iM"N'iv A M,�������'��.�� 0..�.4��A A a 0..���.������.� N,� 4������b�'4+�0.. ���� q� �P'b�, �4��0..�'�'�����Ayia,.
.. �r � i
area ���rr ���rr'�� �� �� .
rW� ..�Mlpfiwul u . uiofi Leg!Jre:.cfl to be ufflu. ecfl uui... wVio�..
or �uadtecfl....to 'I .:utlgd� h!!! kfitu
1[,?pV�glfiog' however cuaw bltl veVy.,,.. M uticl ucflu�.." � rr � "rr � � tiot ee e e °q
�LMa �1'21u tl fs2 'M.y fill' u....1 ,000....sg!j ire 1'ect of floor ire i..or ire i of use ifteirr
� 7 2024.
IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
N/A
4. New issues;
N/A
BOCC SR 04.17.24 Page 4 of 8
File No. 2023-196
3629
5. Recognition of a need for additional detail or comprehensiveness; or
The 2017 `Affordable Workforce Housing Support Study for Non-residential Development' by
Clarion Associates, identified the need nonresidential development creates for affordable
housing in the County. The study evaluated the linkage between (1) employment generated by
the construction of non-residential development, and (2) the employment that occurs at non-
residential development after the construction is completed (post-construction activities). The
analysis demonstrated there is a need created by nonresidential development for affordable
housing, and the study quantified the need both in terms of affordable housing units (or a
fraction thereof) and monetary housing assistance that could address the need for affordable
housing.
On February 17, 2021, the BOCC amended the text of the Land Development Code through
Ordinance No. 001-2021. This amendment included the incorporation of nonresidential and
transient inclusionary requirements, implementation of the study support data and the BOCC
direction to develop inclusionary requirements pursuant to Policy 601.1.13 of the
Comprehensive Plan. Land Development Code Section 139-1(f)(4)(a)was adopted through this
ordinance, which described the uses that shall be exempt from the nonresidential inclusionary
housing requirements. The adopted exemptions included the following:
8. The redevelopment, remodeling, repair or cumulative expansion of a lawfully
established nonresidential use that does not increase the area of the nonresidential use
by more than 1,000 square feet of gross floor area and the use is not changed to a
different use category.
As indicated above, the adopted text of LDC Section 139-1(f)(4)(a)8, does not exempt the first
1,000 square feet of new nonresidential development nor does it include an exemption for the
change of use category of existing nonresidential area that is up to 1,000 square feet.
At the adoption hearing, for the purpose of highlighting applicability, it was discussed that only 5
privately proposed development projects (building permit applications) would have triggered the
nonresidential inclusionary housing requirement from the years 2015 through 2020. As of
October 2023, approximately 12 privately proposed development projects (building permit
applications) have been required to comply with LDC Section 139-1(f) since the nonresidential
inclusionary housing requirement became effective (Ordinance No. 001-2021, made effective on
May 21, 2021). Five out of the 12 projects have been granted either a reduction of the mitigation
requirement or total waiver by the BOCC in accordance with LDC Section 139-1(f)(4)b.
While the need for affordable housing that is generated by new development and use changes is
still present, the BOCC and Staff have identified a need to include up to the first 1,000 square feet
of these uses in the exemptions in order to support the continued utilization of existing structures
(through exempting up to 1,000 square feet when uses are changed) and the small-scale
incremental growth of nonresidential development(through exempting up to 1,000 square feet of
new nonresidential development).
6. Data updates;
N/A
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In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a Livable CommuniKeys master plan pursuant to findings of the board of county
commissioners.
The proposed text amendment is not anticipated to result in an adverse community change.
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN AND THE
PRINCIPLES FOR GUIDING DEVELOPMENT
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan. Specifically,it furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
Objective 101.4: Monroe County shall regulate nonresidential development to maintain a balance
of land uses to serve the needs of the future population of Monroe County.
Objective 101.5: Monroe County shall regulate future development and redevelopment to
maintain and enhance the character of the community and protect natural resources by providing
for the compatible distribution of land uses consistent with the designations shown on the Future
Land Use Map. [F.S. § 163.3177(6)(a)]
Goal 105: Monroe County shall maintain a comprehensive land acquisition program and smart
growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that
recognizes the finite capacity for new development in the Florida Keys by providing economic
and housing opportunities for residents without compromising the biodiversity of the natural
environment and the continued ability of the natural and man-made systems to sustain livable
communities in the Florida Keys for future generations.
Policy 105.1.3: Monroe County shall, through its development standards and Land Development
Code, continue to foster the retention and redevelopment of small businesses on the U.S.1.
Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to
adequate and affordable housing 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.
Objective 601.1: Monroe County shall implement the following defined policies to reduce
estimated affordable housing need for households in the very low, low, median and moderate
income classifications.
Policy 601.1.9: Monroe County shall maintain land development regulations which may include
density bonuses, impact fee waiver programs, and other possible regulations to encourage
affordable housing.
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Policy 601.1.13: Monroe County shall maintain land development regulations on inclusionary
housing and shall evaluate expanding the inclusionary housing requirements to include or address
nonresidential and transient development and redevelopment based on specific data and analysis.
Objective 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
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local government is
able to achieve these objectives without continuing the area of critical state concern designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,wetlands,
fish and wildlife,and their habitat.
(c) Protecting upland resources,tropical biological communities, freshwater wetlands,native tropical vegetation(for
example,hardwood hammocks and pinelands),dune ridges and beaches,wildlife,and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring
that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
investments,including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection,treatment,and disposal facilities;
3. Solid waste treatment,collection,and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges,and marine sanctuaries;
7. State parks,recreation facilities,aquatic preserves,and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities,as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities;
and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater
management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by
directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida
Keys as a unique Florida resource.
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Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle.
VI. PROCESS
Land Development Code Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, private application, or the owner or other
person having a contractual interest in property to be affected by a proposed amendment. The
Director of Planning shall review and process applications as they are received and pass them onto
the Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners ("BOCC"). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the Monroe County Planning and
Environmental Resources Department's professional staff report and the Department's
recommendation (recommended text amendment), the Planning Commission recommendation and
the testimony given at the public hearing. The BOCC may adopt the proposed amendment based
on one or more of the factors established in Monroe County Land Development Code Section 102-
158(d)(7).
VII. STAFF RECOMMENDATION
The professional staff of the Monroe County Planning and Environmental Resources
Department hereby recommends that the Monroe County BOCC APPROVE this proposed
amendment.
VIII.EXHIBITS
1. Draft BOCC Ordinance
BOCC SR 04.17.24 Page 8 of 8
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Item P1 .
An ordinance by the Monroe County Board of County
Commissioners amending Monroe County Land
Development Code Section 139-1 (f) Nonresidential
Inclusionary Housing Requirements, to provide for limited
exemptions to the nonresidential inclusionary housing
requirement (File 2023-196)
BOCC Hearing:
April 17, 2024
The proposed text as directed by the BOCC on July 19, 2023 is shown as follows:
additions are underlined and deletions are .
See.139-1.Affordable and Employee Housing;Administration.
(f)Nonresidential Inclusionary housing requirements.
(4) Exemptions and waivers.
a. The following uses shall be exempt from the nonresidential inclusionary housing requirements set forth in subsections (f)(3)
and(5) of this section:
1. Affordable housing developments;and
2. Residential developments;and
3. Nursing homes, assisted care living facilities, and retirement homes; and
4. Mobile home and manufactured home parks and subdivisions;and
5. Public facilities and public uses limited to parks,public infrastructure and utilities, and wireless communication facilities; and
6. Airport uses; and
8:7. The new development, redevelopment, remodeling, repair, change to a different use categorX or cumulative expansion of a
nonresidential use that does not establish or increase the area of the nonresidential use by more than 1,000
square feet of gross floor area or area of use This exemption is not required to
be utilized in whole or limited to a single buildiniz permit application; however cumulatively, an individual property shall not receive
an exemption for any more than 1,000 square feet of gross floor area or area of use after April 17, 2024
............
u fl
Staff
Staff recommends APPROVAL of the proposed amendment to
LDC Section 139-1 (f).