Ordinance 036-2004 ORDINANCE NO 036 - 2004
AN ORDINANCE AMENDING SECTIONS 9.5-4 AND 9.5-266 (AFFORDABLE
AND EMPLOYEE HOUSING) OF THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS INSERTING A DEFINITION FOR EMPLOYER-OWNED RENTAL
HOUSING AND LANGUAGE ESTABLISHING INCOME ELIGIBILITY
REQUIREMENTS FOR THE USE OF EMPLOYER-OWNED RENTAL HOUSING;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, as more employers are trying to provide employee housing for their workforce,
the Monroe County Code (MCC) must be amended to respond to changes made in the supply of
affordable housing; and
WHEREAS, rising property values and the conversion of rental property into transient units
have created a shortage of affordable housing for low income workers. These conditions have
prompted employers to meet their employ; and
WHEREAS, the calculation of income eligibility is much more lenient for households having
multiple income earners related by marriage or domestic partnership, as stated in Section 9.5-
266(b)k. this situation creates a hardship for single persons seeking both employee housing and
roommates to help share the cost of housing; and
WHEREAS, the Planning Department has received requests, from large employers, to propose
a separate definition for employer-owned rental housing and to establish income eligibility
requirements; and
WHEREAS, the proposed text amendments will set up new income eligibility requirements
that will account for the cohabitation of unrelated employees that individually qualify for employee
housing but will not qualify collectively; and
WHEREAS, the tenants' income will be considered individually, rather than collectively, and
must not exceed eighty (80) percent of the median adjusted gross income for households within the
County; and
WHEREAS, the Monroe County Development Review Committee during a regular meeting
held on September 9, 2004, APPROVED amendments to sections 9.5-4 and 9.5-266 of the Monroe
County Code; and
WHEREAS, the Monroe County Planning Commission, during a public meeting held on
September 22, 2004, conducted a review and consideration of the amendments to the Land
Development Regulations proposed by the Planning Staff; and
WHEREAS, the Monroe County Planning Commission recommends APPROVAL with the
condition that tenants of Employer-Owned Rental Housing shall be required to derive at least
seventy (70) percent of their income from within Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners met in a public hearing on
November 17, 2004, to consider the amendments to the Land Development Regulations proposed by
the Planning Staff to increase opportunities for providing workforce housing in the County,
SECTIONS 9.5-4 and 9.5-266; and
WHEREAS, the Commission finds that the proposed changes are consistent with Section 9.5-
511(d)(5)b.(iv) New Issues and (v) Recognition of a need for additional detail or
comprehensiveness; and
WHEREAS, the Commission finds that the proposed changes are consistent with the goals of
the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners examined the following
information:
1. Staff report prepared by K. Marlene Conaway; and
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff.
WHEREAS, the Monroe County Board of County Commissioners has made the following
Findings of Fact and Conclusions of Law based on the evidence presented:
1. The current ordinance does not adequately address the employee and affordable
housing needs in the County; and
2. There is a need for employers to provide employee housing on the site of
employment; and
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the
proposed changes are consistent with its goals.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA THAT:
Section 1. New Section 9.5-4(E-2), MCC, is hereby amended to read as follows:
(E-2) Employer-owned rental housing means an attached or detached dwelling unit owned
by a firm, business, educational institution, non-governmental or governmental agency,
corporation or other entity that is intended to serve as affordable, permanent housing for its
employees. This category of employee housing shall be located on the same parcel of land as
the non-residential use.
Section 2. Amend Section 9.5-266(a) as follows:
Section 9.5-266(a)(6)c.
The use of the affordable or employee housing dwelling unit, is restricted for a period of at
least fifty (50) years to households that meet the requirements of paragraph (6)a. or (6)b.
above, except that the use of employer-owned rental housing is subject to the special
requirements of paragraph (6)1. below.
Section 9.5-266(a)(6)k.
Except for tenants of employer-owned rental housing, as set forth in paragraph (6)1, below,
the income of eligible households shall be determined by counting only the first and highest
paid forty (40) hours of employment per week of each unrelated adult. For a household
containing adults related by marriage or a domestic partnership registered with the county,
only the highest sixty (60) hours of the combined employment hours shall be counted, which
shall be considered to be seventy-five (75) percent of the adjusted gross income. The
,J
income of dependents regardless of age shall not be counted in calculating a household's
income.
Section 9.5-266(a)(6)I.
In the special case of employer-owned rental housing, as defined I Section 9.5-4, employees
shall be eligible as tenants of the affordable rental housing, if the income of each tenant, as
determined following the requirements in Section 9.5-266(a)(6)k above, is not more than the
eighty (80) percent of the median income adjusted gross income for households within the
County. The tenants of this affordable employee housing shall be required to derive at least
seventy (70) percent of their income from within Monroe County. The maximum occupancy
of employer-owned rental housing for employees shall be no more than two tenants per
bedroom; with a maximum of three (3) bedrooms per unit. The total monthly lease charged
tenants for each dwelling unit shall not exceed thirty (30) percent of the median adjusted
gross annual income for households within Monroe County, divided by twelve (12).
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated in the Code
of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida but shall not become effective until a notice is issued by the Florida Department of
Community Affairs or Administration Commission approving the ordinance.
Section 7 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 17th day of November, 2004. _,
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
December 28, 2004
Mrs. Liz Cloud, Chief
Bureau of Administrative Code&Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7003 3110 0003 4621 5406
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 036-2004 amending Sections 9.5-4
and 9.5-266 (Affordable and Employee Housing) of the Monroe County Land Development
Regulations inserting a definition for employer-owned rental housing and language establishing
income eligibility requirements for the use of employer-owned rental housing; providing for repeal
of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County
Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on November 17, 2004. Please file for record. Should
you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by:
Pamela . Hancock, D.C.
cc: County Administrator w/o document
Growth Management Division
County Attorney
BOCC
Filed
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If YES,enter delivery address belo . �o
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PS Form 3800,June.2002 See Reverse for Instructions
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
January 13,2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated December 28, 2004 and certified copies of Monroe County Ordinance
Nos. 036-2004 and 039-2004, which were filed in this office on January 12, 2005.
~~~
Liz Cloud
Program Administrator
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OSTA TE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.t1,us
OLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
OADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA05-OR-027
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 036-2004
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues ias Final Orcler, -.,
pursuant to §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2004), approvina4land
• r" 03
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
1,1
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On January 7, 2005, the Department received for review Monroe County Ordinance
No. 036-2004 which was adopted by the Monroe County Board of County Commissioners on
November 17, 2004 ("Ord. 036-2004").
3. The purpose of Ord. 036-2004 is to amend Sections 9.5-4 (E-2) Employer-owned
rental housing, and 9.5-266 Affordable housing, employee housing of the Monroe County Land
Development Regulations to insert a definition for employer-owned rental housing, and language
establishing income eligibility requirements for the use of employer-owned rental housing.
4. Ord. 036-2004 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
5. 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. (2004).
6. Monroe County is a local government within the Florida Keys Area of Critical State
1CA Final Order No.: DCA05-OR-02 i
Concern. § 380.0552,Fla. Stat. (2004) and Rule 28-29.002 (superseding Chapter 27F-8),Fla.
Admin. Code.
7. "Land development regulations"include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2004). The
regulations adopted by Ord. 036-2004 are land development regulations.
8. 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 § 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.
9. Ord. 036-2004 promotes and furthers the following Principles:
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(j) To make available adequate affordable housing for all sectors
of the population of the Florida Keys.
(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.
10. Ord. 036-2004 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 036-2004 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
2
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DCA Final Order No.: DCA05-OR-027
..
DONE AND ORDERED in Tallahassee, Florida.
n ttibt, _..Id2
VALERIE J. BBARD, DIRECTOR
Division of munity 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.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE 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
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S 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 JUSTIFY 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 FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
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DCA Final Order No.: DCA05-OR-027
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 WRITTEN 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 THE FILING REQUIREMENTS IN RULE 28-
106.104(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
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DCA Final Order No.: DCA05-OR-027
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 and u�c_orrect copies have been furnished
to the persons listed below by the method indicated this 147 day of February, 2005.
01.36._
C.------,S14.10.-C2
Paula Ford, Agency Clerk
Ir
By U.S. Mail:
Honorable Murray Nelson
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
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator,DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5