Ordinance 016-2006
ORDINANCE NO. 016 - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE EXISTING
DEFINITION FOR MAXIMUM SALES PRICE OF AN
AFFORDABLE HOUSING UNIT (Sec. 9.5-4); AMENDING
AFFORDABLE AND EMPLOYEE HOUSING PROVISIONS (Sec.
9.5-266); PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; AMENDING AND/OR ADDING
FOR CONSISTENCY PURPOSES RELATED PROVISIONS;
PROVIDING EFFECTIVE DATE; PROVIDING FOR
INCORPORATION IN THE MONROE COUNTY CODE OF
ORDINANCES
WHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters, and;
WHEREAS, the Board of County Commissioners therefore makes the following
Findings of Fact:
1. The lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
2. There is limited land area suitable for residential development remaining
in the County.
3. There is a current unmet need of about 7,317 affordable units in the
County.
4. These amendments to the land development regulations recognize the
need for additional detail and comprehensiveness in addressing housing needs in Monroe
County, based upon, among other factors, new issues, including accelerated conversion
of existing affordable housing stock, increased housing pressures due to housing loss
caused by Hurricane Wilma, and the changed projections and assumptions regarding
resulting demographic trends. .
5. The current code sets only a single sale price for an affordable housing
unit which fails to recognize the differing costs associated with newly developed
affordable housing units based upon the number of bedrooms they contain, thereby
providing no incentive for developers to create units of greater than the smallest-size
units.
6. The terms "affordable housing" and "employee housing", while
differently defined in the Land Development Regulations, both require compliance with
provisions relating to affordable housing. Most "affordable housing" in the County,
even in cases where the housing units are not formally restricted as "employee housing",
nonetheless serves as "employee housing" for persons earning their incomes from gainful
employment in Monroe County. Therefore, density incentives for both affordable and
1
employee housing in the SC land use district serve the County's housing needs.
7. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
8. Allowing these amendments will provide incentives for the creation of
more and diverse types of affordable housing, is a legitimate state interest and is
necessary to implement Goal 601 of the plan (e.g., Policy 601.1.12; Objectives 601.2 and
601.6).
9. These amendments to the land development regulations specifically
further Fla. Stat. ~ 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights, incentive and inclusionary housing.
10. These amendments to the land development regulations are necessary to
ensure that, despite the limited availability of developable lands, the County's existing
and future housing stock includes adequate affordable housing opportunities.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section 1.
Amend Sec. 9.5-4(M-6.2) as follows:
(M-6.2) Maximum sales price, owner occupied affordable housing unit shall mean a price
not exceeding three and three-quarters (3.75) times the annual median household income
for Monroe County for a one (1) bedroom or efficiency unit, four and one-quarter (4.25)
times the annual median household income for Monroe County for a two (2) bedroom
unit, and four and three-quarters (4.75) times the annual median household income for
Monroe County for a three (3) or more bedroom unit.
Section 2.
Amend Sec. 9.5-266(a)(1)b. as follows:
(a) Affordable and employee housing:
(1) Notwithstanding the density limitations in section 9.5-262, the owner of a
parcel of land shall be entitled to:
b. Develop affordable and employee housing as defined in section 9.5-
4(A-5) and (E-1) on parcels of land classified as Suburban Commercial
(SC) at an intensity up to a maximum net residential density of eighteen
(18) dwelling units per acre and on parcels of land classified as Urban
Residential (UR) at an intensity up to a maximum net residential density
of twenty-five (25) dwelling units per acre.
2
Section 3.
Amend Sec. 9.5-266(a)(5) to read as follows:
(a) Affordable and employee housing:
(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270,
when calculating density, any existing lawfully established or proposed
affordable or employee housing on a parcel and the floor area thereof shall
be excluded from the calculation of the total gross nonresidential floor
area development that may be lawfully established on the parcel, however,
the total residential density allowed on the site shall not exceed maximum
net density for affordable and employee housing.
Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 5. ConflictinS!: Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation, the
more restrictive shall apply.
Section 6. Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes and as required by F.S. 380.0(6)
and (11).
Section 7. FilinS!:
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 8. Effective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
3
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of April, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Yes
Vacant
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN~LORIDA
BY: n
Mayor Charles "Sonny" McCoy
APPROVED AS TO FORM:
County Attorney
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
May 10,2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
R. A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9617
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 014-2006 approving the request by Itnor Corporation to amend the Land
Use District for the following property from Urban Residential Mobile-Limited (URM-L) to
Urban Residential (UR). The property is physically located on Laurel and 2nd Avenue and is
legally described as Stock Island Maloney Sub PBl-55 Lots 1 thru 7 & Adj Bay Btm Lots 11 to
21 Inc Sqr 32 G48-164-65, Stock Island, Monroe County, Florida. The real estate number is
00124540.000000, at approximate mile marker 5.
Ordinance No. 015-2006 adding to existing definitions (Sec. 9.5-4); amending Maximum
Residential Density and District Open Space (Sec. 9.5-262) to allow for density bonuses for
affordable units of 75 sq.ft. or less; amending required parking (Sec. 9.5-352); amending and/or
adding for consistency purposes related provisions; providing for severability and repeal of
inconsistent provisions; providing effective date; providing for incorporation in the Monroe
County Code of Ordinances.
Ordinance No. 016-2006 amending the existing definition for maximum sales price of an
affordable housing unit (Sec. 9.5-4); amending affordable and employee housing provisions (Sec.
9.5-266); providing for severability and repeal of inconsistent provisions; amending and/or adding
for consistency purposes related provisions; providing effective date; providing for incorporation
in the Monroe County Code of Ordinances.
Monroe County Clerk's Office
Ordinance Nos. 014-2006, 015-2006 & 016-2006
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on April 19, 2006. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc:
Growth Management
County Attorney
BOCC
File
,:1
FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
May 19, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated May 10, 2006 and certified copies of Momoe County Ordinance
Nos. 014-2006 through 016-2006, which were filed in this office on May 17, 2006.
Sincerely,
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Liz Cloud
Program Administrator
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R.A. Gray Building. Tallahassee, Florida 32399~0250. (850) 245-6600
FAX: (850) 488-2746. TDD: (&50) 922-4085 . http://www.dos.state.O.us
OLEGlSLATIVE LIDRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORJDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488.9879 (850) 487-2180. FAX: (850)413-7224 (850) 245.6700. FAX: (850) 488.4894
OADMINISTRATIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
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SENDER: COMPLETE THIS SECTJON
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. Attach this card to the back of the mailpiece,
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1. Article AddreSSEld to:
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekley
R.A. Gray Building
500 S Bronaugh Street
Tallahassee FL 32399-0250
(Ord. 014,015&016)
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A. Signature
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4. RestrIcted Delivery? (Extra Fee) 0 Yes
2. ArtIcle Number
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I"j Q 11 t:o.kl'1ll'lrv 2004
7002 2030 0001 2668 9617
Domestic Return Receipt
102595-<t2-M-1540
DCA Final Order No.: DCA06-0R-150
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 016-2006
/
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2005), approving 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
I. 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 May 22, 2006, the Department received for review Monroe County Ordinance
No. 016-2006 ("Ord. 016-2006").
3. The final order for this Ordinance must be signed by July 20, 2006.
4. The purpose of the Ordinance is to amend the definition for the maximum sales
price of affordable housing units to increase affordable housing opportunities and encourage the
creation of diversified types of affordable housing necessary for the moderate and median-
income residents and the critical workforce.
5. Ordinance 016-2006 is consistent with the 2010 Monroe County Comprehensive
Plan.
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
DCA Final Order No.: DCA06-0R-lSO
State Concern. 9380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. 9380.0552, 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 ofland. 9380.031(8), Fla. Stat. (2005). The
regulations adopted by Ord. 016-2006 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 9 380.0552(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. 016-2006 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
G) To make available adequate affordable housing for all sectors of
the population of the Florida Keys.
(I) 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.
II. Ord. 016-2006 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 016-2006 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
2
DCA Final Order No.: DCA06-0R-150
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
YD.
State Plann 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.
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 MAYBE 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
3
DCA Final Order No.: DCA06-0R-1S0
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.
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 BOULEV ARD, 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.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
<b, ""-",'" d"i"",,'" A",,,,,, Cl~k, md ,"" ""' ,"d ",rect '1 ~ heffi r=i,h'"
to the persons listed below by the method indicated this day of , 2006.
,l..-
aula Ford, Agenc)j lerk
4
DCA Final Order No.: DCA06-0R-150
Bv U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny 1. 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 Interagencv Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5
Email Confirmation
Page 2 of 3
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (323101
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
jO!Q@__fIi"nic;Q.cJe,com
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 92
Recorded: 8/10/20068:08:22 AM
We havE' received the following material through Hard Copy.
Document Adoption
Ordinance No. 001-2006 1/18/2006
Ordinance No. 007-2006 3/15/2006
Ordinance No. 016-2006 4/19/2006
WE HAVE RECEIVED THE CORRECTED COPY OF ORDINANCE NO. 027-
2006.
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'" Copyright 2005 MCC. All rigllts re,olVed.
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