Item E3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17.2002
Division: Growth Management
Department: Planning & Environmental Resources
Bulk Item: Yes
No X
AGENDA ITEM WORDING: Second of two public hearings to adopt an amendment to the Monroe County Code
Sections 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, and 9.5-250, concerning employee and
affordable housing and commercial apartment in several zoning districts.
ITEM BACKGROUND: Several initiatives over the years have recommended changes to the LDRs to make it
more attractive to developes to provide affordable and worker housing. This ordinance provides incentives and
opportunites for employee housing in the SC and MU zoning distrcits, restricts commercial apartments in distrcits
while permitting them to be market rate, and increases the time a unite is restricted to affordable and employee
housing form 20 to 30 years. On November 7, 2001, after a public hearing continued through three meetings, and
modifications to the staff generated draft, the Planning Commission recommended approval of the amendment. First
public hearing was held with the Board of County Commissioners on December 19,2001.
PREVIOUS RELEVANT BOARD ACTION: At the first public hearing on the proposed ordinance, the BOCC
requested the staff to make a recommendation on retaining commercial apartments in Marine Industrial districts. A
staff recommendation in response to this request is included in this agenda package.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/ A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney X
N/A
DIVISION DIRECTOR APPROVAL:
,AICP
DOCUMENTATION: Included .-L
To follow
Not Required
DISPOSITION:
AGENDA ITEM #:
J-E1~
C:\Colleen\Agenda Item Summaries\employee-affordable hsg Marlene 0 11702.doc 12190 1
TEXT AMENDMENT
SECTION 9.5-4, 9.5-266, 9.5-284, 9.5-232,
93.4-235, 9.5-248, 9.5-249, AND 9.5-250
Employee and Affordable Housing
Commercial Apartments
Board of County Commissioners
Key West
January 17,2002
PROPOSED TEXT AMENDMENT
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249,
AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
The proposed amendment includes but is not limited to the following:
. Revising the definitions of employee housing and commercial apartments.
. Creating density bonuses for employee housing in the Urban Commercial (UC),
Suburban Commercial (SC), and Mixed Use (MU) land use districts, including
incentives for market rate housing as part of an affordable or employee housing
development.
. Creating commercial floor area exclusion for developing on site affordable or
employee housing.
. Creating restrictions on the scale of commercial apartment developments to
encourage employee housing.
. Increases from twenty to thirty years the length of time a property is restricted to
households that meet the affordable or employee housing criteria.
Recommendations
Staff:
Approval
November 19,2001
Staff Report
DRC:
Approval
October 4,2001
Resolution D20-0 1
PC:
Approval
November 7, 2001
Resolution P77-01
DRAFT ORDINANCE
SECTION 9.5-4, 9.5-266, 9.5-284, 9.5-232,
93.4-235, 9.5-248, 9.5-249, AND 9.5-250
Employee and Affordable Housing
Commercial Apartments
Board of County Commissioners
Key West
January 17,2002
ORDINANCE NO. -2001
AN ORDINANCE AMENDING THE MONROE
COUNTY CODE SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-
232,9.4-235,9.5-248,9.5_249, AND 9.5-250,
PROVIDING FOR THE SEVERlBILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION
INTO THE MONROE COUNTY CODE; AND DIRECTING
THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COpy OF TillS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND PROVIDING AN EFFECTNE DATE
WHEREAS, Monroe County is a geographically unique and impacted area that is dependent
on bridges and causeways for connection to the mainland and is subject to growth restrictions relating
to hurricane evacuation requirements; and
WHEREAS, Monroe County is an environmentally sensitive region that is home to numerous
protected and endangered species of flora and fauna; and
WHEREAS, there are few areas appropriately zoned to accommodate moderate to high
density housing developments; and
WHEREAS, due to Monroe County's vulnerability to hurricane and tropical storm damage,
Monroe County has one of the most restrictive building codes, which in turn greatly increases the cost
of building homes in the County; and
WHEREAS, Several affordable housing initiatives, such as those proposed by the Blue
Ribbon Committee in 1999 and the DCA sponsored Affordable Housing Summit in 2001, proposed
changes to encourage the construction of affordable housing; and
WHEREAS, the Board of County Commissioners in M?; ch 200 I approved conceptually a 20
Year Plan, proposed by Commissioner Williams to implement a long range "end-game" approach to
land acquisition, build out and affordable housing in Monroe County; and
WHEREAS, The Monroe County Growth Management Division staff prepared a response to
the Board of County Commissioners on June 19, 2001 recommending, among other things, that
affordable housing be an allowable use in the Suburban Commercial zoning district and to allow a mix
of market rate and affordable housing units; and
WHEREAS, Policy 601.1.12 of Monroe County Year 20 I 0 Comprehensive Plan states:
"Monroe County shall adopt Land Development Regulations which may include density bonuses,
impact fee waiver programs and other possible regulations to encourage affordable housing"; and
WHEREAS, Policy 601.2 of the 20 I 0 Plan requires Monroe County to encourage housing of
various types, sizes and price ranges to meet the needs of residents; and
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WHEREAS, the Development Review Committee on October 4, 2001, reviewed the legal
authority and the proposed text, and recommended approval of the proposed text; and
WHEREAS, during a regular meetings held on October 10, October 23, and November 7,
2001, the Monroe County Planning Commission conducted a public hearing on the proposed text, and
recommended approval of the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was presented with the
following information, which by reference is hereby incorporated as part of the record of said hearing:
1. The staff report prepared on November 18, 2001 by K. Marlene Conaway, Director, Planning
and Environmental Resources.
2. Proposed changes to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
4. Comments by the public; and
WHEREAS, the Monroe County Board of County Commissioners examined the proposed
amendments to the Monroe County Code submitted by the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Monroe County Planning Commission and the staff of the Monroe County Planning
Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the
following amendment to the County Code be approved, adopted and transmitted to the state land
planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. THE MONROE COUNTY CODE SECTIONS 9.5-4, 9.5-266,
9.5-284, 9.5-232, 9.4-235, 9.5-248, 9.5-249, AND 9.5-250, is hereby amended
to include the following:
· Revise definition of Commercial Apartment.
Sec. 9.5-4 (C-ll): Commercial apartment means an attached or detached residential dwelling unit
located on the same parcel of land as a non-residential ~se ':' ~ ~:;:e= ~ :::":i;:: ;
=::~a~ :: :~ : :t~Rded te serve the tteusI8g e s H' F I I
...~nyod-.. ~n Cnllfl!)'. ' that is intended '0 serve as pennanen. housing for the owner or
employees oftha. nonresidential use. ~~ ":(~~~ =n~:,~ eo...ply ~itlt the. alfurdahle
AOUSIRg entena set fetitt 18 seetlflR 9. A . . TOUrIst housmg use or
vacation rental use of commercial apartments is prohibited.
· Revise definition of Employee Housing.
Sec. 9.5-4 (E-l): Employee housing means an 8e8 telBJ3erary. attached or detached dwelling unit
....<Hiett is used BY elBJ3layees that is intended to serve as affordable. permanent housinlZ for working
households, wfie which derive at least seventy (70) percent of their household income from
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gainful employment in Monroe County and meet the requirements for affordable housing as per
sections 9.5-4 (A-5) and 9.5-266.
· Create a definition for Market Rate Housing.
Sec. 9.5-4 CM:Z>: Market rate housinf! means an attached or detached dwellinsz unit that is
intended to serve as pennanent housin for households not eli ible for affordable or em 10 ee
housinsz under this chapter.
· Revise Section 9.5-266 to include prOVISIOns for employee housing and mixed
affordable/market housing and other needed content and editorial changes.
Sec. 9.5-266. Affordable hOHsiBg and employee housing; administration:
(a) Affordable and employee housin~:
(I) Notwithstanding the density limitations in section 9.5-262, the owner of a parcel of land shall
be entitled to:
a. Develop affordable and employee housing as defined in section 9.5-4(A-5).AffeFEfabJe
hOHSiHg HHits ffiay be Ele'/ele~ed 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 and on arcels of land classified as Mixed Use MU at an intensi u to a maximum
net residential densi~ of ~ighteen ~18) dWe!li: units ~er acre. W~it~8:ut r:eganl te~th:
:~:::~e Ele\'eJe~ffieut FIght!; (T R) FeEjHIFe--tlHtS '.\'--ell ffi~' .e--i-j38 ~, tft~
regylatl6HS.
b. Develop employee housing as defined in sec. 9.5-4 (E-I) on parcels ofland classified as
Suburban Commercial (SC) at an intensity up to a maximum net residential density of
fifteen (IS) dwelling units per acre and on parcels ofland classified as Urban Residential
(UR) at an intensity up to a maximum net residential density of twenty-five (25) dwelling
units per acre.
c. Develop market rate housing, as defined in section 9.5-4 (M-7), as part of an affordable or
employee housing project in accordance with paragraph (8) below, provided that on
parcels of land classified as Urban Residential (UR), the maximum net residential density
shall not be greater than eighteen (18) dwelling units per acre.
(2) ~: =~~~~~~its mar IJc ~:':~R ~ ~~: ~:=
:.'::.r: =~~or"' ~:':'~; ~;t;.~~;~=:.::.~i.i; :~I::''':';
~==:i.:=::=;; ,h:::;;::::
2
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ible to
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a. If the parcel ofIand is less than two (2) gross acres, the project's total nonresidential floor
area or two-thousand (2,000) square feet, whichever is less, shall be excluded from the
calculation; or
b. If the parcel ofIand is two or more (2) gross acres, the project's total nonresidential floor
area or four-thousand (4,000) square feet, whichever is less, shall be excluded from the
calculation.
-f41 (Q) In order for the owner of a parcel of land to be entitled to the incentives for affordable or
emplovee housing outlined in this section and division I.S, article N, the owner must ensure
that:
a. The use of the affordable housing dwelling unit is restricted to households that meet the
adjusted gross annual income limits for median-income as defined in su§ion 9.5-4 (A-
S); and
b. If the affordable housing dwelling unit is designated for employee housing or eemmeFeial
R)3llftR:teRts, the use of the dwelling is restricted to households that derive at least seventy
(70) percent of their household income from gainful employment in Monroe County and
meet the adjusted gross annual income limits for median-income as defined in su§ion
9.S-4(A-S); and
c. The use of the affordable or emolovee housing dwelling unit is restricted for a period of at
least thirty (30) years to households that meet the requirements of paragraph f4j (Q) a. or
@ b. above; and
d. The size of the affordable or employee housing dwelling unit shall b~ is limited by a
condition to be placed on the development permit which restricts the habitable space of
the unit to a maximum of one thousand three hundred (I,300) square feet for a period of at
least thirty (30) years; and
e. Tourist housing use or vacation rental use of affordable or employee housing units is
prohibited.
f. The parcel of land proposed for development of affordable or employee housing shall not
qualify for negative points under Section 9.5-122(aX7), (8) or (9) however properties
designated IS-D, UR, URM or URM-L shall be exempt from this prohibition.
7 Commercial a artment dwellin units as defined in section 9.S-4 C-II shall onl. be elie-ible
for the incentives outlined in this section if they meet the reauirements of para2raoh (6) above
for employee housing.
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a. The use of the market rate housin2 dwellin2 unit is restricted for a oeriod of at least thirty
(30) vears to households that derive at least seven 70 ercent of their household
income from 2ainful emolovrnent in Monroe County: and
b. Tourist housin use and vacation rental use of the market rate dwellin
9 Market rate housin dwellin units are not restricted to the thirteen hundred
feet limitation on habitable soace for affordable and emplovee housing.
· Delete existing subsections 9.5-266 (b) and (c).
· Move administrative and compliance provisions from Section 266 (a) to Section 266 (b).
(b) Administration and ComDliance:
(I) Before any certificate of occupancy may be issued for any Structure, portion or phase of a
project subject to this section, restrictive covenants(s) shall be filed in the official records of
Monroe Coun to ensure com liance with the rovisions of this section runnin in favor of
Monroe Coun and enforceable b the Coun . The covenant(s) shall be effective for at least
/' thi years, but shall not commence running until a certificate of occupancy has been
7 0 ./ iss ed by the building official for the dwelling unit or dwelling units to which the covenant or
/' ----- covenants apply.
2
rovisions of this section shall be filed that
a. Restrictin affordable housin dwellin units to households meetin the income
requirements of section 9.5-266 (a)( 6)a.
b. Restrictin2 employee housinlZ dwelling units to households meetinlZ the income and
emolovment reauireme.Jts of section 9.5-266 (a)(6)b.
c. Restrictin market rate housin dwelIin units to households meetin
requirements of section 9.5-266 (a)(S)a.
d.
units to no more than thirteen
e. Prohibitin tourist housin
provisions of this section.
(3) The eligibility of a potential owner-occupier or renter of an affordable, employee or market
rate housing dwelling unit. developed as Dart of an emplovee or affordable housin2 proiect. 9f
desigHateEf as Sf eJfl~leyoo shall be determined by the planning department uoon submittal of
an affidavit of ualification to the lannin de artment. The form of the affidavit shall be in a
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shall be detennined b the
a. At the time the potential owner either applies for affordable housing ROGO allocation, or
applies to purchase a unit that utilized affordable housing ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit that utilized an
affordable ROGO allocation.
a. ==::=~~~~... offerdahle hea:;:.::::::::,::.::.. th.t the
=~~)7::::eeeEl tHe afferElaele re---~___ ~ --- -- ~-1H'-----
h. =::;=~~.=: :::;::::.::::=::: :::~e:.:..
;ha~ ::O:::;~:~~I; em~le}~E1 ia M~~; C;~;:;;
e. '::~i:":= ;=:=:~ r:::.."":::.. ee:~~::.~5~:~ h.
· Delete Section 9.5-284{e) that addresses commercial apartment development standards.
· Revise Section 9.5-232 to restrict commercial apartments in the Urban Commercial District.
(a) The following uses are pennitted as of right in the Urban Commercial District:
(4) Commercial apartments involving Jess than six (6) dwelling units ia eeRjl:laetiea with a
pefJBitteEl eammereial 1:180;
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(b) The following uses are permitted as minor conditional uses in the Urban Commercial District,
subject to the standards and procedures set forth in article III, division 3:
(4) Commercial apartments involving maFe tliftft six (6) to eighteen (18) dwelling units tit
eeftjHRetiaR '.vith a ~effRitteEf eammeFeial Hse, provided that:
a. The hours of operation of the commercial uses ~ra~aseEf iR eaRjHRetiaR '.vith the
&partmeRts are compatible with residential uses; and [remainder of text is unchanged.]
· Revise Section 9.5-235 to include provisions for attached and unattached residential
dwellings designated as employee housing in the Sub Urban Commercial District and
restrict the use of commercial apartments.
(a) The following uses are permitted as of right in the Sub Urban Commercial District:
(3) Commercial apartments involving less than six (6) dwelling units in eORjHRetiaR ':lith a
peffllittea eemmereial Hse;
14 Attached and unattached residential dwellin s involvin
emoloyee housinlZ as orovided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Sub Urban Commercial
District, subject to the standards and procedures set forth in article III, division 3:
(4) Commercial apartments involving mere thaR six (6) to eighteen (8) dwelling units tit
eoRjHRetisR '.vitk a ~effRittea eammereial Hse, provided that:
a. The hours of operation of the commercial uses pre~asea iR eeRjHRetiaR '::itk the
a~artmeRts are compatible with residential uses; and [remainder of text is unchanged.]
II
(c) The following uses are permitted as major conditional uses in the Sub Urban Commercial
District subject to the standards and procedures set forth in article III, division 3:
9 Attached and unattached residential dwellin s involvin... more than ei
desilZIlated as emolovee housinlZ as provided for in section 9.5-266.
units
· Revise Section 9.5-248 to include provisions for attached and unattached residential
dwellings designated as employee housing in the Mixed Use District and to restrict use of
commercial apartments.
(a) The following uses are permitted as of right in the Mixed Use District:
18 Attached and unattached residential dwellin s involvin less than six 6
emplovee housinlZ as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Mixed Use District, subject
to the standards and procedures set forth in article III, division 3:
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(5) Commercial apartments involving meFe than six (6) to ei2hteen (18) dwelling units, provided
that: [remainder of text is unchanged.]
a. The hours of operation of the commercial uses pfepesea iH eeRjuRetieR with the
&fJaRmeRts are compatible with residential uses; and [remainder of text is unchanged.]
12 Attached and unattached residential dwellin s involvin_ six ,6
designated as emolovee housinl! as orovided for in section 9.5-266.
(c) The following uses are permitted as major conditional uses in the Mixed Use District, subject
to the standards and procedures set forth in article III, division 3:
12 Attached and unattached residential dwellin s involvin_ more than ei hteen 18 units
desillOated as emolovee housing as orovided for in section 9.5-266.
· Revise Section 9.5-249 to eliminate commercial apartments of six or more units in the
Industrial District.
(b) The following uses are permitted as minor conditional uses in the Industrial District, subject to
the standards and procedures set forth in article III, division 3:
(2) ;=:=~ ~R~g "'Of' ~ si~ (6) d::: ~}~ :j'liOoetioR witl! R
POFHuttea eemmeFelal use, pFe'IIEfea that: [elrlBlRate fV e e.
· Revise Section 9.5-250 to eliminate commercial apartments of six or more units in the
Maritime Industries District.
(b) The following uses are permitted as minor conditional uses in the Maritime Industries District,
subject to the standards and procedures set forth in article III, division 3:
(I) =:~~s ~~<H1g ",Rre tlt.. six (6) d::~~ :: :~;O'liOR"iRR witl! R
pemutteEf eemmeFelal use, pre'naea that: [elrmlRate Fe ef J.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. This ordinance shall be filed in the Office of the Secretary of State of Florida,
but shall not become effective until a notice is issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance with the Florida
Statutes.
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Section 6. The Director of Growth Management is hereby directed to forward a copy of
this ordinance to the Municipal Code Corporation for the incorporation in the Monroe County Code of
Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 20~ J..
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
BY
A TTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
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STAFF REPORT
SECTION 9.5-4, 9.5-266, 9.5-284, 9.5-232,
93.4-235, 9.5-248, 9.5-249, AND 9.5-250
Employee and Affordable Housing
Commercial Apartments
Board of County Commissioners
Key West
January 17,2002
Monroe County Department of Planning and Environmental Resources
2798 Overseas Highway Marathon Florida 33050
305-289-2500 ~ conawav@mai1.state.fl.us
~
December 28,2001
TO:
Monroe County Board of County Commissioners
K. Marlene Conaway, Director~~
Department of Planning and Environmental Resources
FROM:
RE:
Commercial Apartments in the Marine Industrial district
Issue
The draft amendment concerning employee and affordable housing and commercial
apartments deletes the provision in the current LDRs allowing six or more commercial
apartments as a minor conditional use in the Marine Industrial (MI) district. Commercial
apartments involving less than six units are still permitted. Donald Craig, at the first
public hearing on December 19,2001, requested that the provision for six or more
commercial apartments be retained in MI. His testimony was that permitting affordable
living quarters for people working on a site would help to maintain the viability of the
industry. Staff responded: 1) Commercial apartments in the amended ordinance are not
required to be affordable and 2) There is very little land currently designated for Marine
Industrial and it should be reserved for industrial use. The Commission directed staff to
review the issue and to make a recommendation on retaining commercial apartments in
the Marine Industrial district.
Discussion
The Marine Industrial District in the LDRs currently permits a number of uses that are
not industrial in nature, including commercial apartments, marinas and hotels. The
majority of MI zoning is in the Stock Island area where seafood packing companies and
boat building facilities are located. Much of the area is industrial in nature. According to
the property appraisers records there are only two residential facilities within the 56 acres
comprising the district.
The 2010 Comprehensive Plan, in Policy 10 1.4. 7 states the industrial, manufacturing and
warehousing and distribution uses are the principal purpose of the industrial land use
category, although other uses including residential are allowed.
Heavy industrial uses are only permitted in the Industrial and Marine Industrial districts.
According to background studies for the 20 I 0 Plan ninety-seven (97) acres in the County
were being utilized for heavy industrial uses and only three industrially zoned acres were
vacant. Because of the small inventory of industrial and marine industrial properties,
industrial development in these areas was exempted from the requirements ofNROGO.
The staff recommendation does not remove all opportunities for commercial apartments
from the district but limits the number to less then six units to reserve most of the area for
marine industrial uses. The future of the marine industry and the Marine Industrial district
will be a primary focus of the Livable CommuniKeys planning program for Stock Island.
The needs for the industry are also a part of the ongoing economic study that was
authorized by the Commission in the fall.
Recommendation
The planning department recommends that the ordinance be adopted as currently
drafted, which permits commercial apartments of less than six dwelling units and
deletes the minor conditional use for commercial apartments of six or more units.
This recommendation is based on a desire to retain as much as possible the small area
currently reserved for marine industrial uses in the County, the low demand for
residential uses currently in this heavy industrial zoning district and the planned Livable
CommuniKeys review of the area.
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County of Monroe
Planninll: and Environmental Resources
2798 Overseas Highway
Suite 400
Marathon, TIorida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray Nelson, Dist. 5
Comm. Dixie Spehar, Dist. I
Memorandum
TO:
Monroe County Board of County Commissioners
FROM:
K. Marlene Conaway, Director
Planning and Environmental Resources
SUBJECT:
Proposed LDR amendment SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232,
9.4-235,9.5-248,9.5-249, AND 9.5-250, Employee housing
DA TE:
November 19,2001
Overview:
This staff report recommends adopting an amendment to the Land Development Regulations to
provide more opportunities and incentives for the provision of employee housing. The scope of
these changes includes but is not limited to the following:
· Revising the definitions of employee housing and commercial apartments.
· Creating density bonuses for employee housing in the Urban Commercial (UC), Suburban
Commercial (SC), and Mixe~ Use (MU) land use districts, including incentives for market rate
housing as part of an affordable or employee housing development.
· Creating commercial floor area exclusion for developing on site affordable or employee
housing.
· Creating restrictions on the scale of commercial apartment developments to encourage
employee housing.
· Increasing from twenty to thirty years the length of time a property is restricted to households
that meet the affordable or employee housing criteria.
Background:
Creating additional opportunities for housing the county workforce has been a continuing concern of
the Monroe County Board of County Commissioners (BOCC). A series of groups have been formed
and met over the years to try and find a solution to the over-all affordability of housing problem in
the Keys. The Blue Ribbon Task Force on Affordable Housing met during the summer and fall of
1999 and prepared a set of recommendations, including state legislation and LDR changes. Much of
the state legislation has been implemented.
County of Monroe
An Affordable Housing Action Plan was adopted by the BOCC at its Key Largo meeting in
November 1999. As part of that action plan staff was directed to identify suitable parcels for
affordable housing. The staff report, completed in January 2000, found few sites with both the
required zoning and lack of environmental constraints required for larger projects. Staff at that time
recommended changing the LDRs to provide for density bonuses in MU and SC and to remove the
requirements for associated commercial use.
The Board of County Commissioners in March 2001 approved conceptually a 20 Year Plan,
proposed by Commissioner Williams to implement a long range "end-game" approach to land
acquisition, build out and affordable housing in Monroe County. The Monroe County Growth
Management Division staff prepared a response to the Board of County Commissioners on June
19, 2001 recommending, among other things, that affordable housing be an allowable use in the
Suburban Commercial zoning district and to allow a mix of market rate and affordable housing
units.
The high cost of construction in the Keys coupled with the high appreciation of values for homes
have resulted in the available RaGa allocations for affordable and employee housing not being
applied for and used. This proposed amendment includes incentives and bonuses to encourage the
provision of employee housing and try to make development of employee housing a more
attractive option.
2010 Comprehensive Plan
Policy 601.1.12 of Monroe County Year 2010 Comprehensive Plan states: "Monroe County shall
adopt Land Development Regulations which may include density bonuses, impact fee waiver
programs and other possible regulations to encourage affordable housing.
Findings:
1. Based on the Monroe County Code, staff finds that the proposed amendment is consistent with
the Sec. 9.5-511 of the Monroe County Code.
2. Based on the Monroe County 2010 Comprehensive Plan, staff finds that the proposed text
amendment is consistent with and furthers the goals and objectives of the plan.
Recommendation:
The Planning staff recommends approval of the proposed text amendment of the Land
Development Regulations.
2
Monroe County Department of Planning and Environmental Resources
Employee Housing Proposal
The following incentives are to provide encouragement to the private sector to build
housing for the County workforce:
Proposed Incentives Current Regulations
Permits employee housing and commercial Only permitted in SC in conjunction with a
apartments as a "use permitted by right" in permitted commercial use.
the SC.
Increases the maximum net density for The maximum net density in the SC is
employee housing to fifteen (15) in the SC currently six (6) and in the MU it is twelve
and eighteen (18) in the MD. (12).
Commercial apartments, located on the All commercial apartments have to comply
same parcel of land as a commercial use with the affordable criteria.
and for the owner or employees of the use,
do not have to meet the affordable criteria.
A maximum of 20% of an affordable or The complete project must comply with the
employee housing project of five (5) units affordable criteria.
or more may be market rate housing.
Impact fees are waved for all affordable Impact fees must be paid for all market rate
and employee housing projects including housing.
the market rate housing portion.
The market rate housing in an employee or Affordable housing ROGO points are only
affordable housing project may receive allocated to housing, which comply with
RaGa points as affordable housing and the affordable criteria. TDRs are required
not require a TDR. for market rate housing.
An "intensity" bonus is provided by All non-residential floor area is included in
excluding a portion of the projects non- the calculations for the total gross of
residential floor area from the calculations development allowed on the parcel.
for total gross development.
The total numbers of commercial Commercial apartments must be affordable
apartments allowable in UC, SC, MD, are and are unlimited in the UC, SC, MD, I,
limited and are removed from I and MI to and MI.
encourage the provision of employee
housing.
Other Provisions
· The proposal increases from twenty years to thirty years the length of time a
property is restricted to households that meet the affordable or employee housing
criteria.
.
Maintains the requirement that the property proposed for employee or affordable
housing allocations not receive negative points for habitat protection, or
threatened or endangered species or critical habitat areas. Section 9.5-122-
3(a)(7), (8) or (9).
K. Marlene Conaway, Director
1l/19/01
PLANNING COMMISSION RESOLUTION
NO. P77-01
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.4-235, 9.5-248,
9.5-249, AND 9.5-250,
Employee and Affordable Housing
Commercial Apartments
RESOLUTION NO. P77-01
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING
APPROVAL TO THE BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED
BY THE PLANNING DEPARTMENT TO
AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULA TraNS BY
AMENDING SECTIONS 9.5-4, 9.5-266, 9.5-284,
9.5-232, 9.5-235, 9.5-248, 9.5-249, AND 9.5-250.
THIS AMENDMENT INCREASES
OPPORTUNITIES FOR PROVIDING
HOUSING FOR THE COUNTY WORKFORCE.
WHEREAS, The need to provide housing for the workforce in Monroe County has
been discussed at several inter-jurisdictional meetings over the last year;
WHEREAS, The Planning Commission met in Public Hearing on October 10,
October 24, and November 7, 2001 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, 9.5-266, 9.5-284, 9.5-
232, 9.5-235, 9.5-248, 9.5-249, AND 9.5-250
WHEREAS, The Development Review Committee conducted a review and
consideration of the amendments on October 4, 2001 and recommended approval to the
Monroe County Planning Commission.
WHEREAS, The Planning Commission was presented with the following
evidence, which by reference is hereby incorporated as part of the record of said hearing;
1. Staff report prepared on October 4, 2001 by Ed Koconis, Island Planning
Director; and
2. Proposed changes to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
4. Comments by the public; and
WHEREAS, the Planning Commission 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.
2. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the
proposed changes are consistent with its goals. NOW, THEREFORE;
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BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law,
support its decision to recommend APPROVAL to the Board of County Commissioners
of the addition to the text of the Monroe County Land Development Regulations,
SECTIONS 9.5-4, 9.5-266, 9.5-284, 9.5-232, 9.5-235, 9.5-248, 9.5-249, AND 9.5-250.
· Revise definition of Commercial Apartment.
Sec. 9.5-4 (C-ll): Commercial apartment means an attached or detached residential
dwelling unit located on the same ~arcel of land as a non-residential use ~;:
:::::~:s .~P=: ,,':8':. =:::'I:(t~ ~=':ys...~
intended to serve as ermanent housin for the owner or "":;Io;;::es of that
nonresidential use. : .:o~~ ~~~.: :::. :~I>;~it tb -: . affoF<la8le
h01:lSmg entena set feRfllfl seetlOn 9.5 A €l 1 . . Tounst housmg
use or vacation rental use of commercial apartments is prohibited.
· Revise definition of Employee Housing.
Sec. 9.5-4 (E-l): Employee housing means an Ron temperary attached or detached
dwelling unit whieh is 1:lsea by empleyees that is intended to serve as affordabl~
permanent housing for working households, whe which derive at least seventy (70)
percent of their household income from gainful employment in Monroe County and
meet the requirements for affordable housing as per sections 9.5-4 (A-5) and 9.5-266.
· Create a definition for Market Rate Housing.
Sec. 9.5-4 (M-7): Market rate housinf! means an attached or detached dwelling unit
that is intended to serve as ermanent housin for households not eli ible for
affordable or employee housing under this chapter.
· Revise Section 9.5-266 to include provisions rJr employee housing and mixed
affordable/market housing and other needed content and editorial changes.
Sec. 9.5-266. Affordable housiBg !!!!! employee housing; administration:
(a) Affordable and emplovee housing:
(1) Notwithstanding the density limitations in section 9.5-262, the owner of a parcel ofland
shall be entitled to:
a. Develop affordable and employee housing as defined in section 9.5-4(A-
5).Affonlaale hEll:lsing I:1flits may be €le';eloped 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 and on parcels of land
classified as Mixed Use at an intensit ut" to a maximum net residential
densi~ of ei:hteen !I8) dwellin~ units ~er acr;;. =:. ;::~:
~n::a~: ~:::ment nghts (T R) reql:1 rements '. '~--~a --~-.-.e---
by- these r-.egl:1latlOIlS;-
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b. Develop employee housing as defined in sec. 9.5-4 (E-l) on parcels ofland
classified as Suburban Commercial (SC) at an intensity up to a maximum net
residential density of fifteen (15) 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.
c. Develop market rate housing, as defined in section 9.5-4 (M-7), as part of an
affordable or employee housing project in accordance with paragraph (8)
below, provided that on parcels of land classified as Urban Residential (DR),
the maximum net residential density shall not be greater than eighteen (18)
dwelling units per acre.
(2) ~~~ ~ ~~hea nffemalo'o honsing nnils mny ee ::et.~a ~2a'~:; ~~
~: =~ ': ~':!. ~~.: ~a p..wlaea I. ammo. 2, see-.e ;: ~==.:
~s, ::: ~...~ ::.~~ aORsily eSlalolishea = ~";i:. ::":. :=
:;t:e:S:=:i::~elOPffieFlt fights (TDR) req1:l1 S . i
The re uirements of this cha ter for the rovision of im act fees shall be waived
for affordable and employee housing and any market rate housing developed in
accordance with paragraph (8) below.
(5) Notwithstanding the provisions of sections 9.5-261 through 9.5-270. some or all
of an lawfull established nonresidential floor area situated on a arcel of at least
one loss acre containin affordable or em 10 ee housin shall be excluded
from the calculation of the total grOSS of development allowed on the parcel. For
purposes of this exclusion a floor area ratio of twent -five 25 ercent shall be
assumed. The exclusion of floor area shall be in accordance with the following
criteria:
a. If the parcel ofland is less than two (2) gross acres, the project's total
nonresidential floor area or two-thousand (2,000) square feet, whichever is
less, shall be excluded from the calculation; or
b. If the parcel ofland is two or more (2) gross acres, the project's total
nonresidential floor area or four-thousand (4,000) square feet, whichever is
less, shall be excluded from the calculation.
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i4j (2) In order for the owner of a parcel of land to be entitled to the incentives for
affordable or emoloyee housing outlined in this section and division 1.5,
article IV, the owner must ensure that:
a. The use of the affordable housing dwelling unit is restricted to households that
meet the adjusted gross annual income limits for median-income as defined in
s$section 9.5-4 (A-5); and
b. If the affordable housing dwelling unit is designated for employee housing ef
commereial apartments, the use of the dwelling is restricted to households that
derive at least seventy (70) percent of their household income from gainful
employment in Monroe County and meet the adjusted gross annual income
limits for median-income as defined in s$section 9.5-4(A-5); and
c. The use of the affordable or emoloyee housing dwelling unit is restricted for a
period of at least thirty (30) years to households that meet the requirements of
paragraph (4f (Q) a. or @ b. above; and
d. The size of the affordable or emoloyee housing dwelling unit shall be is
limited by a condition to be placed on the development permit which restricts
the habitable space of the unit to a maximum of one thousand three hundred
(1,300) square feet for a period of at least thirty (30) years; and
e. Tourist housing use or vacation rental use of affordable or employee housing
units is prohibited.
f. The parcel of land proposed for development of affordable or employee
housing shall not qualify for negative points under Section 9.5-122(a)(7), (8)
or (9) however properties designated IS-D, UR, URM or URM-L shall be
exempt from this prohibition.
(7) Commercial aoartment dwelling I:nits. as defined in section 9.5-4 (C-ll), shall
onl be eli ible for the incentives outlined in this section if the meet the
reQuirements ofoaragraph (6) above for emoloyee housing.
a. The use of the market rate housing dwelling unit is restricted for a oeriod of at
least thirt 30 ears to households that derive at least sevent 70 ercent of
their household income from gainful emoloYment in Monroe County: and
b. Tourist housing use and vacation rental use of the market rate dwelling unit is
orohibited.
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(9) Market rate housing dwelling units are not restricted to the thirteen hundred
(1.300) SQuare feet limitation on habitable space for affordable and employee
housing.
· Delete existing subsections 9.5-266 (b) and (c).
· Move administrative and compliance provisions from Section 266 (a) to
Section 266 (b).
(b) Administration and Comvliance:
(1) Before any certificate of occupancy may be issued for any structure, portion or
phase of a project subject to this section, restrictive covenants(s) shall be filed in
the official records of Monroe County to ensure compliance with the provisions of
this section running in favor of Monroe County and enforceable by the County.
The covenant(s) shall be effective for at least thirty (30) years, but shall not
commence running until a certificate of occupancy has been issued by the
building official for the dwelling unit or dwelling units to which the covenant or
covenants apply.
2
rovisions of this section shall be
a. Restricting affordable housing dwelling units to households meeting the
income reQuirements of section 9.5-266 (a)(6)a.
b. Restricting employee housing dwelling units to households meeting the
income and emplOYment reQuirements of section 9.5-266 (a)(6)b.
c. Restricting market rate housing: dwelling: units to households meeting the
emplOYment rep,uirements of section 9.5-266 (a)(S)a.
d. Restricting affordable and employee housing dwelling units to no more than
thirteen hundred (1.300) SQuare feet of habitable space.
e. Prohibiting tourist housing: use or vacation rental use of any housing
developed under the provisions of this section.
(3) The eligibility of a potential owner-occupier or renter of an affordable, emoloyee
or market rate housing dwelling unit, developed as part of an employee or
affordable housing proiect, 6f desigaated as or eFl'lployee shall be determined by
the planning department upon submittal of an affidavit of Qualification to the
planning department. The form of the affidavit shall be in a form prescribed by
the planning department. This eligibility shall be determined by the planning
department as follows:
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Initial~
a. At the time the potential owner either applies for affordable housing RaGa
allocation, or applies to purchase a unit that utilized affordable housing
RaGa allocation; or
b. At the time the potential renter applies to occupy a residential unit that utilized
an affordable RaGa allocation.
s. ~-:::~ .~:-~~=rd:~~~':::~:"":u."::=l.:::,~
;:; :: ::: :::sr:.. ~ :"bSeoti98 9.5 4(A~};:':
b. Re:,'-i::'; th:-loooo a,g~~~ aHa letter ef employme:H:t::d4:lr ee:el:lp:a:io~H
;::~o;:.= ~~ "':::~i~=~ :..~:: ~= 988ft
c. ::~~""::~ .:~~~~98 state",.... ~=:=:':~~~~b9
==:e a;~S~~~l: OCeHplea ey effij3loyee
5HBseetlen 9.5 266 (a)(6) b.
5
6
· Delete Section 9.5-284(e) that addresses commercial apartment development
standards.
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· Revise Section 9.5-232 to restrict commercial apartments in the Urban
Commercial District
(a) The following uses are pennitted as of right in the Urban Commercial District:
(4) Commercial apartments involving less than six (6) dwelling units in eeI'lj1::lfietian
,yith a peRBittee eemmereiall:lse;
(b) The following uses are permitted as minor conditional uses in the Urban
Commercial District, subject to the standards and procedures set forth in article III,
division 3:
(4) Commercial apartments involving more than six (6) to eighteen (18) dwelling
units in eal'lj1::lfietial'l \vith a permittee eammer-eiall:lsc, provided that:
a. The hours of operation of the commercial uses prapasea iH eaHjl:lHetieH with
the apanmeHts are compatible with residential uses; and [remainder of text is
unchanged. ]
· Revise Section 9.5-235 to include provIsIons for attached and unattached
residential dwellings designated as employee housing in the Sub Urban
Commercial District and restrict the use of commercial apartments.
(a) The following uses are permitted as of right in the Sub Urban Commercial
District:
(3) Commercial apartments involving less than six (6) dwelling units in cOHjl:lHetion
with a permitted eammereiall:lsc;
14 Attached and unattached residential dwell in s involvin... less than six 6 units
designated as employee housing as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Commercial District, subject to the standards and procedures set forth in article
III, division 3:
(4) Commercial apartments involving more th.an six (6) to eighteen (18) dwelling
units in eaHjl::lHctioH with a permitted eemmerciall::lsc, provided that:
a. The hours of operation of the commercial uses praposea il'l eOHj1:l1'1etiol'l \':ith
the 8partmel'lts are compatible with residential uses; and [remainder of text is
unchanged. ]
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(c) The following uses are permitted as major conditional uses in the Sub Urban
Commercial District subject to the standards and procedures set forth in article III,
division 3:
(9) Attached and unattached residential dwellings involving more than eighteen (18)
units. designated as employee housing as provided for in section 9.5-266.
· Revise Section 9.5-248 to include provisions for attached and unattached
residential dwellings designated as employee housing in the Mixed Use District
and to restrict use of commercial apartments.
(a) The following uses are permitted as of right in the Mixed Use District:
(8)Attached and unattached residential dwellings involving less than six (6) units.
designated as employee housing as provided for in section 9.5-266.
(b) The following uses are permitted as minor conditional uses in the Mixed Use
District, subject to the standards and procedures set forth in article III, division 3:
(5) Commercial apartments involving more than six (6) to eighteen (18) dwelling
units, provided that: [remainder of text is unchanged.]
a. The hours of operation of the commercial uses prol3asea in eanjl:ffietian with
the apar.ments are compatible with residential uses; and [remainder of text is
unchanged. ]
(2)Attached and unattached residential dwellings involving six (6) to eighteen (8)
units. designated as employee housing as provided for in section 9.5-266.
(c) The following uses are permitted as major conditional uses in the Mixed Use
District, subject to the standards and procedures set forth in article III, division 3:
(2)Attached and unattached residential dwellings involving more than eighteen (8)
units. designated as employee housing as provided for in section 9.5-266.
· Revise Section 9.5-249 to eliminate commercial apartments of six or more units
in the Industrial District.
(b) The following uses are permitted as minor conditional uses in the Industrial
District, subject to the standards and procedures set forth in article III, division 3:
(2) Commereial apartments in',olving mare than six (6) d'.velling l:mits in eanjl:ln0tion
with a permittee eommereiall:lse, pravidee that: [eliminate rem.ainder of text.]
· Revise Section 9.5-250 to eliminate commercial apartments of six or more units
in the Maritime Industries District.
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1";ri'J.~
(b) The following uses are permitted as minor conditional uses in the Maritime
Industries District, subject to the standards and procedures set forth in article III, division
3:
(1) Cemmer{iial apartmeets iFl'lelviBg more than six (6) dwelling mHts in eoBjooetien
with a permitted eemmereialase, pr{)vided tl1at: [eliminate remainder ef text.]
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida, at
a regular meeting held on the th day of November 2001.
Chair Ritz YES
Commissioner Coleman NO
Commissioner Werling YES
Commissioner Hill NO
Commissioner Putney YES
Signed this ~ ~ ~
PLANNING COMMISSION OF
MONROE COUNTY FLORIDA
BylL-!C VZ<-7
~ David C. Ritz, CliainnanJ
day of 6~r, 2001
BY
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