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Item W4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19.2002 Division: Growth Management Bulk Item: Yes No --K- Department: Planning AGENDA ITEM WORDING: A public hearing to consider a DCA Transmittal Resolution on the request by the Planning Department to repeal Policy 101.5.4-19 of the Year 2010 Comprehensive Plan and to repeal Section 9.5-122.3(a)(19) of the Monroe County Code that eliminates modest housing point assignment criteria in residential ROGO. ITEM BACKGROUND: The Planning Commission has held a series of public workshops and reviewed Jhe modest housing regulations during the 90-day moratorium on the award of modest housing point criteria, as directed by the BOCC. As a result of public hearings and research done by the Planning Staff, the Planning Commission recommended to the BOCC that the moratorium on the award of modest housing points be continued until staff was able to bring amendments repealing the language from both the Year 2010 Comprehensive Plan and Land Development Regulations. On May 14, 2002 the Development Review Committee recommended approval of both changes to the Planning Commission. On May 29,2002 the Planning Commission recommended approval of both changes to the Board of County Commissioners. PREVIOUS REVELANT BOCC ACTION: Resolution 033-2002 placed a 90-day moratorium on the award of modest housing ROGO points. After research and a recommendation by the Planning Commission, Resolution 173-2002 was passed at the regular meeting on April 17, 2002 to extend the moratorium until December 31, 2002 and directed staff to delete modest housing language from both the Year 2010 Comprehensive Plan and the Land Development Regulations. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No--K- AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMB/Purchasing DOCUMENTATION: Included X DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM #~ Revised 2/27/01 YEAR 2010 COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT ELIMINATING THE MODEST HOUSING POINT CRITERIA FROM THE RESIDENTIAL RATE OF GROWTH ORDINANCE TRANSMITTAL AND PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS MARATHON GOVERNMENT CENTER JUNE 19, 2002 PROPOSED TEXT AMENDMENT POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN AND SECTION 9.5-122.3(a)(19) OF THE LAND DEVELOPMENT REGULATIONS THE AMENDMENT PROPOSES TO AMEND POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN AND SECTION 9.5-122.3(a)(19) OF THE LAND DEVELOPMENT REGULATIONS BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABITABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND ATTACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFER OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. YEAR 2010 COMPREHENSIVE PLAN RECOMMENDATIONS Staff: Approval May 14, 2002 Staff Report DRC: Approval May 14, 2002 Resolution #D08-02 PC: Approval May 29,2002 Resolution #P36-02 LAND DEVELOPMENT REGULATION RECOMMENDATIONS Staff: Approval May 14, 2002 Staff Report DRC: Approval May 14, 2002 Resolution #D09-02 PC: Approval May 29,2002 Resolution #P37-02 TRANSMITTAL RESOLUTION RESOLUTION NO. - 2002 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABITABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND A TT ACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFERS OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. WHEREAS, the Monroe County Board of County Commissioners held a public hearing on June 19, 2002, for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, a proposed amendment to Policy 101.5.4-19 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support the requested amendment to Policy 101.5.4-19 of the Monroe County Year 2010 Comprehensive Plan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission pursuant to the draft ordinance for the adoption of the proposed amendment to Policy 101.5.4-19 of the Monroe County Year 2010 Comprehensive Plan; and Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0522, Florida Statutes; and Section 3. The Monroe County Staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of9J-I1.006 of the Florida Administrative Code; and Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. Page 1 of2 Initials \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Transmita\.doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th day of June 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,' BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 2 of2 Initials \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Transmital.doc DRAFT BOCC ORDINANCE TO AMEND POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN ORDINANCE NO. -2002 AN ORDINANCE REPEALING POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Policy 101.5.4-19 of the Year 2010 Comprehensive Plan currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 17th, 2002 directing Growth Management staff to defer the award of modest housing ROGO points for 90 days and to immediately begin working with the Planning Commission to review and prepare an amendment to the Year 2010 Comprehensive Plan concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modest/modular points be extended so that the language may be repealed from the Year 2010 Comprehensive Plan; WHEREAS, during a regularly scheduled meeting held on April 17, 2002, the Board of County Commissioners passed Resolution 173-2002 directing the Growth Management division Page 1 of 5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc to continue to defer the award of modest housing ROGO points until December 31, 2002 and to draft language that will repeal the modest housing criteria from the Year 2010 Comprehensive Plan; and WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to Policy 101.5.4-19 of the Year 2010 Comprehensive Plan; and WHEREAS, the Development Review Committee passed Resolution No. D08-02 recommending approval of the proposed text amendment; and WHEREAS, during a regular meeting held on May 29, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text and passed Resolution No. P36-02 recommending approval of the proposed text amendment; and WHEREAS, The Monroe County Board of County Commissioners were 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 May 14,2002; by K. Marlene Conaway, Director, Planning and Environmental Resources, 2. Proposed changes to the Monroe County Code, 3. The sworn testimony of the Growth Management Staff, 4. Comments by the public; WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendments to Policy 101.5.4-19 of the Year 2010 Comprehensive Plan submitted by the Monroe County Planning Department at a public hearing on June 19th, 2002; and WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact based on the evidence presented: 1. The intent of the modest housing point criteria was to encourage the development of housing that had characteristics that make them more reasonably priced, and 2. Insufficient definitions of what characteristics qualify a house as 'modest' and insufficient guidance in the point criteria do not assure that a house receiving modest housing points will be moderately priced, and 3. Individuals who had applied for a residential building allocation before the modest housing criteria was adopted and might have received an allocation because of points accrued through years in the system, are no longer competitive and may not receive a allocation, and Page 2 of 5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc 4. As a result of the public workshops and a review of the regulations, the Planning Commission has recommended that the point criteria for modest housing be removed from both the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations, and 5. At their regular meeting on April 17th 2002, the Board of County Commissioners passed Resolution No. 173-2002 which extends the moratorium on the award of modest housing points and directed staff to remove the modest housing point criteria from the Year 2010 Plan and the Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes th~ following Conclusions of Law based on the evidence presented: . 1. The intent of the 'modest housing' criteria was to encourage the development of houses with 'modest' characteristics that result in moderately priced housing, and 2. The point criteria has not resulted in encouraging moderately priced housing and artificially inflated the score needed to obtain a ROGO allocation, and 3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the modest housing criteria are not consistent with the other goals, objectives, and policies set forth in the plan and therefore should be removed from Policy 101.5.4 of the Year 2010 Comprehensive Plan; 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 Monroe 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. Policy 101.5.4 -19 of the Monroe County Year 2010 Comprehensive Plan is hereby repealed as followed (repealed language shown with strike-through): Policy 101.5.4 19. Modest Housing Points shall be assigned to eneourage the development of residential d',velling units with charaeteristics that make them relati'/ely less eJepensiye than similar residential d'.velling units that lack these charaeteristics. Page 3 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc ~. ,.., ~ 0 0 ~ . 0 . 0 T'\n._ll~_ T T_~.. LJ 1 Criteria An application yAHoo qHalifies for infill ROGa points l.lflder Policy 101.5.1 and wlHeh pmposes the de>/elopment of a detaehed r-esidmtial dwelling unit that utilizes a RDGO allocation and contains one thoooand three hwlElr-ea (1,300) sql:laf-e feet, or less, of habitable spaee. The pareel ofland pmposed for deo/eloping a detached residmtial d'::elling 1:1I1it shall not qaalify for negative eflvi:r-omnental points under Poliey 101.5.4; however, pr-oflerties designated Residential High shall be eXeIl'lpted fr-om this prohtbition. .An affor-dable 1:H1it is not eligible for these points since a residential dwelling unit that utilizes an affor-dable RDGO allocation is akeady required to contain one thousand three hundred (1,300) sqtlare feet, or less, of habitable Sflaee. Minor Positive Minor Positi'/e f1dditional points shall be earned for proposing a o 0 0 0 0 . ~1 0 0 0 . Minor Positive f1dditional points shaH be earned for proposing a detached residential dwelling lHlit on a non ,.. , A 0 o-no . - - TT_~.. '-' un Minor Positive fJl application which qualifies for infill ROGO points under Policy 10 1.5.4 and 'uhich proposes the development of an attached dwelling ooit that utilizes a ROGO allocation aNd contaiNS one thousand three hundred (1,300) square feet, or less, of habitable sflace. The parcel of land proposed for developing an attached residential dwelliNg unit shall not qualify for negative eN'lironmental poin.ts under Policy 101.5.1; ho\vever, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not eligible for these points since a residential dwelliNg lHlit that utilizes an affordable ROGO allocation is already reql:lired to contaiFl one thousand three hundred (1,300) square feet, or less, of habitable space. MiNor Positi'/e f1dditional points shall be €lamed for proposing an attached residential dwelling unit on a non - Minor Positive . 0 o' O__~__L_ .1- .111- 1 ,.. ~ L~' Page 4 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc attaehed modular residential dwelling l:mit. Minor Positive ,^J} applieation shall earn an additional point for proposing an attaohed residential dV/elling \:ll'lit that utilizes a residel'ltial transf~r ofROGO exemptioR (TRE), on a one f.or ORe basis (see Policy 101.5.10). 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 transmitted by the Planning Department to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 5. 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 finding the amendment in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ~.^STOFORM AN \.1J, SC:7FI NCY B Attorney's Office DEPUTY CLERK Page 5 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord Comp.doc DRAFT BOCC ORDINANCE TO AMEND SECTION 9.5-122.3(a)(19) OF THE LAND DEVELOPMENT REGULATIONS ORDINANCE NO. -2002 AN ORDINANCE REPEALING SECTION 9.5-122.3(a)(19), MONROE COUNTY CODE, BY ELIMINATING POINTS FOR MODEST HOUSING UNDER ROGO; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE CODE; AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 9.5-122.3(a)(19) of the Land Development Regulations (LDRs) currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 17th, 2002 directing Growth Management staff to defer the award of modest housing ROGO points for 90 days and to immediately begin working with the Planning Commission to review and prepare an amendment to the LDRs concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modest/modular points be extended so that the language may be repealed from the LDRs; Page 1 of6 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord LDR.doc WHEREAS, during a regularly scheduled meeting held on April 17, 2002, the Board of County Commissioners passed Resolution 173-2002 directing the Growth Management division to continue to defer the award of modest housing ROGO points until December 31, 2002 and to draft language that will repeal the modest housing criteria from the Land Development Regulations; and WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend Section 9.5-122.3(a)(19) of the Land Development Regulations; and WHEREAS, the Development Review Committee passed Resolution No. D09-02 recommending approval of the proposed text amendment; and WHEREAS, during a regular meeting held on May 29, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text and passed Resolution No. P37-02 recommending approval of the proposed text amendment; and WHEREAS, The Monroe County Board of County Commissioners were 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 May 14, 2002; by K. Marlene Conaway, Director, Planning and Environmental Resources, 2. Proposed changes to the Monroe County Code, 3. The sworn testimony of the Growth Management Staff, 4. Comments by the public; WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendments to the Monroe County Code submitted by the Monroe County Planning Department at a public hearing on June 19th, 2002; and WHEREAS, the Monroe County Board of County Commissioners makes the following Findings of Fact based on the evidence presented: 1. The intent of the modest housing point criteria was to encourage the development of housing that had characteristics that make them more reasonably priced, and 2. Insufficient definitions of what characteristics qualify a house as 'modest' and insufficient guidance in the point criteria do not assure that a house receiving modest housing points will be moderately priced, and Page 2 of6 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord LDR.doc 3. Individuals who had applied for a residential building allocation before the modest housing criteria was adopted and might have received an allocation because of points accrued through years in the system, are no longer competitive and may not receive a allocation, and 4. As a result of the public workshops and a review of the regulations, the Planning Commission has recommended that the point criteria for modest housing be removed from both the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations, and 5. At their regular meeting on April 17th 2002, the Board of County Commissioners passed Resolution No. 173-2002 which extends the moratorium on the award of modest housing points and directed staff to remove the modest housing point criteria from the Year'2010 Plan and the Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following Conclusions of Law based on the evidence presented: 1. The intent of the 'modest housing' criteria was to encourage the development of houses with 'modest' characteristics that result in moderately priced housing, and 2. The point criteria has not resulted in encouraging moderately priced housing and artificially inflated the score needed to obtain a ROGO allocation, and 3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the modest housing criteria are not consistent with the other goals, objectives, and policies set forth in the plan and therefore should be removed from the Land Development Regulations; 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 C~unty Board of County Commissioners that the following amendment to the Monroe 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. Section 9.5-122.3(a)(19) of the Monroe County Code is hereby repealed as follows (repealed language shown with strike-through): 19) Afodest !toNsing: The following points shall be assigned in order to encourage the construction of moderately priced residential dwelling units. Page 3 of6 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord LDR.doc .,. , _, n '.1 . -, .,. n. TT~:.. n, CrUcria: -14 f.n application \vhieh qualifies for infill RaGa points and pr-oposes to develop a detaehed residemial d'Nelling liflit that oontains one thousand three hlilldred (1,300) sqUCH"e feet, or less, of habitable Additional FCfjblir<Jl'Iicnts: 1. .^Jl affordable unit is not eligible for these points sinoe a resideatial dwelling liIlit that utilizes an affordable RaGa allocation is already required to eOFltain one thousand three hundred (1,300) sqUCH"e feet, or less, of habitable space. 2. The pCH"cel ofland proposed f-or developing the detached residential dwelling unit shall not qualify f-or negative points under section 9.5 122.3(a)(7) or (8) or (9), exeept for a pCH"eel ofland loeated within a URM:, URM L, IS D or UR land use district. 3. Expansion of the habitable space of the detached residential dwelling lHlit ~1..nll1..~1' . 11.., ,.. .,- . ~"_n+l~n~+n~'~' f"7\ ~u_u ~_ -, -. ._-~. -l4 .^Jl application shall earn additional points for proposing a detached modl:llar . 1 ...], ... _u,. Additional rCfjUiFCl'nCnts: 1. To be eligible f-or these points, the detached modular residential dwelling unit must meet the minimum windload requirements for Monroe COl:lnty. 2. Both affordable and ffiCH"ket units are eligible for these points. -+4 An application shall earn an additional point for proposing a detached residential ... n"'~" .-- ~ 1 ~ -_uUI:o -- . Additional rCfjbliFCl'Iicnts: 1. Both affordable and ffiCH"ket units CH"e eligible for this point. . .~ . . . TT~:" ~n_ n Criteria: Page 4 of6 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord LDR.doc ~ An applieatioFl ':mieh proposes to develop an attaened resideFltial dwelliFlg lmit that cOntalFlS one thousand three hundred (1,300) sql:lare feet, or less, of habitable ~t'--_. Additie1'lal rCfjbliromc1'lts.- 1. Both affordable and market l:ll1its are eligible for these points. 2. The parcel of land proposed fur developing an attaened resideFltial dwelliFlg l:lFlit shall not ql:lalify fur negati'/e poiBts l:lf}(ler seetion 9.5 122.3(a)(7) or (8) or (9), eKeept for a pareel ofland loeated within a URM, URM L, IS D or DR land use distriet. 3. ExpansioFl of the habitable space of an attaehed residential d'Nelling l:lFlit _'- .11 1- 'l. ,. . .1.. &" ~+ 1_ /'7\ ~.._.. ~- ---. -14 An application shall earn additional points fur proposiFlg an attaehed modular attached . , , ,.. -..... Additienal FCfjNiromc1'lts: (1) To be eligible for these points an attaehed residential modular d'llelling unit nmst meet the miniml:lm windload requirements fur Monroe COl:lnty. (2) Both affoFdable and market units are eligible for these points. -+--!- An applieatioFl shall earn an additional point fur proposing an attaehed residential , ..' .- ~-- ,. 1 --... - -- . Additi81'lsl rCfjbliFCmC1'lts: (1) To be eligible for this point, the modular dwelling unit must meet the miniml:lm windload requirements for Monroe COllnty. /'l\ n. .+1. ,.,. , , ..:I , :+. .1~ ~'-1 r_ +1..,~ ~ _~'_+ ~~. ....u t-'~..... ~ }Jl applicatioFl shall earn additional points for l:ltilizing transfers ofROGO exemptions (TREs) in the development of an attached residential dv;elling l:lnit on a oFle fur one basis. All sueh transfers mast oeeur in :+1.. ~ . . n I: 1'lf\ A Il.\ , .. .- ---. .,- . 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. Page 5 of 6 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord LDR.doc Section 4. 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. Section 5. 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 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 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 60f6 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Ord LDR.doc BOCC STAFF REPORT Memorandum W: FROM: DATE: RE: Board of County Commissioners .) k K. Marlene Conaway, Director, Planning and En~e'ntal Resources May 16, 2002 Repeal of modest housing language from the Year 2010 Comprehensive Plan and Land Development Regulations. STAFF REPORT I. Background In 2000, the residential Rate of Growth Ordinance (ROGO) was amended to encourage the construction of moderately priced housing by providing points for 'modest housing'. While the intent of 'modest housing' point criteria was clear, there have been many problems with its implementation. The ordinance does not provide sufficient guidance to assure that the housing has characteristics that make them more reasonably priced, nor does the point criteria sufficiently define what 'modest housing' is. Throughout the process of implementing modest housing, the Planning Director has written numerous memoranda explaining the intent behind the 'modest housing' point criteria. Consequently, Administrative Interpretation No. 01-113 defines specific criteria to be used to determine if a house meets the characteristics of 'Modest Housing'. However, even with further definition, problems continued to arise because of the 'modest housing' point criteria. The Planning Director met twice with the Planning Commission as a part of their regular meetings to discuss concerns with the modest housing criteria. The Planning Commission received public comments on implementing the modest housing provisions at both ofthese meetings and at subsequent Commission meetings. On December 27,2001, the Planning Commission requested a 90-day deferral on the award of modest housing points from the Board of County Commissioners in order to provide time to review and amend the ordinance to clearly define when points should be awarded for 'modest housing'. During this ninety-day period, the Planning Commission held two public workshops to receive public comment and review research on the regulations. The majority of applications that were receiving points for modest housing criteria were being built by contractors/developers and then sold for a price that is not considered 'modest' (between $289,000 and $325,000). Additionally, modest housing point criteria have inflated needed ROGO scores to receive an allocation. Some individuals who had applied for residential building allocation before the modest housing criteria was adopted and might have received an allocation because of points accrued through years in the system are no longer competitive. Page 1 of5 \\GMDOO59\pub$\Planning\ Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Staff Report.doc As a result of the public workshops, the Planning Commission has recommended that the point criteria for modest housing be removed from both the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations. A letter from the chair of the Planning Commission to the Mayor and Board of County Commissioners stated the Planning Commission's findings and requested an extension of the deferral of modest housing points until the language could be repealed. At their regular meeting on April 17, 2002, the Board of County Commissioners passed Resolution 173-2002 directing the Growth Management division to continue to defer the award of modest housing ROGO points until December 31, 2002. Additionally, Growth Management staff was directed to draft language that will repeal the modest housing criteria from the Year 2010 Plan and the Land Development Regulations. The Development Review Committee unanimously passed resolutions supporting the proposed amendments at the May 14, 2002 regular meeting. The Planning Commission unanimously passed resolutions supporting the proposed amendments at the May 29, 2002 regular meeting. II. Proposed Text The modest housing point criteria must be deleted from both the Year 2010 Comprehensive Plan and the Land Development Regulations. The language in the Comprehensive Plan must be removed first, then it is possible to remove the language from the Land Development Regulations. However, in the initial stages of review both revisions may be considered at the same time. Underlined text is new language and strikethroagh text indicates language to be deleted. From the Year 2010 Comprehensive Plan: Policy 101.5.4-19 19. Modest Housing Points shall be assigned to encourage the d0'/elopment of residential dwelling units with characteristics that make them relatively less ,*pelliiive than similar residential dwelling ooits that lack these charaeteristies. ...... .1 ..... . '-n.. n. ,T T. :. Vl eightirlg Category Criteria Minor Positive f.n application 'Nhieh qualifies for infill ROGO points under Policy 101.5.1 and w.meh proposes the development of a detached residential dwelling wHt that utilizes a ROGa allocation and contains one thm:1sand three hwldred (1,300) sql:lafe feet, or less, of habitable space. The parcel of land proposed for , , 1 ..1 , . 1 1 11' ._:. _L_11 Page 2 of5 \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Staff Report.doc not q1:lalify for negative efWlrOnmootal points lillder Policy 101.5.1; hO'NeVef, properties desigaated Residential High shall he eKerHpted fr-om this pr-olHbitiOfl. An atToniable writ is FlOt eligible for these points sinee a r-esideHtial dwelling lH'lit that 1:ltilizes an affordable RaGO allocation is already required to eontain one thoNSand three hoodroo (1,300) square feet, or less, of habitable spaee. Minor Positive .A~dditional points shaY be earned for pmposmg a detached modular residential &::elling 1:lflit. Minor Positi':e .^~-dditional points shall be earned for pr-oposing a detached residential d';velling lH'lit on a non waterfront property. A , 'n . . . .- ... T T. . . <<"E> ......... Minor Positi';e 1\n application ....-meh qtlalifies for infill RaGO points lIDder Polioy 10 1.5.1 and v:hieh pr-oposes the development of an attached dwelling lH'lit that utilizes a RaGa allocation and eontains one tR01:lsand three lRmdred (1,300) sql:1are feet, or less, of habitable speee. The pareel of land proposed for developing an attached residential d'. veIling wIit shall not qua.J:ify for negative oIrvir-onmental points lIDder Poliey 101.5.1; however, propertios desigaated Residential High. shall be i*erHpted fr-om this pmmbition. f.n affor-dable 1:lflit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGa allocation is alr-eady req1:1ired to eontain one thousand thr-ee hundred (1,300) sql:lare feet, or less, of habitable space. Minor Positive j\dditional points shall be earned for proposing an attached residential dwelling unit on a non waterfront Minor Positive Additional points shall be earned for pmposi-ng an attached modular residential dwelling wIit. Minor Positive .\n applioation shall earn an additional point for pmposiflg an attached residential &:lelling 1:lflit that utilizes a residential transfer ofROGa oJ(emption (TRE), on a one for one basis (see Polioy 101.5.10). Page 3 of5 \\GMDOO59\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Staff Report.doc From the Land Development Regulations: Section 9.5-122.3(a)(19) 19) ~~(Btlest hBlIsbq;: The following points shall be assigned in order to eneOl:lrage the ~ . . . . . . . .._:~- .~ -.;;TT ~ ~. ~ . .- . - . -- '-. ... n, . Criteria:: ~.... +2 :\11 application whieh ql:lalifies ror infill ROGO points and pr-oposes to d6'lelop a detaehed residential dwelling 1:1D:it that eontams one thousand three lmndred (1,300) ,. __ 1___ ~..... ~,-ur , .- Additiana:l roqN,{rcmcnts: 1. .^ill affor-dable anit is not eligible ror these points sinee a residential dwelling unit that milizes an affordable ROGO allocation is ak-eady reqoo-ed to eontam one tflol:1Sand tmee hundred (1,300) square feet, or less, of habitable space. 2. The par-oel ofland pr-oposed for developing the detached residential dwelling tmit shall Hot qualify for negative points l:H'lder seetion 9.5 122.3(a)(7) or (8) or (9), i*.eept ror a par-eel ofhmd located v:ithin a URM, URM L, 18 D or UR land l:1Se district. 3. Expallilion of the habitable Sflace of the detaehed residential dwelling tmit _1...111 .. . !1..___ ... .1.. .,. _~1___._ /,.,~ I u..~.. U~ t' ~ +2 .^.n application shall earn additional points ror pr-oposing a detaehed modular residential . .. . Additiona1 l'oquir'cmcnts: 1. To be eligible ror these points, the detached modular residential dwelling 1:1D:it must meet the minimmn windload reqmrements ror Monr-oe C01mty. 2. Both affordable and market tmits are eligible ror these points. # I\n application shall earn an additional point ror proposing a detached r-esidential d,,:elliag unit on a non v/aterfr-ont lot. Additi(')f'la:l rofjUil"CfflCfltS: 1. Both affordable and market units are eligible for this point. . .- . - . -- '-. TT._ ~ .... Page 4 of5 \\GMD0059\pub$\Planning\ Working Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Staff Report.doc n Cri1cl'ia: 4 ~.... ~ .^Jl applieation '::ffieh proposes to develop an attaehed r-esidential awelling unit that eomains one tRoHsand three ffimdr-ed (1,300) r_ .1 ~. ., '-' , -.... ...-........, .-. Additi61'la/l'CfjliiFCfflCfltS: 1. Both afiOrdable and market wHts ar-e eligible for these points. 2. The pareel of land proposed for de>:eloping an artaehed residential d':/elling wHt shall not qualify for Flegative points 1:lflder section 9.5 122.3(a)(7) or (8) or (9), eKeept for a par-eel ofland loeated within a URM, URM L, 18 D or DR land use district. 3. Expansion of the habitable spaee of an attaehed r-esidential dv:elling 1:Iflit shall I t..~ ,. 1 1- .. . ~, . r_ I. .+ r""7\ . .__._ ~- ~u .-- \ .f4 } J'l applieation shall earn additional poims for pr-oposing an attacbed mooolar attached . , . , , 11' ._~+ ,4dditi6l'lall'Cfjliil'C1'Iwl'lts: (1) To be eligible for these points an attoohed residential modular dwelliFlg unit must meet the minimwn '.vindload r-equirements for MOfl{'-oe County. (2) Both affordable and mark-et mits are eligible for these points. # .^Jl applieation shall earn an additional point for proposing an attacbed residential dwelling wHt on a non '.yaterfI"-oflt lot. Additi611al rCfjbtif'CHwnts: (1) To be eligible for this point, the mooolar &:lelling wHt must meet the rn:inimum windload requirements for Monroe Coumy. f"l\ n ..+1.. ~ .. __...1 , .~+- --- .,. "., ,. ., . . .~ ....'" .f4 ,^Jl applieation shan earn additional points for utilizing transfers ofROGO eKeFl'lfltions (TREs) in the dEwelopment of an attaehed residential dwelling 1:H1it on a OFle for one basis. All sHeh transfers mast oeeur in '" n ~ 1 '\n A 11...\ ~~~. 'l~J' Page 5 of5 \\GMD0059\pub$\Planning\W orking Folders\will-robert\Text Amendments\Modest Housing\BOCC Modest Repeal Staff Report.doc PLANNING COMMISSION RESOLUTION #P36-02 PLANNING COMMISION RESOLUTION NO. P36-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROV AL OF A REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABITABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND A TT ACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFERS OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. WHEREAS, Policy 101.5.4-19 of the Year 2010 Comprehensive Plan currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 17th, 2002 directing Growth Management staff to defer the award of modest housing ROGO points for 90 clays and to immediately begin working with the Planning Commission to review and prepare an amendment concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and Page 1 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P36-02 Comp.doc WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modes~/modular points be extended so that the language may be repealed from the Year 2010 Comprehensive Plan; and WHEREAS, during a regularly scheduled meeting held on April 17, 2002, the Board of County Commissioners passed Resolution 173-2002 directing the Growth Management division to continue to defer the award of modest housing ROGO points until December 31, 2002 and to draft language that will repeal the modest housing criteria from the Year 2010 Plan; and WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend the Monroe County. Year 2010 Comprehensive Plan Policy 101.5.4-19; and WHEREAS, the Development Review Committee passed Resolution No. D08-02 recommending approval of the proposed text amendment; and WHEREAS, during a regular meeting held on May 29, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text; and WHEREAS, The Planning Commission 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 May 14, 2002 by Robert Will, Planner. 2. The sworn testimony of the Growth Management Staff. 3. Advice from John Wolfe, the Planning Commission Counsel; and 4. Comments by the public; and WHEREAS, Resolution No. P37-02 to amend the Land Development Regulations Section 9.5-122.3(a)(19) by deleting the modest housing point criteria was passed by the Planning Commission concurrently with this resolution; and WHEREAS, the Planning Commission has made the following Findings of Fact based on the evidence presented: 1. The intent of the modest housing point criteria was to encourage the development of housing that had characteristics that make them more reasonably priced, and 2. Insufficient definitions of what characteristics qualify a house as 'modest' and insufficient guidance in the point criteria do not assure that a house receiving modest housing points will be moderately priced, and Page 2 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P36-02 Comp.doc 3. Individuals who had applied for a residential building allocation before the modest housing criteria was adopted and might have received an allocation because of points accrued through years in the system, are no longer competitive and may not receive a allocation, and 4. As a result of the public workshops and a review of the regulations, the Planning Commission has recommended that the point criteria for modest housing be removed from both the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations, and 5. At their regular meeting on April 1 th 2002, the Board of County Commissioners passed Resolution No. 173-2002 which extends the moratorium on the award of modest housing points and directed staff to remove the modest housing point criteria from the Year2010 Plan and the Land Development Regulations; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact support its decision to recommend APPROVAL to the Board of County Commissioners of the amendment to the text ofthe Monroe County Year 2010 Comprehensive Plan, Policy 101.5.4-19 as follows: Policy 101.5.4 19. Modest Housing Points shall be assigned to eneol:lrage the developmem of residential d'Nelling units with eharacteristies that make them relati'/ely less expensive than similar residential d'.veHing l:lnits that laek these oharacteristies. n. _1_ 1 T> . 1 . 1 n, .11: TL :L ~UH H. . " r", Criteria Minor Positive An application v,weh qualifies for infill RDGO points l:Hlder Policy 101.5.4 and "....wch proposes the de':elopment of a detaehed r-esidemial dv:elling llIlit that utilizes a ROGO alloeation and oontains one thousand three hwldr-eEi (1,300) s~ feet, or less, of habitable spooe. The par-eel ofland pr-oposed for developing a detoohed residential dV/elling 1:mit shall not qualify for negative envir{)l1fl'lental points W1der Policy 101.5.4; howe'/cr, properties designated Residemial High shall be exempted fi'-em tlHs prohibition. .^Jl affordable anit is not eligible for these points siDee a residential dwelling unit that utilizes an affordable RDGO allocation is already requir-od to contain one thousand three hoodred (1,300) sqtlan;1 feet, or less, of habitable spooe. I Minor Positive I j\dditional points shall be earned for pr-oposing a Page 3 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P36-02 Comp.doc I MiRe< Pa,iti~ I~~~::~nga I detached resIdentIal dwellmg umt on a non A., , 'n . ~, . ~, " . T. . Minor Positive .^.n application v:hich q1:lalifies for infill ROGO points 1:lnder Policy 10 1.5.4 and which pr-eposes the development of an attached d'.velling 1:lnit that utilizes a ROGO alloeation and contains one thousand three hlHldred (1,300) sq1:lare feet, or less, of habitable space. The parcel of land prop9sed for developiRg an attached residential d'.velling lHlit shall Rot q1:lalify for negative eByiroRmental paints 1:lader Policy 101.5.4; howe'ler, properties designated Residential High shall be exempted from this prohibitioR. i\n affordable 1:lnit is not eligible for these points since a residential dwelliRg 1:lnit that utilizes an affordable ROGO allocation is already req1:lired to contain one tho1:lsand three h1:llldred (1,300) square feet, or less, of habitable space. Minor Positive .^~dditioaal points shall be earned for proposing an attached residential dwelling 1:lnit on a Ron <- Minor Positive .^~dditional points shall be earned for proposing an attached modular residential dwelling 1:lnit. Minor Positive .^.n application shall earn an additional point for proposing an attached residential dVlelling unit that utilizes a residential transfer ofROGO exemption (TRE), on a one for one basis (see Policy 101.5.10). [The remainder of this page left intentionally blank] Page 4 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P36-02 Comp.doc PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a regular meeting held on the 29th day of May, 2002. Chair David C. Ritz Vice Chair Denise Werling Commissioner P. Morgan Hill Commissioner Jerry Coleman Commissioner Alicia Putney YES YES YES absent YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY David C. Ritz, Chair Signed this _ day of ,2002. Page 5 of 5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P36-02 Comp.doc PLANNING COMMISSION RESOLUTION #P37-02 PLANNING COMMISION RESOLUTION NO. P37-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROV AL OF A REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND SECTION 9.5-122.3(a)(19) OF THE LAND DEVELOPMENT REGULATIONS BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABITABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND ATTACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFERS OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. WHEREAS, Section 9.5-122.3(a)(19) of the Land Development Regulations (LDRs) currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 17th, 2002 directing Growth Management staff to defer the award of modest housing ROGO points for 90 days and to immediately begin working with the Planning Commission to review and prepare an amendment to the LDRs concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and Page 1 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P37-02 LDR.doc WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modest/modular points be extended so that the language may be repealed from the Land Development Regulations; WHEREAS, during a regularly scheduled meeting held on April 17, 2002, the Board of County Commissioners passed Resolution 173-2002 directing the Growth Management division to continue to defer the award of modest housing ROGO points until December 31, 2002 and to draft language that will repeal the modest housing criteria from the Land Development Regulations; and WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend Section 9.5-122.3(a)(19) of the Land Development Regulations; and WHEREAS, the Development Review Committee passed Resolution No. D09-02 recommending approval of the proposed text amendment; and WHEREAS, during a regular meeting held on May 29, 2002, the Monroe County Planning Commission conducted a public hearing on the proposed text; and WHEREAS, The Planning Commission 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 May 14,2002 by Robert Will, Planner. 2. The sworn testimony of the Growth Management Staff. 3. Advice from John Wolfe, the Planning Commission Counsel; and 4. Comments by the public; and WHEREAS, Resolution No. P36-02 to amend the Year 2010 Comprehensive Plan Policy 101.5.4-19 by deleting the modest housing point criteria was passed by the Planning Commission concurrently with this resolution; WHEREAS, the Planning Commission has made the following Findings of Fact based on the evidence presented: 1. The intent of the modest housing point criteria was to encourage the development of housing that had characteristics that make them more reasonably priced, and 2. Insufficient definitions of what characteristics qualify a house as 'modest' and insufficient guidance in the point criteria do not assure that a house receiving modest housing points will be moderately priced, and Page 2 of5 Initial \\GMD0059\pub$\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P37-02 LDR.doc 3. Individuals who had applied for a residential building allocation before the modest housing criteria was adopted and might have received an allocation because of points accrued through years in the system, are no longer competitive and may not receive a allocation, and 4. As a result of the public workshops and a review of the regulations, the Planning Commission has recommended that the point criteria for modest housing be removed from both the Year 2010 Comprehensive Plan and the Monroe County Land Development Regulations, and 5. At their regular meeting on April 1 ih 2002, the Board of County Commissioners passed Resolution No. 173-2002 which extends the moratorium on the award of modest housing points and directed staff to remove the modest housing point criteria from the Year 2010 Plan and the Land Development Regulations; , NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact support its decision to recommend APPROVAL to the Board of County Commissioners of the amendment to the text of the Monroe County Land Development Regulations, Section 9.5-122.3(a)(19) as follows: Section 9.5-122.3(a) 19) Jt{8dest h8llsing: The following points shall be assigned in order to encoMfage the ,1:' , , . , . , , 11' .;~~ JUYU ~~ ~ . ~n . . . -, ~ n. TT. :.. D . .. Critcritl: ~ V'.... ~ .^J1 applieation which qualifies for infill RaGa points and proposes to develop a detached residential dwelling unit that eontains one thousand three humked (1,300) square f-eet, or less, of habitable I~ Additientll FCtjNircmcnts: 1. .^J'l affordable unit is not eligible for these points sines a residential dwelling 1::lHit that utilizes an affordable RaGa allocation is already required to eontain one thousand tm-ee handred (1,300) square feet, or less, of habitable spaee. 2. The pareel of land proposed for deyeloping the detached residential dwelling unit shall not qualify for negatiye poims under seetion 9.5 122.3(a)(7) or (8) or (9), except for a parcel ofland located 'lIithin a URM, URM: L, 18 D or UR land use district. 3. Expansion of the habitable spaee ofthe detached residential dwelling unit _ 1. _11 1. ., 1- ,. . ~~ ~1..~ . ~~ n~ 1 .~ 1''7\ ~ - ~u .u~ Page 3 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P37-02 LDR.doc -i4 An application shall earn additioaal points for proposing a detached modl:llar . . '.1 . ... :.. AdrJitienal r~quir-cmcnts: 1. To be eligible for these poiats, the detaehed modular residential dwelling unit must meet the miniml:lm windload requirements for Monroe County. 2. Both affordable and market units are eligible for these points. -+4 ..^J} application shall earn an additional point f-or proposing a detached residential -.. . ~ _~_ - 1~.. "'UL ~u .. AdrJitional r<:q'blir-cmcnts: 1. Both affordable and market units are eligible for this point. . .- . . . .- ... TTu~ 'V UK n Criteria: !~ ~ ... ~ ..^Jl application 'lIhich proposes to deyelop an attached resideatial dwelling unit that contains one thousand tm-ee hundred (1,300) square feet, or less, of habitable AdrJitional r-cquiFcmcnts: 1. Both affordable and market units are eligible for these points. 2. The parcel of land proposed for developing an attached residential d'.velliag l:lllit shall not ql:lalify for negatiye poiats l:lllder section 9.5 122.3(a)(7) or (8) or (9), 0)eeept f-or a parcel ofland located within a URM, URM L, 18 D or DR land use distriet. 3. Expansion of the habitable space of an attaehed residential dwelling l:lflit _1. .11 1. .. . . 1. ~ ... __ ..1. . L'_ 1,... 1"'"\ ~ .. -.;nr un. ~ ..^Jl application shall earn additional points for proposing an attached modular attaehed . - . - . ..' n_:" "'UL. AdrJitiel'lal rcquiFC1'I1cnts: (1) To be eligible f-or these points an attached residential modular dwelling unit ml:lst meet the minimum windload requiremeNts for MOHioe County. (2) Both afiOrdable and market units am eligible fOr these points. # An application shall €lam an additional point for proposing an attaehed residential . ... :.. - 1 '~L. Page 4 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P37-02 LDR.doc Additi81'lElI1'CljbliFC1'1'lCl'lts .- (1) To be eligible for this point, the modular dwelling ooit mllst meet the minimmn windload requirements for MOIH'-oe Col:lflty. ~ .^.n application shall earn additional points for l:ltilizing transfers ofROGO exemptions (TREs) in the development of an attached residential dv,'elling ooit on a one for one basis. All sllch transf-ers mllst oee\:lr in PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida, at a regular meeting held on the 29th day of May 2002. Chair David C. Ritz Vice Chair Denise Werling Commissioner P. Morgan Hill Commissioner Jerry Coleman Commissioner Alicia Putney YES YES YES absent YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA BY David C. Ritz, Chair Signed this _ day of ,2002. Page 5 of5 Initial W:\Planning\Working Folders\will-robert\Text Amendments\Modest Housing\PC Reso #P37-02 LDR.doc DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D08-02 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D08-02 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND POLICY 101.5.4-19 OF THE YEAR 2010 COMPREHENSIVE PLAN BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABIT ABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND ATTACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFERS OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. WHEREAS, Policy 101.5.4-19 of the Year 2010 Comprehensive Plan currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 17th, 2002 directing Growth Management staff to defer the award of modest housing ROGa points for 90 days and to immediately begin working with the Planning Commission to review and prepare an amendment concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and Page 1 of 4 Initial ~ WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modest/modular points be extended so that the language may be repealed from both the Year 2010 Comprehensive Plan; and WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend the Monroe County Year 2010 Comprehensive Plan Policy 101.5.4-19; and WHEREAS, the Development Review Committee examined the staff report prepared by Robert Will, Planner and dated May 14, 2002; and WHEREAS, Resolution No. D09-02 to amend the Land Development Regulations Section 9.5-122.3(a)(19) by deleting the modest housing point criteria was passed by the Development Review Committee concurrently with this resolution; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact supports their decision to recommend APPROVAL to the Monroe County Planning Commission of the proposed text amendment to the Monroe County Year 2010 Comprehensive Plan Policy 101.5.4-19 as follows: Policy 101.5.4 19. Modest Housing Points shaH be assigned to eneoRrage the development of residential d\velling Rnits with eharacteristies that make them relatively less expensiye than similar resiaential dv;elling RFlits that laek these characteristics. n 1 1 TO . Minor Positive . .. -. .... ,TT.. Criteria fJI applieation 'limch qRalifies for infill RaGO points 1:1l1der Policy 101.5.4 and wilieh proposes the development of a detached residential dwelling Wlit that utilizes a RaGa allocation and eomains one thm:lsand three hl:mdred (1,300) sq1:lare fcet, or less, of habitable spaee. The par-eel ofland proposed for de'lelopiflg a demehed residential dwelling Wlit shall not qualify for negative envir-omnental points WKler Policy 101.5.4; hov;Ewer, pr-operties designated Residential High shall be eJeeHlf'lted tr-om this pr-ohibition. fJI affordable 1:H1it is not eligible for these points since a residential dwelling Iillit that l:ltilizes an affordable RaGa allocation is already reql:lired to contain one thousand three hundred (1,300) square feet, or less, of habitable space. Page 2 of4 Initial ~ Minor Positive }..dditieBal f)eiFlts shall be earned for proposing a , , , , . , . .1 n_:. MiBor Positi':e Additional f)oints shall be earned for proposing a detached residential d...:elling lmit on a non waterfront prof)erty. . , ,- . . . .- .., T T- :. '-'.~. Minor Positive An application \vhieh qaalifies for infill RaGa points I:mder Poliey 10 1.5. 4 and waieh proposes the developmeBt of an aUaeaed dwelling 1:lFlit that atilizes a RaGa alleeation afld cOBtains oBe thoasand three h1:lfldred (1,300) sqaare feet, or less, of habitable spaee. The f)areel of land proposed for developing an attaehecl residemial dwelling anit shall not qualify for negative environmental poims under Policy 101.5.4; aovle'ler, properties designated Residemial Higa shall be exempted fr{)m this prohibition. .An affordable uBit is Flet eligible for these points sinee a residential dwelling anit that utilizes an affordable RaGa allocation is already required to contain one thousand three h1:lfldred (1,300) square feet, or less, of habitable space. Minor Positive .^..dditional points shall be earned for proposing an attached residential dv,'elling 1:lnit on a nOFl ~ Minor Positive f..dditional points shall be earned fer proposing an attached modular residential d'.velling unit. Minor Positive fJJ. application shall earn afl additional point for proposing an attached residential dwelling unit that utilizes a residential traflsfer of RaGa e](eFl'lf)tion (TRE), on a one for one basis (see Policy 101.5.10). [The remainder of this page left intentionally blank] Page 3 of4 Initial $ PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 14th day of May, 2002. Fred Gross, Director, Lower Keys Island Planning Team Ed McGee, Director, Upper Keys Island Planning Team Ralph Gouldy, Senior Administrator, Environmental Resources Jerry Buckley, Planner Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES YES YES DEVELOPMENT VIEW COMMITTEE OF MONROE COUNTY, FLORIDA By ~- Fre Gross, DRC Chair Sr MAt! Signed this 7.l- day of ~-"C.c.r 2002. Page 4 of 4 Initial ~ DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D09-02 DEVELOPMENT REVIEW COMMITTEE RESOLUTION NO. D09-02 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROV AL TO THE PLANNING COMMISSION OF THE REQUEST FILED BY THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND SECTION 9.5-122.3(a)(19) OF THE LAND DEVELOPMENT REGULA nONS BY DELETING THE MODEST HOUSING POINT ASSIGNMENT RESIDENTIAL ROGO CRITERIA FOR DWELLING UNITS WITH 1,300 SQUARE FEET OR LESS OF HABITABLE SPACE, MODULAR UNITS, AND NON-WATERFRONT LOTS, FOR BOTH DETACHED AND ATTACHED RESIDENTIAL DWELLING UNITS; AND THE USE OF TRANSFERS OF ROGO EXEMPTION (TRE) FOR ATTACHED DWELLING UNITS. WHEREAS, Section 9.5-122.3(a)(19) of the Land Development Regulations (LDRs) currently awards points in the residential rate of growth ordinance (ROGO) for criteria related to the creation of moderately priced housing; and WHEREAS, the Planning Director has issued Administrative Interpretation No. 01-113 which defines the specific criteria to determine if a house is to be eligible for 'modest housing' points; and WHEREAS, despite further clarification of the intent behind the modest housing point criteria, problems implementing modest housing continued to occur; and WHEREAS, the Board of County Commissioners approved Resolution 033-2002 on January 1 ih, 2002 directing Growth Management staff to defer the award of modest housing ROGO points for 90 days and to immediately begin working with the Planning Commission to review and prepare an amendment to the LDRs concerning modest housing ROGO points; and WHEREAS, the Planning Commission has held two public workshops, February 27, 2002, in Key Largo and March 13, 2002, in Marathon, and completed a review of the regulations; and WHEREAS, the Planning Commission has found that the modest housing and modular construction criteria have inflated needed ROGO scores to receive an allocation, precluding individuals who entered the system before the points were adopted and are no longer competitive; and Page 1 of5 ~ Initial ~ WHEREAS, the Planning Commission has found that homes that have received modest/modular points are being sold for a price higher than a moderate-income level family can afford; and WHEREAS, the Planning Commission unanimously voted on March 13, 2002 to recommend that the moratorium of awarding modest/modular points be extended so that the language may be repealed from the LDRs; WHEREAS, during a regularly scheduled meeting held on May 14, 2002, the Development Review Committee conducted a review and consideration of the request by the Planning and Environmental Resources Department to amend Section 9.5-122.3(a)(19) of the Land Development Regulations; and WHEREAS, the Development Review Committee examined the staff report prepared by Robert Will, Planner and dated May 14, 2002; and WHEREAS, Resolution No. D08-02 to amend the Year 2010 Comprehensive Plan Policy 101.5.4-19 by deleting the modest housing point criteria was passed by the Development Review Committee concurrently with this resolution; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact supports their decision to recommend APPROV AL to the Monroe County Planning Commission of the proposed text amendment to the Monroe County Land Development Regulations as follows: Section 9.5-122.3(a) 19) itlodest housing: The following points shall be assigned in order to eneourage the ~ . . . . . . n_~._ -.;;TT --.ox ~. n- . J. J- . - ~ ... TT. . n Criteria: .. ~ ,^ill applieation whieh q\:lalifies for infill ROGO points afld proposes to de','elop a detaehed residential dwelling unit that contains one tho\:lsand three hundred (1,300) square feet, or less, of habitable spaee Page 2 of5 Initial-& Additi81'la! FefJblircH1cnts: 1. :\n affordable ooit is not eligible for these points since a residential dV/eHing lHlit that utilizes an affordable ROGO allocation is already required to contain one thousand three hoodred (1,300) square feet, or less, ofliabitable spaee. 2. The parcel of land preposed for developing the detached residential dV/elling lHlit shall not qualify for negative points ullder section 9.5 122.3(a)(7) or (8) or (9), except for a parcel ofland located within a URM., URM L, IS D or UR land use district. 3. Expansion of the habitable space of the detached residential dwelling l:init _1.._11 1. .. . . 1. . . .1 . r 1 __..__ ''7\ ..__. . ~. .n~ "'''' -+4 j\.n application shall earn additional points for proposing a detached modular . . .. . .~ -... .",u~. Additi61'lal FCfJblirCHlC1'lts: 1. To be eligible f-or these points, the detached modular residential dwelling l:mit must meet the miniml:im \vindload requirements for Monroe COl:inty. 2. Both affordable and market units are eligible f-or these points. # An application shall earn an additional point f-or propesing a detached residential -- - 1 ,. ~ -.::<rUT' .' ... Atfditi61'lal r-cxjbliFCH1cntS: 1. Both affordable and market units are eligible for this point. . .- . . ... TT. :.. n Criteria: ~ .. ~ j\n application which proposes to de'/elop an attached residential dVlelling unit that contains one thousand tm-ee hundred (1,300) square feet, or less, of habitable ~ Page 3 of5 Initial ~ Ariditiena/FCtjuircmcnts: 1. Both affordaBle and market l:lnits are eligible for these points. 2. The parcel ofland praposea for de~.;eloping an attaehed residential d'.velliFlg l:lnit shall not ql:lalify for Flegative poiFlts l:lnaer section 9.5 122.3(a)(7) or (8) or (9), exeept for a pareel afland lecated \vithin a URM, URM: L, IS D or UR land use district. 3. Expansion of the habitable sflaee ofan attaehea residential dwelling l:lnit _1. .11 1. ,. " , 1. ,. . ._ .1.._ . J:"~ .+ 1, .__+ __..__ f"7\ ~.._.. ~- ~ .^Jl applieation shall earn additional points for proposing an attaehed modl:llar atta~hed . . . . , ". :+ Aritiitiena/FCtjbliFC191cntS: (1) To be eligible for these points an attaehed resiaential modular dwelling l:lnit ml:lst meet the minimum windload requirements for Monroe COl:lflty. (2) Beth affoftlaBle and mark-et lHlits are eligible fur these paints. -+=+ An application shall earn an additional point for proposing an attached residential . ... ~- - 1~+ ~ -.....E> -.... .~.. Additiena/FCtjblircmcl'lts: (1) To Be eligible for this point, the modular d'.velling unit ml:lst meet the miniml:lm '.vindload reql:lirements for Monroe COl:lnty. f'"l\ n, +1. -- . . . ..I u_:+_ .1: :1..1 - .. . -' ~-/ ~~... .~. ~ .^.n r!flplieation shall earn. additional points fDr utilizing transfers ofROGO e)wmptions (TREs) in the deyelopment of an attaehed residential dvt'elling unit Of} a one fDr one basis. All such transf-ers must oceur in accordance v;ith seetion 9.5 120.4.(b). [The remainder of this page left intentionally blank] Page 4 of5 Initial d PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 14th day of May, 2002. Fred Gross, Director, Lower Keys Island Planning Team Ed McGee, Director, Upper Keys Island Planning Team Ralph Gouldy, Senior Administrator, Environmental Resources Jerry Buckley, Planner Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES YES YES VIEW COMMITTEE OF MONROE COUNTY, FLORIDA By 6. Fr Gross, DRC Chair Signed this -z,/ g day of ~ 2002. Page 5 of5 Initial ~