ORDINANCE NO. 2015-040 AN ORDINANCE OF SARASOTA COUNTY, FLORIDA; RELATING TO THE SARASOTA COUNTY COMPREHENSIVE PLAN, AS ADOPTED BY SECTION 94-61 OF THE SARASOTA COUNTY CODE; AMENDING FLU POLICY 3.1.7 OF THE FUTURE LAND USE CHAPTER 9 OF THE COMPREHENSIVE PLAN, RELATING TO PROPERTIES DESIGNATED AS THE AFFORDABLE HOUSING OVERLAY; AMENDING OTHER SUCH PORTIONS OF THE PLAN AND OTHER SUPPORTIVE MATERIAL, AS DEEMED NECESSARY, IN ORDER TO MAINTAIN INTERNAL CONSISTENCY; PROVIDING FOR FINDINGS; PROVIDING FOR APPLICABILITY; PROVIDING FOR INTERPRETATION; PROVIDING FOR EFFECT ON OTHER ORDINANCES AND REGULATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA: Section 1. Findings. The Board of County Commissioners hereby makes the following findings: (a) Pursuant to Article VIII, Section I(g) of the Constitution of the State of Florida, the Sarasota County Home Rule Charter, and the Community Planning Act, Sections 163.3161, et seq., Florida Statutes (the Act), Sarasota County is authorized and required to adopt a Comprehensive Plan. (b) The Sarasota County Comprehensive Plan has been adopted by the Board of County Commissioners by Section 94-61 of the Sarasota County Code. (c) Section 94-67 of the Sarasota County Code, designates the Sarasota County Planning Commission as the Local Planning Agency for the unincorporated area of Sarasota County, Florida, for the preparation and recommendation of a comprehensive plan and amendments thereto by the Sarasota County Planning Commission and the adoption of a comprehensive plan and amendments thereto by the Board of County Commissioners in accordance with the provisions of the Act. (d) The Sarasota County Planning Commission, acting as the Local Planning Agency for Sarasota County, held a duly advertised public hearing on June 18, 2015, and recommended approval of proposed Comprehensive Plan Amendment No. 2014-E. (e) The Board of County Commissioners of Sarasota County held a duly advertised transmittal stage public hearing on July 14, 2015, pursuant to Sections 163.3184 (3) and (15), Florida Statutes. (f) Following the public hearing, the Board of County Commissioners of Sarasota County approved the transmittal of the proposed Amendment No. 2014-E, to state, regional and local agencies for review and comment. 1
(g) Said proposed amendment as approved for transmittal by the Board of County Commissioners of Sarasota County, together with supporting documentation, was transmitted to the Division of Community Planning and the various agencies and governments as appropriate for review and comment in accordance with the provisions of the Act. (h) The Division of Community Planning reviewed the proposed plan Amendment No. 2014-E, for consistency with Chapter 163, Florida Statutes. (i) The Board of County Commissioners of Sarasota County held a duly advertised adoption public hearing on September 22, 2015, to receive public comment on the proposed amendment to The Sarasota County Comprehensive Plan. Section 2. Adoption of Amendment No. 2014-E to The Sarasota County Comprehensive Plan. The Board of County Commissioners of Sarasota County hereby adopts Amendment No. 2014-E to The Sarasota County Comprehensive Plan pursuant to and in compliance with the Community Planning Act, Chapter 163, Part II, Florida Statutes. (a) Amendment No. 2014-E amends Chapter 9 Future Land Use of the Sarasota County Comprehensive Plan, relating to the Affordable Housing Overlay; amending other such portions of the Plan; and other supportive material as deemed necessary in order to maintain internal consistency. (b) The amendment in its entirety is provided in Exhibit "A" attached hereto and made a part thereof. Section 3. Interpretation. (a) In the event of any inconsistency between the provisions of the amendment provided for herein and other provisions of The Sarasota County Comprehensive Plan, the provisions of this amendment shall supersede and control over any other such inconsistent provision. (b) The language and provisions of this ordinance and The Sarasota County Comprehensive Plan shall be construed in pari materia with Chapter 163, Part II, Florida Statutes and Article III, Chapter 94 of the Sarasota County Code. (c) Except where specifically indicated to the contrary, where any provision of this Ordinance refers to or incorporates another provision, ordinance, statute, code, regulation, or other authority, it refers to the most current version of the other provision, ordinance, statute, code, regulation, or other authority, including any subsequent amendments thereto or renumbering thereof. Section 4. Effect on Other Ordinances and Regulations. Where this ordinance conflicts with another County ordinance, the provisions of this ordinance shall prevail to the extent of such conflict except as otherwise provided herein. Section 5. Severability. It is declared to be the intent of the Board that if any provision of this ordinance is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct 2
and independent provision and such holding shall not affect the validity of the remaining provisions. Section 6. Effective Date. The effective date of this plan amendment shall be the date a final order is issued by the Division of Community Planning or the Administration Commission finding the amendment is in compliance as defined in Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA, THIS 22nd DAY OF SEPTEMBER, 2015. BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA By: Chair ATTEST: KAREN E. RUSHING, Clerk of the Circuit Court and Ex-Officio Clerk of the Board of County Commissioners of Sarasota County, Florida By: Deputy Clerk 3
EXHIBIT A Comprehensive Plan Amendment No. 2014-E is located below. Proposed text additions are underlined and deletions are shown struck through. FLU Policy 3.1.7. An Affordable Housing Overlay shall be added to the Sarasota County Zoning Ordinance. The application of the Affordable Housing Overlay allows 2 to 5 dwelling units per acre on the parcel as designated on the Future Land Use Map Series Figure 9-4 and shall comply with the following: Affordable Housing At least 50 percent of the housing units shall meet the definition of Affordable Housing where no less than 1/3 of these affordable housing units are affordable to households with incomes at 80 percent of Area Median Income (AMI) or less, as calibrated for family size, 1/3 of these affordable housing units are affordable for households with incomes at 100 percent of AMI or less, and 1/3 of these affordable housing units are affordable to households with incomes at 120 percent of AMI or less. The Affordable Housing Overlay shall be developed through the Community Land Trust and remain affordable in perpetuity; or At least 60 percent of the housing units shall meet the definition of Affordable Housing, as calibrated for family size, where 30 percent of the housing units are affordable to households with incomes at 80 percent of AMI or less, and no less than 30 percent of the housing units are affordable to households with incomes at 100 percent of AMI or less. Properties must be owner occupied for at least 10 years from the closing date of purchase. If sold within the 10 year period, buyers must meet the same AMI guidelines as the purchaser as determined by the Community Housing Trust or Office of Community Housing; At least 15 percent of the housing units built on site shall be sold to households with Moderate Income (earning less than 100% of AMI). No less than 2/3 of these housing units shall be sold to households (based on family size of 4) with incomes at 80 percent AMI or less. The units shall be subject to Deed Restrictions, in a form approved by the County Attorney, ensuring that they will continue to be owned only by households meeting those requirements for no less than 5 years from the original purchase upon construction. Relationship to Sarasota - 2050 2050 - The Affordable Housing Overlay shall not be required to be developed as a Conservation Subdivision; 4
The Affordable Housing Overlay shall respect any onsite Greenway as depicted on Future Land Use Map Series RMA-3 and further refined by Policy GS1.1. No density credits shall be transferred from the Greenway. The onsite Greenway may be modified upon demonstration that the alternative Greenway configuration provides an equivalent or greater net ecological benefit. A management plan may be required by the Board of County Commissioners establishing the uses allowed and designating a responsible party for the maintenance of the Greenway portions of the site. 5