Item H6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 28. 2009
Division: Growth Management
Bulk Item: Yes -2L- No
Department:
Staff Contact PersonlPhone #: S. Grimsley. Assistant
County Attorney Ext. 2517
AGENDA ITEM WORDING: Approval of resolution adopting amendments to the Local Housing
Assistance Plan to include Incentive Strategies required by F. S. 420.90.76.
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required by F. S. 420.90.76. The report recommending the amendments was approved by the
Mfordable Housing Committee on November 21, 2008. This was given to the Board of County
Commissioners at its meeting of December 17,2008.
PREVIOUS RELEVANT BOCC ACTION: At the December 17, 2008 BOCC meeting the Board
was presented with the report and recommendations to amend the Local Housing Assistance Plan
(LHAP).
CONTRACT/AGREEMENT CHANGES: n!a
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
n!a
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
REVENUE PRODUCING: Yes
No
APPROVED BY: County Atty -X- OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
Through: Andrew O. Trivette, Growth Management Director and
Suzanne A. Hutton, County Attorney
Susan Grimsley, Assistant County Attorney _~
Re: Local Housing Assistance Plan (LHAP) Amendments Required Pursuant
to F.S.Sec. 420.9076
From:
Date: January 9, 2009
For: January 28, 2009 Board of County Commissioners Meeting
Request: Staff is requesting that the Board adopt the attached Resolution adopting
the changes to the Local Housing Assistance Plan.
Background: Florida Statute Secs. 420.9071-9076 mandated an updated Local
Housing Assistance Plan (LHAP) as clarified by SHIP program rules effective
February, 2008, in order for counties to continue to receive SHIP funds. The
report required by the statute was approved at a public hearing by the Affordable
Housing Advisory Committee on November 21,2008. The report was furnished to
the Board of County Commissioners on December 17, 2008.
There are two required strategies which must be implemented. They are existing
policies of the LHAP as Strategy A and former strategy B, which is now re-
numbered "I" so that it is in the order of the sections of the statute. The timeline
for implementation of these two required incentive strategies is December 30,
2009. The timeline is also required by statute.
Process: Amendments must be approved to the LHAP by the BOCC within 90
days of receipt. (March 17,2009). This date of approval, January 28,2009, is well
within the time frame. The amended LHAP must be received by the Florida
Housing Finance Corporation by May 2, 2009.
Recommendation: APPROVAL
, M 0 n roe C 0 U n t y G row t h Man age m e n't 0 i vis ion
Pag~ I
RESOLUTION NO. -2009
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING AN AMENDMENT TO THE LOCAL HOUSING
ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM ACT,
SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND
RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
AUTHORIZING THE SUBMISSION OF THE AMENDED
LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA
----.---------------lfOUSING-FINANCECORPORA fION----------------------------------------.--....--.--.
Whereas, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida
Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, required local
governments to develop a one to three-year local Housing Assistance Plan outlining how funds
will be used; and
Whereas, the Monroe County Housing Authority has prepared a three-year Local Housing
Assistance Plan which was approved by the Monroe County Board of County Commissioners;
and
Whereas, the Florida legislature fmds that affordable housing is most effectively provided by
combining public and private resources, and the legislature intends that local governments achieve
this combination of resources by encouraging active partnerships between government, lenders,
builders and developers, real estate professionals, advocates for low-income persons and
community groups to produce affordable housing; and whereas the legislature intends that this
partnership concept be extended among counties and municipalities; and
Whereas, the Florida legislature intends that local governments achieve this combination of
resources through the establishment of an affordable housing advisory committee to recommend
monetary and non-monetary incentives for affordable housing (as provided in s.420.9076); and
Whereas, Monroe County participates in the State Housing Initiatives Partnership Program
(SHIP) and is a recipient of funding for its affordable housing programs and activities; and
Whereas, recent rule changes in F AC 67-37.010, effective February 2008, mandate that all SHIP
program participants comply with Florida Statute Section 420.9076(2) requiring the establishment
of an affordable housing advisory committee; and
Whereas, Rule 67-37.010 states that the Monroe County LHAP be amended to include "local
affordable housing incentive strategy recommendations" approved by the membership of the
advisory committee; and
Whereas, the affordable housing committee reviewed established policies and procedures,
ordinances, land development regulations, and the comprehensive plan for Monroe County and
recommended specific actions or initiatives to encourage or facilitate affordable housing while
protecting the ability of the property to appreciate in value. (FS 420.9076(4)); and
Whereas, at the Board of County Commissioners meeting of December 16, 2008, the affordable
housing advisory committee submitted a report to the local governing body that included
recommendations on affordable housing incentives in the following areas:
1. The processing of approvals of development orders or permits as defmed in s.
_______________________!&L3_~~~(7L~~_{~z_1()E__~ff()!_~'!~It:Jl()E~~~~~()j~~~~_i~~~j1~~!~~L!()__~_~t:(l!t:~_________
degree than other projects;
2. The modification of impact fee requirements, including reduction or waiver of
fees and alternative methods of fee payment for affordable housing;
3. The allowance of flexibility in densities for affordable housing;
4. The reservation of infrastructure capacity for housing for very low income, low
income and moderate income persons;
5. The allowance of affordable accessory residential units in residential zoning
districts;
6. The reduction of parking and setback requirements for affordable housing;
7. The allowance of flexible lot configurations, including zero-lot-line
configurations for affordable housing;
8. The modification of street requirements for affordable housing;
9. The establishment of a process by which a local government considers, before
adoptions, policies, procedures, ordinances, regulations, or plan provisions that
increase the cost of housing;
10. The preparation of a printed inventory of locally owned public lands suitable for
affordable housing;
11. The support of development near transportation hubs and major employment
centers and mixed-use developments.
Whereas, within 90 days after the date of receipt of the local housing incentive strategies
recommendations from the advisory committee, the BOCC must adopt an amendment to its
local housing assistance plan to incorporate the local housing incentive strategies it will
implement within its jurisdiction; and
Whereas, the BOCC must consider all of the strategies specified above as recommended by
the committee. However, the amendment at a minimum, must include:
(1) Assurance that permits for affordable housing are expedited to a greater
degree than other projects. ("Permits" are defined by statute to include development orders,
building permit, zoning permit, subdivision approval, rezoning, certification, special
exception, variance, or any other official action of local government having the effect of
permitting the development of land);
(2) An ongoing process for review of local policies, ordinances, regulations, and
plan provisions that increase the cost of housing prior to their adoption; and
(3) A schedule for implementing the incentive strategies.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Adoption of Incentive Strategies
The Incentive Strategies portion of the Local Housing Assistance Plan is amended as
shown on Exhibit A.
Section 2: Official Notification to FHFC.
--------.--A--eopy-of-the-itlneIlded-tHAP-shallbe-given.ttrthc 110nro~-c-oonty-~Attthooty(ll1d---...--..
forwarded to the Florida Housing Finance Corporation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 28th day of January, 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario De Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor George Neugent
(SEAL )
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM:
EXHIBIT A
RESOLUTION -2009
III. LHAP INCENTIVE STRATEGIES
F.S.Sec.420.9071(16)
A. Name of Strategy: Expedited Permitting
Permits as defined in Sec. 163.3167(7) and (8) for affordable housing projects are
expedited to a greater degree than other projects.
__~~~t_(l.~~i_~~~~_J:><:lli~L~~J)!()_c~~_~~~~___
The Monroe County Comprehensive Plan and the Land Development Regulations
established a set aside of 30% of all building permits issued for affordable housing. This
includes the unused allotment of permits for affordable housing set aside units to be
rolled over and accumulated each year without going through the ROGO (Rate of
Growth Ordinance) process. Monroe County has assigned Planning Department staff to
facilitate affordable housing applications. Affordable permits jump to the head of the
line (fust priority) in all stages of the planning review and permitting process.
TIMELINE: The County shall enact an ordinance and codify this policy by December
30.2009.
B. Name of Strate!!\': Modification of Impact Fee Requirements
Established policy and procedures: The County shall continue to waive impact fees for
affordable housing.
C. Name of Strate!!\': Flexibility in Densities for Affordable Housin!!
Established policy and procedures:
a. Monroe County has increased density for affordable housing on land zoned SC (up to
18 units per acre versus 6). MU 9 (up to 18 units per acre versus 12) and DR (up to 25
units per acre versus 12).
b. The County shall continue to allow the construction of affordable housing units on
commercial sites without deducting from the commercial floor area allowed or residential
density allowed.
D. Name of Strate!!\': Reservation of Infrastructure Capacity
Established policy and procedure: There is no need at this time for reservation of
infrastructure capacity. as all infrastructure is available. This is a requirement in the
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EXHIBIT A
RESOLUTION -2009
Liveable Communikeys Plans, which serve as an overlay to the county's Comprehensive
Plan.
E. Name of Strate1!V: Allowance of Affordable Accessory Units in Residential Areas
Established policy and procedure: Due to the Rate of Growth Ordinance and current
zoning, this strategy has not been implemented. However, Momoe County will explore
this avenue.
F. Name of Strate1!V: Reduction of parkin!! and setback reauirements for affordable
housint!
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Established policy and procedure: Currently, variances are available where the requisite
criteria can be met. Momoe County will examine these requirements further.
G. Name ofStrate1!V: Allowance of flexible lot confi!!urations
Established policy and procedure: Momoe County allows flexible lot configurations to
the extent setback and buffers are met. Within a development. zero lot line configurations
are allowed. Variances are available where the requisite criteria can be met. Momoe
County will explore the need for any further action in this area.
H. Name of Strate1!V: Modification of Street Reauirements
Established policy and procedure: Momoe County allows internal street configurations
that meet life-safety criteria. Momoe County will explore the need for any further action
in this area.
I.-B. Name of Strategy: Cost of Housing
Establishment of a process by which a local government considers before adoption,
policies, procedures, ordinances, regulations, or plan provisions that have a significant
impact on the cost of housing.
a. Established policy and procedures:
a. All County resolutions and ordinances contain a cost analysis section specific to
affordable housing, the county has waived impact fees for affordable housing and
building permit fees for the very low and low income homeowner participating in local,
state or federally supported affordable housing programs. As an Area of Critical State
Concern, the County's policies, procedures, ordinances and regulations are subject to the
approval of the Florida Department of Community Affairs which is concerned and
monitors the cost of affordable housing.
TlMELINE: The County shall enact an ordinance and codify this policy by December
30,2009.
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EXHIBIT A
RESOLUTION -2009
b. The county already waives planning application fees for affordable housing, and
waives building permit applications for charitable organizations and those affordable
housing proiects receiving fInancial aid from or leasing property from Monroe County
and others as approved by the Board of County Commissioners.
J. Name of Stratelff: Provide an Inventory of County Owned Property Suitable for
Affordable Housin!!
Established policv and procedures: Pursuant to Florida Section Sec. 125.379, the County
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affordable housing.
K. Name of Stratelff: Support development near transportation hubs and maior
employment centers and mixed use developments
Established policy and procedures: The County has a purchase and lease-back program
for affordable housing. The properties leased for affordable housing development complv
with this requirement. The County will continue to explore other appropriate means to
encourage this strategy.
L. Name of Stratelff: Inclusionarv Housin!!
Established policv and procedure: Where development or re-development exceeds four
units, Thirty Per Cent (30% ) of units must be deed restricted as affordable housing for
ninety-nine vears.
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