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Item D06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17, 2000 Bulk Item: Yes No X Division: Growth Management Department: Planning_ AGENDA ITEM WORDING: Second of two public hearings to consider ROGO and Affordable Housing amendments to the Monroe County Year 2010 Comprehensive Plan (2010 Plan) and the Monroe County Code (LDRs). ITEM BACKGROUND: The first public hearing, or "transmittal" hearing was held on August 11, 1999, where the BOCC recommended approval of these amendments. A new hold harmless date for the LRD amendments was approved by the BOCC at its November 10, 1999 meeting. The Planning Department transmitted these ordinances to the Department of Community Affairs (DCA) for its consideration. The DCA has reviewed the proposed amendments to the 2010 Plan and noted one objection to the proposed amendment as transmitted. The recommendation suggested by the DCA has been followed by the Planning Department as reflected in the attached revised staff report and ordinances. PREVIOUS RELEVANT BOARD ACTION: The BOCC approved a resolution authorizing the Planning Department to transmit a draft ordinance that would amend the 2010 Plan to the DCA for review. The BOCC also adopted Ordinance 034-1999a. which was part of the ROGO Affordable Housing amendment package. STAFF RECOMMENDATION: Approval TOTAL COST: None COST TO COUNTY: None BUDGETED: Yes N/A No APPROVED BY: County Attorney _X_ OMB/Purchasing _N/A_ Risk Management _N/A_ DEPARTMENT DIRECTOR APPRO` DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To follow DISPOSITION: ORCAgenda Not required Agenda Item #: RESIDENTIAL ROGO TEXT AMENDMENTS (2010 Plan and LDRs) BOARD OF COUNTY COMMISSIONERS KEY LARGO FEBRUARY 17, 2000 SUMMARY OF RECOMMENDATIONS RESIDENTIAL ROGO PROVISIONS OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AND THE LDRs Staff: Approval February 25, 1999 Staff Report DRC: Approval March 4, 1999 PC: Approval July 1, 1999 BOCC: Approval August 11, 1999 Resolution #D02-99 Resolution #P40-99 Resolution #383-1999 & Ordinance 034-1999 BOCC: Approval November 10, 1999 Ordinance 034-1999a (change in LRD hold harmless date) ORDINANCE # -2000 AN ORDINANCE APPROVING AMENDMENTS TO RESIDENTIAL ROGO'S AFFORDABLE HOUSING PROVISIONS OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, INCLUDING PORTIONS OF POLICIES 101.2.4, 101.5.4 AND 601.1.11 WHICH ADD FLEXIBILITY TO THE RESIDENTIAL ROGO ALLOCATIONS AND PROVIDE POSITIVE POINT OPPORTUNITIES FOR MODEST HOUSING. THIS ORDINANCE ALSO ADDS POLICY 101.5.10 WHICH CREATES OPPORTUNITIES FOR NEW DEVELOPMENT BY TRANFERRING EXISTING TRANSIENT AND RESIDENTIAL UNITS AND SPACES. WHEREAS, the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, the permit allocation system is comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, the residential permit allocation system has been enacted as the Residential Rate of Growth Ordinance (residential ROGO); and WHEREAS, residential ROGO has been effective since July 13, 1992; and WHEREAS, 2010 Plan policies related to residential ROGO will be modified by these amendments proposed herein; and WHEREAS, over five years of experience with residential ROGO has illuminated areas for improvement, clarification and increasing effectiveness; and WHEREAS, the 2010 Plan recognizes affordable housing as an important issue facing Monroe County and its residents; and WHEREAS, recent affordable housing initiatives, such as those proposed by the Monroe County Affordable Housing Joint Task Force, warrant changes to ROGO; and WHEREAS, currently Policy 101.2.4 of the 2010 Plan directs the County to allocate 20 percent of residential (non -transient) growth to affordable housing units as part of residential ROGO; and whereas any portion of the 20 percent allocation not used for affordable housing shall be allocated to general (market rate) housing; and Affordable Housing Policy Ordinance Page 1 of 8 WHEREAS, the intended balance of affordable and market rate housing detailed in Policy 101.2.4 of the 2010 Plan has not been achieved; and WHEREAS, affordable housing initiatives are expected to increase the demand for affordable housing beyond the limits imposed by the 20% residential ROGO allocation awards set aside for affordable housing; and WHEREAS, the ROGO amendments detailed in this ordinance encourage the development of housing for middle and lower income residents; and WHEREAS, currently Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate substandard housing and enhance existing housing; and WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favor redevelopment over new development; and WHEREAS, hotel rooms, mobile homes, campsites, RV spaces and residential units are all currently subject to residential ROGO; and WHEREAS, amending residential ROGO so that subject to certain restrictions, eligible units can be transferred off -site without going through ROGO provides a mechanism to eliminate substandard housing, enhance existing housing and redevelop residential and hotel uses throughout the Keys; and WHEREAS, the ROGO amendments detailed in this ordinance will help create a diverse housing stock, that includes multi -family units and commercial apartments, that meet the needs of middle and lower income residents; and WHEREAS, the ROGO amendments detailed in this ordinance encourage development of homes built to meet the needs of residents from a range of lower and middle income categories, as well as a range of housing types; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, currently the extra points necessary to successfully compete in the market ROGO category involve substantial financial investments; and Affordable Housing Policy Ordinance Page 2 of 8 WHEREAS, Policy 601.1.7 of the 2010 Plan requires Monroe County to ensure that homes stay affordable for at least 20 years; and WHEREAS, the ROGO amendments detailed in this ordinance represent the beginnings of an integrated and holistic affordable housing strategy; and WHEREAS, making homes with modest characteristics eligible for extra ROGO points, could increase the range of housing types in the County that meet the needs of middle and lower income residents for the long term; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate sub -standard housing and enhance existing housing; and WHEREAS, amendments to residential ROGO contained in this ordinance are developed in manner consistent with the 2010 Plan and all applicable requirements of Chapters 163 and 380 of the Florida Statutes, including the `Principles For Guiding Development'; and WHEREAS, the ROGO amendments detailed in this ordinance, particularly the Transfers of ROGO Exemptions (TREs), provide a mechanism to eliminate substandard housing and to enhance existing housing; and WHEREAS, the Board of County Commissioners, during a regular meeting held on August 11, 1999, conducted a review of an amendment to the 2010 Plan filed by the Planning Department to add flexibility to residential ROGO, and to provide positive point opportunities for modest housing and create opportunities for new development by transferring existing residential and transient units and spaces; and WHEREAS, the Planning and Environmental Resources Departments as well as the Development Review Committee and Planning Commission have recommended approval of the request; and WHEREAS, the Department of Community Affairs (DCA) has reviewed the proposed amendment and objects to Policy 101.5.4 which allows positive points for utilizing TREs without defining TREs or establishing detailed criteria for their use; and WHEREAS, the DCA recommends that the proposed amendment be revised to include a policy that defines the concept of TREs and establishes appropriate guidelines for their use; and WHEREAS, in this ordinance the concept of TREs are explained and appropriate guidelines for their use are established; and Affordable Housing Policy Ordinance Page 3 of 8 WHEREAS, having addressed the objections and implemented the recommendations of the DCA in this ordinance, the Planning Department continues to recommend approval of the amendment; and WHEREAS, the Board of County Commissioners considers the data and analysis provided to the agency to be sufficient to warrant the proposed amendment and therefore, makes no substantive revisions to the staff report or ordinance; and WHEREAS, on February 17, 2000, the Board of County Commissioners, after due notice and public participation in the public hearing process, conducted a public "adoption hearing" to consider adopting the proposed amendment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Policy 101.2.4 shall be amended and read as follows (the strike -through and underline format is used to indicate additions and deletions to this section): Policy 101.2.4 Monroe County shall allocate at least 20 percent of residential (non -transient) growth to affordable housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation must meet the criteria specified in Policy 601.1.7. The parcel proposed for development shall not be located in an acquisition area and shall not qualify for negative points according to the criteria specified under Habitat Protection and Threatened or Endangered Animal Species in Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. Section 2. Policy 101.5.4 shall be amended and read as follows (the strike -through and underline format is used to indicate additions and deletions to this section): (19) Modest Housing — Points shall be assigned to encourage the development of residential dwelling units with characteristics that make them relatively less expensive than similar residential dwelling units that lack these characteristics. Affordable Housing Policy Ordinance Page 4 of 8 Detached Residential Dwelling Unit Weighting Category Criteria minor positive An application which qualifies for infill ROGO points under Policy 101.5.4 and which proposes the development of a detached residential dwelling unit that utilizes a ROGO allocation and contains one thousand three hundred (1,300) square feet, or less, of habitable space. The parcel of land proposed for developing a detached residential dwelling unit shall not qualify_ for negative environmental points under Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain one thousand three hundred (1,300) square feet, or less, of habitable space. minor positive Additional points shall be earned for proposing a detached modular residential dwelling unit. minor positive Additional points shall be earned for proposing a detached residential dwelling unit on a non -water ont property. Attached Residential Weighting Category minor positive Unit Affordable Housing Policy Ordinance Page 5 of 8 Criteria An application which qualifies for inf ll ROGO points under Policy 101.5.4 and which proposes the development of an attached dwelling unit that utilizes a ROGO allocation and contains one thousand three hundred (1,300) square feet, or less, of habitable space. The parcel of land proposed for developing an attached residential dwelling unit shall not qualify for negative environmental points under Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain one thousand three hundred (1,300) square feet, or less, of habitable space. minor positive Additional points shall be earned for proposing an attached modular residential dwelling unit. minor positive Additional points shall be earned for proposing an attached residential dwelling unit on a non -waterfront property. minor positive An application shall earn an additional point for proposing an attached residential dwelling unit that utilizes a residential transfer of ROGO exemption (TRE), on a one for one basis (see Policy 101.5.10). Section 3. Policy 101.5.10 shall be added and read as follows (the underline format is used since this is an entirely new section): Policy 101.5.10 Monroe County may develop a program, called Transfer of ROGO Exemption (TRE), that would allow for the transfer off -site of dwelling units, hotel rooms, recreational vehicle spaces and mobile homes to another site in the same ROGO subarea, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model In addition, the new site would not be eligible for any negative environmental points under ROGO with the exception of those properties designated Residential High When a multiple -family housing development utilizes a TRE, any other units in that same project that are permitted through the ROGO process may be eligible for minor positive points on a one for one basis. Attorciabie Housing Policy Ordinance Page 6 of 8 Section 4. Policy 601.1.11 shall be amended and read as follows (the strike -through and underline format is used to indicate additions and deletions to this section): Policy 601.1.11 By the effective date of this Plan, Monroe County shall adopt Land Development Regulations which provide that at least twenty (20) percent of residential building permits will be reserved for single or multi -family affordable housing. (See Technical Document, Section 7.2.1 and Future Land Use Policy 101.2.4). Affordable housing eligible for this separate allocation shall meet the criteria established in the Land Development Regulations. Section 5. The existing Monroe County Year 2010 Comprehensive Plan shall be amended with the language as stated above under Sections 1 through 4. Section 6. The provisions of this ordinance shall be included and incorporated in the Policy Document of the Monroe County Year 2010 Comprehensive Plan as an addition or amendment thereto. Section 7. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 8. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 9. This ordinance is hereby transmitted to the state land planning agency for approval or disapproval pursuant to Section 380.0552, Florida Statutes. Attordable Housing Policy Ordinance Page 7 of 8 Section 10. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapters 163 and 380 of the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the day of , A.D., 2000. Mayor Shirley Freeman Mayor Pro Tern George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ff-w (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK wttordable Housing Policy Ordinance Page 8 of 8 MAYOR/CHAIRPERSON ORDINANCE # -2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING AMENDMENTS TO THE RATE OF GROWTH ORDINANCE (ROGO) OF THE MONROE COUNTY CODE, INCLUDING SECTIONS 9.5 -1, 9.5-122 and 9.5-122.3 BY PROVIDING ADDITIONAL DEFINITIONS, ADDING FLEXIBILITY AND ADDING POSITIVE POINT OPPORTUNITIES FOR MODEST HOUSING. WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, the 2010 Plan recognizes affordable housing as an important issue facing Monroe County and its residents; and WHEREAS, Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, changing the affordable housing definition in the County Code to include only those residents in the low and very low income categories could ensure that these residents have more opportunities to live in the homes created with affordable housing ROGO allocations; and WHEREAS, currently the extra points necessary to successfully compete in the market rate category of residential ROGO involve substantial financial investments; and WHEREAS, middle income residents and those who would no longer qualify for affordable housing ROGO allocations (those earning more than 100% of the median income for the County) could compete successfully for market rate ROGO allocations if new ROGO points were created that provided a competitive advantage to modest homes; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, the amendments to residential ROGO detailed in the ordinance should help create a diverse housing stock, including multi -family units and commercial apartments, that meets the needs of middle and lower income residents; and Affordable Housing County Code Ordinance Page 1 of 11 WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an affordable housing strategy; and WHEREAS, amendments to residential ROGO detailed in this ordinance are developed in manner consistent with the 2010 Plan; and WHEREAS, the Board of County Commissioners, during a regular meeting held on August 11, 1999, conducted a review of an amendment to the 2010 Plan filed by the Planning Department to add flexibility to residential ROGO, provide positive point opportunities for modest housing and create opportunities for new development by transferring existing residential and transient units and spaces; and WHEREAS, the Board of County Commissioners adopted the amendment to the 2010 Plan at this meeting; and WHEREAS, the Board of County Commissioners were also presented with draft Monroe County Code (LDRs) language that would implement these 2010 Plan changes at this meeting; and WHEREAS, on February 17, 2000, the Board of County Commissioners, after due notice and public participation in the public hearing process, conducted a public "adoption hearing" to consider adopting the proposed amendment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Secs. 9.5-4 shall be amended and read as follows (the strikethrough and underline format is used to indicate additions and deletions to this section): See.9.5-4. Definitions. (M-17) Modest housing means residential units that have a combination of design and site characteristics that make them more reasonably priced than residential units lacking such characteristics. (M-18) Modular home means a structure intended for residential use that is manufactured off -site in accordance with state standards. `ram) (M-19) Monroe County Comprehensive Plan means the Monroe County Comprehensive Plan adopted and amended pursuant to Florida Statutes section 163.3161 et seq. Affordable Housing County Code Ordinance Page 2 of 11 (N-11) Non -waterfront lot means a parcel of land that does not contain a shoreline. (W-11 (N(N-12) Nursery means a use in which plants are grown for sale or for the harvest of their products. Section 2. Sec. 9.5-122 shall be amended to read as follows (the strike -through and underline format is used to indicate additions and deletions to this section): Sec. 9.5-122. Residential ROGO allocations (b) Ratio ofAffordable Housing ROGO Allocations to Market Rate ROGO_ Allocations: Prior to October of each year the county shall set the yearly residential ROGO allocation ratio, by subarea, for each ROGO year as follows: (1) Board of County Commissioners action required: The planning commission may recommend that the board of county commissioners adopt a resolution changing the ratio of affordable housing to market rate ROGO allocations based upon the recommendations of the planning commission and the planning director arising from the annual review of ROGO. The yearly ROGO review may include the following recommendations: a. Amend the market rate to affordable housing ROGO allocation ratio for each subarea provided that in no event shall the percentage be less than 20% for affordable housing and where the yearly percentage increase or decrease shall not exceed 30% of the previous year's ROGO allocations to market rate and affordable housing; and b. Provide a portion of the affordable housing ROGO allocations to the Monroe County Housing Authority for distribution in accordance with an intergovernmental agreement between the Monroe County Housing Authority, the Land Authority and Monroe County. (�4 Affordable housing allocation awards and eligibility: (1) The definition of affordable housing shall be as specified in Secs. 9.5-4(A- 5) and 9.5-266. Affordable Housing County Code Ordinance Page 3 of 11 (2) Any portion of the twenty (20) percent allocation not used for affordable housing at the end of a ROGO year shall be made available for affordable housing for the next ROGO year. (3) No affordable housing allocation shall be awarded to an application to be located within a parcel that receives negative points according to criteria specified under Habitat Protection, or Threatened or Endangered Species, or Critical Habitat Area in Sec. 9.5-122.3 (a)(7) or (8) or (9) unless said parcel is located within the IS-D or UR or URM or URM-L or land use districts. (�Residential Dwelling Unit Allocation Required: From and after the effective date of the dwelling unit allocation system, the county shall issue no building permit for a residential dwelling unit unless such dwelling unit has received the following: a. a residential dwelling unit allocation award; or b. is exempt from the dwelling unit allocation system; or is determined to be vested pursuant to Sec. 9.5-120.3; or c. is the subject of a completed building permit application received by the county on or before June 9, 1992. (44(f) Exempt and vested development: (1) Any building permit for residential dwelling units issued, by the county during an allocation period to vested development shall be subtracted from the annual residential dwelling unit allocation for that allocation period. (2) After subtracting building permits issued for vested residential dwelling units by subarea and by quarterly allocation period, the director of planning shall re -determine the quarterly residential dwelling unit allocation in accordance with the following principles and guidelines: a. If the number of vested residential dwelling units is less than fifty (50) percent of the quarterly allocation for the affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period. b. If the number of vested residential dwelling units is fifty (50) percent or more of the quarterly allocation for the Affordable Housing County Code Ordinance Page 4 of 11 affected subarea, only fifty (50) percent of such vested residential development shall be subtracted from the quarterly allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period; in that event, the `excess' residential dwelling units shall be determined and subtracted pro rata from future allocation periods so that an average annual build -out of two hundred twenty seven (227) dwelling units is not exceeded. (i) Yearly Residential ROGO Allocation Ratio: Each subarea shall have its number of market rate and affordable housing residential ROGO allocations available per ROGO year determined by the following formula: 1) Market Rate Residential ROGO Allocations available in each subarea is equal to the Yearly number of available Residential ROGO Allocations in each subarea, multiplied by the percentage of the Market Rate Residential ROGO Allocations. 2) Affordable Housing Residential ROGO Allocations available in each subarea is equal to the Yearly number of available Residential ROGO Allocations in each subarea, multiplied by the percentage of Affordable Housing Residential ROGO Allocations. (ii) Quarterly Residential ROGO Allocation Ratio: Each subarea shall have its number of market rate and affordable housing residential ROGO allocations available per ROGO quarter determined by the following formula: 1) Market Rate Residential ROGO Allocations available in each subarea per quarter is equal to the Market Rate Residential ROGO Allocations available in each subarea divided by four (4). 2) Affordable Housing Residential ROGO for all four ROGO quarters shall be made available at the beginning of the first quarter for a ROGO year. Affordable Housing County Code Ordinance Page 5 of 11 (.Q4 kd Adjustment of Residential ROGO Allocations: At the end of each quarterly allocation period, the planning director shall recommend additions or subtractions to the basic allocation available by subarea, based upon any of the following, as appropriate: (1) The number of residential ROGO allocation awards which expired during the previous quarterly allocation period; (2) The number of residential ROGO allocation awards available which were not allocated during the quarterly allocation period in the current annual allocation period; (3) The number of residential ROGO allocation awards in previous quarters which were borrowed from future allocations to accommodate multiple unit projects or to accommodate allocation applications with identical scores, pursuant to 9.5-122.2(b)(2) or which were granted to applicants via either the appeals process, administrative relief or a beneficial use determination; (4) Residential ROGO allocations vested during the preceding quarter, as follows: a. If the number of residential ROGO allocations in question is less than fifty (50) percent of the quarterly allocation for the affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period. b. If the number of residential ROGO allocations in question is fifty (50) percent or more of the quarterly allocation for the affected subarea, only fifty (50) percent of such vested residential development shall be subtracted from the quarterly allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period; in that event, the `excess' residential dwelling units shall be determined and subtracted pro rata from future allocation periods so that an average annual build -out of two hundred twenty seven (227) dwelling units is not exceeded. Affordable Housing County Code Ordinance Page 6 of 11 (5) Any other modifications required or provided for by the comprehensive plan. (6) Any portion of the residential ROGO allocations not used shall be retained and be made available for affordable housing from ROGO year to ROGO year. Section 3. Sec. 9.5-122.3 shall be amended to include new Sections 9.5- 122.3(a)(19) (the underline format is used to indicate additions to this section): Sec. 9.5-122.3. Evaluation criteria. (19) MODESTHOUSING. The following points shall be assigned in order to encourage the construction of moderately -priced residential dwelling units. Detached Residential Dwelling Unit Point Assignment: Criteria: +2 An application which qualifies for infill ROGO points and proposes to develop a detached residential dwelling unit that contains one thousand three hundred (1, 300) square feet, or less, of habitable space Additional Requirements: 1. An affordable unit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain one thousand three hundred (1,300) square feet, or less, of habitable space. 2. The parcel of land proposed for developing the detached residential dwelling unit shall not qualify for negative points under Sec.9.5-122.3(a)(7) or (8) or (9), except for a parcel of land Affordable Housing County Code Ordinance Page 7 of 11 located within a URM, URM-L, IS-D or UR land use district. 3. Expansion of the habitable space of the detached residential dwelling unit shall be limited by a condition on the permit for at least seven (7) years. Point Assignment: Criteria: +2 An application shall earn additional points for proposing a detached modular residential dwelling unit. Additional Requirements: l . To be eligible for these points, the detached modular residential dwelling unit must meet the minimum windload requirements for Monroe County. 2. Both affordable and market units are eligible for these points. Point Assignment: Criteria: +1 An application shall earn an additional point for proposing a detached residential dwelling unit on a non -waterfront lot. Additional Requirements: 1. Both affordable and market units are eligible for this point. hiiuraame riousmg County Code Ordinance Page 8 of 11 Attached Residential Dwelling Units Point Assignment: +3 Point Assignment: +2 Affordable Housing County Code Ordinance Page 9 of 11 Criteria: An application which proposes to develop an attached residential dwelling unit that contains one thousand three hundred (1,300) square feet, or less, of habitable space. Additional Requirements: 1. Both affordable and market units are eligible_for these points. 2. The parcel of land proposed for developing an attached residential dwelling unit shall not qualify_for negative points under Sec.9.5-122.3(a)(7) or (8) or (9), except for a parcel of land located within a URM, URM-L, IS-D or UR land use district. 3. Expansion of the habitable space of an attached residential dwelling unit shall be limited by a condition on the permit for at least seven (7) years. Criteria: An application shall earn additional points for proposing an attached modular attached residential dwelling unit. Additional Requirements: (1) To be eligible for these points an attached residential modular dwelling unit must meet the minimum windload requirements for Monroe County. (2) Both affordable and market units are eligible for these points. Point Assignment: Criteria: +1 An application shall earn an additional point for proposing an attached residential dwelling unit on a non -waterfront lot. Additional Requirements: (1) To be eligible for this point, the modular dwelling unit must meet the minimum windload requirements for Monroe County. (2) Both affordable and market units are eligible for this point. +2 An application shall earn additional points for utilizing transfers of ROGO exemptions (TREs) in the development of an attached residential dwelling unit on a one for one basis. All such transfers must occur in accordance with Sec. 9.5- 120.4.(b). Section 4. The existing County Code shall be amended with the language as stated above under Sections 1 through 3. Section 5. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 6. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 7. This ordinance is hereby transmitted to the state land planning agency for approval or disapproval pursuant to Section 380.0552, Florida Statutes. Attordable Housing County Code Ordinance Page 10 of 11 Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapters 163 and 380 of the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the day of , A.D., 2000. Mayor Shirley Freeman Mayor Pro Tern George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Attordable Housing County Code Ordinance Page 11 of 11 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MAYOR/CHAIRPERSON nrrJK W,Ep AST ' ORM AND �i IENCY B —! J Attorney's Office 1\ MEMORANDUM TO: The Board of County Commissioners FROM: K. Marlene Conaway Director of Planning RE: Proposed Amendments To the 2010 Plan and LDRs Adding Transfer of ROGO Exemptions and New Opportunities for Affordable and Moderately -Priced Housing DATE: January 31, 2000 ABSTRACT This report details amendments to the Monroe County Year 2010 Comprehensive Plan (2010 Plan) and the Monroe County Code (LDR) that were considered by the Board of County Commissioners at its August 11, 1999 Board meeting in Key Largo At this meeting the Board approved transmission of the 2010 Plan portion of these amendments for review by the Department of Community Affairs (DCA). Meeting Dates August 11, 1999, Transmittal Hearing November 10, 1999, Amendment to LDR Hold Harmless Date February 17, 2000, Adoption Hearing DCA Review The DCA reviewed the proposed 2010 Plan amendments that were transmitted and outlined its objections, recommendations and comments in its December 23, 1999 report to the Planning Department. The DCA's objections and recommendations on this amendment are presented below: Objection: The proposed amendment to Policy 101.5.4 allows positive points for utilizing TREs, but policies are not included to define the concept, establish appropriate criteria for sender and receiver sites, and ensure internal consistency. In the absence of appropriate guidelines and controls, the transfer o ROGO exemptions could adversely impact environmental sensitive lands, habitats of endangered and threatened species, and vulnerable coastal areas by directing development to these areas. As a result, the policy is internally inconsistent with the objectives of the plan and could undermine the effect of the Permit Allocation System and related point criteria. Recommendation: The amendment should be revised to include a policy that defines the concept, establishes appropriate sender and receiver site criteria and require that receiver sites score at least the same number of points as sender sites based the application of the point criteria in Policy 101.5.4. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 1 of 30 Planning Department's Response The Planning Department's addresses the objections and recommendations of the Department of Community Affairs (DCA) in the following ways: 1. As per the DCA's recommendation, the following 2010 Plan policy has been added to this amendment proposal: Policy 101.5.10 Monroe County may develop a program, called Transfer of ROGO Exemption (TRE), that would allow for the transfer off -site of dwelling units, hotel rooms, recreational vehicle spaces and mobile homes to another site in the same ROGO subarea, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. In addition, the new site would not be eligible for any negative environmental points under ROGO with the exception of those properties designated Residential High L. When a multiple -family housing development utilizes a TRE, any other units in that same project that are permitted through the ROGO process may be eligible for minor positive points on a one for one basis. 2. Most of the THE details that the DCA requires have already been addressed in Ordinance No. 034-1999. This ordinance which provides LDR language for proposed amendments to ROGO and affordable housing is currently being reviewed by the DCA Ordinance No. 034-1999 was moved forward since the Planning Department did not feel that 2010 Plan amendments were required for these proposed LDR amendments. Ordinance No. 034-1999a, which was adopted at the November 10, 1999 BOCC meeting, changes the hold harmless date of the LDR amendments This ordinance details the TREs program is included as an attachment to this staff report [Attachment 1 3. The corresponding LDR ordinance detailing among other things positive point criteria for Modest Homes utilizing THE program has also been added and is included as an attachment to this report [Attachment II1. 4. There are no other amendments to this staff report. Due to the large size of this report, portions of the text are HIGHLIGHTED to bring the reader's attention to KEY LANGUAGE. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 2 of 30 2010 PLAN & LDR AFFORDABLE HOUSING & REDEVELOPMENT AMENDMENTS Executive Summary Transferring ROGO Exemptions (TREs) Built or vested units and spaces could be transferred off -site provided that certain conditions are met. This initiative is available for residential and transient dwelling units that meet specified criteria. Residential units built with purchased TREs would be for residents, earning up to the median income owners/occupiers (< $49,000/ yr.) or residents who pay up to the maximum affordable housing rent for their rental units ($1,225/mth.). Units built with Free TREs — those made available due to the removal of illegal lower enclosures that were counted in ROGO and are subject to a valid unexpired State THE agreement - would only be available for low income owners/occupiers (< $39,200/year) and renters ($980/mth). Implementing this proposal is facilitated by Section 9.5-120.4(b) of ROGO (LDRs). New Points for Modest Housing Points are provided for homes: with `modest' characteristics, such as small size and multifamily developments. Since modest housings tend to be less expensive, these cost savings could be gassed on to renters and owners in terms of lower rents and purchasing prices. Modest residential dwelling units could help meet the housing needs of middle and limited income residents. Implementing this proposal requires' amending Policy 101.5.4 of the 2010 Plan and is facilitated by Section 9.5-1233(a) 19 of ROGO (LDRs). Revision of Affordable Housing Qualifying Criteria The qualifying criteria for affordable housing applicants is revised to ensure that only median and very low income residents will qualify for affordable housing ROGO allocations. Currently households earning up to $58,800 are eligible to apply for affordable housing ROGO allocations. Given the critical need for units for lower' income residents and that the County is proposing new points to benefit moderate income residents it is prudent to lower the affordable housing income limits. Implementing this proposal is facilitated by Sections 9.5-4 (A-5), 9.5-122 and 9.5-266 of ROGO (LDRs). Annual ROGO Allocation Review The 2010 Plan is amended so that at least 20% of all ROGO allocations are devoted to affordable housing. The County will be able to adjust the allocations'; of ROGO allocations according to need on an annual' basis. The LDRs are amended to allow for an annual review and adjustment of ROGO allocations between these two residential ROGO categories. Implementing this proposal requires amending Policy 101.2.4 and 601.1.11 of the 2010 Plan and is facilitated by Section 9.5-122 of ROGO (LDRs). Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 3 of 30 TRANSFERING ROGO EXEMPTIONS (TREs) Background A background description, criteria and discussion for this proposed initiative are provided below. Actual language can be found in the draft ordinance in Section 9.5-120.4 (b) of ROGO. The following challenges facing Monroe County are addressed by this proposed amendment. • Limited availability of safe and affordable housing (especially for low and very low income residents) • Non-conformance as to density • Lack of redevelopment opportunities for transient developments • Limited availability of cesspit credits as an impediment to constructing affordable housing The potential impacts of THE policies on transient and residential developments are multi- faceted. Most notably they will enable the replacement of existing housing with safer housing that meets the needs of lower income residents over the long term. The recent storm events demonstrated how vulnerable Monroe County's affordable housing is to the natural elements. Most of the homes that were damaged and destroyed were mobile homes and recreational vehicles (Figure 1). The displacement of residents living in low cost units serve as THE sender sites is addressed in several ways. The County's role in minimizing resident displacement is to require residential units built with TREs to meets the housing needs of displaced residents. The County is fulfilling this role by placing 20 year affordable housing restrictive covenants on all residential dwelling units built with TREs. The maximum housing costs per month (principle interest, taxes, insurance and/or rent) for residential units built with TREs and the maximum adjusted gross incomes of the residents qualified to live in these units will be adjusted on an annual basis to ensure that these units are reserved for affordable housing. Developers utilizing TREs will be responsible for meeting all applicable legal requirements associated with displacing residents outlined by federal and state displacement policies, including Section 723 of the Florida Statues. The full extent of developers' responsibilities for displaced residents could best be addressed by the proposed new Department of Community Affairs's (DCA) and Monroe County Housing Authority's affordable housing planners. These planners could develop displacement policies that utilize federal Community Development Block Grants (CDBG) that are administered by the DCA. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 4 of 300 Figure 1: Visual Representation of TREs N c a Sm ow C. 0 x Uj zoo MW MEN o i Zoo en w N w CN Z w (1) Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 5 of 30 While providing safe alternatives to mobile homes and RVs would enable the County to address several of its 2010 Plan goals, removing mobile homes from the CHHA could also lead to a loss of affordable housing for some residents. Many residents, especially those in the lower income categories, would likely be unable to afford the purchasing costs, or rents of mobile home replacement units unless certain protective measures were enacted U-4it n re g he'lacem t p en units built with residential TRES to attached affordable residential dwelling units should help ensure that a safe housing supply that meets the needs of lower income residents is created and maintained. RV spaces upon which RVs function as permanent -residences subject to County requirenit either residential or hotel units, subject to the criteria outlined'in this report. An RV is treated as a permanent residence by Monroe County if it fits the following criteria: (1) it is not road -ready or permanently affixed; AND (2) it has a permit from the County that authorizes the RV to be permanently affixed or was identified in the County's 1988 mobile home study as being not road -ready and permanently. Goal 601 directs the County to adopt programs and policies to facilitate access, for all residents, to adequate and affordable housing that is safe, decent, and structurally sound and that meets the needs of the population. Objective 601.3 directs the County to increase implementation efforts to eliminate substandard housing and to preserve, conserve and enhance the existing housing stock, including historic structures and sites. TREs could also encourage re -development in the form of investments in existing structures. Such investments are essential for ensuring the long term structural integrity of these buildings. TREs will also create re -development opportunities for transient developments, especially those that are non -conforming as to density. Monroe County residents have repeatedly expressed their frustrations with the strict regulatory climate of the Keys. Many business owners in the County feel that these regulations actively prevent them from redeveloping and improving their properties. The Planning Department is developing new policies incentives that create effective redevelopment opportunities within the context of the local regulatory environment. Properties that are non -conforming as to density can place an unacceptable burden on surrounding properties, public facilities and the environment. The 2010 Plan has a range of policies that discourage over -density development. There are six main policies in the 2010 Plan that address non -conformity. Policy 101.8.1 prohibits the expansion of non -conforming uses. Policy 101.8.2 prohibits changing the use of a non -conforming property. Policy 101.8.4 prohibits substantial improvements to non -conforming structures and over -density developments. Policy 101.8.7 prohibits the re-establishment of non -conforming uses, which have been discontinued or abandoned. Policy 208.2.9 prohibits permit renewals from being issued for non- conforming uses within zoning districts. Policy 101.4.23 is the only exception to these prohibitions as it allows non -conforming structures that served as a principle residence on January 4, 1996 to be replaced by another unit, regardless of zoning limitations on the property. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 6 of 30 Densities have been decreased over the years, first in 1986 and again with the 2010 Plan, making many once conforming sites now non -conforming. While the above referenced policies are intended to protect the community from unsustainable development, they also stand in the way of other public interests articulated in the 2010 Plan. Objective 101.4 of the 2010 Plan directs the County to regulate future development and redevelopment to maintain the communities' character the natural resources by encouraging of land uses consistent with the designations shown on the Future Land Use Map. Goal 102 of the 2010 Plan states that the County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. By requiring the receiver sites for TREs to be already developed or scarified the County is addressing this goal. These policies suggest that the County should make the most of developed properties to meet the commercial and housing needs of residents. Under current laws, property owners can redevelop properties that are over -density by removing structures that exceed the density restrictions on the properties, or applying for map amendments to re -zone their properties. Since most map amendments are costly, time consuming and decrease development potential, they are often not a viable option for many over -density sites. Also a change in land use might not even resolve the issue given the low level of densities allowed in the 2010 Plan compared to earlier allowable densities for the County. These complications highlight the need for providing opportunities to replace these units off -site. with regards to densit making their propertii redevelopment.Once incentive to maintain in the sales of these pi an opportunity to transfer units off -site, thereby provides a much' need incentive for conformance there would be a financial Lents in conforming properties can be recaptured i major storm, in insurance payments. Monroe County submitted proposed LDR language for transferring residential ROGO exemptions to the DCA as part of Ordinance 006-1998. While the DCA supported the concept of transferring residential ROGO exemptions, it also expressed concern that more detailed criteria is necessary for these exemptions. In April 1998, the DCA rejected Section 9.5-123 (f)(3) a-h of the Monroe County Code. This section creates criteria and an exemption from ROGO for projects that remove and transfer residential dwelling units from one site to another site within the same ROGO allocation subarea. The DCA found that this proposal did not take into consideration secondary impacts, such as traffic impacts (in regards to Big Pine and No Name Key) and stormwater and wastewater impacts. The new language presented in this staff report addresses DCA's concerns regarding residential TREs. DCA was not presented with information relating to transient TREs in the first ordinance, so there are no comments from the DCA on transient TREs. The secondary impacts of TREs on traffic in Big Pine Key, No Name Key, Ohio Key and North Key Largo will be positive, since this program will direct development away from these Keys to areas with a higher level of rroposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 7 of 30 service. Therefore, traffic congestion on these environmentally sensitive areas should be somewhat eased by TREs. Elsewhere in the County, traffic flow could be aided by TREs since the receiver sites for these units will be higher density zones, such as Suburban Commercial (SC) and Urban Residential (UR), which are located within or close to commercial centers. The distances that residents of developments built with TREs would need to drive should be less than if they resided outside of commercial and service centers. TREs will also positively impact on N are being removed, in part because th cesspits to remove them. The THE p for the removal of cesspits, since own units for -a profit. Prior to building a I Since the receiver sites for THE developments could efficiently 1 encourage the removal and cede units with clustered developneri eater and stormwater impacts. Currently, few cesspits limited financialincentive for owners of units with I a qualified THE receiver site, the existing unit on the nd any cesspits associates with the unit removed. ce sewage package plants. Therefore, TREs will .'L ..a..�.7.._. l __'-_v __� y mot. _ • A .. It to code. j --- -- - - Since owners of residential units that served as lawfully established principal residence on January 4, 1996, already have a range of options available to them under the 2010 Plan and the County Code, they are less likely to sell these units as TREs. Therefore, TREs will not likely serve as a compelling incentive for owners of lawfully established principal dwelling units to sell their units. TREs could increase the number of affordable housing units for lower income residents without increasing the actual number of units in Monroe County. TREs are one of several steps being taken by the Planning Department to encourage redevelopment and facilitate the development of affordable housing. These transfers will facilitate the removal of sub -standard units and redevelopment. TREs could also enable the development of new affordable housing and transient rental properties that meet the objectives of the 2010 Plan and the requirements of the County Code. Criteria These criteria have been developed to ensure that TREs support the goals, objectives and policies of the 2010 Plan. First only legally established units or spaces that have already been built, or are vested, but not yet built, may be transferred to other sites in the County. In addition the transfers must meet the following conditions: • Transfers will be within subareas to be consistent with the current ROGO distribution,' in accordance with the subareas delineated by Section 9.5-120.2 of the County Code,- * Big Pine Key, No Name Key, Ohio Key and North Key Largo will only be eligible as sender sites for transferring ROGO exemptions (TREs); • Transfers must be located within a US 1 segment which has a level of service equal to or greater than the sending site, but at least in compliance with the comprehensive plan; • Residential TREs can only be used to build attached, affordable housing; and Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 8 of 30 • Sites with negative ienvironmental ROGO points (except for those in RH districts) are not eligible as receiver sites pursuant to Ordinances 010-1999 and 11-1999. THE Process SENDER SITE APPLICATION • Pre -application conference • At minimum - Minor Conditional Use • Development Order detailing which units are to be removed (or changed from a residential to a non-residential use) and resulting site conditions RECEIVER SITE APPLICATION • Pre -application conference • At minimum - Minor Conditional Use • Development Order approving use of TREs and new site plan -witting Procedures • Potential THE sender and receiver site applicants mu; prior to participating in the'TRE program; • Potential TRE'sender and receiver site applicants shal conditional use permit; • A transfer off -site shall consist of either the demolitio residential to non-residential of a unit or space from a a new unit on a receiver site; • Sender sites must meet all of the land development re attend pre. -application conferences apply for at minimum a minor or a change of use from ;ender site and the development of etseq. of the County'Code; • Receiver sites must meet all of the development and affordability requirements outlined in Section 9.5. County Code; and • The conditional use process will allow for flexibility in the timing and implementation of these THE projects. Residential TREs Eligible Sender Site: • A hotel room, mobile home, recreational vehicle space, or dwelling unit that is: I. in existence as of January 4, 1996; and 2. accounted for in the hurricane evacuation model which forms the basis of ROGO and 3. lawfully established or subject to a valid unexpired State TRE'agreement, may be rebuilt in another part of the unincorporated county subject to the criteria for redevelopmentoff-site. Candidate' Receiver Site Requirements: • In order to redevelop off -site, a receiver site must be evaluated for both its structural and site conditions. • An affordable housing unit may be developed if the: rroposea Lu i u Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 9 of 30 1. Sender unit is eligible; 2. Receiver unit: 1) is an attached dwelling unit; 2) meets the criteria for affordable housing pursuant to Secs. 9.5-4(A-5) and 9.5- 266; 3. The transfer is made to a receiver site that is located in the same ROGO subarea as the sender site; and, 4. The receiver site receives no negative points when evaluated pursuant to Sec. 9.5- 1223 (a) (7) or (8) or (9). Unit Requirements: • Attached residential dwelling unit with up to 1,300 square feet of habitable space (un-enclosed porches are allowed, but not included in these calculations); • TDRs might be required to reach the maximum net density for market units that combined with affordable THE units make up a mixed use development. Discussion and Consistency with 2010 Plan Residential TREs will enable the County to meet many of its 2010 Plan goals and policies. They will help the County balance affordable and market housing as required by Policy 101.2.4. and allow the County to manage future growth to enhance the quality of life, ensure the safety of County residents and visitors as required by Goal 101. Downstairs Enclosures TREs also provide a pote enclosures that were cow Management Division pr June 9-10`BOCC public J the affordable housing po, of the Department of Corr 7ng in Marathon. Detailed analysis of c 430 of such units may exist and should n a manner deemed appropriate by the 1 me of the downstairs th the result of the Growth se study information e considered as available to recognizes some, or all of these units from the downstairs enclosures, the Planning Department could work with the DCA to create a State THE Agreement that provides detailed guidelines as to which units will be counted and how they can be used. The Planning Department will request that if these units are recognized as TRE'sender 'units, ;that they can only be used to develop attached affordable housing for low and very low income residents. `.Therefore, only qualified'owner/occupiers who ea- `` ^^ ^^" who would pay at most $980 a month for rent could live in t] the lower enclosures. Another condition that the Planning D TREs is that they be provided free of charge to developers (F attached housing for low income residents. These measures removing downstairs illegal enclosures on the County's supp income residents, since units counted in ROGO and used for into the affordable pool for low and very low income residen UP Ev .53y,200 a year and renters units build with these TREs from - u tment would suggest for these e TREs) who will be able to build )uld help minimize the impacts of of housing for low and very low fordable housing will be put back Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 10 of 30 Residential TREs could help the County provide more affordablehousing for median, low and very low income residents (Goal 601. 1) and eliminate substandard housing (Objective 601.3) by providing a mechanism for replacing dilapidated housing with new affordable units built in compliance with current zoning and safety requirements. Residential THE addresses Policy 601.1.7 since all residential THE will remain affordable for 20 years. Furthermore, since these units are restricted in size (< 1,300 square feet), use (attached dwellings) and occupancy (median to low income residents) their affordability should be assured over the long term (Goal 601). Residential TREs could become a valuable component of the County's affordable housing strategy required by Policy 601.1.11 of the 2010 Plan. THE units could increase the supply of affordable housing for very low income residents who are the most cost burdened in the County and have the most difficulty finding accommodation. In 1989, 86% of renters in Monroe County earning less than $19,999 a year were cost burdened, while 29% of renters earning between $20,000-$34,999 a year were cost burdened. These calculations are drawn from the number of households paying >30% of their income towards housing costs (Table 1). Table 1: Household Cost Burden in 1989 Income Owners T Renters KKeyest Unincorporated County 1Key West Unincorporated County Total 1 Total < $10,000 59% 73% 68%I 80% I 91% 86% $ 10,000 - $19,999 37% 42% 41 %1 84% 81 % 82% $20,000 - $34,999 33% 35% 34%' 52% 29% 40% $35,000 - $49,999 24% 26% 25%' 10% 20% 16% > $50,000 11% 10% 10%1 1% 1 4% 3% % of Total Households 27% IA- 28% 27%I 51% 46% 49% ..., ....o. I'lu W- .7 —Y v—, ney L.oiony weacn, Layton anct unincorporated Areas Source: Department of Community Affairs 1998 Affordable Housing Needs Assessment — data drawn from the 1990 Census. Shimberg Center for Affordable Housing As per Policy 101.2.13 of the 2010 Plan all new development in Monroe County is required to obtain a cesspit credit prior to the issuance of building permit. This requirement is intended to ensure no net increase in water quality degradation and removal of cesspits. Lack of progress on cesspit removal has lead to reductions in annual ROGO dwelling unit allocations for Monroe County. Currently the number of cesspits being removed falls short of demand which impedes the development of new housing. rroposea luiu Tian and LOR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 11 of 30 Developers of market rate housing have been purchasing their cesspit credits in order to begin development once they have their`ROGO allocation. However, the costs of purchasing cesspit credits (< $2000) is prohibitive for many affordable housing developments. Since TREs will not be considered new development, new units built with TREs will not require cesspit credits. At the same time the demolition of existing units to serve as TREs will lead to the removal of cesspits and the releasing cesspits, credits for use by other developments. Residential TREs will direct new development to areas that are zoned to accommodate higher densities and are more suitable for development. This could lessen the impacts of over- development on areas most .vulnerable to such impacts. These transfers will also encourage more - ___ -- __ .__..r-...__.....,..­=..s­ . LXA. u.+ut cuiu -Vat G1lctdd VG'JCd-VICmg. Objective 601.1 of the 2010 Plan requires Monroe County to reduce by 50% the current estimated affordable housing need for households in the very low and low income classifications (HUD definitions) by 2002. In 1997 it was estimated by the Monroe County Building Department that mobile homes and trailers accounted for just under one third of the County's housing stock. Despite the numerous safety concerns with living in mobile homes and trailers, such as vulnerability to hurricane force winds, these accommodations are only housing option for many Keys residents, especially lower income residents. The affordability and size criteria attached to the units built with TREs will help ensure the long term availability of housing for lower income residents. Replacement units for lower income residents will provide a safe alternative to living in mobile homes and RVs, which carry with them substantial fire and storm damage risks. Low and very low income residents should benefit from the residential TREs program in several ways. Firstly, since residential TREs can only be used to build units for qualified affordable housing residents this should increase the supply of less expensive residential units in the County. Secondly, since these new affordable units will be built to current building code requirements (such as wind loads and elevation) they will provide a safe alternative to mobile homes, RVs and illegal lower enclosures. Finally, TREs could encourage an increase in the quality of the existing affordable housing stock, since property owners will be able to re -coup property improvements in either a sales, or post disaster situation. It is anticipated that over -density mobile home parks, will participate heavily in the THE program. Reserving the use of residential TREs to units for affordable income households will help preserve a viable housing supply for these residents. This occupancy restriction is intended to ensure residents living in older mobile homes and trailers can afford the rent in the new units built with TREs. Such measures are necessary to ensure that the County can meet Objective 601.1 and other related affordable housing policies aimed at assisting lower income residents. TREs will also be used to create mixed -use development in which affordable housing units are built with TREs, while the other units compete in market ROGO. Combining affordable THE units with market rate units in a mixed -use development could make attached, multi -family Proposed 2U 10 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 12 of 30 developments a more feasible alternative in the County. TREs would allow for the building of more units, thus enabling developers to take advantage of economies of scale with their projects. The market rate component of such developments could help offset the costs of providing housing for median, low and very low-income residents. Transient TREs EligibleSender'' Sites: • Lawfully existing motels, hotels and spaces that accommodate `road ready RVs' (RV spaces), which includes only those located in RV zoning districts. Candidate Receiver Sites Conditions: Criteria far redevelopment off -site: In order to redevelop off: site, a receiver site must be evaluated for both its structural and site conditions. 1. Transfer to a hotel: A hotel or hotel room maybe developed if the: 1) sender unit or space is eligible and provided that it was used as a hotel room or recreational vehicle space in accordance with Sec. 9.5-4; 2) transfer is made' to a receiver site located in the same 'ROGO subarea as the sender site; and 3) receiver site receives no negative points when evaluated pursuant to Sec. 9.5- 1223 (a)(7) or (8) or (9). • Only those new transient developments that will not require commercial floor area will be able to utilize the transient TREs. " Discussion and Consistency with the 2010 Plan While transient THE units can be used to build either affordable housing or hotel units, market forces will most likely direct these units to existing or new hotel developments. Therefore, it is expected that transient TREs will only have limited applicability for affordable housing. Transient TREs could benefit the local tourist industry by providing a mechanism for existing non -conforming structures to sell units to existing or new hotels. Once sender sites are conforming as to density they will be able to redevelop their properties. This provision therefore assists with the 2010 Plan's redevelopment and infill objectives. environmentally sensitive areas and direct accommodate hotel units. These transfers which are better suited for efficient and co .age future growth to tors, and protect removal of non - v developments to areas that are zoned to t also encourage more compact and clustered hotel: Ffective servicing than dispersed development. wnue accessory uses such as front desks and hallways are not considered `commercial floor area, 'restaurants, bars gift shops and the like are. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 13 of 30 Currently, opportunities for hotels that want to expand their facilities, or sell existing units are quite limited. The moratoriums on new transient units (Policy 101.2. 6) and commercial development (Policies 101.3.1, 101.3.3 and 103.3.5) have impacted business that want to expand their facilities, scale back their operations or build new facilities. TREs can be used as a mechanism for hotels that have not reached their maximum net density per buildable acre to expand their operations utilizing TDRs. The Planning Department has been approi `mom and pop' hotels that want to either i conformance with the Monroe County Co, onerous owners of older, :non -conforming f their units so they can come into revenue, or leave the accommodation business. Increasingly tourists are staying at large, competitively priced, full -service chain hotels and exclusive accommodations catering to niche markets, rather than older, family run accommodations. TREs could provide an additional source of revenue for old `mom and pop' hotels in the Keys that are in need of additional revenue sources and are unable to compete against full service hotels. TREs could also provide owners of small family run hotels and motels an opportunity to sell all of their units for a reasonable return on the open market. Since many existing hotels lack the funds necessary for purchasing additional units, TREs will also be available to new transient rental developments. TREs could help attract investment to the County in the form of developing new hotels and upgrading existing facilities. Creating new and expanded hotels using TREs is not inconsistent with the commercial moratorium since there will be no net increase in transient units for the County. TREs could serve as an effective and efficient way of recycling residential and transient units in Monroe County. TREs could also serve as additional revenue sources for owners of transient accommodations who want to sell some or all of their units. TREs could also prove to be an attractive mechanism for owners of legally non -conforming sites, such as over -density mobile home parks, to sell their over density units to multi -family developments. Residential THE recipient sites could either be mixed use developments with market and affordable (very low income residents), or strictly affordable developments with units for moderate very low income residents. Without comparing building permits and state licensing records with a detailed physical land use inventory, it is impossible to accurately determine the number of potential THE units that actually exist in the Keys. To approximate the number of potential transient and resident TRE's data is compiled from several sources. Base data for motel, hotel units and RVs/Trailer is from the 2010 Plan Technical Document. Units in Islamorada are excluded from the tabulation. These data records are cross-referenced and supplemented with a substantial amount of additional data from a Survey of Authorized Mobile Home and Recreational Vehicle Parks (1992), provided by Plantation Key Building Department. Totals for all categories are only a rough estimate of the potential TRE's in the upper, middle and lower keys (Table 2). Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 14 of 30 Table 2: Potential THE Units 1) Motels and Hotels Subtotal Upper Keys 1263 Subtotal Middle Keys 1480 Subtotal Lower Keys 610 Total Motel and Hotel Units 3353 2) RV/Trailer Sites in RV District Subtotal Upper Keys 1080 Subtotal Middle Keys 994 Subtotal Lower Keys 1107 Total RV/Trailer Sites 3181 3) Mobile Homes Subtotal Upper Keys 2993 Subtotal Middle Keys 784 Subtotal Lower Keys 2281 Total Mobile Homes 6058 4) Attached Dwelling Units - data N/A 5) Overdensity Detached Dwelling Units (DU's) - data N/A TOTAL POTENTIAL TRE'S TO RESIDENTIAL UNITS 12,592 Points for Modest Housing A background description, criteria and discussion for the proposed amendment are provided below. Both a 2010 Plan & LDR amendments are needed for these new points. Background The intent of these new positive points is to help increase the supply of modest housing in the County, which in turn will help diversify the housing options available to residents. Over the years the vast majority of ROGO allocations have gone towards market housing. Most of the homes that have been built meet the needs of moderate to upper income households. Within the market category. of ROGO at least 18-20 points are generally needed to compete successfully for a market ROGO allocation award. However, since only 16 of these paints may be gained with minimal financial burden, most of these allocations are going towards high priced homes. Detached and attached residential units are eligible for these modest housing points. The proposed points will also enable the County to meet many of its 2010 Plan goals and policies. Goal 101, will be addressed by the new points in that they will serve as a tool to manage growth and to enhance the quality of life in the County by providing a wider range of quality housing options for residents (Figure 2). ' Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 15 of 30 The modest housing ;points -will be available for homes competing in the market and affordable housing categories. These points would therefore give modest housing developments for middle and moderate income residents a competitive edge in the market category. Extra initiatives are needed to provide housing for homes that meet the needs of middle and moderate income residents that do not draw allocations away from median, low and very low income residents. These new points will provide applicants for modest housings in the market residential ROGO category with a competitive advantage over estate homes. Once the affordable housing category becomes more competitive these new modest points will encourage the development of more modest affordable housing and thereby give an extra advantage to homes designed to meet the needs of very low income residents. A modular home is defined as "a structure intended for residential use and manufactured off -site in accordance with the [local or state] BOCA Basic Building Code."" Unlike mobile homes and recreational vehicles, modular homes are viewed as permanent residences under the Monroe County Code. Therefore, modular homes are eligible for affordable housing ROGO allocations and various funding opportunities. Criteria Modest housing points are available for both market and affordable homes. Minor positive points shall be assigned to encourage the construction of more reasonably -priced homes. In order to receive these points the following conditions should be considered; • Un-enclosed porches are, allowed, but not included in these calculations; • Subject to a'permit restriction, no additions can be added to the residential dwelling unitfor - up to 7 years • The size restrictions on these units is intended to prevent people from abusing the system by gaining extra points for building a small unit and then substantially increasing the size of the unit, while enabling them to slightly expand the home to meet their changing needs; • Modular homes must comply with all applicable State and Monroe County building requirements; • A non -water front lot refers to a parcel of land that does not directly border on the Atlantic Ocean, Gulf of Mexico or any canals; and • Sites with negative environmental ROGO points (except for those in RH districts) are not eligible as receiver sites. 2 Source. APA. (1998). Manufactured Housing: Regulation, Design Innovation and Development Options, pp. 13. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 16 of 30 0 h O O O 0 Figure 2: Visual Representation of Modest and Estate Housing WILM BE BE as as. so Eff as BE Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 17 of 30 Detached Residential Dwelling Unit • To qualify for modest housing points the dwelling unit must qualify for infill ROGO points; • Detached residential dwelling unit shall be less than or equal to 1,300 square feet in size to promote the development of three bedroom homes for families [+2 points]; • Application qualifies under the detached dwelling unit modest housing category and proposes development of a dwelling unit that is of modular construction [+2 points]; and • Application qualifies under the detached dwelling unit modest housing category and proposes development of a dwelling unit that is on a non -water front lot [+1 points]. Attached Residential Dwelling Unit • Attached residential dwelling unit shall be less than or equal to 1,300 square feet in size [+3 points]; • Application qualifies under the attached dwelling units modest housing category and proposes development of a dwelling unit that is of modular construction [+2 points]; • Application qualifies under the attached dwelling units modest housing category and proposes development of a dwelling unit that is on a non -waterfront lot [+1 points]; and • Application proposes utilizing residential TREs in the development of attached dwellings (these units would have to meet all of the THE criteria for residential units) [+2 points]. Discussion and Consistency with the 2010 Plan Goal 601 of the 2010 Plan states that: Monroe County shall adopt programs and policies to facilitate access by all current and future residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. Modest housing and THE points will help the County achieve Goal 601. eds of midd ►aracteristic: e market R( rices. OGO that meet the comes with `modest' gh-priced homes in on to renters and Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 18 of 30 Under -utilization of available affordable housing ROGO allocations has been linked to the eligibility requirements placed upon potential affordable housing occupants. The 20-year deed restriction on the income of residents living in homes built with affordable housing ROGO allocations is of particular concern to many developers and potential homeowners. Instead of restricting the occupants of these units the new modest housing and THE points place restrictions on characteristics of the units. Only minimal restri4 required. At the san the needs c rig of occupants is apply of more 1 continue to meet r income residents. The new modest housing points and TREs should provide the impetus to diversify Monroe County housing stock and to provide more housing for low and very low income residents. An additional advantage with the modest points is that they will make the market ROGO category more competitive. Increased competition could require ROGO applicants who are interested in building modest housing to donate more land to the County to gain points. The modest points will therefore help the County address its commitment to increase land dedications and lower excessive development expectations. These examples show how the new modest housing points will be applied: Detached Dwelling Unit: • 1,200 square foot house detached dwelling unit' [+2 pointsl • Modular construction [+2 point] • Total = +4 ROGO points Attached Dwellings with 3 or More Units • 800 square foot units [+3 points] • Non -water front [+1 point ] • THE is used for one or more of the units [+2 pointsl • Total = +6 ROGO points for all the units that compete in ROGO In both of these scenarios additional points can be gained with minimal financial burden on behalf of ROGO applicant. Since applicants may already gain 16 of the currently available ROGO points with moderate expense, these additional points (+4, +6) will enable applicants to receive the extra 2-6 points necessary to compete successfully for a market ROGO allocation award. Additional moderately priced housing for families, couples and singles is needed. The new modest housing points are targeted for detached dwelling units for families and attached dwellings to meet these needs. Requiring modest detached dwelling units to 3 In order for a detached dwelling unit to qualify for any of the modest market points must be eligible for the 10 infill ROGO points rroposed 1UI0 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 19 of 30 qualify for infill points encourages development in suitable areas, such as scarified lots in subdivisions and discourages development in unsuitable areas, such as environmentally sensitive lands. The attached dwellings are not held to this requirement since many of the large sites suitable for multi -family living are not platted. The requirement that all undeveloped receiver sites for TREs be scarified ensures that these developments will not go to environmentally sensitive lands. Providing extra ROGO points for detached dwelling units with modest characteristics will support the development of small three bedroom homes for families. Since much of the work in Monroe County is seasonal offering relatively low wages and short-term employment, it is also important to provide homes such as attached units for these workers. Providing extra ROGO points for dwelling units with modest characteristics will support the development of small apartments, efficiencies and employee housing for singles and couples. Attached dwellings tend to be smaller, less expensive and more likely to serve as rental accommodations than detached single family homes. One of the largest obstacles to building multi -family housing in Monroe County is that each unit is required to go through ROGO and compete on the same grounds as any other dwelling unit. Up until now there have been no additional points available for attached dwellings. The new market points in combination with THE points will provide an advantage to these units, because such developments will be able to obtain extra ROGO points with negligible additional expense. The restrictions on housing size and covering decks are intended to ensure that these units stay reasonably priced over the long-term. If these restrictions are removed developers could use modest housing points to build homes that are initially less expensive, and then substantially increase the floor are of these homes. The increased size of the homes would in turn makes these homes more expensive. Affordable housing developments with negative environmental score will be ineligible for affordable housing ROGO allocations, except for those in RH districts. REVISION OF AFFORDABLE HOUSING QUALIFYING CRITERIA The qualifying criteria for affordable housing applicants is revised to ensure that only low and very low income residents will qualify for affordable housing ROGO allocations. Implementing this proposal is facilitated by Section 9. S-4 (A-S) and Section 9.5-266 of ROGO (LDRs). Background Since the beginning of ROGO the majority of homes built using affordable housing ROGO allocations have been in the upper range of the affordable category. Currently households rroposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 20 of 30 earning up to $58,800 are eligible to apply for affordable housing ROGO allocations. This remarkably high upper limit draws `affordable' housing allocations away from those residents most in need of low cost housing. Developers are more attracted to building `upper -end' affordable homes, since they tend to receive a better return and are often awarded more points in the competition to win tax credits from the State and Federal governments on such units'. Residents earning $49,000 or less h $39,200 or less in the County are cc considered very low income. Resid affordable housing. This need is cry many of these units due to natural d profitability of building these reside the County are considered median income, those earning isidered low income, and those earning $24,500 or less are nts earning up to the median income are most in need of itedby a limited supply of low cost housing, the loss of >asters and regulatory requirements and the limited itial units. Monroe County residents in the low (80% of the median income) and very low (50% of the median) income category categories are the most cost burdened members of our communities. Since these are the same residents who form the backbone of the County's service based economy, if their housing needs are not met they will no longer be able to live in the County and the entire economy in the Keys will suffer. Many business owners report that this is already happening, so clearly something must be done to create more opportunities to build and maintain a viable housing stock for low and very low income residents. Objective 601.1. of the 2010 Plan directs the County to reduce by 50% the affordable housing need for low and very low income residents by January 4, 1998. This objective has yet to be met. Currently the affordable housing needs of low and very low income residents cannot be substantially reduced given high cost of developing housing in the Keys. Any reduction in the income' qualifying criteria must be viewed within the context of the effect it will have on the cost of building a residential dwelling unit. If the upper qualifying limits are dropped too low then developers will not be able to make an acceptable profit on their investment and a household will be unable to pay for the cost of constructing and maintaining their home. The Planning Department worked extensively with local developers, affordable housing groups, financial experts, contractors, realtors and other interested parties in preparing and examining cost scenarios for affordable housing. Analysis of these scenarios showed the following: Median Income Upper Limit - Works • Developers would likely make an acceptable profit if the upper income limit for affordable housing dropped to the median income level. • Households in the median income category would likely afford to build, finance and maintain their residential units.' " Source: Miami Herald — Keys edition., March 10, 1999, pp. 1. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 21 of 30 Low Income Upper Limit - Problematic • Developers would NOT likely make an acceptable profit if the upperincome limit for affordable housing dropped to the low income level. • Households in the median income category would have difficulties affording to build, finance and maintain their residential units. The estimated profit on a residentia mortgaged over 30 years and rentin 8% to 10%. The estimated housing (maximum $49,000/year) on a resic $13,200 a month and $1,43 8 to $1 unit costing $112,500 to $152,500 including land, at the median level would give a developer a return between expenses of a household that earns the median income -ntial unit costing $112500 to $152500 including land, at the median level would be; approximately $1,100 to 256 a year. Removing the moderate income sub -category from the affordable housing ROGO category will create opportunities for the County and developers to focus all of their affordable housing efforts on median, low and very low income residents. Thereby, the maximum rent for affordable units would drop from the moderate rent (maximum $1,470/month) to the median rent (maximum $1,225/month). Owner/occupiers of affordable housing units earning close to the median income could expect to pay approximately one third of their income towards housing expenses ($13,200 to $17.256). These income and maximum housing costs per month limits are adjusted every year to account for inflation and cost of living expenses in Monroe County. The proposed modest housing points would ensure that middle and moderate income residents competitive edge in the market category. Moderate income residents would then be competing against residents in the market category for ROGO allocations, rather than competing against low and very low income residents who need the most assistance from the County in fulfilling their housing needs. can compete be available for homes competing in the market and affordable housing categories. These points would therefore give modest housing developments for middle and moderate income residents. Criteria • The definitions for moderate income residents will be removed from the County Code. • This involves modifying Sections 9.5-4 (A-5) and Section 9.5-266 of the County Code. • The 2010 Plan does not need to be amended since the eligibility criteria for affordable housing is no longer a part of the comprehensive plan (Ordinance 10-1999)` Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 22 of 30 ANNUAL REVIEW OF ROGO ALLOCATIONS The following section contains background inform, criteria and discussion for the proposed amendments. Both a 2010 Plan & LDR amendments are needed. Background Facilitating access to affordable housing is one. of the underlying goals of the 2010 Plan. However, various market, environmental and regulatory factors have combined to make affordable housing increasingly difficult to obtain. The shortage of safe and affordable housing in Monroe County has a wide range of negative impacts on the communities of the Florida Keys. Low and very low income residents have the most difficulty in meeting their housing needs. The Shimberg Center's Affordable Housing Needs Analysis (July 1998) found that 11,592 households in Unincorporated Monroe County were `cost burdened', meaning that they spent more than 30% of their monthly income on housing. This number assumes that some people are either living in "overcrowded" situations; paying more than they can afford on rent, or living in sub -standard housing. According to Woods and Poole Economics, 66% of Monroe County households earn less than $39,999 a year (Table 3). Table 3: Projected Number of Households by Income Cateeory (Entire Monroe C'nnnbl Income Categories (1990 dollars) 1990 1995 2000 2005 2010 < $10,000 4,072 3,672 3,483 3,408 3,153 $10,000 TO $19,999 6,615 5,963 5,657 5,537 5,120 $20,000 TO $29,999 6,532 5,888 5,584 5,465 5,055 $30,000 TO $39,999 5,164 5,838 6,174 6,291 5,829 $40,000 TO $49,999 3,421 4,124 4,917 5,806 6,829 > $50,000 7,948 9,584 11,426 13,494 16,668 TOTAL 33,7501 35,0681 37,241 40,001 42, 674 �uurce. vvovus and rode Economics. Monroe County 1998 Data Pamphlet Although this data shows that over time there will be a slight reduction in the number of low- income residents, these people will still account for a large percentage of the overall population. One reason that the number of residents in the lower income categories is projected to fall is that many residents will no longer be able to afford to live here, especially if they are raising a family. Since the local economy is largely dependent on low paying service sector enterprises the impacts of the lack of affordable housing are being felt in terms of the large number of job vacancies in the County. This lack of service sector workers will likely become even more pronounced in the future, unless something is done now to create more affordable housing. Hurricane George and Tropical Storm Mitch removed much of the County's affordable housing stock. In late 1998 and Senator Daryl Jones and Representative Ken Sorenson appointed a task Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 23 of 30 force to address the crucial need for affordable housing in Monroe County. The Monroe County Affordable Housing Joint Task Force estimates that the entire Florida Keys currently needs 2,360 affordable housing units and that by 2010 this need will be as high as 7,190 units. Assuming that the County's residential permit allocations are not reduced, ROGO has 681 units left to build over the next three years. Since 20% of new ROGO units are set aside for Affordable Housing, this translates to only 136 new affordable units being built — a number far short of demand. A wide range of government agencies, community groups and other concerned citizens are working on new initiatives to revolutionize the affordable housing situation in the Keys. In anticipation of the increased demand for affordable housing allocations the Monroe County Affordable Housing Joint Task Force requested that the Monroe County, Key West and Islamorada Planning Departments explore ways to increase ROGO allocations for affordable housing. The Affordable Housing Joint Task Force requested the Monroe County Planning Department bring forth a proposal to the Planning Commission that supports re -allocating 60% o If the number of applications for affordable housing fall short of demand - a strong possibility given the 20 year deed restriction on homes built with affordable housing ROGO allocations - this could create animosity between community members that want to build market housing and those that want affordable housing. The current allocation system is too rigid to respond in a timely manner to changing needs and new regulatory requirements, such as the cesspit MOU, losses of affordable housing caused by emergency events. Amending the 2010 Plan and LDRs to adjust ROGO allocations to a pre -determined split between market and affordable residential units can take between 1-2 years. Increasing ROGO allocations to 60% over the next three years, in anticipation of an increase in applications does not seem to be justified at this time, since on average only 7.9% of ROGO allocation awards have gone towards affordable housing (Table 4). Table 4: Residential ROGO Allocation Awards ROGO Year Market Actual Total % Potential Affordable Allocations Affordable Affordable 1992-1993 207 11 218 5.0% 43.6 1993-1994 234 9 243 3.7% 48.6 1994-1995 248 10 258 3.9% 51.6 1995-1996 263 40 303 13.2% 60.6 1996-1997 220 23 243 9.5% 48.6 1997-1998 196 24 220 10.9% 44.0 TOTALS 1368 117 1485 7.9% 297.0 Potential Affordable Allocations - Actual Affordable Allocations = 180 Unused Affordable Housing Allocations S ource. Monroe County Building Department rroposea zu i u r►an and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 24 of 30 The Planning Department is addressing the request to increase affordable housing ROGO allocations in an innovative way. A more responsive approach needs to be taken that will allow for the adjustment of allocations according to changing needs. Adding more flexibility to the 2010 Plan to allocate ROGO units for affordable and market housing would enable the County to adjust these allocations in a,timelyand equitable manner. The Planning Department is proposing to amend the 2010 Plan and County Code so that at least 20% of all ROGO allocations are devoted to affordable housing. This provision will enable the County to adjust the allocations between affordable and market housing according to need on an annual basis based upon the findings of a special Planning Commission Review. The LDRs will then beamended to allow for an annual review and adjustment of the appropriate allocations between these two residential ROGO categories. At this annual review the Planning Department and various stakeholders could present their findings to the Planning Commission so that they can adjust ROGO and cesspit credit allocations according to demonstrated needs. The Affordable Housing Blue Ribbon Committee and other interested groups, such as the Contractors Association and environmental groups could help ensure that these allocations are addressed in a comprehensive and equitable manner. Criteria • The Planning Commission will review affordable housing needs in the County on an annual basis and distribute ROGO allocations between the affordable and market categories accordingly; • The needs assessment will be based on a report and recommendations from the Planning Department and findings from stakeholder groups. The report will provide an accounting of all applications in the current ROGO year awaiting ROGO allocations in the market and affordable categories, as well as an update on the number of approved ROGO allocations awaiting cesspit credits; • At least 20% of all ROGO units will be provided for affordable housing; and • The allocation of ROGO units cannot vary by more than 3010 of the total allocations for the previous ROGO year. Process • The Planning Department and other interested parties, such as the Affordable Housing `Blue Ribbon Committee' will make present their findings and recommendations to the Planning Commission, at the close of the application period for the forth quarter of a given ROGO year; • At this time the utilization of that years affordable housing and market ROGO allocations and cesspit replacements will be examined and projections of the need for affordable housing allocations for the new ROGO year will be discussed; and • Upon this review the Planning Commission will recommend to the BOCC the appropriate allocation of ROGO units between the affordable and market categories. Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 25 of 30 Discussion and Consistency with the 2010 Plan This section describes how the proposal meets the goals, objectives and policies of the 2010 Plan. The section has the following sub -categories: general, transient and residential units. Adding flexibility to residential ROGO allocations will enable the County to address many of its 2010 Plan goals and policies. Goal 101 directs the County to manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. The County needs to provide safe and affordable housing to enhance the quality of life for County residents. All of the initiatives proposed by the Planning Department and the Monroe County Affordable Housing Joint Task Force could lead to a run on affordable housing ROGO allocations. By adding flexibility to the 2010 Plan and County Code, the County is in a better position to respond to the changing housing needs and enhance the overall quality of life and safety requirements of residents. Goal 601 directs the County to adopt programs and policies to facilitate access by all current and future residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. This added flexibility in ROGO allocations could help the County meet this goal by providing a mechanism to adjust allocations between affordable and market housing based on demonstrated needs. Flexibility is essentialfor in an equitable and fair m, system, be that a 20% affc not properly serve the nee and predicted changes, a i er. If the LDRs' sponsive approach to thes, and cesspit credits are distributed with a rigid ROGO allocation' sidents. Due to the wide range of current allocations is required. CONSISTENCY WITH PRINCIPLES GUIDING DEVELOPMENT (SECTION 380.0552, F.S.) The Principles for Guiding Development are listed below, along with a brief explanation of how the proposed changes are consistent. 1. To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. Encouraging better construction (through encouraging higher wind -load standards and directing development away from the CHHA) and encouraging energy conservation techniques that can lead to independence from utilities, the County is making steps toward becoming more self-sufficient. In addition, by encouraging increased land dedications, more Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 26 of 30 sensitive habitat will be under governmental stewardship and thus out of danger from development impacts. The Keys' overall development potential is reduced and sensitive resources are protected. Preventing the location of affordable housing in environmentally sensitive areas will help to conserve valuable habitat areas, excluding those in the Residential High (RH) future land use category. These amendments will help to reduce the need for the area of critical state concern designation by allowing Monroe County to better manage land use issues. These initiatives support developing affordable housing within the context of environmental sustainability in that they encourage development of such housing in developed areas on scarified lots and discourage development in environmentally sensitive areas. Since the new modest housing and THE points will make the market ROGO category more competitive this will likely lead to increased land dedications, from those applicants who can afford such expenses. Providing the opportunity to adjust ROGO allocations between the affordable and market ROGO categories will enable the County to better serve the changing housing needs of its residents. These initiatives will not increase the Keys' overall development potential. Rather they make the most of the ROGO allocations available to the County and encourage a recycling of existing units. These amendments will help to reduce the need for the area of critical state concern designation by allowing Monroe County to better manage land use issues. 2. To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. Encouraging the removal of units from over -density sites and transferring these units to areas that are not environmentally sensitive this will help to protect all the Keys' resources. These amendments encourage a continued reduction in development potential in sensitive acquisition areas since development activities can lead to degradation of these resources. 3. To ensure the maximum well being of the Florida Keys and its citizens through sound economic development. Although these amendments do not pertain to the nonresidential permit allocation system, they have an effect on the economic well-being of Keys property owners in several ways by encouraging sustainable development. First, by increasing the wind -loading standards under which points are gained for structural integrity, the County is encouraging people to protect their investments from storm vulnerability by building sensibly. Second, by expanding and refining energy conservation incentives, the County is encouraging applicants to make investments that can save them money in the long run. Third, increasing the point value and opportunities for land dedications will help to provide a better return for property owners of down -zoned land. From a governmental perspective (whether state, federal or local), this change also decreases the public funds which would have to be spent on acquisition in the future, and therefore is a benefit to the entire community. Fourth, by providing more incentives and opportunities for building affordable Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 27 of 30 sensitive habitat will be under governmental stewardship and thus out of danger from development impacts. The Keys' overall development potential is reduced and sensitive resources are protected. Preventing the location of affordable housing in environmentally sensitive areas will help to conserve valuable habitat areas, excluding those in the Residential High (RH) future land use category. These amendments will help to reduce the need for the area of critical state concern designation by allowing Monroe County to better manage land use issues. These initiatives support developing affordable housing within the context of environmental sustainability in that they encourage development of such housing in developed areas on scarified lots and discourage development. in environmentally sensitive areas. Since the new modest housing and THE points will make the market ROGO category more competitive this will likely lead to increased land dedications, from those applicants who can afford such expenses. Providing the opportunity to adjust ROGO allocations between the affordable and market ROGO categories will enable the County to better serve the changing housing needs of its residents. These initiatives will not increase the Keys' overall development potential. Rather they make the most of the ROGO allocations available to the County and encourage a recycling of existing units. These amendments will help to reduce the need for the area of critical state concern designation by allowing Monroe County to better manage land use issues. 2. To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. Encouraging the removal of units from over -density sites and transferring these units to areas that are not environmentally sensitive this will help to protect all the Keys' resources. These amendments encourage a continued reduction in development potential in sensitive acquisition areas since development activities can lead to degradation of these resources. 3. To ensure the maximum well being of the Florida Keys and its citizens through sound economic development. Although these amendments do not pertain to the nonresidential permit allocation system, they have an effect on the economic well-being of Keys property owners in several ways by encouraging sustainable development. First, by increasing the wind -loading standards under which points are gained for structural integrity, the County is encouraging people to protect their investments from storm vulnerability by building sensibly. Second, by expanding and refining energy conservation incentives, the County is encouraging applicants to make investments that can save them money in the long run. Third, increasing the point value and opportunities for land dedications will help to provide a better return for property owners of down -zoned land. From a governmental perspective (whether state, federal or local), this change also decreases the public funds which would have to be spent on acquisition in the future, and therefore is a benefit to the entire community. Fourth, by providing more incentives and opportunities for building affordable Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 27 of 30 and moderately priced housing and adding flexibility to affordable housing allocations will encourage the development of a diversity of housing to meet resident's needs. 4. To limit the adverse impacts of development on the quality of water throughout the Florida Keys. By encouraging increased land dedications of critical acquisition areas in a wide variety of habitats, including wetlands, the proposed amendments will help to limit water quality impacts associated with development activities. Furthermore, the TREs will act as an incentive for removing existing units, many of which have cesspits, and replacing these units with new units will have proper wastewater treatment facilities. 5. To enhance natural scenic resources, promote the aesthetic benefits of the natural environment and ensure that development is compatible with the unique historic character of the Florida Keys. Again, encouraging increased land dedications will promote the preservation of sensitive acquisition areas, which have intrinsic aesthetic benefits. The TREs will also promote these goals since they will be used to remove units from sites that are over -density and these units will be replaced by new units that are built in an environmentally sensitive manner in areas that can accommodate such development excluding those in the RH future land use category. The prohibition on locating affordable housing in sensitive environmental areas except for those will also close a previously existing loophole and prevent development in inappropriate places. 6. To protect the historical heritage of the Florida Keys. This principle is not applicable. 7. To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: a. The Florida Keys Aqueduct and water supply facilities; Since only areas that are zoned to accommodate residential high development will be eligible for residential THE units, this will encourage the clustering of development. At the same time TREs provide an incentive for over -density sites to remove their excess density units. The removal of these units will therefore, remove some of the burden on servicing over -density sites and transfer these units to more appropriate sites. Developments that are clustered are more efficient to service than dispersed developments. b. Sewage collection and disposal facilities; Same as above (7a). c. Solid waste collection and disposal facilities; Same as above (7a). Proposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 28 of 30 d. Key West Naval Air Station and other military facilities; Same as above (7a). e. Transportation facilities; Same as above (7a). f. Federal parks, wildlife refuges, and marine sanctuaries; The encouragement of land dedications in designated acquisition areas will enhance these areas through increased acquisition. Also the removal of existing units with cesspits will improve the overall environmental quality of the Keys. g. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; As mentioned above under item (f), the increased Land Dedication points, will serve to protect and enhance state and other publicly -owned properties. Also as mentioned under item (f), the removal of existing units with cesspits will improve the overall environmental quality of the Keys. h. City Electric Service and the Florida Keys Electric Co-op. The amendments proposed under the Energy Conservation evaluation criteria serve to encourage citizens to reduce their reliance upon the electric utilities by expanding the opportunities to gain points for doing so. As mentioned earlier, TREs will promote clustered development and the removal of over -density units, actions that lend themselves to more efficient and cost effective servicing. Therefore, the proposed revisions are consistent further this principle. i. Other utilities as appropriate. Once again, TREs will promote clustered development and the removal of over - density units, actions that lend themselves to more efficient and cost effective servicing. 8. To limit the adverse impacts of public investments on the environmental resources of the Florida Keys. Yet again, TREs will promote clustered development and the removal of over -density units, actions that lend themselves to more efficient and cost effective servicing. 9. To make available adequate affordable housing for all sectors of the population of the Florida Keys. The elimination of the rollover to market rate of the unused set -aside affordable allocations will further this principle by keeping the maximum number of allocations available for use in affordable housing developments. The TREs will lead to the removal of older, and in many cases unsafe housing and the creation of more housing for very low income residents. The modest housing and THE points will enable developers to provide a wider range of housing for County residents. Adjust ROGO allocations between the affordable and market ROGO rroposed 2010 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 29 of 30 categories will also allow the County to proactively address the largely unpredictable affordable housing market in the County. 10. To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post -disaster reconstruction plan. The increased standards under Structural Integrity will encourage development less vulnerable to wind storms. These affordable housing initiatives will promote the development of a wider range of housing options for Monroe County residents. The TREs and new modest housing and THE points provide additional incentives for developing quality affordable and moderately priced housing built to withstand major storms. At the same these initiatives will provide more options for residents that want to move out of unsafe housing conditions, such as old mobile homes, and into homes that are better able to withstand the impacts of hurricanes and other natural disasters. 11. To protect the public health, safety, and welfare of the citizens of the Florida Keys as a unique Florida resource. These revisions to the permit allocation system support this principle by encouraging environmental protection through acquisition while providing land owners some return for down -zoned property; facilitating the provision of affordable housing and preventing its location in sensitive areas; increasing the standards for wind -loading to decrease vulnerability to storm damage; and encouraging energy independence and conservation techniques. As mentioned earlier, the TREs and new modest housing and THE points provide additional incentives for developing quality affordable and moderately priced housing built to withstand major storms. At the same these initiatives will provide more options for residents that want to move out of unsafe housing conditions, such as old mobile homes, and into homes that are better able to withstand the impacts of hurricanes and other natural disasters. Furthermore, many of the older mobile homes located in over -density mobile home parks represent a significant fire risk and have other sanitary concerns, such as inadequate sewage treatment. Increasing affordable housing allocations will also provide more housing opportunities for these residents and provide alternative to these mobile homes will protect public health, safety and welfare. RECOMMENDATION Based on the above discussion and their consistency yr Development, the Planning Department recommends Policies 101.2.4,;101.54 and'601.1.11 of the 2010 Pla The Planning Department also recommends approval Section 9.5-120 through 9.5-124, and Section 9.5-266' Unit Permit Allocation''Svstem tROC101 the Principles for Guiding 2'Y"' �""` va uav YLVrVJVu G4L11V11LLL11G11W LV n. roposed amendments Section 9.5-4, Proposed ZU 10 Plan and LDR Amendments: THE Program and Opportunities for Affordable and Modest Home Page 30 of 30 ATTACHMENT I: THE PORTION OF ORDINANCE 034-1999a Ordinance No. AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE RESIDENTIAL ROGO AND REPEALING ORDINANCE NO. 006-1997. THESE AMENDMENTS TO PORTIONS OF SECTIONS 9.5-4, 9.5-120 THROUGH 9.5-124 AND 9.5-266 ADDRESS AFFORDABLE HOUSING IN ENVIRONMENTALLY SENSITIVE LANDS, POOLING UNUSED AFFORDABLE HOUSING ROGO ALLOCATIONS, REVISE POINTS FOR ENERGY CONSERVATION AND STRUCTURAL INTEGRITY, PROVIDE NEW DEFINITIONS, CREATE TRANSFERS OF ROGO EXEMPTIONS FOR OFF - SITE REDEVELOPMENT, MODIFY THE QUALIFYING CRITERIA FOR AFFORDABLE HOUSING ROGO ALLOCATIONS AND REVISE THE TOTAL NUMBER OF ALLOCATIONS AVAILABLE IN UNICORPORATED MONROE COUNTY TO REFLECT THE INCORPORATION OF ISLAMORADA. WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, prior to the enactment of the 2010 Plan, a residential permit allocation system had been enacted as the Residential Rate of Growth Ordinance (residential ROGO) under Ordinance 16-1992; and WHEREAS, Monroe County then adopted Ordinance 006-1997 that modified residential ROGO in order to implement requirements of Policy 101.3.1 of the 2010 Plan; and WHEREAS, in order to eliminate confusion, the residential permit allocation system will continue to be referred to as residential ROGO; and WHEREAS, the tri-party agreement between the Florida Department of Community Affairs, Islamorada, Village of Islands and Monroe County provides Islamorada with a number of residential ROGO awards/allocations to come from Monroe County's pool; and WHEREAS, amendments made to residential ROGO in the 2010 Plan, by way of Ordinances 10-1999 and 11-1999 and research into other areas of the 2010 Plan has illuminated areas for implementation within residential ROGO; and BOCC Affordable Housing ORDINANCE #-99 Page 1 of 40 WHEREAS, Ordinances 10-1999 and I1-1999, which were adopted in January 14. 1999, and February 10, 1999 respectively, amend housing and residential ROGO issues in the 2010 Plan in the following manner: 1. Prohibiting affordable housing in environmentally sensitive lands except for those in the Residential High Future Land Use Category; 2. Pooling unused affordable housing residential ROGO allocations; 3. Providing points for land dedication, energy conservation and structural integrity: and WHEREAS, to implement the above -referenced changes to the 2010 Plan, corresponding changes to the County Code are required and are contained in this ordinance; and WHEREAS, in addition, Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, based on the assessment of five years of residential ROGO, most of the affordable housing allocations have been for residents with moderate incomes (those earning 120% of the median income for the County), while few homes were built meet the needs of residents with median, low and very low income residents; and WHEREAS, changing the affordable housing definition in the County Code to include only those residents in the median, low and very low income categories provides more assurance that these residents have more opportunities to live in the homes created with affordable housing ROGO allocations; and WHEREAS, Policies 101.14.2 and 217.3.2 prohibit the placement of mobile homes within the Coastal High Hazard Area (CHHA) except on an approved lot within an existing mobile home park or subdivision zoned for such use; and WHEREAS, if mobile homes are removed from the CHHA residents in the median, low and very income categories could be adversely affected unless measures are put in place to provide housing options that these residents can afford; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, amendments to residential ROGO detailed in this ordinance help create a more diverse housing stock in terms of cost and type, that meets the needs of middle and lower income residents; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate substandard housing and enhance existing housing; and BOCC Affordable Housing ORDINANCE 4-99 Page 2 of 40 Initials WHEREAS, taken collectively, the goals, objectives and policies of the 2010 Plan favors redevelopment over new development; and WHEREAS, hotel rooms, mobile homes, campsites and RV sites and residential units are all currently subject to residential ROGO; and WHEREAS, amending residential ROGO so that subject to certain restrictions, eligible units can be transferred off -site without going through ROGO provides a mechanism to eliminate substandard housing, enhance existing housing and to redevelop residential and hotel uses throughout the Keys; and WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an affordable housing strategy; and WHEREAS, amendments to residential ROGO detailed in this ordinance, which are summarized below, represent portions of an integrated and holistic affordable housing strategy: 1. Implement amendments to residential ROGO in the 2010 Plan made by Ordinances 10-1999 and I1-1999; 2. Provide opportunities to create affordable housing and upgrade substandard housing by exempting off -site redevelopment of existing dwelling units; 3. Provide opportunities to redevelop old hotel and RV sites and develop new ones by exempting off -site redevelopment of existing hotels, hotel rooms and RV s; and WHEREAS, during regular meetings held on May 19, 1999 and June 2, 1999 and a special meeting on July 1, 1999, the Planning Commission considered a proposed set of amendments to the 2010 Plan and the Monroe County Code; and WHEREAS, Ordinance 006-1997, which became effective on May 22, 1998 and revised Secs. 9.5-121 through 9.5-129 of the Monroe County Code, was never codified should be repealed in its entirety and replaced with a new ordinance; and WHEREAS, for further ease in understanding and administration, Secs. 9.5-120 through 9.5-124 of the codified version of the Monroe County Code, are repealed and replaced with new sections; and WHEREAS, portions of Secs. 9.5-4 and 9.5-266 of the codified version of the Monroe County Code are also amended by this ordinance; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: BOCC Affordable Housing ORDINANCE #-99 Page 3 of 40 Initials Section 1. Monroe County Ordinance 006-1997, which became effective on Mav 22. 1998. and revised Secs. 9.5-121 through 9.5-129 of the Monroe Countv Code. is hereby repealed in its entirety. Section 2. Sec. 9.5-4 of the Monroe County Code shall be amended and read as follows (the strike -through and underline format is used to indicate additions and deletions to this section, also portions of the text are HIGHLIGHTED to bring the reader's attention to KEY LANGUAGE): Sec.9.5-4. Definitions. (A-5) Affordable housing refers to moans, housing in <„ hi..i, residential dwelling units that meet the following requirements: • Contain less than or equal to one thousand three hundred (1,300) square feet of habitable space; and • Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of Monroe County; and • Restricted for a twenty (20) year period to use by households that meet the requirements of at least one of the following income categories: Very -low, low or median. The requirements for these income categories are provided below. (a) Very - low-income With wsp@„t to A very -low-income owner occupied hons44g residential dwelling unit shall only to be occupied by a very - low-income household, whose income does that mwuh]•L pace. -ale not exceed th;� fam fifty (50) percent of the median adjusted gross annual income for households within Monroe County. divided by-12 f r. a pe:ied e1294 yc c Th a jI „r,;t m„ct 21NQ ,v,nut 211 oppli lain on mnr,tc of t},n T T itnrl State SePa;4Me1;4 99 14eusing-2nd I_1;h2r, otn t ini u�x►—g;eger43'6t ;;lords as 4e rnn QiZQr,, �- ianL sgapii;g ai;d b ildk4g rvmawriaW , hon t of t 'tl. appligable laws of 44-0-ur-08 County A very -low-income rental residential dwelling- unit shall onl be occupied by a household, whose monthly rent does not exceed thirty (30) percent of that amount which represents fifty (50) percent of the median adjusted gross annual income for households within Monroe County, divided by 12. BOCC Affordable Housing ORDINANCE #-99 Page 4 of 40 Initials (b) Low-income Wit-;@spa".-W A low-income owner occupied housing residential dwelling unit shall only to be occupied by a low- income household, whose income does that montWy mats g 4Q not exceed dg;ty (30) Pe;Gew „g that t 1a-iG wpmsents-eighty (80) percent of the median adjusted gross annual income for households within Monroe County; fry. a „g;igA gg(IQ) WL9;14<, <ro A low-income rental residential dwelling unit shall oniv be occupied by a household, whose monthly rent, does not exceed thirty (30) percent of that amount which represents eighty (80) percent of the median adjusted gross annual income for households within Monroe County, divided by 12. (c) Median -income (a) A median -income owner occupied residential dwelling unit shall only be occupied by a median -income household, whose income does not exceed one hundred (100) percent of the median adjusted gross annual income for households within Monroe County, A median -income rental residential dwelling unit, shall only be occupied by a household, whose monthly rent, does not exceed thirty (30) percent of that amount which represents one hundred (100) percent of the median adjusted gross annual income for households within Monroe County, divided by 12. BOCC Affordable Housing ORDINANCE #-99 Page 5 of 40 Initials (E-1) Employee housing means a non -temporary attached or detached residential dwelling unit which ;& limited a wraricti­e leaant P-miRkag—in of 44e;;;eeCDe:mu. is used by employees who derive at least seventy (70) percent of their income from gainful employment in Monroe County and meet the requirements for affordable housing as per Secs. 9.5-4 (A-5) and 9.5-266.and adauswd -^+ a �:sr'r+>•perr�>►s:�:sss�i7:T�.T.lRl�:T.Sf - =0 a — (T-3) Transfer of ROGO exemption (TRE) refers to the process by which certain types of transient and residential units and spaces counted under ROGO, may be removed and replaced off -site. 4-34 (T-4) Transient residential unit means a dwelling unit used for transient housing such as a hotel or motel room, or space for parking a recreational vehicle or travel trailer. 4-44 (T-5) Transitional habitat means the saltmarsh and buttonwood association. 4-54 (T-6) Trip means a single or uni-directional movement with either the origin or destination existing or entering inside the study site. 4.64 (T-7) Trip generation means the attraction or production of trips caused by a given type of land development. Section 3. Monroe County shall adopt the following Residential Rate of Growth Ordinance by repealing Secs. 9.5-120 through 9.5-124, as codified and creating BOTH a new division (Division 1.5) and new sections (Secs. 9.5-120 through 9.5-124). The new division and subdivision are to read as follows - (The strike -through and underline format is NOT used to indicate additions and deletions to this section. The amended section should be read as presented. Portions of the text are HIGHLIGHTED andlor bolded to bring the reader's attention to KEY LANGUAGE): BOCC Affordable Housing ORDINANCE #-99 Page 6 of 40 Initials DIVISION 1.5 RATE OF GROWTH ORDINANCE Sec. 9.5-120. Residential Rate of Growth Ordinance (ROGO). (a) Purpose and Intent: (1) The purposes and intent of residential ROGO are: a. To facilitate implementation of goals, objectives and policies set forth in the comprehensive plan relating to protection of residents, visitors and property in the county from natural disasters, specifically including hurricanes; b. To limit the annual amount and rate of residential development commensurate with the county's ability to maintain a reasonable and safe hurricane evacuation clearance time; c. To regulate the rate and location of growth in order to further deter deterioration of public facility service levels, environmental degradation and potential land use conflicts; and d. To allocate the limited number of dwelling units available annually hereunder, based upon the goals, objectives and policies set forth in the comprehensive plan. (b) Definitions: The words or phrases used in this division shall have the meanings prescribed in this chapter, except as otherwise indicated as follows: ROGO application means the residential ROGO application submitted by applicants seeking allocation awards. Allocation period means a defined period of time within which applications for the residential ROGO allocation will be accepted and processed. Annual allocation period means the 12 month period beginning on July 13, 1992 (the effective date of the original Dwelling Unit Allocation Ordinance), and subsequent one-year periods. BOCC Affordable Housing ORDINANCE #-99 Page 7 of 40 Initials Annual residential ROGO allocation means the maximum number of dwelling units for which building permits may be issued during an annual allocation period. Controlling date means the date and time a ROGO application is submitted. This date shall be used to determine the annual anniversary date for receipt of a perseverance point(s) and shall determine precedence when ROGO applications receive identical ranking scores. A new controlling date shall be established based upon the re -submittal date and time of any withdrawn or revised application. Known habitat of threatenedlendangered animal species is one that has documented evidence of sightings, collection, trapping, or direct evidence of the presence of the animal(s) in a specific habitat area. The county's Threatened and Endangered Species Maps shall constitute prima facie evidence of the species unless determined otherwise by the director of environmental resources. Probable habitat of threatened/endangered animal species is one where there is a lack of direct evidence documenting the presence of an animal, but where the habitat area is suitably close to an existing population to make colonization possible, and is of a size and ecological character sufficient to support the animal(s). The county's Threatened and Endangered Species Maps shall constitute prima facie evidence that an area is probable habitat unless determined otherwise by the director of environmental resources. Potential habitat of threatenedlendangered animal species is one where there is a lack of direct evidence documenting the presence of an animal and where the habitat area is not suitably close to an existing population to make colonization possible, but the habitat area is of a size and ecological character sufficient to support the animal(s). The county's Threatened and Endangered Species Maps shall constitute prima facie evidence that an area is potential habitat unless determined otherwise by the director of environmental resources. Quarterly allocation period means the 3-month period beginning on July 13, 1992 or such other date as the board may specify, and successive 3-month periods. Quarterly residential ROGO allocation means the maximum number of dwelling units for which building permits may be issued in a quarterly allocation period. BOCC Affordable Housing ORDINANCE #-99 Page 8 of 40 Initials Residential dwelling unit means a dwelling unit as defined in Sec. 9.5-4 of the Monroe County Code, and expressly includes the following other terms also specifically defined in Sec. 9.5-4: hotel rooms, campground spaces, mobile homes, transient residential units, institutional residential units (except hospital rooms) and live-aboards. Residential ROGO allocation means the maximum number of dwelling units for which building permits may be issued in a given time period. Residential ROGO allocation award means the approval of a residential ROGO application for the issuance of a building permit. Wide-ranging threatened or endangered animal species is one whose individuals typically move over a large area, usually seasonally. They occur in any of the listed habitats within their mapped ranges. The County's Threatened and Endangered Species Maps shall constitute prima facie evidence of wide ranging threatened or endangered species unless determined otherwise by the director of environmental resources. Sec. 9.5-120.1. General provisions. (a) Residential ROGO Allocation Award Required: No building permit shall be issued unless the dwelling unit has received a residential dwelling unit allocation award, or is determined to be exempt as provided below. (b) Effective Date: Any ROGO application which has not received an allocation award as of the effective date of this ordinance shall be processed and evaluated pursuant to the provisions of this ordinance. (c) Yearly Review and Monitoring: As required by the comprehensive plan, as requested by the planning commission or the board, or as otherwise necessary, the planning director shall consider the rate, amount, location, and ratio of market rate to affordable housing residential dwelling units available for development in the county. The planning director shall also monitor the effects of such development and determine the conformity of such development with the comprehensive plan and this chapter. This review, in whole or in part, may form the basis for recommendations by the planning director or the planning BOCC Affordable Housing ORDINANCE #-99 Page 9 of 40 Initials commission to the board for action to repeal, amend or modify the ROGO allocation system. Sec. 9.5-120.2. Affected area. The ROGO allocation system shall apply within the unincorporated area of Monroe County Florida, which, for purposes hereof, has been divided into subareas as follows: (a) Upper Keys: The unincorporated area of Monroe County north of Fiesta Key (approximately mile marker 71). (b) Middle Keys: The unincorporated area of Monroe County south of Fiesta Key to the Seven Mile Bridge (approximately mile markers 71 to 40). (c) Lower Keys: The unincorporated area of Monroe County south of the Seven Mile Bridge, (approximately mile markers 40 to 4). Sec. 9.5-120.3. Type of development affected. The residential ROGO shall apply to the development of the following: (a) All residential dwelling units for which a building permit is required by this chapter and for which building permits have not been issued prior to the effective date of the ROGO allocation system, except as otherwise provided herein; and (b) Public and institutional uses which house transient visitors or temporary residents unless: (1) The facility is constructed to withstand category 5 hurricane storm conditions; or (2) A factual demonstration is made that such occupancy does not negatively impact the County's hurricane evacuation clearance time. Sec. 9.5-120.4. Type of development NOT affected. BOCC Affordable Housing ORDINANCE #-99 Page 10 of 40 Initials The residential ROGO shall not apply to the development described below: (a) Redevelopment On -site: Redevelopment, rehabilitation or replacement of any lawfully established residential dwelling unit or space which does not increase the number of residential dwelling units above that which existed on the site prior to the redevelopment, rehabilitation or replacement. (b) Transfer Off -site: Transfer off -site shall consist of either the demolition or a change of use from residential to non-residential of a unit or space from a sender site and the development of a new unit on a receiver site as indicated below. a. Eligibility of sender unit or space: A hotel room, mobile home, recreational vehicle space, or dwelling unit that is: i) in existence as of January 4, 1996; and ii) accounted for in the hurricane evacuation model which forms the basis of ROGO; and iii) lawfully established or subject to a valid unexpired State THE agreement, may be rebuilt in another part of the unincorporated county subject to the criteria for redevelopment off -site. (1) Criteria for redevelopment off -site: In order to redevelop off - site, a receiver site must be evaluated for both its structural and site conditions. a. Transfer to a hotel: A hotel or hotel room may be developed if the: (i) sender unit or space is eligible and provided that it was used as a hotel room or recreational vehicle space in accordance with Sec. 9.5-4; and (ii) transfer is made to a receiver site located in the same ROGO subarea as the sender site; and (iii)receiver site receives no negative points when evaluated pursuant to Sec. 9.5-122.3 (a)(7) or (8) or (9). b. Transfer to affordable housing: An affordable housing unit may be developed if the: (i) sender unit is eligible; and BOCC Affordable Housing ORDINANCE #-99 Page 11 of 40 Initials (ii) receiver unit: 1) is an attached dwelling unit; and 2) meets the criteria for affordable housing pursuant to Secs. 9.54(A-5) and 9.5-266; and (iii) transfer is made to a receiver site that is located in the same ROGO subarea as the sender site; and (iv)receiver site receives no negative points when evaluated pursuant to Sec. 9.5-122.3 (a) (7) or (8) or (9)• (2) Procedures for transfer off -site: A pre -application conference and at a minimum, a minor conditional use permit shall be required for both the sender site and the receiver site. A sender unit or space shall be assigned a unique identifier number that shall be used for tracking and monitoring by the Planning Department. The unique identifier number shall be itemized in the conditional use permits required for both the sender and receiver sites. No building permit shall be issued for the new unit on the receiver site until one of the following conditions are met: a. the unit is demolished as per an issued demolition permit and a final inspection for the demolished unit or space has been completed by the building department for the sender site; or b. the unit is removed pursuant to a development approval, development order, or a development permit is issued and a final inspection for the removed unit is completed by the building department for the sender site. (c) Nonresidential Use: Non-residential uses are not affected by residential ROGO. (d) Development not impacting hurricane evacuation times: Any applicant that can demonstrate with a traffic study acceptable to Monroe County traffic engineers that their proposed development will not impact hurricane evacuation times. All previously authorized residential dwelling units to be located in the area designated as Zone 7 (North Key Largo area) that the 1989 Transportation Analysis found to comply with the above criteria and are exempt. BOCC Affordable Housing ORDINANCE 9-99 Page 12 of 40 Initials ORDINANCE # -2000 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING AMENDMENTS TO THE RATE OF GROWTH ORDINANCE (ROGO) OF THE MONROE COUNTY CODE, INCLUDING SECTIONS 9.5 -4, 9.5-122 and 9.5-122.3 BY PROVIDING ADDITIONAL DEFINITIONS, ADDING FLEXIBILITY AND ADDING POSITIVE POINT OPPORTUNITIES FOR MODEST HOUSING. WHEREAS, Policy 101.2.13 of the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, pursuant to Policy 101.3.1, the permit allocation system is to be comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, the 2010 Plan recognizes affordable housing as an important issue facing Monroe County and its residents; and WHEREAS, Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, changing the affordable housing definition in the County Code to include only those residents in the low and very low income categories could ensure that these residents have more opportunities to live in the homes created with affordable housing ROGO allocations; and WHEREAS, currently the extra points necessary to successfully compete in the market rate category of residential ROGO involve substantial financial investments; and WHEREAS, middle income residents and those who would no longer qualify for affordable housing ROGO allocations (those earning more than 100% of the median income for the County) could compete successfully for market rate ROGO allocations if new ROGO points were created that provided a competitive advantage to modest homes; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, the amendments to residential ROGO detailed in the ordinance should help create a diverse housing stock, including multi -family units and commercial apartments, that meets the needs of middle and lower income residents; and Affordable Housing County Code Ordinance Page 1 of 11 WHEREAS, Policy 601.1.11 of the 2010 Plan requires the County to develop an affordable housing strategy; and WHEREAS, amendments to residential ROGO detailed in this ordinance are developed in manner consistent with the 2010 Plan; and WHEREAS, the Board of County Commissioners, during a regular meeting held on August 11, 1999, conducted a review of an amendment to the 2010 Plan filed by the Planning Department to add flexibility to residential ROGO, provide positive point opportunities for modest housing and create opportunities for new development by transferring existing residential and transient units and spaces; and WHEREAS, the Board of County Commissioners adopted the amendment to the 2010 Plan at this meeting; and WHEREAS, the Board of County Commissioners were also presented with draft Monroe County Code (LDRs) language that would implement these 2010 Plan changes at this meeting; and WHEREAS, on February 17, 2000, the Board of County Commissioners, after due notice and public participation in the public hearing process, conducted a public "adoption hearing" to consider adopting the proposed amendment. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Secs. 9.5-4 shall be amended and read as follows (the strikethrough and underline format is used to indicate additions and deletions to this section): Sec.9.5-4. Definitions. (M-17) Modest housing means residential units that have a combination of design and site characteristics that make them more reasonably priced than residential units lacking such characteristics. (M-18) Modular home means a structure intended for residential use that is manufactured off -site in accordance with state standards. (M 1 (M-19) Monroe County Comprehensive Plan means the Monroe County Comprehensive Plan adopted and amended pursuant to Florida Statutes section 163.3161 et seq. Affordable Housing County Code Ordinance Page 2 of I 1 (N-11) Non -waterfront lot means a parcel of land that does not contain a shoreline. (N 11 -12 Nursery means a use in which plants are grown for sale or for the harvest of their products. Section 2. Sec. 9.5-122 shall be amended to read as follows (the strike -through and underline format is used to indicate additions and deletions to this section): Sec. 9.5-122. Residential ROGO allocations (b) Ratio ofAffordable Housing ROGO Allocations to Market Rate ROGO Allocations: Prior to October of each year the county shall set the yearly residential ROGO allocation ratio, by subarea, for each ROGO year as follows: (1) Board of County Commissioners action required: The planning commission may recommend that the board of county commissioners adopt a resolution changing the ratio of affordable housing to market rate ROGO allocations based upon the recommendations of the planning commission and the planning director arising from the annual review of ROGO. The yearly ROGO review may include the following recommendations: a. Amend the market rate to affordable housing ROGO allocation ratio for each subarea provided that in no event shall the percentage be less than 20% for affordable housing and where the yearly percentage increase or decrease shall not exceed 30% of the previous year's ROGO allocations to market rate and affordable housing; and b. Provide a portion of the affordable housing ROGO allocations to the Monroe County Housing Authority for distribution in accordance with an intergovernmental agreement between the Monroe County Housing Authority, the Land Authority and Monroe County. (b) DAffordable housing allocation awards and eligibility: (1) The definition of affordable housing shall be as specified in Secs. 9.54(A- 5) and 9.5-266. Affordable Housing County Code Ordinance Page 3 of 11 (2) Any portion of the twenty (20) percent allocation not used for affordable housing at the end of a ROGO year shall be made available for affordable housing for the next ROGO year. (3) No affordable housing allocation shall be awarded to an application to be located within a parcel that receives negative points according to criteria specified under Habitat Protection, or Threatened or Endangered Species, or Critical Habitat Area in Sec. 9.5-122.3 (a)(7) or (8) or (9) unless said parcel is located within the IS-D or UR or URM or URM-L or land use districts. (Q)@)Residential Dwelling Unit Allocation Required: From and after the effective date of the dwelling unit allocation system, the county shall issue no building permit for a residential dwelling unit unless such dwelling unit has received the following: a. a residential dwelling unit allocation award; or b. is exempt from the dwelling unit allocation system; or is determined to be vested pursuant to Sec. 9.5-120.3; or c. is the subject of a completed building permit application received by the county on or before June 9, 1992. (44(� Exempt and vested development: (1) Any building permit for residential dwelling units issued, by the county during an allocation period to vested development shall be subtracted from the annual residential dwelling unit allocation for that allocation period. (2) After subtracting building permits issued for vested residential dwelling units by subarea and by quarterly allocation period, the director of planning shall re -determine the quarterly residential dwelling unit allocation in accordance with the following principles and guidelines: a. If the number of vested residential dwelling units is less than fifty (50) percent of the quarterly allocation for the affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period. b. If the number of vested residential dwelling units is fifty (50) percent or more of the quarterly allocation for the Affordable Housing County Code Ordinance Page 4 of I 1 ffected subarea, only fifty (50) percent of such vested residential development shall be subtracted from the quarterly allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period • in that event, the `excess' residential dwelling units shall be determined and subtracted pro. rata from future allocation periods so that an average annual build -out of two hundred twenty seven (227) dwelling units is not exceeded (i) Yearly Residential ROGO Allocation Ratio: Each subarea shall have its number of market rate and affordable housing residential ROGO allocations available per ROGO year determined by the following formula: 1) Market Rate Residential ROGO Allocations available in each subarea is equal to the Yearly number of available Residential ROGO Allocations in each subarea, multiplied by the percentage of the Market Rate Residential ROGO Allocations. 2) Affordable Housing Residential ROGO Allocations available in each subarea is equal to the Yearly number of available Residential ROGO Allocations in each subarea, multiplied by the percentage of Affordable Housing Residential ROGO Allocations. (ii) Quarterly Residential ROGO Allocation Ratio: Each subarea shall have its number of market rate and affordable housing residential ROGO allocations available per ROGO quarter determined by the following formula: 1) Market Rate Residential ROGO Allocations available in each subarea per quarter is equal to the Market Rate Residential ROGO Allocations available in each subarea divided by four (4). 2) Affordable Housing Residential ROGO for all four ROGO quarters shall be made available at the beginning of the first quarter for a ROGO year. Affordable Housing County Code Ordinance Page 5 of 11 Kd Adjustment of Residential ROGO Allocations: At the end of each quarterly allocation period, the planning director shall recommend additions or subtractions to the basic allocation available by subarea, based upon any of the following, as appropriate: (1) The number of residential ROGO allocation awards which expired during the previous quarterly allocation period; (2) The number of residential ROGO allocation awards available which were not allocated during the quarterly allocation period in the current annual allocation period; (3) The number of residential ROGO allocation awards in previous quarters which were borrowed from future allocations to accommodate multiple unit projects or to accommodate allocation applications with identical scores, pursuant to 9.5-122.2(b)(2) or which were granted to applicants via either the appeals process, administrative relief or a beneficial use determination; (4) Residential ROGO allocations vested during the preceding quarter, as follows: a. If the number of residential ROGO allocations in question is less than fifty (50) percent of the quarterly allocation for the affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the remainder of the quarterly allocation shall be available for allocation in that quarterly period. b. If the number of residential ROGO allocations in question is fifty (50) percent or more of the quarterly allocation for the affected subarea, only fifty (50) percent of such vested residential development shall be subtracted from the quarterly allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period; in that event, the `excess' residential dwelling units shall be determined and subtracted pro rata from future allocation periods so that an average annual build -out of two hundred twenty seven (227) dwelling units is not exceeded. Affordable Housing County Code Ordinance Page 6 of 11 (5) Any other modifications required or provided for by the comprehensive plan. (6) Any portion of the residential ROGO allocations not used shall be retained and be made available for affordable housing from ROGO year to ROGO year. Section 3. Sec. 9.5-122.3 shall be amended to include new Sections 9.5- 122.3(a)(19) (the underline format is used to indicate additions to this section): Sec. 9.5-122.3. Evaluation criteria. (19) MODESTHOUSING: The following points shall be assigned in order to encourage the construction of moderately -priced residential dwelling units. Detached Residential Dwelling Unit Point Assignment: Criteria: +2 An application which qualifies for infill ROGO points and proposes to develop a detached residential dwelling unit that contains one thousand three hundred (1, 300) square feet, or less, of habitable space Additional Requirements: 1. An affordable unit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain one thousand three hundred (1,300) square feet, or less, of habitable space. 2. The parcel of land proposed for developing the detached residential dwelling unit shall not qualify_for negative points under Sec.9.5-122.3(a)(7) or (8) or (9), except for a parcel of land Attordable Housing County Code Ordinance Page 7 of I 1 located within a URM, URM-L, IS-D or UR land use district. I Expansion of the habitable space of the detached residential dwelling unit shall be limited by a condition on the permit for at least seven (7) years. Point Assignment: Criteria: +2 An application shall earn additional points for proposing a detached modular residential dwelling unit. Additional Requirements: 1. To be eligible for these points, the detached modular residential dwelling unit must meet the minimum windload requirements for Monroe County. 2. Both affordable and market units are eligible for these points. Point Assignment: Criteria: +1 An application shall earn an additional point for proposing a detached residential dwelling unit on a non -waterfront lot. Additional Requirements: I. Both affordable and market units are eligible for this point. Attordable Housing County Code Ordinance Page 8 of 11 Attached Residential Dwelling Units Point Assignment: Criteria: +3 An application which proposes to develop an attached residential dwelling unit that contains one thousand three hundred (1,300) square feet, or less, of habitable space. Additional Requirements: I. Both affordable and market units are eligible for these points. 2. The parcel of land proposed for developing an attached residential dwelling unit shall not qualifyfor negative points under Sec.9.5-122.3(a)(7) or (8) or (9), except for a parcel of land located within a URM, URM-L, IS-D or UR land use district. 3. Expansion of the habitable space of an attached residential dwelling unit shall be limited by a condition on the permit for at least seven (7) years. Point Assignment: Criteria: +2 An application shall earn additional points for proposing an attached modular attached residential dwelling unit. Additional Requirements: (1) To be eligible for these points an attached residential modular dwelling unit must meet the minimum windload requirements for Monroe County. (2) Both affordable and market units are eligible for these points. Affordable Housing County Code Ordinance Page 9 of 11 Point Assignment: Criteria: +1 An application shall earn an additional point for proposing an attached residential dwelling unit on a non -waterfront lot. Additional Requirements: (1) To be eligible for this point, the modular dwelling unit must meet the minimum windload requirements for Monroe County. (2) Both affordable and market units are eligible for this point. +2 An application shall earn additional points for utilizing transfers of ROGO exemptions (TREs) in the development of an attached residential dwelling unit on a one for one basis. All such transfers must occur in accordance with Sec. 9.5- 120.4.(b). Section 4. The existing County Code shall be amended with the language as stated above under Sections 1 through 3. Section 5. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 6. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 7. This ordinance is hereby transmitted to the state land planning agency for approval or disapproval pursuant to Section 380.0552, Florida Statutes. Affordable Housing County Code Ordinance Page 10 of 11 Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapters 163 and 380 of the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the day of , A.D., 2000. Mayor Shirley Freeman Mayor Pro Tern George Neugent Commissioner Wilhelmina Harvey Commissioner Mary Kay Reich Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MAYOR/CHAIRPERSON (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK '-LrjrxLP!W AS DEPUTY CLERK 1 AND LEG -Q1 B \_, v / —At torney's Office r Affordable Housing County Code Ordinance Page 11 of 11 - LETTERS OF SUPPORT OR OPPOSITION