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Resolution 038-2009 RESOLUTION NO. ~-2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING THE SUBMISSION OF THE AMENDED LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION Whereas, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Ru1e Chapter 67-37, Florida Administrative Code, required local governments to develop a one to three-year local Housing Assistance Plan outlining how funds will be used; and Whereas, the Monroe County Housing Authority has prepared a three-year Local Housing Assistance Plan which was approved by the Monroe County Board of County Commissioners; and Whereas, the Florida legislature fmds that affordable housing is most effectively provided by combining public and private resources, and the legislature intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups to produce affordable housing; and whereas the legislature intends that this partnership concept be extended among counties and municipalities; and Whereas, the Florida legislature intends that local governments achieve this combination of resources through the establishment of an affordable housing advisory committee to recommend monetary and non-monetary incentives for affordable housing (as provided in s.420.9076); and Whereas, Monroe County participates in the State Housing Initiatives Partnership Program (SHIP) and is a recipient of funding for its affordable housing programs and activities; and Whereas, recent ru1e changes in FAC 67-37.010, effective February 2008, mandate that all SHIP program participants comply with Florida Statute Section 420.9076(2) requiring the establishment of an affordable housing advisory committee; and Whereas, Ru1e 67-37.010 states that the Monroe County LHAP be amended to include "local affordable housing incentive strategy recommendations" approved by the membership of the advisory committee; and Whereas, the affordable housing committee reviewed established policies and procedures, ordinances, land development regulations, and the comprehensive plan for Monroe County and recommended specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. (FS 420.9076(4)); and Whereas, at the Board of County Commissioners meeting of December 16, 2008, the affordable housing advisory committee submitted a report to the local governing body that included recommendations on affordable housing incentives in the following areas: 1. The processing of approvals of development orders or permits as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects; 2. The modification of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; 3. The allowance of flexibility in densities for affordable housing; 4. The reservation of infrastructure capacity for housing for very low income, low income and moderate income persons; 5. The allowance of affordable accessory residential units in residential zoning districts; 6. The reduction of parking and setback requirements for affordable housing; 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing; 8. The modification of street requirements for affordable housing; 9. The establishment of a process by which a local govemment considers, before adoptions, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; 10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing; 11. The support of development near transportation hubs and major employment centers and mixed-use developments. Whereas, within 90 days after the date of receipt of the local housing incentive strategies recommendations from the advisory committee, the BOCC must adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction; and Whereas, the BOCC must consider all of the strategies specified above as recommended by the committee. However, the amendment at a minimum, must include: (1) Assurance that permits for affordable housing are expedited to a greater degree than other projects. ("Permits" are defined by statute to include development orders, building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local govemment having the effect of permitting the development of land); (2) An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption; and (3) A schedule for implementing the incentive strategies. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Adoption of Incentive Strategies The Incentive Strategies portion of the Local Housing Assistance Plan is amended as shown on Exhibit A. Section 2: Official Notification to FHFC. A copy of the amended LHAP shall be given to the Monroe County Housing Authority and forwarded to the Florida Housing Finance Corporation. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 28th day of January, 2009. Mayor George Neugent Mayor Pro Tern Sylvia J. Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario De Gennaro Yes Yes Yes Yes Yes ,....r.-;::-::::-_ "'-;:--, 0'" . "" " i:l,~'" . /:-:.~/~~ "t" --..,..: ,/ )1,."'- .... L-- "., /; / ~\~"\' '\. ff:C/ '-18 1t: .: ~~>'.,.~."",:~i'NNv 1. KOLHAGE, CLERK ~,.~ '",", ./. De;u~~~r~ BOARD OF COUNTY COMMISSIONERS OFMO~ECOUNTY~LORIDA ~ ~~~. OJ04A4.,e.(/ ~ BY: tr Mayor George Neugent :x .... .." 0 5 APPROVED AS TO FORM: ~n)> r- ::>::>,-z ..., IT! O,..,Z :;a 0 "":>::1-< ." n;:>;:: C) 0 On;:>; ::>::> C:-C) :Ia :;0 z?J,- -tn:x: :z IT! ::<:-{)> VI (") 0 ...... C) g :;0 ,- /'Tl 0 EXHIBIT A RESOLUTION -2009 III. LHAP INCENTIVE STRATEGIES F.S.Sec.420.9071(16) A. Name of Strategy: Expedited Permitting Permits as defined in Sec. 163.3167(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a,-Established policy and procedures: The Monroe County Comprehensive Plan and the Land Development Regulations established a set aside of 30% of all building permits issued for affordable housing. This includes the unused allotment of permits for affordable housing set aside units to be rolled over and accumulated each year without going through the ROGO (Rate of Growth Ordinance) process. Monroe County has assigned Planning Department staff to facilitate affordable housing applications. Affordable permits jump to the head of the line (first priority) in all stages of the planning review and permitting process. TIMELINE: The County shall enact an ordinance and codify this policv bv December 30.2009. B. Name of Strateszv: Modification of Imnact Fee Requirements Established policv and procedures: The County shall continue to waive impact fees for affordable housing. C. Name of Strateszv: Flexibilitv in Densities for Affordable Housine Established policv and procedures: a. Monroe Countv has increased density for affordable housing on land zoned SC (up to 18 units per acre versus 6), MU 9 (up to 18 units per acre versus 12) and DR (up to 25 units per acre versus 12). b. The County shall continue to allow the construction of affordable housing units on commercial sites without deducting from the commercial floor area allowed or residential density allowed. D. Name of Strateszv: Reservation oflnfrastructure Canacitv Established policv and procedure: There is no need at this time for reservation of infrastructure capacitv. as all infrastructure is available. This is a requirement in the C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\OLK13B\bocc Revisions to LHAP 20090128.doc I EXHIBIT A RESOLUTION -2009 Liveable Communikevs Plans. which serve as an overlav to the countv's Comprehensive Plan. E. Name of Strate2V: Allowance of Affordable Accessorv Units in Residential Areas Established policy and procedure: Due to the Rate of Growth Ordinance and current zoning, this strategy has not been implemented. However. Monroe County will explore this avenue. F. Name of Strate2V: Reduction of parkine: and setback requirements for affordable housine: Established policv and procedure: Currentlv. variances are available where the reauisite criteria can be met. Monroe Countv will examine these reauirements further. G. Name of Strate2V: Allowance of flexible lot confie:urations Established policv and procedure: Monroe County allows flexible lot configurations to the extent setback and buffers are met. Within a development. zero lot line configurations are allowed. Variances are available where the reauisite criteria can be met. Monroe County will explore the need for anv further action in this area. H. Name of Strate2V: Modification of Street Requirements Established policv and procedure: Monroe County allows internal street configurations that meet life-safetv criteria. Monroe Countv will explore the need for anv further action in this area. !:.-B. Name of Strategy: Cost of Housing Establishment of a process by which a local government considers before adoption, policies, procedures, ordinances, regulations, or plan provisions that have a significant impact on the cost of housing. II. Established policy and procedures: a. All County resolutions and ordinances contain a cost analysis section specific to affordable housing, the county has waived impact fees for affordable housing and building permit fees for the very low and low income homeowner participating in local , state or federally supported affordable housing programs. As an Area of Critical State Concern, the County's policies, procedures, ordinances and regulations are subject to the approval of the Florida Department of Community Affairs which is concerned and monitors the cost of affordable housing. TIMELINE: The County shall enact an ordinance and codify this policv by December 30.2009. C:\Documents and Settingsltezanos-mayra\Local SettingslTemporary Internet FileslOLK13Blbocc Revisions to LHAP 20090128.d',c EXHIBIT A RESOLUTION -2009 b. The county alreadv waives planning application fees for affordable housing. and waives building permit applications for. charitable organizatiollb and those affordable housing proiects receiving fmancial aid from or leasing prooerty frl'lll Monroe Countv and others as approved bv the Board of County Commissioners. J. Name of Stratel!V: Provide an Inventory of County Owned ProDertv Suitable for Affordable Housin!!: Established policv and procedures: Pursuant to Florida Section Sec. 125.379, the County has prepared and will continue to provide an inventory of possible sites suitable for affordable housing, K. Name of Stratel!V: SUDDort develoDment near transDortation hubs and maior emDlovment centers and mixed use develoDments Established policv and procedures: The County has a purchase and lease-back proe:ram for affordable housing. The properties leased for affordable housing development complv with this reauirement. The County will continue to explore other appropriate means to encourage this stratel!V. L. Name of Stratel!V: Inclusionary Housin!!: Established policv and procedure: Where development or re-development exceeds four units. Thirty Per Cent (30% ) of units must be deed restricted as affordable housing for ninety-nine vears. C:\Documents and Settingsltezanos-mayra\Local SettingslTemporary Intemet FileslOLK13Blbocc Revisions to LHAP 20090128.doc