Resolution 403-2015 14.4,9E c�G
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8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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10 RESOLUTION NO40a 2015
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12 A RESOLUTION BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA
14 APPROVING AN AMENDMENT TO THE LOCAL HOUSING
15 ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING
16 INITIATIVES PARTNERSHIP PROGRAM ACT,
17 SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND
18 RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
19 AUTHORIZING THE SUBMISSION OF THE AMENDED
20 LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA
21 HOUSING FINANCE CORPORATION
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23
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25 Whereas, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079,
26 Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, required local
27 governments to develop a one to three-year local Housing Assistance Plan outlining how funds
28 will be used; and
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30 Whereas, the Monroe County Housing Authority has prepared a three-year Local Housing
31 Assistance Plan which was approved by the Monroe County Board of County Commissioners on
32 April 17, 2013, memorialized by Resolution No. 128-2013; and
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34 Whereas, the Florida legislature finds that affordable housing is most effectively provided
35 by combining public and private resources, and the legislature intends that local governments
36 achieve this combination of resources by encouraging active partnerships between government,
37 lenders, builders and developers, real estate professionals, advocates for low-income persons and
38 community groups to produce affordable housing; and whereas the legislature intends that this
39 partnership concept be extended among counties and municipalities; and
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41 Whereas, the Florida legislature intends that local governments achieve this combination
42 of resources through the establishment of an affordable housing advisory committee to
43 recommend monetary and non-monetary incentives for affordable housing (as provided in F.S.
44 420.9076); and
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,
1 Whereas, Monroe County participates in the State Housing Initiatives Partnership
2 Program (SHIP) and is a recipient of funding for its affordable housing programs and activities;
3 and
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5 Whereas, Rule 67-37.010, effective February 2008, mandates that all SHIP program
6 participants comply with Florida Statute Section 420.9076(2) requiring the establishment of an
7 affordable housing advisory committee; and
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9 Whereas, Rule 67-37.010 states that the Monroe County LHAP be amended to include
10 "local affordable housing incentive strategy recommendations" approved by the membership of
11 the Affordable Housing Advisory Committee; and
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13 Whereas, the Affordable Housing Advisory Committee has reviewed established policies
14 and procedures, ordinances, land development regulations, and the comprehensive plan for
15 Monroe County and recommended specific actions or initiatives to encourage or facilitate
16 affordable housing while protecting the ability of the property to appreciate in value, as required
17 by F.S. 420.9076(4); and
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19 Whereas, the Affordable Housing Advisory Committee held a public hearing on
20 November 20, 2015 and passed Resolution 02-2015, which included recommendations to the
21 BOCC on the following affordable housing incentives:
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23 A. The processing of approvals of development orders or permits as defined in Section
24 163.3164, F.S., for affordable housing projects is expedited to a greater degree than
25 other projects;
26 B. The modification of impact fee requirements, including reduction or waiver of fees
27 and alternative methods of fee payment for affordable housing;
28 C. The allowance of flexibility in densities for affordable housing;
29 D. The reservation of infrastructure capacity for housing for very low income, low
30 income and moderate income persons;
31 E. The allowance of affordable accessory residential units in residential zoning
32 districts;
33 F. The reduction of parking and setback requirements for affordable housing;
34 G. The allowance of flexible lot configurations, including zero-lot-line configurations
35 for affordable housing;
36 H. The modification of street requirements for affordable housing;
37 I. The establishment of a process by which a local government considers, before
38 adoptions, policies, procedures, ordinances, regulations, or plan provisions that
39 increase the cost of housing;
40 J. The preparation of a printed inventory of locally owned public lands suitable for
41 affordable housing;
42 K. The support of development near transportation hubs and major employment centers
43 and mixed-use developments;
44 L. Inclusionary Housing;
45 M. Mobile Home Park Incentive Program;
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1 N. Employee Housing, Commercial Apartments, and Workforce Housing as Permitted
2 Uses; and
3 O. Purchase and Lease Back Program.
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6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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9 Section 1. Adoption of Incentive Strategies
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11 The Incentive Strategies portion of the Local Housing Assistance Plan is amended as shown in
12 Exhibit A.
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14 Section 2. Official Notification to FHFC.
15 A copy of the amended LHAP shall be given to the Monroe County Housing Authority and
16 forwarded to the Florida Housing Finance Corporation.
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18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
19 Florida at a regular meeting held on the 9th day of December , 2015 .
20
21 Mayor Heather Carruthers YPR
22 Mayor Pro Tern, George Neugent Absent
23 Commissioner Danny L. Kolhage Yes
24 Commissioner David Rice Yes
25 Commissioner Sylvia Murphy Yes
26
27 BOARD OF COUNTY COMMISSIONERS
28 OF MONROE COUNTY, FLORIDA
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32 BY 1111
33 Mayor . _,. . -rs
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36 �.,F:t I.
, CLERK
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38 .'�_ 's .110. '%_ Ati L, • A MONROE COUNTY ATTORNEY
39 \--,1= '_ RK OOVED INTO FORM:
ce,: it."' STEVEN T. WtILIM4S
ASSISTANT COUNT ATTORNEY
Date
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Exhibit A to Resolution403_2015
2015 DRAFT EVALUATION AND
RECOMMENDATIONS ON LHAP INCENTIVE STRATEGIES
A. Name of Strategy: Expedited Permitting
Established policy and procedures:
The Monroe County Year 2010 Comprehensive Plan and Land Development Code establish
procedures for expediting the development of affordable housing projects. The County is allowed to
issue 197 building permits annually, and of these permits, the County sets aside 71 permits for
affordable housing. Any unused allotment of permits for affordable housing is rolled over and
accumulated in subsequent years. Note, the BOCC transmitted a Comprehensive Plan amendment
to make all affordable housing allocations available immediately (no longer need to distribute 71
allocations per year) to expedite the use/availability of affordable allocations.Adoption is anticipated
in early 2016.
Affordable housing permit applications are not required to go through the competitive ROGO (Rate
of Growth Ordinance) process. Additionally, any development order or development permit for
affordable housing receives priority in processing and review of applications and permits, per
Section 9-2(b) of the Monroe County Code.
Responsible Agency: Monroe County Building Department and Planning & Environmental
Resources Department
B. Name of Strategy: Modification of Impact Fee Requirements
Established policy and procedure:
The County waives impact fees for all affordable housing permits, pursuant to Comprehensive Plan
Policy 601.1.12, Section 130-161(a)(4) and Chapter 126 of the Land Development Code.
Monroe County 2012 Comprehensive Plan Policy 601.1.12: By January 4, 1997, Monroe County shall
adopt Land Development Regulations which may include density bonuses, impact fee waiver programs, and other
possible regulations to encourage affordable housing.
Monroe County Code Chapter 126 — Impact Fees, Section 126-4(h)(6): Type of Development Not
Affected. ... (6)Affordable or employee housing units (as defined in section 101-1)for which a deferred payment of
impact fees has been recorded in the chain of title.
Monroe County Code Section 130-161 Affordable and employee housing;administration:
130-161(a)(4) The requirements of this chapter for the provision of impact fees shall be waived for affordable and
employee housing and any market rate housing developed in accordance with subsection (a)(8) of this section.
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Responsible Agency: Monroe County Building Department and Planning & Environmental
Resources Department
C. Name of Strategy: Flexibility in Densities for Affordable Housing
Established policy and procedures:
1) Pursuant to Sections 130-157 and 130-161(a)(1) of the Land Development Code, the following
density bonuses are allowed for affordable and employee housing: a Maximum Net Density of 25
dwelling units per buildable acre for land within an Urban Residential (UR) land use district; a
Maximum Net Density of 18 dwelling units per buildable acre for land within a Mixed Use (MU)
land use district; a Maximum Net Density of 18 dwelling units per buildable acre for land within a
Suburban Commercial (SC) land use district; and a Maximum Net Density of 12 dwelling units per
buildable acre for land within an Urban Commercial (UC) land use district.
Responsible Agency: Monroe County Planning&Environmental Resources Department
Recommendation:
The Monroe County Affordable Housing Advisory Committee will be reviewing density bonuses as
part of its tasks assigned by the BOCC.
2) Pursuant to Section 130-161(a)(5), the County allows the construction of affordable housing
units on commercial sites without deducting from the commercial floor area allowed (when calculating
density, any existing lawfully established or proposed affordable or employee housing on a parcel and the floor area
thereof shall be excluded from the calculation of the total gross nonresidential floor area).
Responsible Agency: Monroe County Planning&Environmental Resources Department
D. Name of Strategy: Reservation of Infrastructure Capacity for Affordable Housing
Established policy and procedure:
Monroe County prepares an annual Public Facilities Capacity Report. This Report indicates that
there is sufficient infrastructure capacity to accommodate the needs of County residents.
Responsible Agency: Monroe County Planning&Environmental Resources Department
E. Name of Strategy: Allowance of Affordable Accessory Residential Units in Residential
Zoning Districts
Established policy and procedure:
Additions and accessory bedrooms may be permitted on developed parcels as an accessory
use/structure. The accessory use/structure must be consistent with existing density and Rate of
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Growth Ordinance (ROGO) requirements specified within the Land Development Code and the
Monroe County Comprehensive Plan. Accessory uses/structures do not include second dwelling
units or any other potentially habitable structures that are occupied by a separate and independent
resident.
Responsible Agency: Monroe County Planning&Environmental Resources Department
Recommendation:
The Monroe County Affordable Housing Advisory Committee will review density and affordable
workforce accessory dwelling units as part of its tasks assigned by the BOCC.
F. Name of Strategy: Reduction of parking and setback requirements for affordable
housing
Established policy and procedure:
Pursuant to Sections 102-186 and 102-187, off-street parking requirements may be granted variances
if the requisite criteria can be met.
Pursuant to Section 130-189, any required off-street parking spaces may be located on an accessory
driveway within the front yard setback on a parcel developed exclusively with a residential use,
provided it does not occupy more than 60 percent of the required front yard setback area and any
vehicle utilizing such an off-street parking space shall be properly licensed and operable.
Responsible Agency: Monroe County Planning&Environmental Resources Department
Recommendation:
The Monroe County Affordable Housing Advisory Committee will be reviewing setback and
variance requirements for affordable workforce housing as part of its tasks assigned by the BOCC.
G. Name of Strategy:Allowance of Flexible Lot Configurations
Established policy and procedure:
Monroe County allows flexible lot configurations to the extent setback and bufferyard requirements
are met. Pursuant to Sections 102-186 and 102-187, variances to setback and bufferyard
requirements may be granted if the requisite criteria can be met.
Responsible Agency: Monroe County Planning&Environmental Resources Department
H. Name of Strategy: Modification of Street Requirements
Established policy and procedure:
Monroe County allows internal street configurations that meet life-safety criteria.
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Responsible Agency: Monroe County Planning & Environmental Resources Department &
Engineering Department
I. Name of Strategy: Process to Consider Policies/Regulations Affecting the Cost of
Housing
Established policy and procedures:
1. Section 9-3 of the Monroe County Code states: All ordinances,policies, resolutions, regulations, and
comprehensive plan provisions (regulations) that may affect the cost of housing including those regarding infrastructure,
permitting impact fees, or development process and approvals shall be reviewed by the growth management director,the
planning director, the building official and the finance or budget director. The assessment shall evaluate whether the
new regulation does, in fact, affect the cost of housing including affordable housing. Such evaluation shall be addressed
in the staff report to the board of county commissioners.
Responsible Agency: Monroe County Assistant County Administrator, Monroe County Planning &
Environmental Resources and Monroe County Building Department
2. The County allows applicants to apply to the Board of County Commissioners to waive building
permit application fees for affordable housing (Section 6-108(e),Monroe County Code).
Responsible Agency: Monroe County Building Department
3. The adopted Fee Resolution for the Planning&Environmental Resources Department provides
that there shall be no application or other fees, except advertising and noticing fees, for affordable
housing projects, except that all applicable fees shall be charged for applications for all development
approvals required for any development under Sec. 130-161.1 (Transfer of ROGO Exemptions
from Mobile Home Parks) and for applications for variances to setback, landscaping and/or off-
street parking regulations associated with an affordable housing development.
Responsible Agency: The Monroe County Planning and Environmental Resources Department and
Monroe County Building Department
J. Name of Strategy: Inventory of County Owned Property Suitable for Affordable Housing
Established policy and procedures:
Pursuant to Section 125.379, Florida Statutes, the County has prepared and will continue to provide
an inventory of possible sites suitable for affordable housing. (Comprehensive Plan Policy 601.1.6)
On November 20, 2015, the Monroe County Affordable Housing Advisory Committee reviewed
and recommended an inventory to the BOCC. The BOCC will be reviewing the updated inventory
of County owned sites which may be appropriate for use as affordable housing.
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Responsible Agency: The Clerk of Court has the list of properties approved by the Board of County
Commissioners in Resolution 299-2007. Monroe County Planning & Environmental Resources
Department
K. Name of Strategy: Support development near transportation hubs and major
employment centers and mixed use developments
Established policy and procedures:
1) Pursuant to Sections 130-157 and 130-161(a)(1) of the Land Development Code, the following
density bonuses are allowed for affordable and employee housing within zoning districts that allow
commercial and mixed use development: a Maximum Net Density of 18 dwelling units per buildable
acre for land within a Mixed Use (MU) land use district; a Maximum Net Density of 18 dwelling
units per buildable acre for land within a Suburban Commercial (SC) land use district; and a
Maximum Net Density of 12 dwelling units per buildable acre for land within an Urban Commercial
(UC) land use district.
Responsible Agency: Monroe County Planning& Environmental Resources Department
2) Livable CommuniKeys Plans (LCP) have been adopted by the Board of County Commissioners
for Key Largo, Tavernier, Big Pine Key and No Name Key, Stock Island, and the Lower Keys.
These LCPs identify activity centers that encourage the development of affordable housing near
identified mixed use and employment centers. Proposed amendments to the Land Development
Code also incorporate these areas as community center zoning overlay districts.
Responsible Agency: Monroe County Planning&Environmental Resources Department
3) Policy 601.1.8 of the Monroe County Comprehensive Plan states:
If Monroe County funding, or if County-donated land is to be used for any affordable housing pr ject, alternative sites
shall be assessed according to the following guidelines:
4. Proximity to employment and retail centers. Sites within five miles of employment and retail centers shall
be preferred. [9J-5.010(3)(c)(5)]
Responsible Agency: Monroe County Planning&Environmental Resources Department
L. Name of Strategy: Inclusionary Housing
Established policy and procedure:
Per Section 130-161(b)(2) of the Land Development Code:
a. Residential developments, other than mobile home or mobile home spaces covered by subsection (b)(2)b. of this
section, that result in the development or redevelopment of three or more dwelling units on a parcel or contiguous parcels
shall be required to develop or redevelop at least 30 percent of the residential units as affordable housing units.
Residential development or redevelopment of three units on a parcel or contiguous parcels shall require that one
developed or redeveloped unit be an affordable housing unit. For the purpose of this section, and notwithstanding
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subsection (b)(2)b. of this section, any dwelling unit exceeding the number of lawfully established dwelling units on site,
which are created by either a THE or ROGO allocation award, shall be considered developed units.
b. The removal and replacement with other types of dwelling units of ten or more mobile homes that are located on a
parcel or contiguous parcels and/or the conversion of mobile home spaces located on a parcel or contiguous parcels into a
use other than mobile homes shall be required to include in the development or redevelopment a number of affordable
housing units equal to at least 30 percent of the number of existing units being removed and replaced or converted from
mobile home use or, in the event the new use is nonresidential, to develop affordable housing units at least equal in
number to 30 percent of the number of mobile homes or mobile home spaces being converted to other than mobile home
use. Removal and replacement or conversion to a different use of ten mobile homes or mobile home spaces on a parcel or
contiguous parcels shall require that three units be replaced or converted to deed-restricted affordable housing.
c. In calculating the number of affordable housing units required for a particular project, or phase of a pr ject, all
dwelling units proposed for development or redevelopment or mobile homes or mobile home spaces to be converted from
mobile home use since the effective date of the ordinance from which this section is derived shall be counted. In phased
projects, the affordable housing requirements shall be proportionally allocated among the phases. If a subsequent
development or redevelopment is proposed following a prior development approved on the same property as it existed as
of the effective date of the ordinance from which this section is derived, which prior development did not meet the
compliance thresholds set forth in subsection (b)(2)a. or(b)(2)b. of this section, the requirements of subsection (b)(2)a.
or(b)(2)b. of this section shall be met as part of the subsequent development for all units proposed for development or
redevelopment after the Effective date of the ordinance from which this section is derived.
Responsible Agency: Monroe County Planning&Environmental Resources Department
Recommendation:
Monroe County shall maintain land development regulations on inclusionary housing and shall
evaluate expanding the inclusionary housing requirements to include or address nonresidential and
transient development and redevelopment based on specific data and analysis.
M. Name of Strategy: Mobile Home Park Incentive Program
Established policy and procedure:
Section 130-161.1 of the Land Development Code establishes incentives for affordable housing
development by allowing the transfer of market rate ROGO exemptions within the ROGO subarea
from mobile home parks in exchange for maintaining an equal or greater number of deed-restricted
affordable dwelling units within Monroe County.
Recommendation:
Consider amending the Land Development Code to allow incentives for a market rate unit to obtain
an affordable ROGO allocation and move the market rate unit to another site through a Transfer of
ROGO Exemption (TRE) if the existing site will be deed restricted for 99 years as affordable.
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Responsible Agency: Monroe County Planning&Environmental Resources Department
N. Name of Strategy: Employee Housing, Commercial Apartments, and Workforce
Housing as Permitted Uses
Established policy and procedure:
The Monroe County Land Development Code currently permits "Employee Housing" and/or
"Commercial Apartments" in several Land Use (Zoning) Districts where residential units are not
otherwise permitted. Per Section 101-1 of the code:
Employee housing means an attached or detached dwelling unit that is intended to serve as
affordable, permanent housing for working households, which derive at least 70 percent of
their household income from gainful employment in the county and meet the requirements
for affordable housing as defined in this section and as per section 130-161.
Commercial apartment means an attached or detached residential dwelling unit located on the
same parcel of land as a nonresidential use that is intended to serve as permanent housing
for the owner or employees of that nonresidential use. The term does not include a tourist
housing use or vacation rental use.
Responsible Agency: Monroe County Planning&Environmental Resources Department
Recommendation:
The definition and permitted uses sections of the Monroe County Code should be amended to
incorporate the AHAC's proposed definitions of "Workforce" and "Workforce Housing" and
include Workforce Housing as a permitted use in all zoning districts that currently permit either
Commercial Apartments or Employee Housing. The goal is to encourage Workforce Housing
within existing commercial centers and zoning districts, but to not require Workforce Housing
residents to work on the site where the housing is located.
AHAC proposed definitions:
Workforce means individuals or families who are gainfully employed supplying goods and/or services
to Monroe County residents or visitors.
Workforce Housing means dwelling units for those who derive at least 70% of their income as
members of the Workforce in Monroe County and who meet the affordable housing income
categories of the Monroe County Code.
O. Purchase and Lease Back Program
Established policy and procedure:
The County has a purchase and lease-back program for affordable housing.
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Responsible Agencies: Monroe County Land Development Authority; Monroe County Housing
Authority
Recommendation:
Identify and prioritize Tier III lands to purchase and lease back for the development of rental
workforce housing.
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