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Item O5
M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting July 19, 2017 Agenda Item Number: 0.5 Agenda Item Summary #3142 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 3:00 PM AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County Commissioners to defer the approval of new private applications or received applications that have not been fully approved utilizing Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location, or Section 138 - 22(b) to transfer off -site market rate units to another location, commencing March 15, 2017, until the Land Development Code is amended to limit the transfer of ROGO exemptions from mobile homes to only Tier III designated platted lots within the Improved Subdivision (IS) land use district or the Urban Residential Mobile -Home (URM) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units and the receiver property shall not be a working waterfront; as recommended of the Affordable Housing Advisory Committee and the BOCC; providing for expiration within 365 days of the effective date of this interim development ordinance or when the land development code amendments become effective, whichever comes first; providing for severability; providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for an effective date. ITEM BACKGROUND: On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01 -2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge. On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations. On a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code. On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139 -2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units. On April 13, 2016, at a special public meeting, the BOCC adopted the Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130 -165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location. The Monroe County Board of County Commissioners adopted Resolution 088 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners on February 15, 2017, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location. The Board of County Commissioners adopted Resolution 088 -2017, on March 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: MR unit transfer- IDO - ORDINANCE MR transfer- IDO _staff report_BOCC BOCC Agenda Item - IDO from 3 -15 -17 Resolution 088 -2017 MR Transfers FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Mayte Santamaria Completed 06/26/2017 3:20 PM Christine Hurley Completed 06/26/2017 4:54 PM Steve Williams Completed 06/27/2017 8:42 AM Jaclyn Carnago Completed 06/27/2017 11:28 AM Budget and Finance Skipped 06/26/2017 3:13 PM Maria Slavik Skipped 06/26/2017 3:13 PM Mayte Santamaria Completed 06/27/2017 5:29 PM Kathy Peters Completed 06/28/2017 12:15 PM Board of County Commissioners Pending 07/19/2017 9:00 AM (sj9jsuej;;!un UW - wnijo;ejow Ajejodwe;-Oal : ZV�d 3:DNVNIaUO - 0al -j9jsuej;;!un UW :;uGwt4:)e;;V WHEREAS, Monroe County policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted Ordinance 014-2008, which amended the Monroe County Code to re-establish the Affordable Housing Advisory Committee, including its assigned duties; and WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the Affordable Housing Advisory Committee; and WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners adopted Resolution 139-2015 assigning additional duties to the Affordable Housing Advisory Committee; and WHEREAS, at a regular meeting held on the 10th of June, 2015, the Board of County Commissioners adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend Resolution 139-2015 to add one additional duty to the committee; and WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for the development of a workforce housing development plan; and WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County Commissioners adopted Resolution 393-2015, supporting and encouraging collaboration between the County of Monroe and incorporated municipalities of Monroe County on addressing the issues of affordable and workforce housing; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted Resolution 02-2015, recommending to the Board of County Commissioners an amendment to the Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403-2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance Corporation; and 2017-054 Page 2 of 5 (sj9jsuej;;!un UW - wnijo;ejow Ajejodwe;-Oal : ZV�d 3:DNVNIaUO - Oal -j9jsuej;;!un UW :;uGwt4:)e;;V WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and provided an inventory of county-owned real property which may be appropriate for affordable housing; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-2015, approving the inventory of county-owned real property which may be appropriate for affordable housing; and WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 03-2015, recommending that the Board of County Commissioners support and fund a nexus study as the first step in considering the expansion of the current County residential inclusionary housing program to cover transient and commercial development in the County; and WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge; and WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations; and WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code; and WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139-2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units; and WHEREAS, the County's updated land development code became effective on February 3, 2017; and WHEREAS, an ordinance addressing the interim time period between the current adopted land development code and the adoption of the amendment to Section139-2 as recommended of the Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location; and 2017-054 Page 3 of 5 (sj9jsuej;;!un UW - wnijo;ejow Ajejodwe;-Oal : ZV�d 3:DNVN1a210 - 0al -j9jsuej;;!un UW :;uGwt4:)e;;V WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088- 2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139- 2 (Affordable Housing Incentive Program) or Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location; 110 COMMISSIONERS OF MONROE COUNTY: Section 1. Moratorium Imposed. Monroe County and Resource Department shall defer the approval of new private applications or received applications that are not yet approved, commencing March 15, 2017, utilizing: 1. Monroe County Code Section 139-2 (Affordable Housing Incentive Program) to transfer ROGO exemptions from mobile homes to another location; or 2. Monroe County Code Section 138-22(b) (Transfer of ROGO exemptions off site) to transfer market rate units after an affordable housing unit has been awarded to another location until the Land Development Code is amended to: a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the following criteria: i. receiver site is a Tier III designated platted lot; and ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District or the Urban Residential Mobile Home (URM) Land Use District; and iii. receiver site is a platted lot located within the same ROGO planning subarea; and iv. receiver site property is not a working waterfront; as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for expiration within 365 days of the effective date of an interim development ordinance or when the Land Development Code amendments become effective, whichever comes first. Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 2017-054 Page 4 of 5 (sj9jsuej;;!un UW - wnijo;ejow Ajejodwe;-Oal : ZV�d 3:DNVNIaUO - 0al -j9jsuej;;!un UW :;uGwt4:)e;;V Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land development regulation" as State law defines that term. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of _, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy 2017-054 Page 5 of 5 �.'....'i 1R ' .,� MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT To: Monroe County Board of County Commissioners From: Mayte Santamaria, Senior Director of Planning & Environmental Resources Date: June 26, 2017 Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR SECTION 138 -22(b) TO TRANSFER OFF -SITE MARKET RATE UNITS TO ANOTHER LOCATION, COMMENCING MARCH 15, 2017, UNTIL THE LAND DEVELOPMENT CODE IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. Meeting: July 19, 2017 I. REQUEST The Monroe County Planning & Environmental Resources is proposing an interim development ordinance (IDO) to defer the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location 1 of 3 File #2017 -054 II. BACKGROUND INFORMATION On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01 -2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge. On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations. On a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code. On a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139 -2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units. On April 13, 2016, at a special public meeting, the BOCC adopted the Land Development Code to be consistent with the Monroe County Year 2030 Comprehensive Plan. On July 26, 2016, DEO published Final Order DEO -16 -130 in the Florida Administrative Register approving the Monroe County Land Development Code (Ordinance 006 - 2016). On August 10, 2016, the Petitioners filed a Petition with DEO, challenging the DEO Final Order. On November 22, 2016, the BOCC adopted an ordinance amending Section 130 -165 to resolve the Petition challenging the DEO issued Final Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land Development Code to become effective. The County's updated land development code became effective on February 3, 2017. The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location. The Monroe County Board of County Commissioners adopted Resolution 088 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications or received applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location. On April 26, 2017, the subject file was reviewed by the Development Review Committee. On May 31, 2017, the subject file was reviewed by the Planning Commission. 2of3 File #2017 -054 III. STAFF RECOMMENDATION Staff recommends approval of the proposed interim development ordinance. The interim development ordinance provides a period of time between the current adopted land development code and the adoption of the amendment to Sectionl39 -2 as recommended of the Affordable Housing Advisory Committee and Section 138 -22(b) as recommended by the BOCC, to ensure that the new code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process. IV. EXHIBITS 1. BOCC Agenda item 3 of 3 File #2017 -054 M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: L.3 Agenda Item Summary #2715 BULK ITEM: Yes DEPARTMENT: BOCC District 1 TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 N/A AGENDA ITEM WORDING: Approval of a Resolution of the Board of County Commissioners of Monroe County, Florida, directing the Monroe County Planning and Environmental Resources Department to process an ordinance to defer the approval of new private applications utilizing Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location, commencing March 15, 2017, until the land development code is amended to limit the transfer ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units; as recommended by the Affordable Housing Advisory Committee and the BOCC; providing for expiration within 365 days of the effective date of an interim development ordinance or when the land development code amendments become effective, whichever comes first. ITEM BACKGROUND: In 2015, the BOCC expanded the membership of Affordable Housing Advisory Committee and assigned the committee specific additional duties to complete within a 1 year timeframe. The committee met from August 2015 through July 2016 to develop recommendations to facilitate the provision of workforce housing. On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01 -2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge. On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations. On a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code. At the special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139 -2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units. The proposed resolution directs the County's Planning and Environmental Resources Department to process an ordinance to defer the approval of new private applications utilizing Monroe County Code Section 139 -2, which provides for affordable housing incentive programs including the transfer of rate of growth ordinance exemptions from mobile homes to another location. The resolution would take effect immediately upon adoption. The resolution contemplates that the new regulations would limit the transfer ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use districts and within the same ROGO planning subarea. The resolution also contemplates that the new regulations would limit transfers to only development of single family detached dwelling units as recommended by the Affordable Housing Advisory Committee (AHAC Resolution 01- 2016). The proposed interim development ordinance would sunset within 365 days of its effective date or when the land development code amendments become effective, whichever comes first. PREVIOUS RELEVANT BOCC ACTION: At the February 15, 2017 BOCC meeting, the Commission directed staff to initiate the process to impose an interim development ordinance in anticipation of making substantive legislative changes to the Land Development Code. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Resolution for interim development ordinance - transfer of mobile homes Dec 6 2015 AHAC recommendations to the BOCC agenda item FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Danny Kolhage Completed 02/28/2017 9:04 AM Steve Williams Completed 02/28/2017 2:49 PM Mayte Santamaria Completed 02/28/2017 4:16 PM Jaclyn Carnago Completed 02/28/2017 4:32 PM Kathy Peters Completed 02/28/2017 4:54 PM Board of County Commissioners Pending 03/15/2017 9:00 AM ;!un UW - wnijo;ejow Ajejodwe;-Oal: ZV�d Lb w Oal - UJOU ePuG :;uGwt4 F. ♦ , -I#Iff miluxupwff twum RESOLUTION NO. -2017 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on Februar 15 1 2017 in Ke West F ori a dir WHEREAS, Monroe County policies and regulations adopted in the Monroe County Comnrehensive Plan and Land Development Code are to maintain public health, the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted Ordinance 0 1 4-2008, which amended the Monroe County Code to re-establish the Affordable Housing Advisory Committee, including its assigned duties; and WHEREAS, Monroe County Code Section 2-701 includes the specific duties of the Affordable Housing Advisory Committee; and WHEREAS, the Board • County Commissioners, at a regular meeting held • the 20th of August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Page 1 of 4 ;!un UW - wnijo;ejow Ajejodwe;-Oal: ZV�d Lb UA Oal - UJOU ePuG :;uGwt4 Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners adopted Resolution 139-2015 assigning additional duties to the Affordable Housing Advisory Committee; and WHEREAS, at a regular meeting held on the 10th of June, 2015, the Board of County Commissioners adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend Resolution 139-2015 to add one additional duty to the committee; and WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted Resolution 01-2015, providing recommendations on the first three tasks assigned to the committee for the development of a workforce housing development plan; and WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County Commissioners adopted Resolution 393-2015, supporting and encouraging collaboration between the County of Monroe and incorporated municipalities of Monroe County on addressing the issues of affordable and workforce housing; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted Resolution 02-2015, recommending to the Board of County Commissioners an amendment to the Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403-2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance Corporation; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and provided an inventory of county-owned real property which may be appropriate for affordable housing; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-2015, approving the inventory of county-owned real property which may be appropriate for affordable housing; and WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 03-2015, recommending that the Board of County Commissioners support and fund a nexus study as the first step in considering the expansion of the current County residential inclusionary housing program to cover transient and commercial development in the County; and Page 2 of 4 ;!un UW - wnijo;ejow Ajejodwe;-Oal: ZV�d Lb UA Oal - UJOU ePuG :;uGwt4 WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01-2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge; and WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01-2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations; and WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code; and WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139-2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units; and WHEREAS, the County's updated land development code be6me effective on February 3, 2017; and WHEREAS, an ordinance addressing the interim time period between the current adopted land development code and the adoption of the amendment to Sectionl39-2 as recommended of the Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Staff of the Monroe County Planning and Environmental Resources Department shall process an interim development ordinance which defers the approval of applications, commencing March 15, 2017, utilizing Monroe County Code Section 139-2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location until the land development code is amended to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units; as recommended of the Affordable Housing Advisory Committee and the BOCC; providing for expiration within 365 days of the effective Page 3 of 4 ;!un UW - wnijo;ejow Ajejodwe;-Oal: ZV�d Lb UJ Oal - w ePu date of an interim development ordinance or when the land development code amendments become effective, whichever comes first. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held • the 15 day of March 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Heather Carruthers Commissioner Sylvia Murphy 110-M Mayor George Neugent (SEAL) DEPUTY CLERK Page 4 of 4 M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting December 6, 2016 Agenda Item Number: B2 Agenda Item Summary #2411 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 N/A AGENDA ITEM WORDING: Presentation and discussion of Affordable Housing Advisory Committee (AHAC) Resolution 01 -2016, adopted by the AHAC on July 22, 2016, for the Monroe County Board of County Commissioners to consider 33 recommendations to facilitate the provision of workforce housing and provide staff direction on which recommendations to evaluate and complete. ITEM BACKGROUND: In 2008, the current Monroe County Affordable Housing Advisory Committee (AHAC) was established by the BOCC to comply with requirements in Ch. 420, F.S., related to the County's participation in the State Housing Initiatives Partnership Program (SHIP). At that time, the BOCC created Sections 2 -700 and 2 -701 of the Monroe County Code, which establishes the duties of the AHAC and its membership, consistent with the statutory requirements. In August, 2014, the BOCC approved an agreement with the FCRC Consensus Center, FSU, for professional services on an Affordable Workforce Housing Stakeholder Assessment, in order to assess the current workforce /affordable housing situation in the County and propose a process for developing recommendations to increase the supply of affordable housing. The report recommends that the BOCC assign a number of additional duties to the AHAC to address increasing affordable housing in order to address the current workforce /affordable housing situation. Pages 4 and 5 of the report provide the suggested duties. Per Section 2- 701(c) of the code, "the advisory committee may perform additional responsibilities related to affordable housing at the request of the BOCC, including creating best management practices for the development of affordable housing in the community." The Board of County Commissioners adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to increase from 11 members to 14 members the affordable housing advisory committee membership. The Board of County Commissioners also adopted Resolution 139 -2015 and Resolution 189 -2015 to add additional duties to the committee to create a workforce housing development plan. The discussion today is to review the 33 AHAC recommendations to facilitate the provision of workforce housing and provide staff direction on which recommendations to evaluate and complete. PREVIOUS RELEVANT BOCC ACTION: On May 21st, 2008, the Board of County Commissioners adopted Ordinance 014 -2008, which created Sections 2 -700 through 2 -703 of the Monroe County Code to establish the Affordable Housing Advisory Committee, including its membership requirements and assigned duties. At a regular meeting held on August 20, 2014, the BOCC discussed a possible need to reconvene the Monroe County Affordable Housing Advisory Committee, and also approved an agreement with the FCRC Consensus Center, FSU, for professional services on an Affordable Workforce Housing Stakeholder Assessment. At the May 20, 2015 BOCC meeting, the BOCC adopted Resolution 139 -2015 establishing the duties of the Affordable Housing Advisory Committee. At a regular meeting held on June 10, 2015, the BOCC adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to establish the 14 members of the affordable housing advisory committee and directed staff to amend Resolution 139 -2015 to add one additional duty to the committee to evaluate and propose additional mechanisms to qualify and monitor the occupants of deed restricted affordable housing. At the June 10, 2015 BOCC meeting, three additional members were appointed to the committee. At the July 15, 2015 BOCC meeting, the BOCC adopted Resolution 189 -2015 adding one additional duty to the committee to evaluate and propose additional mechanisms to qualify and monitor the occupants of deed restricted affordable housing. At the October 21, 2015 BOCC meeting, the BOCC accepted AHAC Resolution 01 -2015 providing recommendations to the BOCC on the first three tasks assigned to the committee. At the December 9, 2015 BOCC meeting, the BOCC adopted Resolution 403 -2015 amending the Local Housing Assistance Plan (LHAP) as required by State Housing Initiatives Partnership (SHIP) Program Act, as reviewed and recommended by the AHAC. At the December 9, 2015 BOCC meeting, the BOCC adopted Resolution 404 -2015 approving an inventory of county -owned real property which may be appropriate for affordable housing, as reviewed and recommended by the AHAC. At the February 10, 2016 BOCC meeting, the BOCC was presented with AHAC resolution to support the funding and completion of a workforce housing study to support the development of inclusionary housing requirements for the hospitality and commercial sector. At the August 17, 2016 BOCC meeting, the BOCC approved 2 contracts to conduct surveys and analyze data to establish an inclusionary requirement for nonresidential development. At the August 17, 2016 BOCC meeting, staff presented the AHAC recommendations to the BOCC. The BOCC requested a special meeting to discuss the item. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Direction to staff on which recommendations to evaluate and complete as well as direction on implementation time frames. DOCUMENTATION: December 6, 2016 Draft Presentation Monroe County AHAC July 22_2016_Reso 01 -2016 CHART of AHAC RECOMMENDATIONS Dec 6 BOCC BOCC Resolution 189 -2015 AHAC Duties Ordinance 014 -2015 increase AHAC to 14 members County Chart of AFF Housing Developments and Incentives Maps of existing SF and MultiF Affordable Housing AHAC Resolution 01 -2015 AHAC Reso 03 -2015 Nexus LHAP Reso 403 -2015 Resolution 404 -2015 Inventory of County Land - Affordable Reso 393 -2015 collaboration with cities on AFH 2016 Rental_AFH Income Limits 2016 Owner_AFH Income Limits destinations tax 11.2016 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 11/23/2016 1:19 PM Steve Williams Completed Jaclyn Carnago Skipped Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Skipped Kathy Peters Completed Board of County Commissioners Pending 11/23/2016 12:18 PM Completed 11/28/2016 10:43 AM 11/20/2016 4:00 PM 11/20/2016 3:56 PM 11/20/2016 3:56 PM 11/23/2016 1:19 PM 11/28/2016 12:11 PM 12/06/2016 10:00 AM No. 01 -2016 A RESOLUTION OF THE MONROE COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE PROVIDING RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ON THE TASKS ASSIGNED TO THE COMMITTEE FOR THE DEVELOPMENT OF A WORKFORCE HOSUING DEVELOPMENT PLAN. WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted Ordinance 014 -2008, which amended the Monroe County Code to establish the Affordable Housing Advisory Committee, including its assigned duties; and WHEREAS, Monroe County Code Section 2 -701 includes the specific duties of the Affordable Housing Advisory Committee; and WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20 of August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment; and WHEREAS, at a regular meeting held on the 20 of May, 2015, the Board of County Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and WHEREAS, at a regular meeting held on the 20 of May, 2015, the Board of County Commissioners adopted Resolution 139 -2015 assigning additional duties to the Affordable Housing Advisory Committee; and WHEREAS, at a regular meeting held on the 10 of June, 2015, the Board of County Commissioners adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend Resolution 139 -2015 to add one additional duty to the committee; and WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted Resolution 01 -2015, providing recommendations on the first three tasks assigned to the committee for the development of a workforce housing development plan; and WHEREAS, at a regular meeting held on the 17 of November, 2015, the Board of County Commissioners adopted Resolution 393 -2015, supporting and encouraging collaboration between the County of Monroe and incorporated municipalities of Monroe County on addressing the issues of affordable and workforce housing; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted Resolution 02 -2015, recommending to the Board of County Commissioners an amendment to the Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and provided an inventory of county -owned real property which may be appropriate for affordable housing; and WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 03 -2015, recommending that the Board of County Commissioners support and fund a nexus study as the first step in considering the expansion of the current County residential inclusionary housing program to cover transient and commercial development in the County; WHEREAS, the Monroe County Affordable Housing Advisory Committee has held meetings on August 21, 2015, September 18, 2015, October 16, 2015, November 20, 2015, December 18, 2015, January 22, 2016, February 19, 2016, March 18, 2016, April 22, 2016, May 20, 2016, June 17, 2016, and July 22, 2016 to produce consensus recommendations to the BOCC on the issues included in their charge; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE: The Monroe County Affordable Housing Advisory Committee provides recommendations to the BOCC, attached as Exhibit 1 and incorporated herein. PASSED AND ADOPTED by the Monroe County Affordable Housing Advisory Committee at a meeting held on the 22 day of July, 2016. X Jim Cameron X Capt. Ed Davidson _absent Hana Eskra X Bill Hunter X Warren Leamard X Kurt Lewin X Ken Naylor absent Tim Root X Jim Saunders X Stephanie Scuderi X Ed Swift III X Randy Wall absent Jodi Weinhofer _absent William Wiatt 2 EXHIBIT 1 TASK #',1 & 2,', WORKFORCE AND WORKFORCE HOUSING DEFINITIONS AND NEED OCTOBER 2015AHAC CoNsENsusREcoMMENDATIoNs 9. The BOCC should review the Committee's recommended definitions for "Workforce" and "Workforce Housing." If the BOCC accepts the Committee's recommendation, it should direct staff to propose any Land Development Code amendments needed to incorporate them. 2. Workforce means individuals or families who are gainfully employed supplying goods and /or services to Monroe County residents or visitors. 3. 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. 4. Based on the current, available data, the Committee believes there is an unmet Workforce Housing need throughout Monroe County, specifically near employment centers. It recommends the BOCC recognize that Monroe County continues to experience a critical Workforce Housing need. The need and demand for Workforce Housing appears most critical for those households at the median, low and very low - income levels and is most severe in the middle and lower Keys. TASK #', 3 QUALIFYING & MONITORING DEED RESTRICTED AFFORDABLE' HOUSING' OCTOBER 2015AHAC UNANIMOUS CONSENSUS RECOMMENDATIONS The bold language for recommendation #7 beloav aveve suggested refinements that aveve agreed to b the AHAC at the June 17 meeting. The Committee recommends the BOCC take action to strengthen the County's ability to qualify and monitor deed restricted affordable housing in unincorporated Monroe County. 3. The BOCC should direct staff to continue to build its database of deed - restricted units. 6. The Committee strongly recommends staff coordinate, collaborate and share information with the Monroe County Housing Authority, municipalities, nonprofit entities, and the real estate sector to create a dynamic countywide database, inventory for existing affordable housing. 7. By October 2016, County staff should develop proactive mechanisms including code requirements and fines based on HUD guidelines to enhance the monitoring of affordable housing including consideration of securing the services of the Monroe County Housing Authority, additional County staff or 3 rd party monitoring services or some combination thereof. Funding estimates for such a program should be developed and evaluated by staff and the Monroe County Housing Authority and should be considered in deciding how to develop the most cost effective monitoring and qualifying approach. 8. The Committee strongly recommends staff coordinate and share information with the municipalities in developing these options, with a goal of developing a countywide monitoring mechanism program. 9. The Committee strongly recommends that the County identify and fund an enhanced enforcement program as an essential element for maintaining affordable workforce housing in the County. This program should address compliance and enforcement of deed restricted property to maintain our 3 available housing stock. a) Authorize Code Compliance and /or the Monroe County Tax Collector's Office to more aggressively pursue illegal rentals. b) Require that owner - occupied units be homesteaded. TASK #4 DEVELOP SOLUTIONS FOR RENTAL WORKFORCE,', HOUSING 10. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments to create a workforce housing overlay which can be applied to properties (through a map amendment) to provide additional density bonuses for workforce developments that offer only workforce housing rentals in perpetuity on Tier III designated lands. (formerly 4 a.) 11. The AHAC recommends the BOCC direct staff to evaluate and recommend a proactive approach to enhance the enforcement against illegal vacation rentals; tourist housing and vacation rentals of affordable housing units; including additional code compliance staff to focus on short -term rentals and continued partnership with the Monroe County Tax Collector. (formerly 4 b.) 12. The AHAC recommends the BOCC direct the Land Authority to evaluate and provide recommendations to the BOCC on utilizing Land Authority funds to buy back expiring deed restrictions in order to preserve rental affordable housing. The Land Authority should consider remaining deed restriction timeframes and make recommendations on potential monetary offers to provide for a range of additional deed restriction years, including a priority for perpetual deed restrictions in order to preserve existing affordable housing. (formerly 4 c.) 13. The AHAC recommends the BOCC direct staff to evaluate and provide recommendations to the BOCC on strategies and best practices for engagement, outreach, public awareness and education to address the NIMBY ( "Not in my backyard ") sentiment to workforce housing and collaborate with the developers, municipalities, the private and non- profit sectors. (formerly 4 d.) TASKS #5 & #6 DEVELOP INCENTIVES FOR WORKFORCE HOUSING ON TIER 3' PROPERTIES, INCLUDING STRATEGIES FOR INCREASING DENSITY. 14. The AHAC recommends the BOCC consider issuing requests for proposals (RFP) for the development of workforce housing on county -owned land as a key priority. The AHAC recommends the BOCC direct staff to collaborate with other public entities which own land in the county and recommend how best to increase and target incentives for leasing back the properties to workforce housing developers. The AHAC also recommends the BOCC direct the Land Authority to prioritize the purchase of additional Tier 3 lands for the development of workforce housing. The BOCC may also consider future RFPs for the development of affordable housing. (formerly 516 a.) 15. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and legislative issues and develop recommendations on the development of a property tax incentive for homeowners that rent a lawfully established existing market rate unit to a member of the workforce in any Tier within the very low, low and median affordable housing income limits and rental rates. (formerly 516 b.) M 16. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and legislative issues and develop recommendations on the creation of a 10 -year tax incentive for the development of only workforce housing. ( formerl 316 c.) 17. The AHAC recommends the BOCC direct staff to maintain and update the inventory of County owned land that can be used for affordable housing development. ( formerl 316 d.) 18. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments to allow property owners of Tier 3 designated lands with an existing market rate dwelling unit to add an accessory workforce housing residential unit which will require the use of an affordable ROGO. Staff should evaluate residential zoning districts, density standards, income levels, maximum size of the accessory workforce housing residential unit and the minimum property size for the development of an accessory residential workforce housing unit. This can be a method to incen6vize the development of smaller "starter units" for the workforce. (formerl y 316 e.) 19. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments to create a Workforce Housing overlay for the Planning Commission to recommend and Board of County Commissioners to approve an extra story for the development of an exclusive workforce housing project, up to maximum of 40 feet. (formerly 316f.) 20. The AHAC recommends the BOCC direct staff to revise existing Land Development Code Section 130- 161.1 to provide another incentive for the preservation of affordable housing and the development of market rate housing on Improved Subdivision (IS), Tier III properties as follows: "ROGO exemptions transferred under this program may be transferred on a 1 for 1 basis w hefe th e to Tier III. single - family residential lots within the Improved Subdivision (IS) land use district and the same ROGO planning subarea for the development of single family detached dwelling units U aaheve `°fttsfevs ffe `t� befftae fe e f " ( formerly 3 /6 21. The AHAC recommends the BOCC direct staff to evaluate and develop comprehensive plan and land development code amendments to create an additional workforce housing density bonus in the Mixed Use Zoning District to provide additional density only for the development of workforce rental housing in the median, low and very low income categories which is deed restricted in perpetuity and located on Tier 3 designated lands. (formerly 516 h.) TASK '# 7 DEVELOP STRATEGIES TO INCREASE THE MONROE COUNTY HOUSING AUTHORITY'S ROLE IN WORKFORCE HOUSING, SPECIFICALLY AS 'A MANAGEMENT ENTITY FOR RENTAL, WORKFORCE HOUSING See Task 3, Recommendations 7 -9 that address this Task. E TASK '# 8 EXPLORE AND PROPOSE LOCAL FUNDING SOURCES TO HELP EXPAND WORKFORCE 'HOUSING 'IN MONROE COUNTY Unquestionably these recommendations will be costly, in developing these recommendations, the AHAC believes from the past 12 months of discussions that the Commission should set a 10 -year target of raising at least $10 million annually from local funding sources to help expand workforce housing in Monroe County and address the unmet Workforce Housing need throughout Monroe County, specifically near employment centers. 22. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and operational issues and make recommendations on whether and how to establish an annual fee on non - primary residences that are not utilized as long -term rentals (6 month rentals or greater) to be dedicated to supporting workforce housing and the enforcement of regulations. (formerly 8.a. 9) 23. The AHAC recommends the BOCC direct staff to evaluate the legal, statutory, financial and operational issues and make recommendations on whether and how to establish a property tax exemption for non - primary residences that rent their residence for not less than 6 months (long term) to a member of the Monroe County workforce. Every property owner claiming the additional reduction in assessed value must annually file an application with the Monroe County Property Appraiser, including documentation and affidavit regarding the qualifying workforce housing occupant of the residence for the year in which the reduction is sought. (formerly 8.a.2) 24. The AHAC recommends the BOCC direct staff to evaluate the legislative, economic and financial issues, including and take the necessary steps and make recommendations on whether and how to propose to statutory amendments to increase by 1 penny the Tourist Impact Tax to provide additional dedicated funding for the acquisition of land for workforce housing and construction of workforce housing in Monroe County. Evaluate including a sunset date of 10 years_ (Formerly 8 -b 9) 23. The AHAC recommends the BOCC direct staff to engage with the Community Foundation of the Florida Keys(CFFK), municipalities, and the business and tourist sector in Monroe County to establish a community workforce housing fund administered by the FKCF that can provide additional dedicated funding for workforce housing in Monroe County and rental assistance loans. (Formerly 8 d.) 26. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether and how to increase the ad valorem tax on residential /commercial properties and commercial properties that are not rented at affordable rates in order to provide in order to provide additional dedicated funding for the acquisition of land for workforce housing and construction of workforce housing in Monroe County. (Formerly 8 -e) 27. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether and how to create a tax incentive for commercial properties that include workforce housing on the same site._(Formery 8 -e. 9) TASK '# 9 REVIEW AND RECOMMEND WORKFORCE HOUSING STRATEGIES AS AMENDMENTS TO STATE STATUTES' (TASKS A -D) 28. The AHAC recommends the BOCC direct the Land Authority to evaluate and provide recommendations to the BOCC on utilizing Land Authority funds to buy back expiring deed restrictions in order to preserve rental workforce housing. The Land Authority should consider remaining deed 0 restriction 6meframes and make recommendations on potential monetary offers to provide for a range of additional deed restriction years, including a priority for perpetual deed restrictions in order to preserve existing workforce housing. (Formerly 9 -a.) Note: Land Authority staff has stated that statutory amendments would not be needed for draft recommendation. 29. In light of the workforce housing crisis in Monroe County, the AHAC recommends the BOCC continue to support 4 the provision of Sadowski Trust funding and the dedicated tax credit project for the Florida Keys as a key legislative priority. (Formerly 9 -b.) TASK 10 DEVELOP STRATEGIES FOR DEVELOPING INCLUSIONARY HOUSING REQUIREMENTS FOR HOSPITALITY AND COMMERCIAL DEVELOPMENTS TO SUPPORT BUILDING WORKFORCE', HOUSING'. 30. "The AHAC recommends that the Board of County Commission support and fund a nexus study as the first step in the expansion of the current County residential inclusionary housing program to cover transient and commercial development in the County." AHACJanuag 2096 Resolution to the BOCC March 2096 AHAC Meeting: The Committee emphasized with staff and the BOCC the urgency of completing the nexus study as soon as possible in order to advance policy recommendations on establishing an inclusionary housing program for transient and commercial development in the County. 39. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether and how to amend the land development code to not allow inclusionary requirements to be satisfied through `linkage' under Sec. 130 -161 (c) with affordable housing units built in proportion of the government investment. (Formerly 90 -a.) 32. The AHAC recommends the BOCC direct staff to evaluate the legal, financial and economic issues and make recommendations on whether and how to amend land development code to not allow inclusionary requirements to be satisfied through `linkage' under Sec. 130 -161 (c) with affordable housing units already- existing /built._(Formerly 90 -b.) Note: linkage should not be available for existing affordable projects as they do not address the need for additional affordable housing. TASK 11. OPPORTUNITIES FOR INTERGOVERNMENTAL COOPERATION ON WORKFORCE HOUSING 33. Building on the February 2016 Workforce Housing Intergovernmental Roundtable and the continuing participation of municipal planning directors in the AHAC process, the AHAC recommends each jurisdiction pass a resolution to commit their respective Planning Director's meet to discuss at least twice a year to explore and implement consistent strategies for closer intergovernmental cooperation and collaboration on workforce housing. (formerl 11 a) Note: At the March 2096 AHAC meeting the Committee agreed that intergovernmental cooperation is a "very important" element of the AHAC's work and tasks on workforce housing. There was agreement that the planning directors review the potential areas that have been identified for cooperation at the Intergovernmental Roundtable and report back to their respective governing boards and the AHAC xith any recommendations or suggestions for the Committee's consideration. 7 Beloav are the potential ' cooperation opportunities identified ' the February 2096Intergovernmental Wlorkforce Housing Roundtable: A. Collaborate on monitoring and gualifyi' Affordable Housing (AHAC Recommendation on Task 3) B. Seek to develop consistent affordable housing terminology C. Develop a more consistent intergovernmental approach to deed restrictions D. Identz county and municipal Funding Sources for Affordable Housing E. Purchase land to Address the Groxing Wlorkforce Housing Crisis. F. Support inclusionary Housing and Redevelopment G. Provide incentives for Building Wlorkforce Housing H. 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N >> O_ O O Y > E s � ¢�� ¢s° a ° m aiQY 1( °acna�F�U F �o >-° >-° V = o d o O =�> O Q[o b W Iiba: - �Y V Ol 'O L O o ° a o C N O N > N E d O 9� O N O d N V C> N C L M m C c o 9 _ P m O ° c M O C .y O y d O O L c Ol O c N ._ = y Y ° N « .- u .� .w N O N o° F f 0 O y = L 1.1 Y 1.1 y O Z' c 3 U a O n a O r r 2 dcy a a o 0 a N MONROE COUNTY, FLORIDA RESOLUTION NO. 088 -2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE MONROE COUNTY PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO PROCESS AN INTERIM DEVELOPMENT ORDINANCE TO DEFER THE APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR SECTION 138 -22(b) TO TRANSFER OFF -SITE MARKET RATE UNITS TO ANOTHER LOCATION, COMMENCING MARCH 15, 2017, UNTIL THE LAND DEVELOPMENT CODE IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF AN INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST. WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location; and WHEREAS, Monroe County policies and regulations adopted in the Monroe County Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the Florida Keys and to strengthen our local government capability to manage land use and development; and WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted Ordinance 014 -2008, which amended the Monroe County Code to re- establish the Affordable Housing Advisory Committee, including its assigned duties; and Page 1 of 4 WHEREAS, Monroe County Code Section 2 -701 includes the specific duties of the Affordable Housing Advisory Committee; and WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board of County Commissioners for professional services on Affordable Workforce Housing Stakeholder Assessment; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County Commissioners adopted Resolution 139 -2015 assigning additional duties to the Affordable Housing Advisory Committee; and WHEREAS, at a regular meeting held on the 10th of June, 2015, the Board of County Commissioners adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend Resolution 139 -2015 to add one additional duty to the committee; and WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted Resolution 01 -2015, providing recommendations on the first three tasks assigned to the committee for the development of a workforce housing development plan; and WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County Commissioners adopted Resolution 393 -2015, supporting and encouraging collaboration between the County of Monroe and incorporated municipalities of Monroe County on addressing the issues of affordable and workforce housing; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted Resolution 02 -2015, recommending to the Board of County Commissioners an amendment to the Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403 -2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance Corporation; and WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and provided an inventory of county -owned real property which may be appropriate for affordable housing; and WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404 -2015, approving the inventory of county -owned real property which may be appropriate for affordable housing; and Page 2 of 4 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 03 -2015, recommending that the Board of County Commissioners support and fund a nexus study as the first step in considering the expansion of the current County residential inclusionary housing program to cover transient and commercial development in the County; and WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01 -2016, providing 33 recommendations to the Board of County Commissioners on the issues included in their charge; and WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for studies to support an inclusionary housing requirement to cover transient and commercial development as well as requested staff to schedule a special meeting to discuss the remaining recommendations; and WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to research certain items, implement certain items and process amendments to the land development code; and WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe County Code Section 139 -2 (affordable housing incentive program), as recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district and within the same ROGO planning subarea for the development of single family detached dwelling units; and WHEREAS, the County's updated land development code became effective on February 3, 2017; and WHEREAS, an ordinance addressing the interim time period between the current adopted land development code and the adoption of the amendment to Sectionl39 -2 as recommended of the Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; and WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile homes to another location; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Staff of the Monroe County Planning and Environmental Resources Department shall process an interim development ordinance which defers the approval of new private applications or received applications that are not yet approved, commencing March 15, 2017, utilizing: Page 3 of 4 1. Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) to transfer ROGO exemptions from mobile homes to another location; or 2. Monroe County Code Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market rate units after an affordable housing unit has been awarded to another location until the Land Development Code is amended to: a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the following criteria: i. receiver site is a Tier III designated platted lot; and ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District or the Urban Residential Mobile Home (URM) Land Use District; and iii. receiver site is a platted lot located within the same ROGO planning subarea; and iv. receiver site property is not a working waterfront; as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for expiration within 365 days of the effective date of an interim development ordinance or when the Land Development Code amendments become effective, whichever comes first. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15 day of March 2017. Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes cv BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ,e. dik Mayor Ge rge Neugent MON OE COUNORNEY RC'JE- FQRNI: MS ASS1S' . (: Date �/ TY ATTORNEY � Page 4 of 4 DEPUTY CLERK