Item B2 Chapter 139Monroe County Comprehensive Plan Update
Chapter 139 AFFORDABLE AND EMPLOYEE HOUSING
<This section relocated from Section 130 -161. Text shown as existing is existing in 130 -161>
Sec. 139 -1. Affordable and eEmployee hHousing; &Administration.
(a) Generally.
(1) Notwithstanding the density limitations in sSection 130 -157, the owner of a parcel of land
shall be entitled to:
a. Develop affordable and employee housing as defined in sSection 101 -1, on parcels of
land classified as ttUrban rResidential (UR) at an intensity up to a maximum net
residential density of 25 dwelling units per acre and on parcels of land classified as
fnMixed ttUse (MU) at an intensity up to a maximum net residential density of 18
dwelling units per acre.
b. Develop affordable and employee housing, as defined in sSection 101 -1, on parcels of
land classified as &Suburban 6Commercial (SC) at an intensity up to a maximum net
residential density of 18 dwelling units per acre and on parcels of land classified as
t*Urban (Residential JUR) at an intensity up to a maximum net residential density of
25 dwelling units per acre.
c. Develop market rate housing, as defined in sSection 101 -1, as part of an affordable or
employee housing project in accordance with subsection (a)(8) of this section,
provided that on parcels of land classified as oUrban (Residential (UR), the maximum
net residential density shall not be greater than 18 dwelling units per acre.
(2) The maximum net residential density allowed per district and by this section shall not
require tTransferable dDevelopment (Rights (TDR) for affordable and employee housing
and market rate housing developed in accordance with subsection (a)(8) of this section.
(3) Market rate housing developed in accordance with subsection (a)(8) below shall be
eligible to receive points pursuant to sSection 138- 28(5).
(4) The requirements of this Land Development Code 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.
(5) Notwithstanding the provisions of this article, 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 development that may be lawfully established on the parcel, provided,
however, that the total residential density allowed on the site shall not exceed the
maximum net density for affordable and employee housing.
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(6) In order for the owner of a parcel of land to be entitled to the incentives for affordable or
employee housing outlined in this section and eChapter 138, aArticles II and III, the
owner must ensure that:
a. The use of the affordable housing dwelling unit is restricted to households that meet
the adjusted gross annual income limits for median - income as defined in sSection
101 -1;
b. Except as provided for under the special provisions for employer -owned rental housing
as set forth under subsection (a)(6)k of this section, if the affordable housing dwelling
unit is designed for employee housing, the use of the dwelling is restricted to
households that derive at least 70 percent of their household income from gainful
employment in the county and meet the adjusted gross annual income limits for
median income as defined in sSection 101 -1.
c. The use of the affordable or employee dwelling unit is restricted for the period
specified in sSection 101 -1.
d. Tourist housing use or vacation rental use of affordable or employee housing units is
prohibited.
e. The parcel of land proposed for development of affordable or employee housing shall
only be located within a tier III designated area or, within a tier III -A (special
protection area) designated area that does not propose the clearing of any portion of
an upland native habitat patch of one acre or greater in area.
f. At the time of sale of an owner- occupied affordable unit, the total income of
households eligible to purchase shall not exceed 120 percent of the median household
income for the county. However, a unit within a class of affordable housing eligibility
may only be sold to a household within that same class, i.e., a median income
household that purchased a home within this category must sell the home to a
qualifying household within the median income category;
g. During occupancy of any affordable housing rental unit, not otherwise limited by state
or federal statute or rule concerning household income, a household's annual income
may increase to an amount not to exceed 140 percent of the median household
income for the county. If the income of the lessee exceeds this amount, the tenant's
occupancy shall terminate at the end of the existing lease term. The maximum lease
for any term shall be three years or 36 months;
h. Affordable housing projects shall be no greater than 20 units unless approved by
resolution of the county pPlanning Ceommission. The planning Ceommission's
decision may be appealed to the BOCC using the procedures described in SSection
102 -185, with the BOCC serving as the appellate body for the purpose of this section
only;
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When establishing a rental and sales amount, the county shall assume family size as
indicated in the table below. This section shall not be used to establish the maximum
number of individuals who actually live in the unit. This table shall be used in
conjunction with the eligibility requirements created by Ssection 101 -1:
Size of Unit
Assumed Family Size
Minimum Occupanc
Efficiency no separate bedroom)
1
1
One bedroom
2
1
Two bedroom
3
2
Three bedroom
4
3
Four or more bedroom
5
1 per bedroom
j. Except for tenants of employer -owned rental housing, as set forth in subsection (a)(6)k.
of this section, the income of eligible households shall be determined by counting
only the first and highest paid 40 hours of employment per week of each unrelated
adult. For a household containing adults related by marriage or a domestic partnership
registered with the county, only the highest 60 hours of the combined employment
hours shall be counted, which shall be considered to be 75 percent of the adjusted
gross income. The income of dependents regardless of age shall not be counted in
calculating a household's income; and
k. In the special case of employer -owned rental housing, as defined in &Section 101 -1,
employees shall be eligible as tenants of the affordable rental housing, if the income
of each tenant, as determined following the requirements in subsection (a)(6)j. of this
section, is not more than the 80 percent of the median income adjusted gross income
for households within the county. The tenants of this affordable employee housing
shall be required to derive at least 70 percent of their income from within the county.
The maximum occupancy of employer -owned rental housing for employees shall be
no more than two tenants per bedroom; with a maximum of three bedrooms per unit.
The total monthly lease charged tenants for each dwelling unit shall not exceed 30
percent of the median adjusted gross annual income for households within the county,
divided by 12.
(7) Commercial apartment dwelling units, as defined in &Section 101 -1, shall only be eligible
for the incentives outlined in this section if they meet the requirements of subsection
(a)(6) of this section for employee housing.
(8) If an affordable or employee housing project or an eligible commercial apartment
designated for employee housing contains at least five dwelling units, a maximum of 20
percent of these units may be developed as market rate housing dwelling units. The
owner of a parcel of land must develop the market rate housing dwelling units as an
integral part of an affordable or employee housing project. In order for the market rate
housing dwelling units to be eligible for incentives outlined in this section, the owner
must ensure that:
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a. The use of the market rate housing dwelling unit is restricted for a period of at least 30
years to households that derive at least 70 percent of their household income from
gainful employment in the county; and
b. Tourist housing use and vacation rental use of the market rate dwelling unit is
prohibited.
(b) Inclusionary housing requirements.
(1) Purpose and intent. The purpose of this subsection (b), consistent with Goal 601 of the
Comprehensive Plan, is to ensure that the need for affordable housing is not exacerbated
by new residential development and redevelopment of existing affordable housing stock.
The intent of this subsection is to protect the existing affordable housing stock, to permit
owners of mobile homes and mobile home spaces to continue established mobile home
uses consistent with current building and safety standards and regulations and to ensure
that, as residential development, redevelopment and mobile home conversions occur,
Comprehensive Plan policies regarding affordable housing are implemented.
(2) Applicability._Except as provided in subsection (b)(3) of this section, the inclusionary
housing requirements set forth below shall apply. Determinations regarding the
applicability of this subsection shall be made by the pPlanning dDirector. For purposes of
calculating the number of affordable units required by this subsection, density bonuses
shall not be counted and only fractional requirements equal to or greater than .5 shall be
rounded up to the nearest whole number.
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
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
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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 project, 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.
(3) Exemptions and waivers.
a. The following uses shall be exempt from the inclusionary housing requirements set
forth in subsection (b)(2)a. of this section: affordable housing, employee housing,
nursing homes, or assisted care living facilities.
b. The BOCC may reduce, adjust, or waive the requirements set forth in this subsection
(b) where, based on specific findings of fact, the board concludes, with respect to any
developer or property owner, that:
1. Strict application of the requirements would produce a result inconsistent with the
Comprehensive Plan or the purpose and intent of this subsection;
2. Due to the nature of the proposed residential development, the development
furthers Comprehensive Plan policies and the purpose and intent of this
subsection through means other than strict compliance with the requirements set
forth herein;
The developer or property owner demonstrates an absence of any reasonable
relationship between the impact of the proposed residential development and
requirements of this subsection (b); or
4. The strict application with the requirements set forth herein would improperly
deprive or deny the developer or property owner of constitutional or statutory
rights.
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c. Any developer or property owner who believes that he may be eligible for relief from
the strict application of this section may petition the BOCC for relief under this
subsection (b)(3) of this section. Any petitioner for relief hereunder shall provide
evidentiary and legal justification for any reduction, adjustment or waiver of any
requirements under this section.
(4) Alternate compliance.
a. Compliance with this subsection may be achieved through the deed - restriction of
existing dwelling units requiring that the affected units remain subject to the county's
affordable housing restrictions for a period not less than the period prescribed in
subsection (5)(c)3., below, according to administrative procedures established by the
county.
The following example is set forth to illustrate potential application options:
Example: Owner /developer has 100 development rights
Option 1: Owner /developer may build up to 70 market rate units and shall build
30 affordable units (using conventional compliance method.) The owner's 100
development rights yield a ratio of 70 market rate units and 30 affordable units.
Option 2: Owner /developer may build up to 70 market rate units and shall
purchase and deed - restrict 30 existing market rate units (in lieu of building 30
new affordable units.) The owner's 100 development rights again yield a ratio of
70 market rate units to 30 affordable units.
Option 3: Owner /developer may build up to 100 new market rates. If the
developer wishes to use all 100 development rights for market rate development,
his inclusionary compliance requirement to purchase and deed - restrict existing
market rate units increases, and in this case for example, calculates to 43 total
affordable units. (The owner's 100 development rights yield a ratio of 100 market
rate units to 43 affordable units, which is equivalent to the ratio of 70 market
rates to 30 affordables: 100/43 = 70/30.)
b. In -lieu fees. The developer of a project subject to the requirements of this subsection
(b) may contribute a fee in -lieu of the inclusionary housing requirements for all or a
percentage of the affordable housing units required by subsection (b)(2). The
developer shall pay per unit in -lieu fees the current maximum sales price for a one-
bedroom affordable unit as established under sSection 130- 161(a). All in -lieu fees
shall be deposited into the affordable housing trust fund and spent solely for the
purposes allowed for that fund. The developer, along with any corresponding in -lieu
fees, shall transfer to the county ownership of the associated ROGO- exempt
development rights for any affordable unit(s) required by this section for which the
in -lieu fee option is used.
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c. Land donation. Upon the acceptance of the BOCC of a proposed onsite or offsite
parcel (or parcels), a developer may satisfy the requirements of this subsection by
donating to the county, or other agency or not - for - profit organization approved by the
board, one IS or URM lot for each unit required but not provided through actual
construction or in -lieu fees (or a parcel or parcels of land zoned other than IS or URM
as long as the donated parcel(s) will support the development of an appropriate
number of affordable units). Lots or other parcels so provided shall not be subject to
environmental or other constraints that would prohibit immediate construction of
affordable housing units. The developer, along with any corresponding donated
parcel(s), shall transfer to the county ownership of the associated ROGO allocations
or ROGO- exempt development rights for any affordable unit(s) required under this
section.
(5) Applicable standards.
a. Incentives. All incentives and bonuses provided by the land development and other
regulations for the construction of affordable housing shall be available to builders of
affordable housing provided pursuant to this subsection (b) including, but not limited
to, density and floor area ratio bonuses, residential ROGO allocation set asides and
points, and impact fee waivers.
b. Developer financial responsibility.
1. If a developer does not elect to meet the requirements of subsection (b)(2) of this
section through alternative compliance as set forth in subsection (b)(4) of this
section, or obtain approval for an adjustment to, a partial exemption from or a
waiver of strict compliance pursuant to subsection (b)(3) of this section, the
developer must post a bond equivalent to 110 percent of the in -lieu fees that
otherwise would have been required through the in -lieu alternate compliance
option prior to the issuance of a building permit for any market rate units. The
county shall retain any bond money or guaranties in escrow until the affordable
housing is completed, or for a period of three years, whichever comes first. Upon
the issuance of certificates of occupancy for the affordable housing units, the
county shall release to the developer any bonds or guaranties relating to the
portion of the inclusionary housing requirement satisfied. If the developer has not
satisfied the requirements of this section by completing the required affordable
housing units within three years, all or the corresponding portion of the bond
funds shall be forfeited to the affordable housing trust fund.
2. If the applicant elects to pursue alternative compliance as set forth in subsection
(b)(4) of this section, any in -lieu fees must be paid or parcels donated prior to the
issuance of a building permit for any market rate unit.
c. Standards. Affordable housing provided pursuant to subsection (b)(2) of this section
shall comply with the standards set forth below and applications for development
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projects subject to these requirements and developers and property owners shall
provide to the county information and necessary legal assurances to demonstrate
current and continued compliance with these provisions, consistent with the
applicable enforcement mechanisms set forth in subsection (f) of this section, as
amended or supplemented from time to time. The county may institute any
appropriate legal action necessary to ensure compliance with this subsection.
1. Affordable housing units required pursuant to subsection (b)(2) of this section are
restricted to sales prices and annual rental amounts for households that shall not
exceed the adjusted gross annual income limits for moderate - income owner -
occupied or rental housing, as defined in sSection 101 -1;
2. Affordable housing units may be sold or rented only to persons whose total
household income does not exceed the adjusted gross annual income limits for
moderate - income as defined in sSection 101 -1;
3. Except as specifically provided otherwise herein, affordable housing dwelling units
are restricted for a period of 99 years to households that meet the requirements of
subsection (b)(5)c.2. of this section;
4. Affordable housing units provided pursuant to subsection (b)(2) of this section may
be provided on -site, off -site or through linkage with another off -site project as
provided in subsection (c) of this section;
5. Affordable housing units may not be used for tourist housing or vacation rental
use;
6. Each affordable unit provided pursuant to subsection (b)(2) of this section shall
contain a minimum of 400 square feet of habitable floor area and the average
enclosed habitable floor area of all units so provided shall be at least 700 square
feet;
7. Each affordable unit provided pursuant to subsection (b)(2) shall contain a
minimum of 400 square feet of habitable floor area; and during occupancy of any
affordable housing rental unit, not otherwise limited by state or federal statute or
rule concerning household income, a lessee household's annual income may
increase to an amount not to exceed 140 percent of the median household income
for the county, to be annually verified. If the income of the lessee household
exceeds this amount, the occupancy shall terminate at the end of the existing lease
term. The maximum lease for any term shall be three years or 36 months;
8. When determining eligibility criteria, the county shall assume family size as
indicated in the table set forth in subsection (a)(6)i. of this section. That table shall
not be used to establish the maximum number of individuals who actually live in
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the unit, but shall be used in conjunction with the eligibility requirements created
by the definition of "affordable housing" in sSection 101 -1;
9. The income of eligible households shall be determined by counting only the first
and highest paid 40 hours of employment per week of each unrelated adult. For a
household containing adults related by marriage or a domestic partnership
registered with the county, only the highest 60 hours of the combined
employment hours shall be counted, which shall be considered to be 75 percent of
the adjusted gross income. The income of dependents regardless of age shall not
be counted in calculating a household's income; and
10. The county will not issue certificates of occupancy for market rate units
associated with development or redevelopment projects subject to the provisions
of this subsection (b) unless and until certificates of occupancy have been issued
for required affordable housing units, lot donations are complete, or in -lieu fees
have been paid as provided herein.
(6) Monitoring and review.
The requirements of this subsection (b) shall be monitored to ensure effective and equitable
application. Every two years following the effective date of the ordinance from which
this section is derived, the planning director shall provide to the BOCC a report
describing the impact of this subsection on the provision of affordable housing and other
market or socioeconomic conditions influencing or being influenced by these
requirements. Issues such as affordability thresholds, inclusionary requirements, and the
impacts of these provisions on the affordable housing inventory and housing needs in the
county shall be addressed, in addition to other matters deemed relevant by the director.
(c) Linkage of projects.
Two or more development projects that are required to provide affordable housing may be linked
to allow the affordable housing requirement of one development project to be built at the site of
another project, so long as the affordable housing requirement of the latter development is
fulfilled as well. The project containing the affordable units must be built either before or
simultaneously with the project without, or with fewer than, the required affordable units.
Sequencing of construction of the affordable component of linked projects may be the subject of
the planning department or the planning commission's approval of a project. In addition, if a
developer builds more than the required number of affordable units at a development site, this
development project may be linked with a subsequent development project to allow compliance
with the subsequent development's affordable unit requirement. The linkage must be supplied by
the developer to the planning commission at the time of the subsequent development's
conditional use approval. Finally, all linkages under this subsection may occur between sites
within the county and in the cities of Key West, Marathon and Islamorada, subject to an
interlocal agreement, where appropriate; however, linkage must occur within the same
geographic planning area, i.e., lower middle and upper keys. All linkages must be approved via a
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covenant running in favor of the county, and if the linkage project lies within a city, also in favor
of that city. The covenant shall be placed upon two or more projects linked, stating how the
requirements for affordable housing are met for each project. The covenant shall be approved by
the BOCC and, if applicable, the participating municipality.
(d) Affordable housing trust fund.
The affordable housing trust fund (referred to as the "trust fund ") is established. The trust fund
shall be maintained with funds earmarked for the purposes of furthering affordable housing
initiatives in municipalities and unincorporated areas of the county. Monies deposited into the
trust fund shall not be commingled with general operating funds of the county. The trust fund
shall be used only for the following:
(1) Financial aid to developers as project grants for affordable housing construction;
(2) Financial aid to homebuyers as mortgage assistance, including, but not limited to, loans
or grants for down payment assistance;
(3) Financial incentives for the conversion of transient units to affordable residential units;
(4) Direct investment in or leveraging housing affordability through site acquisition, housing
development and housing conservation; or
(5) Other affordable housing purposes as may be established by resolution of the BOCC,
which shall act as trustees for the fund. The BOCC may enter into agreements or make
grants relating to the use of trust funds with or to the county housing authority or other
local government land or housing departments or agencies, a qualified community
housing development organization or nonprofit or for - profit developer of affordable or
employee housing, or a municipality within the county.
(e) Community housing development organization.
The BOCC may establish a nonprofit community housing development organization (CHDO),
pursuant to federal regulations governing such organizations, to serve as developer of affordable
housing units on county-owned property, including or located in the municipalities of the county,
upon interlocal agreement. In such event, the county may delegate to the community housing
development organization all or partial administration of the affordable housing trust fund.
(f) Administration and compliance.
(1) Before any building permit may be issued for any structure, portion or phase of a project
subject to this section, a restrictive covenant shall be approved by the Wwmh
Assistant County Administrator and county attorney and recorded in
the office of the clerk of the county to ensure compliance with the provision of this
section running in favor of the county and enforceable by the county and, if applicable, a
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participating municipality. The following requirements shall apply to these restrictive
covenants:
a. The covenants for any affordable or employee housing units shall be effective for a
period of at least 99 years.
b. The covenants shall not commence running until a certificate of occupancy has been
issued by the building official for the dwelling unit or dwelling units to which the
covenant or covenants apply.
(2) Restrictive covenants for housing subject to the provisions of this section shall be filed
that require compliance with the following:
a. Restricting affordable housing dwelling units to households meeting the income
requirements of subsection (a)(6)a. of this section;
b. Restricting employee housing dwelling units to households meeting the income and
employment requirements of subsection (a)(6)b. of this section;
c. Restricting market rate housing dwelling units to households meeting the employment
requirements of subsection (a)(8)a. of this section; and
d. Prohibiting tourist housing use or vacation rental use of any housing developed under
the provisions of this section.
(3) The eligibility of a potential owner- occupier or renter of an affordable, employee or
market rate housing dwelling unit, developed as part of an employee or affordable
housing project, shall be determined by the planning department upon submittal of an
affidavit of qualification to the planning department. The form of the affidavit shall be in
a form prescribed by the planning department. This eligibility shall be determined by the
planning department as follows:
a. At the time the potential owner either applies for affordable housing ROGO allocation,
or applies to purchase a unit that used affordable housing ROGO allocation; or
b. At the time the potential renter applies to occupy a residential unit that used an
affordable ROGO allocation.
(4) Except as provided in subsection (f)(5) of this section, the property owner of each
affordable employee or market rate housing dwelling unit, developed as part of an
affordable or employee housing project, shall be required to annually submit an affidavit
of qualification to the planning department verifying that the applicable employment and
income requirements of subsection (f)(2) of this section are met. The annual affidavit of
qualification shall be in a form prescribed by the pPlanning dDirector and shall be filed
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by the property owner upon receiving written notification by certified mail from the
planning department.
(5) The owner- occupant of an affordable, employee, or market rate housing dwelling unit,
developed as part of an affordable or employee housing project, who has received a
homestead exemption as provided for under the state statutes, is not required to submit an
annual affidavit of qualification as required above in subsection (f)(4) of this section if
that owner- occupant was qualified previously by the planning department. Prior to any
change in ownership (including, but not limited to: sale, assignment, devise, or
otherwise), the owner- occupant shall be required to provide documentation to the
planning department in a form prescribed by the planning director proving that the
potential occupying household is eligible to occupy that unit prior to a change in
ownership of the property.
(6) Failure to submit the required annual verification as required in subsection (f)(4) of this
section or failure to provide documentation prior to change in ownership required in
subsection (f)(5) of this section shall constitute a violation of the restrictive covenant, the
conditions of the certificate of occupancy and this Land Development Code.
(7) The restrictive covenants for affordable and employee housing required under this section
shall be approved by the Assistant County Administrator
and county attorney prior to the recording of the covenant and issuance of any building
permit.
(8) Upon written agreement between the pPlanning dDirector and an eligible governmental
or nongovernmental entity, the pPlanning #Director may authorize that entity to
administer the eligibility and compliance requirements for the pPlanning and
Environmental Resources dDepartment under subsections (f)(3), (f)(4), (f)(5) and (f)(6)
of this section. Under such an agreement, the eligible entity is authorized to qualify a
potential owner- occupier or renter of affordable, employee, or market rate housing
developed as part of an employee or affordable housing project, and annually verify the
employment and/or income eligibility of tenants pursuant to subsection (f)(2) of this
section. The entity shall still be required to provide the pPlannin and Environmental
Resources Department, by January 1 of each year, a written certification verifying that
tenants of each affordable, employee, or market rate housing meet the applicable
employment and income requirements of subsection (f)(2) of this section. The following
governmental and nongovernmental entities shall be eligible for this delegation of
authority:
a. The county housing authority, not - for - profit community development organizations,
pursuant to subsection (e) of this section, and other public entities established to
provide affordable housing;
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b. Private developers or other nongovernmental organizations participating in a
federal /state housing financial assistance or tax credit program or receiving some
form of direct financial assistance from the County; or
Nongovernmental organizations approved by the BOCC as affordable housing
providers.
(9) Should an entity fail to satisfactorily fulfill the terms and conditions of the written
agreement executed pursuant to subsection (f)(6) of this section, the pPlanning dDirector
shall provide written notice to the subject entity to show cause why the agreement should
not be terminated within 30 days. If the entity fails to respond or is unable to demonstrate
to the satisfaction of the pPlanning dDirector that it is meeting the terms and conditions
of its agreement, the agreement may be terminated by the pPlanning dDirector within 30
days of the written notice.
(g) Interlocal affordable rate of growth allocation agreements.
The BOCC may authorize interlocal agreements between the 6County and the cities of Marathon,
and Key West, and Islamorada, Village of Islands for the purpose of sharing residential rate of
growth affordable housing allocations. The interlocal agreements may be based upon a specific
project proposal within one or more jurisdictions or may be for a specific allocation of units on
an annual basis, from the county to a municipality or from a municipality to the county. All
allocations made available to a jurisdiction must meet the applicable affordable housing
requirements of the receiving jurisdiction's land development regulations and affordable housing
ordinances.
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<This section relocated from Section 130 -161.1 Text shown as existing is existing in 130 -
161.1>
Sec. 139 -2. Affordable #Housing +Incentive pPrograms.
(a) Purpose and intent. The intent of this section is to set forth a program to help incentivize
affordable housing development within Monroe County.
(b) Program 1: Transfer of ROGO Exemptions from Mobile Home Parks.
(1) Purpose and intent:
The intent of this program is to establish an appropriate incentive for mobile home park
owners to maintain mobile home park sites, mobile home developments in URM and
URM -L districts, and contiguous parcels under common ownership containing mobile
homes where any of the foregoing is presently serving as a primary source of affordable
housing in Monroe County (any of the foregoing being an "eligible sender site ") by
providing an alternative development strategy to straightforward market -rate
redevelopment. This program is intended to allow the transfer of market rate ROGO
exemptions associated with lawfully established dwelling units now existing at an
eligible sender site to be transferred to another site or sites in exchange for maintaining
an equal or greater number of deed - restricted affordable dwelling units within Monroe
County. This program seeks to address the housing needs of the Florida Keys as a
regional obligation.
This program provides an eligible sender site owner the opportunity to transfer market
rate ROGO exemptions currently associated with existing and lawfully established
dwelling units from eligible sender sites to receiver site(s) within Monroe County,
provided that it involves the pooling of affordable dwelling unit rights for redevelopment
at donated, purchased or otherwise appropriately deed - restricted sites, and transfer of
ROGO exemptions or allocations for the purpose of implementing and facilitating one or
more affordable housing projects. The provisions of this section shall control over all
contrary provisions of this Land Development Code related to the transferability of
ROGO exemptions.
(2) Procedure.
a. This transfer shall require an approved development agreement.
b. Minor conditional use approval is required to complete the transfer.
c. A development agreement shall not be required for an eligible sender site containing
ten or fewer mobile homes. For the purposes of this exception, property owners shall
not be permitted to subdivide by deed, split ownership or otherwise divide larger
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contiguous parcels containing more than ten mobile homes to create parcels
containing fewer than ten mobile homes.
(3) Development agreement requirements.
a. Sender site restrictions:
ROGO exemptions transferred under this program may be transferred on a 1 for 1
basis where the ROGO exemptions are to be transferred to single- family
residential lots or parcels within the same ROGO planning subarea. However,
where transfers are to be made to commercial or recreational working waterfronts
(as defined by Florida Statutes), or to multi- family projects in non -IS districts, the
transfers shall result in no fewer than two deed - restricted affordable or workforce
housing units remaining on an eligible sender site(s) for each market rate ROGO
exemption transferred. This section expresses the county's preference for transfer
of ROGO exemptions to single- family lots /parcels. The following examples are
set forth only to show some potential transfer scenarios. A given potential
scenario may depend upon availability of affordable ROGO allocations provided
by the county.
Example 1: Transfer on a 1 for 1 basis.
Existing 100 -unit mobile home park. A development agreement with the county
may, if approved, allow the owner to transfer up to 100 ROGO- exemptions to
single - family lots /parcels as long as an equivalent number of deed - restricted
affordable dwelling units remain or are created on one or more created on one or
more eligible sender site(s).
Example 2: Transfer on a 1 for 2 basis.
The same existing 100 -unit mobile home park. A development agreement with the
county may, if approved, allow the owner to transfer up to 50 ROGO- exemptions
to commercial or recreational working waterfront or multi - family projects in non-
IS districts, as long as at least twice as many deed - restricted affordable dwelling
units remain or are created on one or more eligible sender site(s).
Example 3: Transfer on both 1 for 1 and 1 for 2 basis.
The same existing 100 -unit mobile home park. A development agreement with the
county may, if approved, allow the owner to transfer up to 25 ROGO exemptions
to a commercial or recreational working waterfront Mixed Use parcel, and 50
ROGO- exemptions to single - family lots /parcels, as long as 100 deed - restricted
affordable dwelling units remain or are created on one or more eligible sender
site(s).
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2. The eligible sender site property(ies) shall be donated or sold to Monroe County,
or otherwise appropriately deed - restricted for long -term affordability. Prior to
acceptance of a donated or purchased parcel, all units to be maintained on site
shall pass a life safety inspection conducted in a manner prescribed by the
Monroe County Building Department. Monroe County may then lease the sender
site property to a party who will serve as lessee and sub - lessor of the eligible
sender site(s).
3. The number of transferred ROGO exemptions shall not exceed the number of
restricted affordable dwelling units maintained at the eligible sender sites.
4. The resulting development or redevelopment of affordable housing pursuant to
the governing development agreement will be targeted to serve as closely as
possible the following household income categories: 25 percent very low income
households, 25 percent low income households, 25 percent median income
households, and 25 percent moderate income households (or as otherwise
approved by the BOCC).
5. Lot rents and/or sales prices for resulting deed - restricted dwelling units shall be
established in accordance with restrictions outlined in Florida Statutes and /or the
Monroe County Code.
6. All units designated by the applicable development agreement to remain as deed
restricted affordable housing at the donated, purchased or appropriately deed -
restricted site(s) shall comply with hurricane standards established by the Florida
Building Code and habitability standards established under the Florida Landlord
and Tenant Act. Compliance shall be accomplished in a manner and within a
timeframe set forth in the development agreement or, if applicable, in the relevant
minor conditional use.
7. A development agreement proposed under this program shall not utilize more
than 50 percent of the existing affordable housing allocations then available to
Monroe County, unless otherwise approved by the BOCC.
8. All of the redeveloped or preserved affordable housing units, whether
redeveloped or retained at the original sender site(s), or at alternate or additional
locations, shall remain in the same planning sub - district as the original sender
site(s).
(4) Minor conditional use requirements.
a. Receiver site criteria:
1. The receiver site shall be located in a Tier III designated area.
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2. The receiver site shall not be located in a velocity (V) zone.
3. A property owner cannot receive a certificate of occupancy for any unit constructed
as a result of a transferred ROGO- exemption until all corresponding eligible
sender site units are completed and deed - restricted as affordable dwelling units.
4. All or any portion of the redeveloped or preserved affordable housing units may be
redeveloped or retained at one or more alternate or additional locations donated or
sold to Monroe County, identified in the Development Agreement and otherwise
compliant with the remainder of this section, including but not limited to the
requirements set forth in subsection (2)(c)(i)(2).
5. Transferred ROGO- exemptions shall remain in the same ROGO planning subarea.
(5) Nothing herein shall preclude the county's replacement of sender site dwelling units with
affordable allocations and recovery.and transfer of market -rate ROGO- exemptions from
the sender sites for use in administrative relief programs or other like purposes.
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