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Item I5
� L5 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: I.5 Agenda Item Summary #7032 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 N/A AGENDA ITEM WORDING: Discussion and direction on whether to direct staff to process a comprehensive plan and land development code amendment to move a portion of the 294 remaining Market Rate - Rate of Growth Ordinance (ROGO) units through 2026 to the affordable housing allocation pool. ITEM BACKGROUND: On the February 19, 2020, BOCC meeting, the BOCC discussed whether to direct staff to process a comprehensive plan and land development code amendment to: 1) move a portion of the 378 remaining Market Rate - Rate of Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in phase 1 of the hurricane evacuation model. At the February meeting, the BOCC did not decide on the potential shifting of market rate allocations to the affordable housing pool (BOCC members mentioned they were not in a position to make a decision and wanted staff to develop a menu of options). Additionally, also at the February meeting, the BOCC directed staff to start the process to accept the 300 workforce housing units. Since that meeting, staff has been working on preparing the draft amendments for the 300 Workforce Housing units (amendments still in development). The development of the draft amendments for the 300 Workforce Housing units is being processed separately from this agenda item. Staff estimates the following tentative schedule for the 300 Workforce Housing unit amendments: Comprehensive Plan 300 workforce early evacuation units • Community meeting July 28, 2020 • Development Review Committee (DRC) August 25, 2020 • Planning Commission (PC) October 28, 2020 or November 18, 2020 • BOCC January 2021 —Transmittal • BOCC March 2021 —Adoption Land Development Code 300 workforce early evacuation units Packet Pg. 2684 L5 • Community meeting July 28 • Development Review Committee (DRC) August 25, 2020 • Planning Commission (PC) October 28, 2020 or November 18, 2020 • BOCC March 2021 —Adoption It should be noted that the municipalities (Cities) of Islamorada, Marathon, and Key West have all amended their Comprehensive Plans to accept the 300 Workforce Housing units and those amendments were challenged. Hearings were held in December 2019, before Suzanne Van Wyk, an Administrative Law Judge assigned by the Division of Administrative Hearings. On April 24, 2020, Administrative Law Judge Van Wyk recommended approval of Marathon, Key West, and Islamorada's respective ordinances accepting the 300 ROGOs under the Workforce Housing Initiative. Currently, it is unknown when the final order will be issued (possibly late July) or if the final order may be challenged. The final outcome of the City's amendments are not known at this point. DISCUSSION ITEM Move a portion of the remaining 294 Market-Rate Rate of Growth Ordinance (ROGO) units to the affordable housing allocation pool? Since the February 19, 2020, BOCC meeting, staff has recalculated the available remaining allocations. There will be 294 market rate ROGO allocations available through 2026. Additionally, there are currently 63 moderate affordable ROGO allocations available (certain AFH allocations were returned to the County). Packet Pg. 2685 L5 Me£"ouaiy stsall dustarinitr XQQ9 ilkwations by K Q year, as provided in alw nke to owe ,1nnr�al Alloealon } , _ L- a kea rat ,_„ .'�17a lc � rcf�bin J Duly t� 21013 Dulyt . t01d 126 ;I 3 6 ¢ait 41 '01 h1 k'', uyl'- .., N ------ 1 Du I;t%.-1015 ri Dly i�};_t1l6 12 6_W�. ..�_. .... 378 ROGOs My t a 2016 hlt t O1 a 16 is total for . 11s t .201'' Dsty i".-2018I I^_G - remaining Duls 1+ Ju15 1' fDl3r I ROGOyears. — -.�., Dtly L 20t9 9dy,12" 0201. r26 � Note,it woWld July 1 t '0?es.rally 1"2,011 11 42'(ei4 5"rMal AE'll W111 take at2rYr57x,t 1s l; 7"1 l}I.o_:( 42664 trmlyb�le eo-suaaeo-Paa[W-lti@ year to process - Duly 1X ?4 Didt 1 t1 a i d 04 amendments to shift atlllocations. � "Wy I NO 1oLv Ix. ap s �,,... fw.SJi,.>hYA I oral a Sn I is of v aui 1�t t r i L lr . C4�° ale.spa Gee o4sc 13ip,Put,9sa-y o-;�caNrenai Drat-r u�1�,Dsi I� 1sI irIrel i aI i rl,ixatt+l E,T t 4 ,�1 ua " After 1 year to process amendments-314 remaining ROGOs.Assuming no change to gpg(remove 20 allocations)=a ROGDs remaining to considerfor a shift for market rate, Background:_ On January 22, 2020, the BOCC voted to extend the remaining market rate ROGOs out for an additional three (3)years from 2023 to 2026. As shown in the tables, the County will be awarding 64 market rate ROGOs annually through 2023 and then 62 market rate ROGOs annually from 2023 through 2026, instead of 126 annually through 2023. lira County Shall ci,rutall tylr 1'�QQ allocations by R Q ear, a, provided in the table below, Annual Adoration ......... _._.._. _._...... J € Year � Market rate � Affordable . 1 isily I d 2,ft,0 JIPIV 12,202 1 11 26 6 S iottl e (tot tt Jail l 202,1,11ily 12,�W2 Available le rtt irecli,ite;l°1 . ....... July k t,2 f12"- hA 12 2tl2� t to d ....I14,1°,2ta 4 � p ... ...................................... .................................................. Total 1 l 2 154) ( ""log lnia lark'two airttt i affordable � alJsxatioti for the Big Pure Key `No Marte Key � subarea dl MISIE tk jrttislep Pe area[LlITL-)cli kjinae q1 2�, Packet Pg. 2686 L5 See.138-24.Residential ROW Allocations. (ta).`t'aarnber=of aavadaaMe Caajnu a�tea sgdenizal ROGO s2lievaasetaam nit oxtssaobem of`narks rate meaidetstial ROGO s41ocatiota,.available ill etacla wasb mexa Of the aaumtueorpoxated C aaxity:slid tlae ioftl ntunbct of affordable tesidcutiaml ROGO aalltscatiom w il,ablc s,as,mityww"idc alaaoll be a& fofia>ww T.p, .... ......., w...p —m, ... '�mamstb ����lawcftitt�.�snare --Sift"fa asbrar'rs "4r £3 xl tt, a a � t 1,!4. '.2 0..� 9ual a} rostlw it Italy s omtl; as f glares l�ew d &i ................ ar 1 ova er KCY�" 28 Bat Page astsf'>ae Mane Kcaa w l � x r a'eaadr'artr k �seam a da f< a . »l�;fil�rr�ar�ar � a�u�rrr a ar �.w�.m Vcty Low,Lou,:weed ledasass 36 aaac�azaaa� :llrclertamc lsacamsaes 50* a'aaaeltaafrw o Rse aaaxata a £wax a3i sasses c a id No N Xaase Kc m s Current demand for Market Rate allocations: The table below shows the ROGO allocations awarded for market-rate units for the previous five (5) quarters. The demand for ROGO allocations in the Lower Keys remains relatively stable and is generally consistent with the number of allocations established per quarter for the Lower Keys. Note, there is a slight increased demand in Q2 Y28 for the Lower Keys. The demand for ROGO allocations in Big Pine Key/No Name Key continually exceeds the availability of allocations. The demand for ROGO allocation in the Upper Keys slightly outpaces the availability of allocations. ROGO Allocations Q2 Y27 Q3 Y27 Q4 Y27 Ql Y28 Q2 Y28 Lower Keys Available for Allocation 14 14 15 14 14 Total Applications Pending 13 21 20 14 22 Applications Approved for ROGO 13 21* 16 14 14 Applications remainin in ueue 0 0 4 0 8 moommoomm Big Pine Key/No Name Key Available for Allocation 2 2 2 2 2 Total Applications Pending 28 27 26 25 27 Applications Approved for ROGO 2 2 2 2 2 Applications remaining in queue _26 _25 24 _23 _25 Upper Keys Available for Allocation 15 15 16 15 15 Total Applications Pending 21 19 18 21 15 Applications Approved for ROGO 15 15 14* 15 10* Applications remaining in queue 6 4 4 6 5 *Includes 7 unused Allocations from Quarters i and 2. **Did not distribute all allocations due to limitation of the number of Tier I properties that may receive an allocation per ROGO year. Packet Pg. 2687 L5 At the February 19, 2020, meeting, staff presented some information for the BOCC's discussion on the potential shifting of market rate allocations to the affordable housing pool included—below are a few excerpts from the presentation: Legal LiablI itylr Considerations Inverse Condemnation nation • No significant(liability threat • standard: Whether the regulatory action a)interferes with investment-backed expectations and b) has a substantial economic impact can owner • Affordable housing allocation provides an economically viable use of prop,erty Bert Harris Act • Potential Liability(less potential liability if possible to qualify for a market rate allocation) • Standard: "when a specific action of a governmental entity has inordinately burdened an existing use of reel property or a vested it to a specific use of real property, the property owner of that real property is entitled to relief, w ich may include compensation for the actual (loss to the fair market value of the real property caused by the action of'government, as provided in this section.' 0.001(2)„Fla. stat. • "Inordinately rdenecil"does not include temporary impacts; regulatory restriction or limitation mast be permanent • If a pool of some market rate allocations remains, and owner can still qualif�r fo-r one cf the allocations instead of being forced to take an remains, allocation, it wauld tie more difficult fur the owner to argue the requisite"inordinate burden," even if they must wait longer • Potential liability would be difference between(a)fair market value with market rate allocation and (b)fair market value with affordable allocation Table of RGGO allocations awarded for market-rate units for the previous 10 yearn: MR Market No Homestead Homestead 1 with a ROGO Year Allocations PC code of 0 PC code of 1 Improvement Value Total Assessed Exemption Exemption Homestead Awarded (vacant) rSingie Family} Value Exemption (Bldg.) (teased RC=1) (based PC=1 J (based PC=9) 18 July 2009-July 201 a 123 45 77 $ 25,304,892.00 $ 46,867,742.00 47 30 38.96% __1-3 'Ju1y2010-Ju1y2011________1Q9_____-.________�S___________________g____ _____$___19:501,861.00__---.__$___37,498,206.00_ ________��________________��________,_____40.68f_____ 20 July 2011-July 2012 85 36 48 $ 14,724,702.00 $ 26,662,989.00 31 17 35.42% 21 July 2012-Ju1y2013 108 48 54 $ 17,927,571.00 $ 34,541,959.00 32 22 40.74% 22 July 2013-July 2014 88 26 60 $ 19,590,194.00 $ 33,444,044.00 33 27 45.00% 23 July 2014-July 2015 97 26 69 $ 23,470,923.00 $ 41,887,510.00 38 31 44.93% 24 July 2015-July 2016 122 25 96 $ 27,753,225.00 $ 49,096;469.00 66 30 31.25% 25 July 2016-July 2017 122 54 67 $ 20,576,031.00 $ 38,937,650.00 47 20 29.85% .............................................................. ...., ......... ........., 26 Ju1y2017Ju1y2018 126 93 33 $ 8;841,808.00 $ 26,248,097.00 29 4 12.12% 1 � 27 July 2018-July 2019 123 119 2 $ 438,747.00 $ 19,330;492.00 2 0 0.00% 7 1103 I.�,.m. 521 xN 65 $ 178,129,954.00 $ 354,515;156.00 360 4 205 w �_ 47% 51% 63.72% 36.28% We,17 pmpeh s have a d,ffc,.t PC C.dc(M,..d MUM-family_etc) .. 47% of awarded Market Rate allocations identified as Vacant by the Property Appraiser's Office. 5 1% of awarded Market Rate allocations identified as Single Family by the Property Appraiser's Office. For the built market rate units, approx. 64% are not homesteaded and 36% are homesteaded. Packet Pg. 2688 L5 Homestead Homestead Homestead %w€tha MR PCSe= NoHomestead' Exemption Est 1 Estimated PC notle= Total Assessed Exemption Est Exemption Homestead Tate[Est Taxable Umnoorpnrated RDDD Year AAwarded t t8€ngle. Exemption Est Taxable Nalae after Raw Property Tax otVaeant) value TaxableValue (haled Exemption Value mwage Awarded FamdYl Taxable Value Exemption of: Collected before Exemp0pn PC=1) (based PC=11 $50,000 IS'.July2009-1uly MD 123 45 77 $46,867,74200 $28607,582.78 $18,260,15922 30 $16,760,159.22 38.96°f $45367,742.00 5.5397 $251,32368 19 July2010-1u1y2011 109 48 59 $37,498206-00 $22244,69847 $15,25350753 24 $14,053,507.53 40.684/ $36298,206.00 62468 $226,74763 20°July 2011 My 2012 85 36 48 $26,66298900 $17219,847.06 $9,443,14194 17 $8,593,14194 35.42% $25812,989.00 6.3632 $164,25321 21 July 2012uly 2013 100 48 54 $34,541,959.00 $20,459,309.04 $14,072,64996 22 $12,972,549-96 40.74% $33,441,959.00 6.3924 $213,774.36 22',July 2013-duly 2014 88 26 60 $33,444,04400 $18,39422420 $15,049,81980 27 $13699,819.80 45.00( $32,094,044.00 6,3109 $202,54230 23',July 2014-July 2015 97 26 69 $41,887,51000 $23068,483.77 $18,819,02623 31 $17,269,026.23 44.93% $40,337,510.00 6,0741 $245,01407 24'„July 2015-July 2016 122 25 96 $49,096,469 00 $33 753 82244 $15,342 646 56 '. 30 $13 842,846.56 31.25% $47,596,469.00 5,6985 $271,228 48 25'July 2016 My 2017 122 54 67 $38,937,650.00 $27,314,470.90 $11,623,17910 20 $10,623,179..10 29.85b $37,937,650.00 5.3555 $203,1.75.06 26°July 2017-July 2018 126 93 33 $26,248697. 3666 50948 $3,1..81,587 52 4 $2,981,587 52 12.124/ $26 048,09700 5.3329 $138,911 90 27"„July 2018-July 2019 123 119 2. $19,330,492 DO $19,330,492.00 $Q00 0 $0.00 000% $19330,492.00 5.4329 $105,02063 1143 521 965 $354,515„158_00$233i4.6J,44A14 $121,445,717.86 $114,795,717.86 $344,265,1589@ $2,021,$181.371 47% it% $3,578.75 �S'US.15 Rs'MR rye ere en g Emu1e¢l €xa"°halt rt,WINg.& €an.,t61. Estimate of Property Tax Collected: $3,578.75 per Market Rate unit using estimated taxable value (bldg. & land) Market-ImprovementValue $12019 2018 °u1- lrs1P€rt1,,,rfymj}+1)+t{Iri ; 83,984 $185,842 Example AFH unit: Market M€scValue $0 $0 Market Land Value $6 357 $6,244 Upper Keys: built in 2017, .lust Market Value $190341 $192086 1,200sf, 99-year deed restriction, Total Assessed Value $190,341 $192,086 School Exempt Value $0 $0 moderate Income School Taxable Value $190 341 $192 086 .................. _. Ad Valorem Taxes $1 557.44 $1 604.56yi 2019 2 Example F' unit: $0 w Market Improvement Value $218,379 $0 Market Misc Value $D $0 Louver Keys: built in 2016, — Market Land Value— $118,252 $2,034 1,3€0sf, 99-year deed restriction, Just Market Vale $336,631 $2,034 , moderate Income Total Assessed Value $336,631 $2,034 School Exempt Value ($25,000) ($2,034) Ill a School Taxable Value $311,631 $0 Ad Valorem Taxes $2,738.20 n1a Estimated Property Tax Collected`-f$-3,578.75 per Market Rate unit using estimated taxable value(bldg-&land)-see previous slide -2019 2018 Market Improvement Value �$235,704 $235,704 MarketM€scValue $0 $0 Example MR unit: Market Land Value 179895 $123486 O� 1- Just Market Value $415 599 $358 790 � Muddle Keys: built in 2016, Total Assessed 1$4�1�5,599.....CBS 1400sf dry lot School Exempt Value 2s,lan0 $o 1 School Taxable Value $390 599 $358 790 Va� a�� Ad Valorem Taxes $3,652.36 As mentioned above, at the February meeting, the BOCC did not decide on the potential shifting of market rate allocations to the affordable housing pool (BOCC members mentioned they were not in Packet Pg. 2689 L5 a position to make a decision and wanted a staff to develop a menu of options). Staff has developed the following menu of options for the BOCC's consideration: 1. Take No action on shifting market rate allocations to the affordable housing pool and continue processing the amendment to accept the 300 workforce housing units. o Assuming the workforce housi unit amendments are adopted and effective based on the tentative pr c r ched l , by July 2021, the County should have. workforce (affordable) housing units, may have some remaining ainin affordable allocations (from the current . rid 314 market rate allocations (20 for Big Pima Key and 294 for the Upper& Lager Keys). o County may request affordable housing allocations from the municipalities through an int rl c l agreement between the sending local government and the County. There is no guaranteef the municipalities agreeing to transfer affordable allocations. NOTE, the development of the draft amendments for the 300 Workforce Housing units is being processed separately from this agenda item. Example only: Annual Allocation ROGO Year Market Rate Workforce Initiative Affordable Housing Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 July 13,2016—July 12,2017 126 July 13,2017—July 12,2018 126 July 13,2018—July 12,2019 126 July 13,2019—July 12,2020 126 568 total AFH July 13,2020—July 12,2021 64 (total available immediately) July 13,2021—July 12,2022 64 63 affordable ROGO July 13,2022—July 12,2023 64 allocations available July 13,2023—July 12,2024 62 314 300** July 13,2024—July 12,2025 62 July 13,2025—July 12,2026 62 TOTAL 1,260 300** 710* Packet Pg. 2690 L5 *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. **Monroe Countv establishes a new allocation category to accent and award 300 workforce housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative(Workforce Initiative).These allocations rectuire: ® rental occupancy for those individuals or families who derive at least 70%of their income as members of the workforce in Monroe Countv and who meet the affordable housing income categories ® to evacuate 48 hours in advance of tropical storm winds (Phase 1 of the 48-hr evacuation) of a rending major hurricane. Note,if the BOCC decides to take no action on shifting market rate allocations to the affordable housing pool and directs staff to not continue processing the amendment to accept the 300 workforce housing units: By July 2021, the County may have some remaining affordable allocations (from the current 63 and 314 market rate allocations (20 for Big Pine Key and 294 for the Upper& Lower Keys). o County may request affordable housing allocationsfrom the municipalities through an int rd c d agreement between the sending local government and the County. There is no guarantee of the municipalities r in to transfer affordable allocations. 2. Take Action on shifting market rate allocations to the affordable housing pool and direct staff to start the process and prepare draft amendments to shift### market rate allocations to the (general) affordable housing pool. Example below with 50 allocations shifted and an example with 50% of the allocations shifted. Example A with 50 allocations shifted: Annual Allocation ROGO Year Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 July 13,2016—July 12,2017 126 July 13,2017—July 12,2018 126 568 total AFH July 13,2018—July 12,2019 126 (total available immediately) July 13,2019—July 12,2020 126 63 affordable ROGO July 13,2020—July 12,2021 64 allocations available July 13,2021—July 12,2022 �4, 54 Shift 50 market rate July 13,2022—July 12,2023 54 allocations to the Affordable July 13,2023—July 12,2024 52 264 Housing Pool? July 13,2024—July 12,2025 4.2. 52 July 13,2025—July 12,2026 52 +50 allocations Packet Pg. 2691 L5 TOTAL -)24) 1,210 -7)kl* 760 i *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. Number of Dwelling Units Subarea ROGO Year: Julv 13, 2020-July 12, 2021 Upper Keys 31 Lower Ke s 29 64 Big Pine and No Name Kevs 4 ROGO Years: ROGO Years: + 24 July 13, 2023-July 12, 2024 July 13, 2021-July 12, 2022 July 13, 2024-July 12, 2025 July 13, 2022-July 12, 2023 July 13, 2025-July 12, 2026 Upper Keys v4 26 44 25 Lower Keys 24 2 23 Big Pine and No Name Keys 4 4 � 54+54+52+ Total market rate -64- 54 421 52 52+52=264 Affordable Dwelling Units Very Low, Low, and Median +50 allocations in the lower Incomes �444 410 income groups?Likely to be Moderate Incomes 350* built as multifamily. *Includes one annually or Big Pine Key and No Name Key • Assuming amendments i"ic dent are adopted and effective by early 2021, byJuly 2021, the County should have. ffordable housing ll c ti nand may have some remaining ff rd le allocations (from the current j�3j and 264 market mate allocations (20 for Frig Pine Key and 244 for the Upper& Lower d }r ). • County may request affordable housing ll c ti n from the municipalities through an int rl c l agreement between the sending local government and the County. There is no guaranteef the municipalities liti r in to transfer affordable ll c ti n . Example B with 50% allocations (157) shifted: Annual Allocation ROGO Year Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 July 13,2016—July 12,2017 126 July 13,2017—July 12,2018 126 568 total AFH July 13,2018—July 12,2019 126 (total available immediately) July 13,2019—July 12,2020 126 163 affordable ROGO i July 13,2020—July 12,2021 64 allocations available Shift 50%market rate allocations to the Affordable Housing Pool? Packet Pg. 2692 +157 allocations L5 July 13,2021—July 12,2022 f4 32 July 13,2022—July 12,2023 32 July 13,2023—July 12,2024 31 157 July 13,2024—July 12,2025 31 July 13,2025—July 12,2026 31 TOTAL -1 1,103 -:74-�-* 867* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. Number of Dwelling Units Subarea ROGO Year: Julv 13, 2020-Julv 12, 2021 Upper Kevs 31 Lower l s 29 64 Big Pine and No Name Kevs 4 ROGO Years: ROGO Years: + 24 U_ 2 2 July 13, 2023-July 12, 2024 July 13, 2021-July 12, 2022 July 13, 2024-July 12, 2025 July 13, 2022-July 12, 2023 July 13, 2025-July 12, 2026 Upper Keys - 14 -ilk 14 Lower Keys 2a), 14 2 13 Big Pine and No Name Keys 4 4 � 32+32+31+ Total market rate -64- 32 421 31 31+31=157 Affordable Dwelling Units Very Low, Low, and Median +157 allocations in the Incomes �444 517 lower income groups?Likely Moderate Incomes 350* to be built as multifamily. *Includes one annually or Big Pine Key and No Name Key • Assuming amendments i"ic dent are adopted and effective by early 2021, byJuly 2021, the County should have. 7 affordable housing dd c ti nand may have some remaining ff rdable allocations (from the current j�3j and 157 market mate allocations (20 for Frig Pine Key and 137 for the Upper& Lower i }e ). • County may request affordable housing dd c ti n from the municipalities through an int t`d c d agreement between the sending local government and the County. There is no guaranteef the municipalities liti r in to transfer affordable allocations. 3. Take Action on shifting market rate allocations to a new owner-occupied workforce affordable housing pool, limited to single family residences on Tier III, legally platted lots. Instead of shifting allocations to the (general) affordable housing pool, the County could create a new owner-occupied workforce affordable housing pool to be limited to owner- occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors, and meet the affordable housing income categories. Implement through a required deed restriction for the applicable income limit, and for Packet Pg. 2693 L5 earning 70% of income as members of the Workforce in Monroe County as well as include proof of a Homestead Exemption. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new owner-occupied workforce affordable housing pool. Example below with 50 allocations shifted. Annual Allocation ROGO Year Owner-Occux��ed Market Rate Workforce Affordable Affordable Housing Housing July 13,2013-July 12,2014 126 71 July 13,2014-July 12,2015 126 71 July 13,2015-July 12,2016 126 Shift 50 allocations to the New Owner July 13,2016-July 12,2017 126 Occupied July 13,2017-July 12,2018 126 Workforce Housing July 13,2018-July 12,2019 126 Pool? July 13,2019-July 12,2020 126 568 total AFH July 13,2020-July 12,2021 64 n/a (total available immediately) July 13,2021-July 12,2022 54 10** 63 affordable ROGO July 13,2022-July 12,2023 54 10** allocations available July 13,2023-July 12,2024 52 264 10** July 13,2024-July 12,2025 52 10** July 13,2025-July 12,2026 52 10** TOTAL _ 1,a1a sa** 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. **Limited to owner-occu ied individuals or families who are gainfully employed supplying goods and/or services to Monroe Countv residents or visitors and who derive at least 70% of their income as members of the Workforce in Monroe Countv and who meet the affordable housing income categories of the Monroe Countv Code. These allocations are limited to units located on a Tier III, legally Vatted lot and rLquire a restrictive covenant restricting the unit to owner-occupied individuals or families.Proof of Homestead Exemption,issued by the Monroe Countv Property A raiser`s office, must be supplied to the Planning Department within one (1) vear of the issuance of Certificate of Occupancy for the drivelling unit. Number of Dwelling Units Subarea ROGO Year: July 13, 2020-July 12, 2021 Upper Keys 31 Lower Kevs 29 64 Big Pine and No Name Kevs 4 ROGO Years: ROGO Years: - July 13, 2023-July 12, 2024 July 13, 2021-July 12, 2022 July 13, 2024-July 12, 2025 July 13, 2022-July 12, 2023 July 13, 2025-July 12, 2026 Upper Keys 4 26 -34 25 Lower Keys 24 23 Big Pine and No Name Keys 4 4 54+54+52+ 52+52=26r4 Packet Pg. 2694 L5 Total market rate 54 52 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes +50 allocations in moderate Moderate Incomes category?Likely moderate income 350* needed to address costs of land 50** (legally platted lot-individual sites for units). *Includes one annually for Big Pine Key and No Name Key **Limited to owner-occupied individuals or Lamilies who are gainLylly emploved supolviag .goods and/or services to Monroe Countv residents or visitors and wlzo derive at least 70 0 ®f their income as members o/'the Yi or or in Monroe Countv and who meet the atLordahle housiM income eaLgories o/'the Monroe Countv Code. • Assuming amendments are adopted and effective by early 2021, by July 2021, the County should have. new owner-occupied workforce ff rdabl housing allocations and may have some remaining ff rdabl allocations (from the current ) and 264 market gate allocations (20 for Frig line Key and 244 for the O County may request affordable housing allocations from the municipalities through an int rl c l agreement between the sending local government and the County. There is no guaranteef the municipalities t in to transfer affordableallocations. 4. Take Action on shifting market rate allocations to the affordable housing pool and to a new owner-occupied workforce affordable housing pool, limited to single family residences on Tier III, legally platted lots [combination of bath options 2 and 3 above]. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the (general) affordable housing pool and to create a new owner-occupied workforce affordable housing pool to be limited to owner-occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors, and meet the affordable housing income categories. Implement the workforce affordable housing pool through a required deed restriction for the applicable income limit, and for earning 70% of income as members of the Workforce in Monroe County as well as include proof of a Homestead Exemption. Example below with 50 allocations shifted to the affordable housing pool and 50 allocations shifted to a new owner-occupied workforce affordable housing pool. Annual Allocation ROGO Year Owner-Occux��ed Market Rate Workforce Affordable Affordable Housing Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 1 71 - Shift 50 allocations to the New Owner- Occupied Workforce Affordable Housing Packet Pg. 2695 Pool? L5 July 13,2015-July 12,2016 126 July 13,2016-July 12,2017 126 July 13,2017-July 12,2018 126 568 total AFH July 13,2018-July 12,2019 126 (total available immediately) July 13,2019-July 12,2020 126 63 affordable ROGO July 13,2020-July 12,2021 64 n/a allocations available July 13,2021-July 12,2022 44 10** Shift 50 market rate July 13,2022-July 12,2023 44 10** allocations to the Affordable Housing July 13,2023-July 12,2024 42 F214 10** Pool? July 13,2024-July 12,2025 42 10** July 13,2025-July 12,2026 42 10** +50 allacatians TOTAL 47240 1,160 sa** :'i4* 760* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. **Limited to owner-occu ied individuals or families who are gainfully employed supplying-goods and/or services to Monroe County residents or visitors and 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. These allocations are limited to units located on a Tier III, legally Vatted lot and rectuire a restrictive covenant restricting the unit to owner-occupied individuals or families.Proof of Homestead Exemption,issued by the Monroe County Property A raiser`s office, must be supplied to the Planning Department within one (1) vear of the issuance of Certificate of Occupancy for the dwelling unit. Number of Dwelling Units Subarea ROGO Year: Julv 13, 2020-July 12, 2021 Upper Kevs 31 Lower Kevs 29 64 Big Pine and No Name Kevs 4 ROGO Years: ROGO Years: - July 13, 2023-July 12, 2024 July 13, 2021-July 12, 2022 July 13, 2024-July 12, 2025 July 13, 2022-July 12, 2023 July 13, 2025-July 12, 2026 Upper Keys - 21 -34 22 Lower Keys =i�) 19 - 18 Big Pine and No Name Keys 4 4 Total market rate -64- 44 4 42+42=214 42 4 +4 = ,� � 214 Affordable Dwelling Units +50 allocations in the lower income Ver y Low Low, and Median = 44- 410* groups?Likely to be built as Incomes multifamily. Moderate Incomes 350* 50** +50 allocations in moderate category?Likely moderate income needed to address costs of land (legally platted lot-individual sites for units). Packet Pg. 2696 L5 *Includes one annually for Big Pine Key and No Name Key **Limited to owner-occupied individuals or families who are gainfully employed supplying goods and/or services to Monroe Countv residents or visitors and who derive at least 70% of their income as members of the Workforce in Monroe Countv and who meet the affordable housing income categories of the Monroe Countv Code, • Assuming amendments are adopted and effective by early 2021, by July 2021, the County ty hould have. affordable housing allocationsd may have some remaining affordable allocations (from the current 3 and 50 new owner- occupied workforce affordable housing allocationsand market rate allocations (20 for Big Bins Key and 194 for the Upper& Lowe _Keys). • County ty may request affordable housing allocationsfrom the municipalities nisi liti through an int rl c l agreement between the sending local government and the County.ty. There is no guaranteef the municipalities nisi liti agreeing to transfer affordable allocations. 5. Take No action on shifting market rate allocations to the affordable housing pool but direct staff to start the process and prepare draft amendments to shift### market rate allocations to a new workforce market rate pool. Instead of shifting allocations to the affordable housing pool, the County could create a new workforce market rate pool to be limited to owner-occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors,with NO INCOME CAP. Implement through a required deed restriction of the 70% income as members of the Workforce in Monroe County and proof of a Homestead Exemption. Example below with 50 allocations shifted. ROGO Year Annual Allocation Market Rate Workforce Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 Shift 50 allocations July 13,2016—July 12,2017 126 to the Workforce Market Rate July 13,2017—July 12,2018 126 Housing Pool? July 13,2018—July 12,2019 126 568 total AFH July 13,2019—July 12,2020 126 (total available immediately) July 13,2020—July 12,2021 64 n/a July 13,2021—July 12,2022 54 10** 63 affordable ROGO allocations available July 13,2022—July 12,2023 54 10** i July 13,2023—July 12,2024 52 H 10** Packet Pg. 2697 L5 July 13,2024-July 12,2025 f�-" 52 Ia** July 13,2025-July 12,2026 52 Ia** TOTAL 47240 1,210 Sa** 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. **Limited to owner:®ccupied individuals or families who are gainfully emploved supplying gods and/or sen,ices to Monroe Countv residents or visitors and who derive at least 70%of their income as members of the Workforce in Monroe Countv with NO INCOME CAP. • Assuming amendments are adopted and effective by early 2021, by July 2021, the County should 50 workforce market rate housing allocations, may have some remaining ff rd de allocations (from the current j�3j, and 264 market rate allocations (20 for Big Bins Key and 244 for the Upper& Lower d e ). • County may request affordable housing allocationsfrom the municipalities nisi liti through an int rl c l agreement between the sending local government and the County. There is no guaranteef the municipalities nisi liti agreeing to transfer affordable allocations. 6. Take No action on shifting market rate allocations to the affordable housing pool but direct staff to start the process and prepare draft amendments to require that future market rate allocations be limited to individuals or families who derive at least 70% of their income as members of the Workforce in Monroe Countv and are gainfully employed supplying goods and/or services to Monroe Countv residents or visitors,with NO INCOME CAP. Implement through a required deed restriction of the 70% income as members of the Workforce in Monroe County. ROGO Year Annual Allocation Market Rate Affordable Housing July 13,2013-July 12,2014 126 71 July 13,2014-July 12,2015 126 71 July 13,2015-July 12,2016 126 July 13,2016-July 12,2017 126 July 13,2017-July 12,2018 126 July 13,2018-July 12,2019 126 i July 13,2019-July 12,2020 126 568 total AFH July 13,2020-July 12,2021 64 (total available immediately) July 13,2021-July 12,2022 64** 63 affordable ROGO July 13,2022-July 12,2023 64** allocations available July 13,2023-July 12,2024 62** 3l4 i July 13,2024-July 12,2025 62** Packet Pg. 2698 L5 July 13,2025—July 12,2026 62** TOTAL 1,260 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. ** Beginning with ROGO Year July 13, 2021—July 12, 2022, all market rate allocations are limited to individuals or families who are gainfully employed supplying goods and/or services to Monroe County residents or visitors and who derive at least 70% of their income as members of the Workforce in Monroe County with NO INCOME CAP. Assuming amendmentsare adopted and effective by early 2021, by July 2021, the County may have some remaining ainin affordable allocations (from the current and 314 market rate allocations (20 for Big Pine Key and 294 for the Upper L wir Key ) that would _ limit t mo2jyp that derive t least /m f their inn members f the Workforce in Monroe G Lount . o County may request affordable housing allocationsfrom the municipalities through an int rl c l agreement between the sending local government and the County. There is no guaranteef the municipalities r in to transfer affordable allocations. 7. Take No action on shifting market rate allocations to the affordable housing pool but direct staff to start the process and prepare draft amendments to create a ROGO point category to award positive points to applicants in the market rate pool that agree to the limitations of: o Owner-occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors o For units located on a Tier III, legally platted lot and not within a velocity (V) zone or within a CBRS unit o Deed restriction for the 70% income as members of the Workforce in Monroe County (NO INCOME CAP) and proof of a Homestead Exemption. 1'xaryj� w....Creating a"workforce market rate" ROGO point category to award positive points. Policy 101.6.4: ROGO: Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. For all applications entering the Residential Permit Allocation system after July 13, 2016, the following point sand criteria shall apply: ... (#) Workforce Market Rate housing. The following- taoints shall be assigned to allocation yL)phcations for workforce market rate housing- units limited to owner-occupied individuals or families who are gainfully employed supol iy ng roods and/or services to Monroe County residents or visitors and who derive at least 70% of their income as members of the Workforce in Monroe Count Packet Pg. 2699 L5 Point Ass i rzmetzt: Criteria: Proposes a workLorce market rate housing-, earning-at least 7Q% oftheir income as members oLthe Wo k Loree in Monroe County . These points only apply to units located on a Tier L11. legal1v platted lot and not within a velocity (T) zone or within a C BR.S unit. Any unit developed with a wokorce market rate allocation shall require a restrictive covenant restricting- the unit to owner-occupied izzdividuals or families who are gainfully employed supolying goods and/or services +� to Monroe County residents or visitors and who derive at least 70% of their income as members off' the Ww�koee in Monroe County. The ROOO allocation applicant shall occupv the dwelling- unit for at least nine (92 months of each year. Occupancv by children or other immediate ..family members or dependents of the ROOO allocation applicant shall be considered occupancv by Applicant. Proof of'Homestead Exemption, issued by the Monroe County Property Appraiser's office, must be supplied to the Planning-Department within one (11 ey ar of the issuance of CertiLieate OLOeeupalicy Lor the dwelling unit. PREVIOUS RELEVANT BOCC ACTION: On June 13, 2018, at the State Cabinet meeting, the Florida Administration Commission approved the Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the initiative will work with DEO to amend their respective comprehensive plans to allow for additional building permits for rental workforce housing with the condition of early evacuation. Commissioner Rice called a special meeting for May 10, 2018, at 11 A.M. in Marathon, to provide the Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At the May 10, 2018, Special BOCC Meeting, the BOCC directed County staff to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting. On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018. On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item regarding the Keys Workforce Housing Initiative for the September 19, 2018, regular BOCC meeting. On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the state's initiative that address several concerns raised related to the enforceability of the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent that Packet Pg. 2700 L5 would require the state to award as many as 10,000 additional units in the future. On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3) options for consideration by the BOCC: 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026; 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. On January 22, 2020, the BOCC directed staff to prepare an agenda item to discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to: 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model. On January 22, 2020, the BOCC voted to extend the remaining market rate ROGOs out for an additional three (3)years from 2023 to 2026. On February 19, 2020 BOCC meeting, the BOCC discussed whether to direct staff to process a comprehensive plan and land development code amendment to: j) move a portion of the 378 remaining Market Rate - Rate of Growth Ordinance (ROGO) units through 2026 to the Affordable Housing allocation pool and/or 2 accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in phase 1 of the hurricane evacuation model. The BOCC did not decide on the potential shifting of market rate allocations to the affordable housing pool but did direct staff to start the process to accept the 300 workforce housing units. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff seeks direction on the seven (7) options provided. DOCUMENTATION: AIS_Feb 19 2020 BOCC_I7_300 Units and shifting allocations discussion Seven Options for BOCC Consideration Feb 19 2020 BOCC meeting minutes Takings Claims Bill Whitepaper January 2020 Summary of BOCC items on ROGOs and Workforce 300 early evac units 2020 Monroe County AFH Income Limits and Rates Marathon example BPAS_Market Rate Owner-occupied Allocation Pool F.S. 196.015 Permanent Residency by the property appraiser_homestead exemption F.S. 222.17 Manifesting and Evidencing Domicile in Florida clerk of the court Packet Pg. 2701 L5 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: N/A Additional Details: REVIEWED BY: Emily Schemper Completed 06/24/2020 11:36 AM Peter Morris Completed 06/29/2020 11:00 AM Assistant County Administrator Christine Hurley Completed 06/29/2020 12:56 PM Purchasing Completed 06/29/2020 12:57 PM Budget and Finance Completed 06/29/2020 4:03 PM Maria Slavik Completed 06/29/2020 4:11 PM Kathy Peters Completed 06/29/2020 4:21 PM Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg. 2702 1.5.a J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �� r�l � � Mayor Heather Carruthers,District 3 Ile Florida Keys � � �r ��] 1 Mayor Pro Tem Michelle Coldiron,District 2 CL V11 Craig Cates,District I \, David Rice,District 4 Sylvia J.Murphy,District 5 0 County Commission Meeting February 19, 2020 Agenda Item Number: I.7 Agenda Item Summary #6539 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources c 4, 0 TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 E 2:30 P.M. c AGENDA ITEM WORDING: Discussion and direction on whether to direct staff to process a comprehensive plan and land development code amendment to: 1) move a portion of the 378 remaining market rate Rate of Growth Ordinance (ROGO) units through 2026 to the affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in phase 1 of the hurricane evacuation model T) ITEM BACKGROUND: On January 22, 2020, the Board of County Commissioners (BOCC) directed staff to prepare an agenda item to discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to: 1) move a portion of the remaining 378 market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing M allocation pool Further, after the meeting, some commissioners asked staff to also add to the discussion whether to accept the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO)required to evacuate in Phase 1 of the Hurricane Evacuation model Move a portion of the remaining 368 market-rate Rate of Growth Ordinance (ROGO) units to the affordable housing allocation pool On January 22, 2020, the BOCC voted to extend the remaining market rate ROGOs out for an additional three (3) years from 2023 to 2026. The tables below show how this change affects the ca allocations on an annual basis, and within each subarea. N As shown in the 1st table, the County will be awarding 64 market rate ROGOs annually through 2023 and then 62 market rate ROGOs annually from 2023 through 2026, instead of 126 annually through 2023. LL Packet Pg. 2703 CL U "Itic Couniv all distribute Amallons by 11 nided i the table year, as prc below, M Annual Allocarion 0 Year Nxlark rate Affordable ...................——------------- 0 July 13,2013-July 1-1,2014 126 -71 cn July 1 X, 201 -a fuly 12,2015 126 IT -------------------- Julv 13.201 a,JuIv 12,201 126 July 13.2016-July 12,2017 1-76 E .................................................................................----------------- CD July 13�201 -July I hily 13,2018-JuINy 12,2019 IN 0 E July 13,2019-July, 12,2020 12 6 0 E JuIv, 13.202051,11y 12-2021 —I-m 0�4-------- -- 568 10,111 AtIJ 00101 Julv- 13,20';1 1-Job; 12,2022 126(4 avidable Ininlediately:l 0 July 13-2022-July 12, 2 0-23 I 64 Nt-V 11- JWV-JiLip�4 62 0 July I 2025-July 12-201-116 6-1 ----—-—-----—------------------------------------------------------- ,-I'rIIIIIIII-I----------------------! --------------111111111-1-----------I-------------- ----------- Total 1.260 71011 Imicludes two atrutial at tdable R �,r the Big Nue Key No Narne K tou to 0 QQ slibarea t1 rousli 111-It cideutal Takefjmjl --—----------- ,d The 2 table shows how those units will be divided among each ROGO subarea as follows: Sv,c. 138-24,Residtatial ROGO Allocation%,. T j�, (a),Yumber aflnuaj Or'seedential ROG()dillocarawLS, TIc arum xr Of anus A-01 ralc I rcsidcnti��,41 ROGOallocatious avililabIC ill cmj,a mi1xvica Orthc klill"ItcolImlated ccnwtyaUld thr total nulubcrof iifforklabic I-C earl outial R(X r allocations avvulablc Colurly%%ide Audl tv as followc Units ........................................................ I Subarea _4, 2- :1b .. . 2,20 .. Ad I,, 24 0 Kcv% 41 31 CO —-11 ............... CD �ONVCr -f4 C44 Pare wM N mum Ke �J CD ,�S'! , —a CN 41-2�1611 U- Vcny Lom.Lomv.ar4d Med i�;,ui 360+ U) lac sacs MMICs Ate]XISCO'llici 50, ----------------- I tic ludes one mialall for TINg Pinej ey aud No Name&cv ............................................... E Packet Pg. 2704 1.5.a CL As of January 23, 2020, there are now 10 affordable ROGO allocations available to allocate through 2026. 0 Corr nt affordable 0 balar ce- B7 (1 41:`fiery LOW/Low/median; 2.25 Moderate) Pertidinqq PLO"etas re rririn : brda i il" a c Development Allocations Note oeraCounty B�a5 112 / 020 ardarn for reservation) Conch Key (10 L Lj e ) Coco Palms project Cudjoe 1.6 (1/2 /2020 agenda item for reservation) (1 /L/ ed; 5 Mod) Wreckers Lair{ 280 11/22/,2020 agenda item for reservation) (14 /L/ edA 1440 Mod) S hrooI Board Sugarloaf 20 (no reservation request yet, BOCC h7a�s adopted Corp Plan Subarea Poficy fo!r 0 affordadle ho sing parr thus site) ` uhtr st Landingx Stock; 1 (no reservation'- building permit already Island submitted and under revie )" Potential Balance if all above 10 N are op proved/alIoc t dl 1 111me,d, 10 Mod) (n The table below shows the ROGO allocations awarded for market-rate units for the previous four(4) quarters. The demand for ROGO allocation in the Lower Keys remains relatively stable and is ° consistent with the number of allocations established per quarter for the Lower Keys. The demand for ROGO allocations in Big Pine Key/No Name Key continually exceeds the availability of n allocations. The demand for ROGO allocation in the Upper Keys slightly outpaces the availability of allocations. c M ROGO Allocations Q2 Y27 Q3 Y27 Q4 Y27 Q1 Y28 _ Lower Keys — Available for Allocation 14 14 15 14 Total Applications Pending 13 21 20 14 Applications Approved for ROGO 13 1 21- 16 14 d_n Applications remaining in queue 0 0 4 0 2 Big Pine Key/No Name Key I Available for Allocation 2 2 2 2 I Total Applications Pending 28 27 26 25 Applications Approved for ROGO 2 2 2 2 Applications remaining in queue 26 25 24 2 cv cv Upper Keys Available for Allocation 15 15 16 15 Total Applications Pending 21 19 18 21 UI Applications Approved for ROGO 15 15 14* 15 v) e( A lications remaining in queue 4 4 6 *Includes 7 unused Allocations from Quarters 1 and 2. Packet Pg. 2705 1.5.a CL **Did not distribute all allocations due to limitation of the number of Tier I properties that may receive an allocation per ROGO year. c 0 Accent the 300 Workforce Housing units offered by the Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model. On January 30, 2019, the BOCC last discussed and did not agree to accept up to 300 units offered on May 2, 2018, by then Governor Rick Scott and the Florida Department of Economic Opportunity ("DEO") for a Keys Workforce Housing Initiative. The proposed initiative would allow 1,300 � additional Rate of Growth Ordinance (ROGO) allocations throughout the Florida Keys (ROGOs or c E Building Permit Allocation Systems) for rental workforce housing, with a condition that the rental - occupants evacuate in the early phase (48-hour window) of a hurricane evacuation. Any E development receiving the units would be required to sign a rental management agreement °' indicating they would be required to assure the evacuation of all occupants of the development. Under the initiative, each jurisdiction would be eligible to receive up to 300 of these units. The BOCC only has permitting authority and jurisdiction over the unincorporated areas of the County so its decision is limited to up to 300 allocations for the unincorporated area. The DEO issued the graphic below that demonstrates the 2012 Hurricane Evacuation model results ° that indicated there were still 6.5 hours of additional road capacity in Phase 1 of the hurricane evacuation model_ V. g� ,r g , ,,,, c 0 Ln „ ATE LAW RCV S A HUR RE Ek�AC 7l CLEAVE T T y �, t8 PMAKIN RESULTS PF iD LION N E4 NORM COMPUTER MODFUNS tS USED TO WEPSY ON EtE MCERKS W � 2 k, t r r � s v, a = � `s 1 ..... 2'. = ........ ......... THATE IN + I-H-HOUR TIME . i PERIODTHERE'�IS HOW ®i OF ADDITIONALUAD CAPACITY I 61 BOORS EB MACITY PRO L ALMUl 1BON' E ,y 4 r To DEED-_ , p9E U_ S.WHI IS BE i TO BE EVACUATED AT PBS BETE A HU ENIis. � The additional capacity of 6.5 hours in phase 1 (48hr evacuation) allows the additional 1,300 Keys Packet Pg. 2706 1.5.a CL Workforce Housing Initiative permits. It should be noted, that State will be conducting additional hurricane modeling after the 2020 Census 0 and the State legislature in HB 587 is currently proposing amending the Phase 2 evacuation from M 24hrs to 30hrs (adding 6 hours of capacity to the site built permanent resident evacuation phase). c While the results of the next Census is not known, using the results from the 2012 hurricane modeling, it is estimated the additional capacity of 6 hours equals approximately 7,538 additional residential units that could evacuate in phase 1. 2010 Census site-built units with full allocation for 10 years and all mobile homes 27 hours c (44,630+3,540+ 8,134)— E Evacuating Units 31,939 0 E All Units— Simultaneous Evacuation c 2010 Census site-built units,hotels, mobile homes, Military 35 hours (44,630+ 13,665 units + 8,134 units+2,025 vehicles) - Evacuating & 30 minutes Units 41,294 A i� 2010 Census site-built units with full allocation for 10 years with 1,248 0 mobile homes (projected conversion to site-built) [excludes 870 housing units sited on the NASKW] 24 hours y (43,760+3,540+ 1,248)— =� Evacuating Units 27,297 c Number of units divided by Results c Evacuation Time 41294/35.5 1,163.21 31939/27 1,182.93 27297/24 1,137.38 Average of Units results Avg (1,163.21; 1,182.93; 1,137.38) 1,161.17 above Number of proposed hours 30 hours * 1 161.17 34 835.12 Average Units Possible increase in units changing from the 24 hour 34,835.12-27,297 7,538.12 CO evacuation time to 30 hours N N Staff is seeking direction on whether to begin the Comprehensive Plan amendment process to accept the 300 units. U_ i It should be noted that Cities of Islamorada, Marathon, and Key West have all amended their Comprehensive Plans to accept their 300 units and those amendments have been challenged and have been heard by an administrative law judge. The outcome is not known at this point. E Packet Pg. 2707 1.5.a PREVIOUS RELEVANT BOCC ACTION: On June 13, 2018 at the State Cabinet meeting, the Florida Administration Commission approved the 0 Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the M initiative will work with DEO to amend their respective comprehensive plans to allow for additional c building permits for rental workforce housing with the condition of early evacuation. Commissioner Rice called a special meeting for May 10, 2018 at 11 a.m. in Marathon to provide the Commission and the public an opportunity to discuss the proposal prior to the Cabinet meeting. At E the May 10, 2018 Special BOCC Meeting, the BOCC directed County staff to discuss concerns identified with DEO and provide an update to the BOCC at the next meeting. E On May 16, 2018, the BOCC directed County staff to present the Board's questions and concerns 0 regarding the Workforce Initiative at the meeting with the State Cabinet on June 13, 2018. On August 15, 2018, the BOCC directed County staff to prepare a discussion and direction item regarding the Keys Workforce Housing Initiative for the September 19, 2018 regular BOCC meeting. y On September 19, 2018, the BOCC directed County staff to draft proposed policy alternatives to the state's initiative that address several concerns raised related to the enforceability of the evacuation provisions. Additionally, the BOCC asked the County Attorney to research whether the state's Florida Keys Workforce Housing Initiative, which, if implemented, would create a precedent that =� would require the state to award as many as 10,000 additional units in the future. c On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3) options for consideration by the BOCC: M 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026; 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; and 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. On January 22, 2020, the BOCC directed staff to prepare an agenda item to discuss and provide direction on whether to direct staff to process Comprehensive Plan and Land Development Code amendments to: 1) move a portion of market-rate Rate Of Growth Ordinance (ROGO) units to the affordable housing allocation pool and/or 2) accept the 300 Workforce Housing units offered by the as Department of Economic Opportunity (DEO) required to evacuate in Phase 1 of the Hurricane Evacuation model. On January 22, 2020, the BOCC voted to extend the remaining market rate ROGOs out for an additional three (3)years from 2023 to 2026. i CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 2708 1.5.a CL STAFF RECOMMENDATION: Staff recommends the BOCC discuss the item and provide appropriate direction to staff. 0 DOCUMENTATION: AIS_5158_300_Units 2 4 Previous ROGO Quarters Evacuation_Images Takings Claims Bill Whitepaper January 2020 300 units Policies_strikethrough_V2_02.19.2020 FINANCIAL IMPACT: c 4, 0 Effective Date: Expiration Date: c Total Dollar Value of Contract: Total Cost to County: y Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: c Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: N REVIEWED BY: i Emily Schemper Completed 01/29/2020 10:36 PM Steve Williams Completed 01/31/2020 10:26 AM Maureen Proffitt Completed 01/31/2020 10:40 AM Assistant County Administrator Christine Hurley Completed 01/31/2020 12:33 PM N Budget and Finance Completed 01/31/2020 3:38 PM Maria Slavik Completed 02/03/2020 10:12 AM Kathy Peters Completed 02/03/2020 3:14 PM U-i Board of County Commissioners Pending 02/19/2020 9:00 AM v) ct Packet Pg. 2709 L5.b Menu of options for the BOCC's consideration 1. Take no Action on shifting market rate allocations to the affordable housing pool and continue processing the amendment to accept the 300 workforce housing units. o Assuming the 300 workforce housi unit amendments are adopted and effective based on the tentative pr c r schedule, by July 2021, the County should have. workforce (affordable) housing units,, may have some remaining ainin affordable allocations (from the current j�3j and 314 market rate allocations (20 for Big Pine Key and 294 for the � Upper& Lager Keys). O County may request affordable housing allocationsfrom the municipalities liti through an inn rl c l agreement between the sending local government and the County. There is n guarantee f the municipalities liti r in to transfer affordable allocations. NOTE,the development of the draft amendments for the 300 Workforce Housing units is being processed u separately from this agenda item. Example only: E CD Annual Allocation ROGO Year Market Rate Workforce Initiative Affordable Housing housing E July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 July 13,2016—July 12,2017 126 July 13,2017—July 12,2018 126 c July 13,2018—July 12,2019 126 July 13,2019—July 12,2020 126 568 total AFH July 13,2020—July 12,2021 64 (total available immediately) 0 July 13,2021—July 12,2022 64 U 63 affordable ROGO July 13,2022—July 12,2023 64 allocations available July 13,2023—July 12,2024 62 314 300** July 13,2024—July 12,2025 62 y July 13,2025—July 12,2026 62 TOTAL 1,260 300** 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. **Monroe Countv establishes a new allocation category to accent and award 300 workforce housing early evacuation unit ;; building permit allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce Initiative). These allocations require: E ® rental occupancy for those individuals or families who derive at least 70% of their income as members of the workforce in Monroe Countv and who meet the affordable housing income categories ® to evacuate 48 hours in advance of tropical storm winds (Phase 1 of the 48-hr evacuation) of a rending major hurricane. Packet Pg. 2710 L5.b Menu of options for the BOCC's consideration Note,if the BOCC decides to take no action on shifting market rate allocations to the affordable housing pool and directs staff to not continue processing the amendment to accept the 300 workforce housing units: ca o ByJuly 2021, the County may have some remaining affordable allocations (from the current j�3j and 314 market rate allocations (20 for Big Pine Key and 294 for the Upper o County may request affordable housing allocations from the municipalities through an int rinc l agreement between the sending local government and the County. There i no guarantee of the municipalities agreeing to transfer affordable allocations. 0 c 4, 0 c c� c 0 0 Packet Pg. 2711 L5.b Menu of options for the BOCC's consideration 2. Take Action on shifting market rate allocations to the affordable housing pool and direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the (general) affordable housing pool. Example below with 50' allocations shifted and an example with 50% of the allocations shifted. Example A with 50 allocations shifted: 06 c. Annual Allocation ROGO Year Market Rate Affordable Housing July 13,2013 July 12,2014 126 71 c July 13,2014 July 12,2015 126 71 0 July 13,2015 July 12,2016 126 July 13,2016 July 12,2017 126 July 13,2017 July 12,2018 126 568 total AFH W July 13,2018 July 12,2019 126 (total available immediately) E July 13,2019-July 12,2020 126 63 affordable ROGO July 13,2020-July 12,2021 64 allocations available July 13,2021 July 12,2022 64, 54 Shift 50 market rate , July 13,2022 July 12,2023 64, 54 allocations to the Affordable E July 13,2023-July 12,2024 C 52 264 Housing Pool? C c July 13,2024-July 12,2025 52 W +50 allocati July 13,2025-July 12,2026 ED 52 U TOTAL -1 1,210 1:4�* 760* W *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. Number of Dwelling Units N Subarea ROGO Year: Julv 13, 2020- July 12, 2021 c Upper Keys 31 U Lower Kevs 29 64 U0 Big Pine and No Name Keys 4 ROGO Years: ROGO Years: 0 July 13, 2023- July 12, 2024Cn July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 � Upper Keys 4 26 J4 2 Lower Keys u) 24 21-8, 23 > Big Pine and No Name Keys 4 4 Total market rate 44- 54 52 454-4-54-4-52+ 52+52=264 A,fordable Dwelling Units Very Low, Low, and Median +50 allocations in the lower Incomes -,444i- 410` income groups?Likely to be < Moderate Incomes 350* built as multifamily. *Includes one annnally or Big Pine Key and No Name Key Packet Pg. 2712 L5.b Menu of options for the BOCC's consideration o Assuming amendmentsare adopted and effective by early 202 1, byJuly 2021, the County should have. ffordablehousing ll c ti nand may have some remaining ff rd l allocations (from the ccarrent.�L3J and 264 market rate allocations (20 for Frig Pine Key and 244 for the Upper& Lower Keys). _ O County ca may request affordable housing ll c ti n from the municipalities through n interl c l agreement between the sending local government and the County. There is n 06 guarantee f the municipalities r in to transfer affordable allocations. CL tJ Example B with 50% (157) allocations shifted: Annual Allocation ROGO Year c Market Rate Affordable Housing 0 July 13,2013 July 12,2014 126 71 July 13,2014 July 12,2015 126 71 July 13,2015 July 12,2016 126 July 13,2016 July 12,2017 126 July 13,2017 July 12,2018 126 C 568 total AFH July 13,2018 July 12,2019 126 (total available immediately) 0 July 13,2019-July 12,2020 126 63 affordable ROGO - July 13,2020-July 12,2021 64 allocations available July 13,2021 July 12,2022 32 - Shift 50%market rate July 13,2022 July 12,2023 32 allocations to the Affordable .2 July 13,2023-July 12,2024 31 157 Housing Pool? July 13,2024-July 12,2025 31 July 13,2025-July 12,2026 +157 allocations] llocations 31 � TOTAL 47240 1,103 =4-* 867* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. 0 CJ Number of Dwelling Units Subarea ROGO Year: Julv 13, 2020- July 12, 2021 Upper Keys 31 Lower Kevs 29 64 Big Pine and No Name Keys 4 ROGO Years: ROGO Years: : + 2 ,1 - �e, 2f July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 v) Upper Keys 4 14 J4 1 Lower Keys Qu) 14 21-8, 13 Big Pine and No Name Keys 4 4 �� 32+32+31+ Total market rate 44- 32 ��- 31 ,, 7 31+31=157 e( A,fordable Dwelling Units Very Low, Low, and Median + 157 allocations in the Incomes 4 517 lower income groups?Likely to be built as multifamily. Packet Pg. 2713 L5.b Menu of options for the BOCC's consideration Moderate Incomes 1 350* *Includes one annnally or Big Pine Key and No Name Key o Assuming amendmentsare adoptedand effective byearly2021, by,luly 2021, the County _ should have. 7 affordable housing ll c ti nand may have some remainingca affordable ll c tin (from the current j�3j and 157 market rate allocations (20 for Frig Pine Key and 137 for the Upper& Lower Keys). CL O County may request affordable housing ll c tin from the municipalities through an interl c l agreement between the sending local government and the County. There is n cu guarantee f the municipalities r in to transfer affordable allocations. 0 0 4, 0 tt7 0 tJ tJ tJ 0 Packet Pg. 2714 L5.b Menu of options for the BOCC's consideration 3. Take Action on shifting market rate allocations to a new owner-occupied workforce affordable housinE pool, limited to single family residences on Tier III, legally platted lots. Instead of shifting allocations to the (general) affordable housing pool,the County could create a new owner-occupied workforce affordable housing pool to be limited to owner-occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors, and meet the affordable housing income categories. Implement through a required deed restriction for the applicable income limit, and for earning 70% of income as members of the Workforce in Monroe County 0 as well as include proof of a Homestead Exemption. Direct staff to start the process y and prepare draft amendments to shift ### market rate allocations to the new owner-occupied workforce affordable housing pool. Example below with 50 allocations shifted. Annual Allocation > c ROGO Year Owner-Occupied Wor orce Market Rate Agg®rdable Housing Affordable Housing , July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 0 Shift 50 allocations July 13,2015—July 12,2016 126 to the New owner July 13,2016—July 12,2017 126 Occupied July 13,2017—July 12,2018 126 Workforce Affordable Housing July 13,2018—July 12,2019 126 Pool? c July 13,2019—July 12,2020 126 568 total AFH July 13,2020 July 12,2021 64 n/a (total available immediately) c July 13,2021—July 12,2022 54 10** U 63 affordable ROGO July 13,2022—July 12,2023 54 10** allocations available U July 13,2023—July 12,2024 4.2. 52 264 1a** 0 July 13,2024—July 12,2025 52 10** 0 July 13,2025—July 12,2026 52 10** TOTAL 47240 1,210 sa** 710* 0. *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. > **Limited to odvner-occuxjied individuals or families who are gainfully employed supplying goods and/or sen,ices to Monroe Countv residents or visitors and who derive at least 70%of their income as members of the Workforce in Monroe Countv and who meet the affordable housing income categories of the Monroe Countv Code.These allocations are limited to units located on a Tier III, 1ega11y 21atted lot and rectuire a restrictive covenant restricting the unit to owner-occupied individuals or families.Proof of Homestead ssued by the Monroe Countv Property ApI raiser`s office, must be supplied to the Planning Department within one (1) year of the issuance of Certificate of Occ v for the drivelling � unit. Packet Pg. 2715 L5.b Menu of options for the BOCC's consideration Number of Dwelling Units Subarea ROGO Year: July 13, 2020- July 12, 2021 Upper Keys 31 Lower Kevs 29 64 Big Pine and No Name Keys 4 U ROGO Years: ROGO Years: lc O J ;A' , ' - July 13, 2023- July 12, 2024 06 July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 c' U July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 Upper Keys - 26 :44 25 Lower Keys u) 2 -21-8, 23 c Big Pine and No Name Keys 4 4 � 454-4-54-4-52+ 0 Total market rate 44- 54 ��- 52 52+52-264 y Affordable Dwelling Units Very Low, Low, and Median 360* +50 allocations in moderate Incomes Moderate Incomes 350* category?Likely moderate income needed to address costs of land 50** (legally platted lot-individual sites for units). *Includes one annually for Big Pine Key and No Name Key E **Limited to owner-occupied individuals or Lamilies who are gain/ully emploved supplying gods , and/or services to Monroe Countv residents or visitors and who derive at least 70%of their income as E members®/'the Work once in Monroe Countv and who meet the aLLordahle housing income eaLgories � ®/'the ®nroe Countv Code. o Assuming amendmentsare adopted and effective by early 202 1, byJuly 202 1, the County should have. new owner-occupied workforce ff rd l housing allocations and may have some remaining ff rd l allocations (from the current nt ) and 264 market rate allocations (20 for Frig line Key and 244 for the Upper& Lower Keys). O County may request affordable finessing allocations from the municipalities through n 0) interinc l agreement between the sending local government and the County. There is no guarantee of the municipalities t in to transfer affordable allocations. 0 tJ tJ 0 Packet Pg. 2716 L5.b Menu of options for the BOCC's consideration 4. Take Action on shifting market rate allocations to the affordable housing pool and to a new owner-occupied workforce affordable housing pool, limited to single family residences on Tier III,le2ally platted lots [combination of both options 2 an 3 above]. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the (general) affordable housing pool and to create a new owner-occupied workforce affordable housing pool to be limited to owner- occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors, and meet the affordable housing income categories. Implement the workforce affordable 0 housing pool through a required deed restriction for the applicable income limit, y and for earning 70% of income as members of the Workforce in Monroe County as well as include proof of a Homestead Exemption. Example below with 50 allocations shifted to the affordable housing pool and 50 allocations shifted to a new owner-occupied workforce affordable housing pool. 0 Annual Allocation 0 ROGO Year Owner-Occuxlied workforce Market Rate Affordable Housing Affordable Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 Shift 50 allocations An July 13,2015—July 12,2016 126 to the New Owner- � July 13,2016—July 12,2017 126 Occupied c July 13,2017—July 12,2018 126 ®rkforee 568 total AFH Affordable Housing (total available immediately) July 13,2018—July 12,2019 126 Pool? July 13,2019—July 12,2020 126 63 affordable ROGO allocations available July 13,2020—July 12,2021 64 n/a U July 13,2021—July 12,2022 J 44 10** Shift 50 market rate July 13,2022—July 12,2023 44 10** allocations to the Affordable Housing July 13,2023—July 12,2024 4.2. 42 214 10** Pool? 0 July 13,2024—July 12,2025 42 1a** July 13,2025 July 12,2026 LL50 allocations 42 la** � TOTAL 47240 1,160 sa** 'W* 760* ch Packet Pg. 2717 L5.b Menu of options for the BOCC's consideration *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. **Limited to owner-oKML)ied individuals or families who are gainfully employed supplyigg goods and/or semices to Monroe Countv residents or visitors and who derive at least 70%of their income as members of the Workforce in Monroe Countv and who meet the affordable housing income categories of the Monroe Countv Code.These allocations are limited � to units located on a Tier III, 1ega11y 21atted lot and Egggire a restrictive covenant restricting the unit to owner-occupied C1 individuals or families.Proof of Homestead Lxemxttion,issued by the Monroe Countv Property Appraiser's office, must 06 be supplied to the Planning Department within one (1) year of the issuance of Certificate of Occ v for the drivelling a. unit. m Number of Dwelling Units c Subarea ROGO Year: July 13 2020- July 12 2021 c Upper Keys 31 Lower Kevs 29 64 Big Pine and No Name Ke s 4 ROGO Years: ROGO Years: July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 Upper Keys -i4 21 :4 22 E Lower Keys ill 19 21-8, 1 Big Pine and No Name Keys 4 4 44+44+42+ E Total market rate 44- 44 42 42+42=214 Affordable Dwelling Units +50 allocations in the lower income :5 Very Low, Low, and Median �� 410* groups?Likely to be built as � Incomes multifamily. p W Moderate Incomes 350* +50 allocations in moderate 50** category?Likely moderate income needed to address costs of land (legally platted lot-individual sites for units). *Includes one annually for Big Pine Key and No Name Key U U **Limited to owner-occupied individuals or families who are gainfully employed supplying goods � and/or services to Monroe Countv residents or visitors and who derive at least 70%of their income op as members of the Workforce in Monroe Countv and who meet the affordable housing income 0 categories of the Monroe Countv Code. y o Assuming amendmentsare adopted and effective by early 202 1, byJuly 2021, the County 0. should have. affordable housing allocationsd may have some remaining affordable allocations (from the current L3) and 50 new owner-occupied workforce ff rd l > housing ll c tr n and 214 market rate rid c ti n (20 for Big fine Key and 194 for the ) Upper& Lower Keys). O Count may request affordable housing from the rr unici liti through � interlace/agreement between the sending local government and the County. There is no U guarantee f the municipalities agreeing to transfer affordable allocations. Packet Pg. 2718 L5.b Menu of options for the BOCC's consideration 5. Take no Action on shifting market rate allocations to the affordable housing pool but direct staff to start the process and prepare draft amendments to shift ### market rate allocations to a new workforce market rate pool. Instead of shifting allocations to the affordable housing pool, the County could create a new workforce market rate pool to be limited to owner-occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors, with NO INCOME CAP. Implement through a required deed restriction for the 70% income as members of the Workforce in Monroe County and proof of a Homestead Exemption. Example below with 50 0 allocations shifted. y Annual Allocation �- ROGO Year Market Rate Workforce Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 CD July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 Shift 50 allocations , July 13,2016—July 12,2017 126 to the Workforce c Market Rate a, July 13,2017—July 12,2018 126 Housing Pool? July 13,2018—July 12,2019 126 2 568 total AFH July 13,2019—July 12,2020 126 (total available immediately) July 13,2020—July 12,2021 64 n/a p July 13,2021—July 12,2022 54 10** 63 affordable ROGO allocations available July 13,2022—July 12,2023 54 10** July 13,2023—July 12,2024 52 264 10** July 13,2024—July 12,2025 52 10** July 13,2025—July 12,2026 52 10** U TOTAL 47240 1,210 sa** 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. 4- **Limited to on2gr-occuxjkd individuals or families who are gainfully employed supplying goods and/or services to 0 Monroe Countv residents or visitors and who derive at least 70%of their income as members of the Workforce in Monroe County with NO INCOME CAP. 0. o Assuming amendmentsare adopted and effective byearly2021, byJuly2021, the County ) should 50 workforce market rate housing allocations, may have some remaining ff rdabl dd c tr rl (from the curr nt.�L3J, and 264 market rate allocations (20 for Big � Pine Key and 244 for the Upper& Lower Keys). � O County may request affordable housingdd c tr rl from the municipalities through an inn rd c d agreement between the sending local government and the County. There is guarantee f the municipalities liti reein to transfer affordable allocations. Packet Pg. 2719 L5.b Menu of options for the BOCC's consideration 6. Take no Action on shifting market rate allocations to the affordable housing pool but direct staff to start the process and prepare draft amendments to require that future market rate allocations be limited to individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and a are gainfully employed supplying goods and/or services to Monroe County residents or visitors, with NO INCOME CAP. Implement through a required deed restriction of the 70% income as members of the Workforce in Monroe County. Annual Allocation ROGO Year c Market Rate Affordable Housing 0 July 13,2013-July 12,2014 126 71 July 13,2014-July 12,2015 126 71 July 13,2015-July 12,2016 126 We July 13,2016-July 12,2017 126 July 13,2017-July 12,2018 126 C July 13,2018-July 12,2019 126 0 E July 13,2019-July 12,2020 126 568 total AFH July 13,2020-July 12,2021 64 (total available immediately) E July 13,2021-July 12,2022 64** July 13,2022-July 12,2023 64** 63 affordable ROGO 2 July 13,2023-July 12,2024 62** 314 allocations available July 13,2024-July 12,2025 62** July 13,2025-July 12,2026 62** 0 TOTAL 1,260 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take Permit(ITP)ending in 2023. ** Beginning with ROGO Year July 13, 2021-July 12, 2022, all market rate allocations are limited to U individuals or families who are gainfully employed supplying goods and/or services to Monroe County residents or visitors and who derive at least 70%of their income as members of the Workforce in Monroe County with NO INCOME CAP. � 0 o Assuming amendmentsare adopted and effective by early 2021, by,luly 2021, the County may have some remaining affordable allocations (from the current j�3j and 314 market rate allocations (20 for Big Bins Key and 294 for the Upper& Lower Key ) f would be � limit to occu gantsthat derive t least 70% of their income members f the Workforce > in Monroe Count U) o Count may request affordable housingdd cation frog th murk/ liti thro gh an interl c d agreement between the sending local government and the County. There is no E guarantee f the municipalities agreeing to transfer affordable allocations. Packet Pg. 2720 L5.b Menu of options for the BOCC's consideration 7. Take no Action on shifting market rate allocations to the affordable housing pool but direct staff to start the process and prepare draft amendments to create a ROGO point cate2ory to award positive points to applicants in the market rate pool that agree to the limitations of: 0 owner-occupied individuals or families who derive at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors o For units located on a Tier III, legally platted lot and not within a velocity (V) zone or within a CBRS unit o deed restriction for the 70% income as members of the Workforce in Monroe County (NO INCOME CAP) and proof of a Homestead Exemption. y xar pe w Creating a"workforce market rate"ROGO point category to award positive points. , Policy 101.6.4: ROGO: Monroe County shall implement the residential Permit Allocation and Point E System through its land development regulations based primarily on the Tier system of land classification as setforth under Goal 105. The points are intended to be applied cumulatively. For all applications entering the Residential Permit Allocation system after July 13, 2016, the followingpoint E 4- sand criteria shall apply: ... e E 0) (#) workforce Market Rate horsing. The Following-points shall be assigned to allocation applications r_ or workforce market rate housing- units limited to owner-occupied individuals or Families who are .2 ailifidly emploved'suoplving�goods andlor services to Monroe County residents or visitors and who � derive at least 70% of their income as members of the Workforce in Monroe Counter Point Assignment: Criteria: - - - - - - - - - - - 0 Proposes a workforce market rate housing-, earning-at least 70% of their income � as members of the WorkForce in Monroe Countv .. 0 U These points only apply to units located on a Tier III, legally platted lot and not U within a velocity (V) zone or within a CBR.S-unit. Any unit developed with a workforce market rate allocation shall require a 0 restrictive covenant restrictini the unit to owner-occupied individuals or Families 2 +6 who are gainfully employed sutapl iigg-oods andlor services to Monroe County residents or visitors and who derive at least 70% of their income as members of the Workforce in Monroe County. The ROGO allocation aL)alicant shall occi�ay the dwelling unit For at least nine (92 months of each Lear. Occupancv by children or other immediate Family members or dependents of the ROGO allocation yL)plicant shall be considered occupancv by Applicant. E ProoL of Homestead Exemption, issued by the Monroe County Pro lerty Appraiser's office, must be sut)phed to the Planning-Department within one U) vear of the issuance oFCertf sate oFOccupancy for the dwelling unit. Packet Pg. 2721 1.5.c MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, February 19, 2020 CL Key West, Florida m A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center. Present and answering to roll call were c Commissioner Craig Cates, Commissioner Michelle Coldiron, Commissioner Sylvia Murphy, Commissioner David Rice, and Mayor Heather Carruthers. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS &DELETIONS c Al Motion was made by Commissioner Murphy and seconded by Commissioner Rice granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried c unanimously. PRESENTATION OF AWARDS B 1 Presentation of Mayor's Proclamation declaring February 19, 2020 as League of Women Voters Day in Monroe County, Florida. B2 Presentation of Employee of the Year to James Steffen, Veterans Transportation Driver. E BULK APPROVALS Motion was made by Mayor Carruthers and seconded by Commissioner Coldiron granting approval of the following items by unanimous consent: ca CD C1 Board granted approval to amend and authorized renewal of the existing Contract with N Dion Fuels LLC for the third additional one-year term beginning March 15, 2020. C2 Board granted approval to advertise a Public Hearing to consider adoption of an Ordinance amending Chapter 13 of the Monroe County Code for the provision of additional fire protection and permit requirements, as well as set forth fees for periodic fire inspections. C3 Board granted approval to donate artifacts found on Pigeon Key Island during construction excavation for the Pigeon Key Ramp Rehabilitation Project, valued under $5,000.00, to Pigeon Key Foundation, a Not-for-Profit 501(C)(3) Organization, for display and exhibit in the on-site Pigeon Key Museum. IIPagr 012 19 2020 Packet Pg. 2722 1.5.c Murphy confirming the appointment with a three-month transition period. Roll call vote carried unanimously. PLANNING& ENVIRONMENTAL RESOURCES, BUILDING & CODE COMPLIANCE DEPARTMENTS I7 Ms. Schemper gave a Power Point Presentation on the discussion and direction on whether to direct staff to process a Comprehensive Plan and Land Development Code amendment to: 1) move a portion of the 378 remaining market rate Rate of Growth Ordinance units through 2026 to the Affordable Housing Allocation Pool; and/or, 2) accept the 300 workforce housing units offered by the Department of Economic Opportunity required to evacuate in phase 1 of the hurricane evacuation model. Mr. Shillinger, Lisa Tennyson, Legislative Affairs & Grants Acquisition Director; and Ms. Hurley addressed the Board. The following individuals addressed the Board: D.A. Aldridge, representing Last Stand; Jan Edelstein, representing Cudjoe Gardens Property Owner's Association; Stuart Schaffer, representing Sugarloaf Shores Property Owner's Association; and Dotti Moses. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates E to start the process to accept the 300 workforce housing units. Roll call vote was taken with the following results: 0 E 4, Commissioner Cates Yes c Commissioner Coldiron Yes Commissioner Murphy No Commissioner Rice Yes v`, Mayor Carruthers No Motion carried. Mayor Carruthers excused herself from the meeting. E CLOSED SESSIONS J1 Mr. Shillinger requested to continue the Attorney-Client Closed Session in the matter of Sunset Garden Estate Land Trust 211012014, by and through its Successor Trustee, Simtrust Group LLC, and Sunset Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460- ca CD P. Motion was made by Commissioner Rice and seconded by Commissioner Coldiron to N continue the item to next month's meeting in Key Largo. Motion carried unanimously. Mayor Carruthers returned to the meeting and took her seat. J2 Mr. Shillinger announced an Attorney-Client Closed Session in the matter of Monroe County BOCC v. Magnolia 101, LLC et al., Case No. 13-945-P and read the required language into the record pursuant to F.S. 286-011(8). Mr. Shillinger advised that the following persons would be present at the meeting: the County Commissioners, County Administrator Roman Gastesi; County Attorney Bob Shillinger, Assistant County Attorneys Peter Morris, Steve Williams, Cynthia Hall; and a certified court reporter. Packet Pg. 2723 I.5.d MONROE COUNTY THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN PRIVATE PROPERTY RIGHTS PROTECTION CHALLENGES ca The Florida Keys are designated as an Area of Critical State Concern (ACSC) by the State Legislature,pursuant to 06 F.S. 380.05. This designation gives the State oversight authority over development in the Florida Keys and limits the U number of residential housing permits that Monroe County and its municipalities may issue each year. The State imposes these growth restrictions in order to provide for the safety of residents in the event of a hurricane evacuation and to protect the significant natural resources. c 0 As a direct result of State's legislative and administrative growth restriction mandates,the County and municipalities y have adopted local ordinances such as Rate of Growth Ordinance (ROGO) to fairly and competitively allocate the limited number of permits. F The most recent hurricane modeling completed in 2012 by the Department of Economic Opportunity(DEO),pursuant M to Rule 28-20.140, F.A.C., found that no more than 10 more years' worth of building permits (a maximum of 3,550 permits) shall be issued for the Florida Keys without exceeding the statutory maximum allowed 24-hour evacuation clearance. In March 2013, the Governor and Cabinet, sitting as the State Administration Commission, approved the 0 recommendation to allocate no more than 3,550 building permits. E 0 To date, a total 2,129 permits of the 3,550 permits have been allocated, and 1,421 remain to be allocated. The Florida E Keys are fast approaching "buildout,"at which point additional permits may not be allocated by the State. The State of Florida and the local governments of the Florida Keys may face significant liability because the number of undeveloped, privately-owned parcels in the Florida Keys ACSC far exceeds the remaining permit allocations, leaving property owners without rights to build on their properties, as demonstrated in Table 1. Table 1:2018 Inventory of Privately-Owned,Vacant Parcels in Florida Keys and Approximate Land Value cv CD cv 2018 2018 2018 AREA NUMBER OF AVERAGE PARCEL APPROXIMATE VACANT PARCELS VALUE LAND VALUE* Key West ACSC 133 $397,235 $ 52,832,202 Unincorporated MC 7,033 $85,858 $603,840,749 Marathon 1,349 $100,481 $135,548,863 Layton 24 $123,928 $ 2,974,267 Key Colony Beach 81 $347,988 $ 28,187,020 _ Islamorada 1,070 $158,061 $169,125,630 TOTAL PARCELS 9,690 $102,426 $992,508,731 E TOTAL REMAINING ALLOCATIONS 1,421 CJ PARCELS TO PURCHASE AFTER ALLOCATIONS 8,269 $102,426 $846,961,269 y *Usnig December 2018 Monroe County Property Appraiser data REQUEST/NEED: TO PROTECT PRIVATE PROPERTY RIGHTS AND REDUCE LIABILITY: E 1) SUPPORT KB 587/SB 748 `TAKINGS CLAIMS IN AREAS OF CRITICAL STATE CONCERN' and 2) SUPPORT STATE FUNDING FOR LAND ACQUISITION IN FLORIDA KEYS ($5M a year from Florida Forever, as authorized in the Florida Keys Stewardship Act) Packet Pg. 2724 I.5.d TAKINGS:CASES,JOINT DEFENSE AND LIABILITY and the need for THE FLORIDA KEYS PROPERTY RIGHTS PROTECTION ACT The State-imposed growth limits have already prompted a number of inverse condemnation and other property rights p related suits when those property owners have been unable to obtain permits to build on undeveloped lots. 06 CL Since 2005, Monroe County and the State of Florida have been jointly defending multiple takings cases. The State and U the City of Marathon operated under a similar partnership in the two cases where that City was named as a defendant along with the State. This partnership provides for mutual litigation support and cooperation in exchange for an understanding that each entity would bear half of any liability imposed. 0 cu The alternative to the joint defense of these cases would be for the State and the local governments to both expend 2 public resource litigating against each other over the issue of apportionment, which would cause both unnecessary expense to the taxpayer and delay the property owner's receipt of full compensation. Such litigation between the State and County would severely undermine the cooperative approach taken to date which has resulted in successful defenses W in twenty-six(26) of the twenty-eight(28) claims. E In the two cases where liability was found, the joint defense partnership resulted in much lower damage awards than Cs the property owners were seeking. In both cases, the Trial Court imposed the liability jointly and severally against .9 both the State and the County, leaving both entities responsible for the full payment of the judgment. o With joint and several liability and given the State's lengthy appropriations process,Florida Keys' property owners who 0 obtain inverse condemnation and other property-rights related compensation awards may not have their awards timely _ paid due to delays in the State's lengthy and onerous appropriations process. For local governments, this might mean an undue burden of being sued for the entirety of the judgment, or having to pay accruing interest. N c� c� The Florida Keys Property Rights Protection Act will: cv CD • >Provide the property owner whose property a Court has determined has been taken as a result of the `V LN State-imposed growth limits with a more expedient and certain process for recovering the compensation' guaranteed under the U.S. and Florida Constitutions against both the local government and the State. • Clarify that the State and the local government that share joint and several liability are separately obligated to pay half of such judgments, including interest, attorneys'fees and costs. • Permit a local government found liable with the State as a result of claims based upon the State-imposed growth limits to satisfy the local government's 5'0%share of that liability to the property owner pursuant to its own budgetary procedures and cycle. y • Protect the financial interests of the the local government(and its local taxpayers)that shares joint and U several liability with the State from the being sued for the entirety of the judgment, or being negatively impacted by accruing interest on such judgments due to delays in the State's appropriation process. • Provide for an efficient and expedient method for the State to reimburse the local government for the State's half of any money paid by that local government for property rights claims brought in federal court. • Have a funding source: the 2014 voter-approved Florida Water and Land Conservation Initiative (Amendment 1) will generate an estimated $648 million to ;$1 billion a year for 20 years to fund the Land Acquisition Trust Fund,which could be used as asource offundingto pay inverse condemnation awards against the State. 21 P e M oiiroe C` or71i ( t' :: E, c c Nr- A RY 2020 Packet Pg. 2725 L5.d LAND ACQUISITION STRATEGIES TO REDUCE TAKINGS LIABILITY 1) STATE LAND ACQUISITION EFFORTS (via Florida Keys Stewardship Act and Florida Forever): Land acquisition is a key strategy to reduce the future takings liability.Recognizing this,the State legislature passed U the Florida Keys Stewardship Act in 2016 authorizing S5M a year (for 10 years for a total of S50M) for land _J acquisition in the Florida Keys under the State's primary land buying program,the Florida Forever Program. 06 Since 2016, with the passage of the Stewardship Act, Florida DEP/DSL has spent/encumbered $3.28M, retiring W 68.82 development rights. State DSL should aggressively pursue land acquisition in the Florida Keys because: 0 O OVER 3500 PRIVATELY-OWNED VACANT,UNDEVELOPED PARCELS LIE WITHIN THE FLORIDA FOREVER PROJECT BOUNDARIES (Table 2) Table 2:Analysis of Privately-Owned,Vacant Parcels Within Florida Forever Projects in the Florida Keys WITHIN THE FLORIDA FOREVER BOUNDARY NOT WITHIN THE FLORIDA FOREVER TOTAL COMBINED 01 NO. 2018 2018 NO. 2018 2018 NO. 2018 _ OF AVERAGE APPROX OF AVERAGE APPROX OF APPROX AREA PARCELS PARCEL TOTAL PARCELS PARCEL TOTALLAND PARCELS TOTAL O VALUE LAND VALUE VALUE VALUE LAND VALUE Key West 0 $0 $0 133 $397,235 $52,832,202 133 $52,832,202 O Unincorp MC 3,039 $14,348 $43,603,716 3,994 $140,270 $560,237,033 7,033 $603,840,749 Marathon 414 $10,948 $4,532,519 935 $140,124 $131,016,344 1,349 $135,548,863 Layton 4 $98 $392 20 $148,694 $2,973,875 24 $2,974,267 Key Colony 0 $0 $0 81 $347,988 $28,187,020 81 $28,187,020 Islamorada 77 $202,710 $15,608,696 993 $154,599 $153,516,934 1,070 $169,125,630 3,534 $18,038 $63,745,323 6,156 $150,871 $928,763,408 9,690 $992,508,731 W Allocations to be CV CD applied 1,421 CV After allocations 8,269 $846,961,269 2) COUNTY LAND ACQUISITION STRATEGIES AND COMMITMENT: A) Local Land Acquisition Program: Monroe County Board of County Commissioners implemented a land acquisition program to supplement the long standing efforts of the Monroe County Land Authority and those of the State of Florida. Ch Since passage of the Stewardship Act, Monroe County and the Monroe County Land Authority and have _ budgeted over $19.5M for land acquisition and spent/encumbered to date $10.2M, retiring 203.76 2 development rights. (County budgeted funds from its infrastructure sales tax fund.) U Ch B) Two willing seller programs to retire development rights have been implemented by Monroe County: • Density Reduction Lot acquisition program: Residential property owners sell parcels with development rights to the County.Density Reduction Lots may later be offered for sale with a deed restriction to prohibit the development of the property with new housing units. The revenue derived from the sale of these deed restricted properties can help replenish the funds necessary to retire more development rights. • Less Than Fee acquisition program: Residential property owners that own an adjacent vacant property may sell the development right on that vacant property to the County in exchange for legally allowed accessory uses on the adjacent parcel such as a pool, open yard or garage (and they retain ownership.) There are about 700 parcels in this category. 3 � � � <_; � Monroe CoriTi ( t' i� E, c c 20220 Packet Pg. 2726 LS.d C) County policies that help transition land into public ownership and incentivize development that eliminates privately owned vacant parcels: • Incentivize Dedication of Land - County adopted an amendment to encourage additional land dedication by providing additional points in ROGO/NROGO. _ • Discouragement Policy- County adopted an amendment to discourage private applications for FLUM amendments that increase density and intensity,as required by Rule 28-20.140,F.A.C.,unless mitigated by providing land(acreage or Improved Subdivision [IS] parcels) to the County. Created Commercial FLUM category (no residential component) - County adopted an amendment to m • provide options to re-designate property for other nonresidential uses (Provides alternative uses of 0 property). c • Revised NROGO to make the process simpler and encourage nonresidential redevelopment and development. Created the NROGO banks of untilized floor area to make NROGO easier to award. c Ch • Revised Lot Aggregation to encourage additional aggregation by increasing points awarded in ROGO. • Revised Land Dedication in ROGO to provide additional points and options for dedicating land to the County. • Revised transfer procedure for ROGO exemptions to provide the ability to transfer a market rate unit E from one location to another with the provision of affordable housing. • Adopted an Interim Development Ordinance limiting the transfer of market rate ROGO exemptions to c single-family residential legally platted lots (dispersing development rights and not grouping multiple 4- development rights on a single property). 0 • Adopted land acquisition priorities (Policy 102.4.2) to balance growth management,habitat protection, °' retirement of development rights,reduction of density&intensity, future build-out of the Florida Keys, o climate change, sea level rise, affordable housing, etc. c� cv cv Contacts: • Roman Gastesi, Countv Administrator; 305-292-4441, gastesi-roman@monrocolintv-fl.gov • Bob Shillinger, ConmyAttorney, 305-292-3470, shillinger-bob@monrocounty fl.gov • Christine Hurley,Assistant CountvAdministrator, 305-289-2517, hurley-christine@monrocounty fl.gov • Lisa Tennyson, Legislative Affairs Director, 305-292-4444, tennyson-lisa@monrocotintv-fl.gov 41 1 <_ e M o n roe Cor7n ( t' i� c, c c' ,c Nr- A RY 2020 Packet Pg. 2727 dO ajgepjo.4e of sajej la4Jew BUTAOU)Jo Lua;!uoissnasi(3) s;iun aena RIJea 00£aaJo;)IJOM pue spE)pa uo swa;i OOpg jo tiewwns:Juawyael y o N W � v) m O p N O c v O C O v < o w r c a rn o o m � a x Q N Y d x' o � ° ° n `m a ° 0 a N i o Z E m a ° d m o � o c -Ca y L s _ N Ni Y 7 G) 4 ID 'c U a O N m E C Q ¢ O US O N m V m - o N - U.s O_ 2 N T C m -C C Z N a LL a LL LL a) r m m E c E N V N N C C N N U T f>0 U m a m V) T r>`j� a) o N m V N N m m U 6 V 1 a)0 2-6- 7 2 c O c c m +�+ 0 6 N 0 U U 00 m N O C C N a-- m m N cn .0'N N 3 O N 3.c >r.cro c� r T c t f0 cmi E U � `mmEO o ~>En N w E m ° -2E c > f 0m c c)E N-6 N 6o > y p c m U U O N m -CN y m c f0 m O -O 0 ate.�'C��-•� O O c t _° O_ m 0 7 N U)) N N mO U) r 3 a N O 6 m e E C9 o ° c°i a m N m o O i O 4= >` V) V N EQ_' O N c .�.. 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Moderate id 50% 80% 100% 120% 139.1(a)(6)(g) 160% 0 1 Person $35,250 $56,400 $70,500 $84,600 $98,700 $112,800 2 Persons $40,300 $64,450 $80,600 $96,720 $112,840 $128,960 c 3 Persons $45 350 $72,500 $90,700' $108,840 $126,980 $145,120 4 Persons $50,350 $80,550 $100,700 $120,840 $140,980 $161,120 5 Persons $54,400 $87,000 $108,800 $130,560 $152,320 $174,080 6 Persons $58,450 $93,450 $116,900 $140,280 $163,660 $187,040 7 Persons $62450 $99,900 $124,900 $149,880 $174860 $199,840 8 Persons $66,500 $106,350 $133,000 $159,600 $186,200 $212,800 Per MCC§101-1.Affordable Housing Definitions 0 E 4- Income Limits for Married or Domestic Partners c Very Low Low Median Moderate 140%for IMCC sec. Moderate a) Household Size 50% 80% 100% 120% 139.1(a)(�(g) 160% 2 Persons $53,733 $85,933 $107,467 $128,960 $150,453 $171,947 3 Persons $60,467 $96,667 $120,933 $145,120 $169,307 $193,493 4 Persons $67,133 $107,400 $134,267 $161,120 $187,973 $214,827 T) 5 Persons $72 533 $116,000 $145,067 $174,080 $203,093 $232,107 ,_, 6 Persons $77,933 $124,600 $155,867 $187,040 $218,213 $249,387 7 Persons $83,267 $133,200 $166,533 $199,840 $233,147 $266,453 8 Persons $88,667 $141,800 $177,333 $212,800 $248,267 $283,733 Per MCC§13 9-1(a)(6)0) N Maximum Sales Price _ County Maximum m Unit Size Median Ratio Sales Price E Income 0 Efficiency $81,400 3.75 $305,250 i Bedroom $81,400 3.75 $305,250 2 Bedroom $81,400 4.25 $345,950 >_3 Bedroom $81,400 4.75 $386,650 0 Per MCC§101-1. Definition of Maximum sales price,owner occupied affordable housing unit 0 CD CD U Packet Pg. 2733 L5.g ARTICLE 1. - BUILDING PERMIT ALLOCATION SYSTEM (BPAS) The purpose and intent of this chapter is to manage the rate of new development to protect the quality of life for residents and retain the predominately small scale character of development in the City by: enhancing and protecting natural resources; assuring that growth proceeds in an orderly manner and does not exceed the availability of public facilities and c services; by establishing a building permit allocation system that encourages the development of affordable workforce housing; by directing the rate and location of new growth to further discourage deterioration of public facility service levels, by limiting environmental degradation and potential land use conflicts; by encourages encouraging appropriate in-fill development; by promoting the upgrading upgrade, expansion, or redevelopment of existing small-size businesses hotel/motel establishments; and supporting long-term owner occupancy of market rate dwelling units to stabilize residential neighborhoods. Section 107.01. -Administration. The administration of the building permit allocation program is the responsibility of the Planning Director or his or her designee. Council shall evaluate the program on an as needed basis, but no less frequently than every two (2) years. This evaluation shall include an assessment of the need for specific annual allocations and all other aspects of the program. The program shall run on a semi-annual basis except for the allocation of Transient Residential Units (TRUs), which may take place every two (2) months [e.g., six (6) times a year]. The existence of W any particular allocation pool herein does not confer the right to develop a parcel of land for any purpose, nor create a vested property right. Section 107.02. - Numerical Limits of Allocation. A. Residential Dwelling Units and Transient Residential Units: 1. The annual issuance of Market Rate and Affordable BPAS allocations shall be limited to 30 dwelling units to be distributed as follows: Eighty percent Market and 20 percent Affordable. The annual market to Affordable ratio may vary, but it shall not exceed the annual unit restriction for any continuous, sequential five-year period, i.e., no more than 150 allocations may be issued for any given five-year period. 2. The number of TRU allocations that may be issued shall be limited to 200 [100 TRUs authorized by the Governor and Cabinet on January 18, 2012 sitting as the Administration Commission, and 100 TRUs the City may choose to allocate at its discretion from the Administrative Relief and/or Residential BPAS pools]. 3. If any part of the 30-unit annual Market Rate and Affordable BPAS allocations remain unused, then such excess allocations shall be transferred to the Administrative Relief or Affordable pools in accordance with Subsection 107.06E. 4. For the purpose of administration of this article, the Council shall, by resolution, establish an annual allocation quantity for each category of dwelling unit (including TRUs) allocations and may make certain numerical adjustments among the categories from time to time. 5. Except as provided for in Subsection 107.02A.2., no dwelling unit allocations shall be available for the development of new hotel or motel units. B. Commercial Floor Area: The annual issuance of allocations shall be limited to 25,000 square feet of commercial floor area for the next continuous, sequential ten-year allocation periods, to not exceed a total of 250,000 square feet during the next ten (10) years. Section 107.03. - Establishment of Allocation Equivalency Factor. Council creates the following allocation equivalencies: City of Marathon - LDC Building Permit Allocation System Page 1 of 24 Packet Pg. 2734 L5.g CL Table 107.03.1 Allocation Equivalency Factors Allocation Type of Dwelling Unit Equivalency Note(s): 0 Factor Single or two-family 1.00 (3) Community Workforce 1.00 (1) & (4) Multi-family 1.00 (3) Dormitory 1.00 (2) Group Home (per dwelling unit) 1.00 (4) & (5) Footnotes: (1) Limited to up to two (2) bedrooms unless an additional bedroom is approved as a variance by the Council. If such variance is approved, the total square footage shall not exceed the maximum square footage for the applicable equivalency factor (2) A dormitory is limited to a maximum of 2000 square feet of climate controlled space. (3) Dwelling units utilizing affordable housing allocations are subject to a maximum size of 1800 �-- square feet of habitable space (4) Minimum size shall be greater than 375 square feet of habitable space CL o (5) Each housekeeping unit comprising a group home which meets the definition of a dwelling unit, as established in Chapter 110, shall require an allocation , 0 Section 107.04. - Establishment of Allocation Pools. _ For the purpose of administration of this article, Council hereby creates the following described allocation pools: A. Dwelling Units: 1. Market Rate. (a) Owner-occupied Pool: For each respective allocation period in the market pool, one (1) allocation will be issued to each owner-occupier applicant, in order of their ranking and controlling date and time, if sufficient allocations are available. (b) General Market Pool: For each respective allocation period in the general market pool, allocations will be issued to each applicant, in order of their ranking and controlling date and time, if sufficient allocations are available. One (1) application per allocation period will receive the application score; however, in the case of subsequent applications, filed by the same applicant CL during the same allocation period, five (5) points shall be deducted from the ca total application score. 2. Affordable. (a) General Affordable Pool: For each respective allocation period in the general affordable pool, allocations will be issued to each applicant, in order of their ranking and controlling date and time, if sufficient allocations are available. (b) Community Workforce Pool: For each respective allocation period in the community workforce pool, allocations will be issued in order of their controlling date and time, if sufficient allocations are available. City of Marathon - LDC Building Permit Allocation System Page 2 of 24 Packet Pg. 2735 L5.g CL (c) TBR Affordable Pool: For each respective allocation period in the TBR affordable pool, allocations will be issued in order of their controlling date and time, if sufficient allocations are available. 3. Transient Residential Units. (a) For each respective allocation period in the transient residential unit pool, allocations will be issued to each applicant in order of their ranking and controlling date and time, if sufficient allocations are available. If the City chooses to allocate at TRUs from the Administrative Relief and/or Residential BPAS pools, such allocations may be awarded subject to compliance with the applicable provisions of Sections 107.06, 107.07, and 107.10. B. Commercial Floor Area: 1. For each respective allocation period in the commercial floor area pool, allocations will be issued in order of their ranking and controlling date and time, if sufficient allocations are available. 2. If the amount of floor area represented in the allocation applications is equal to or less than the available allocation, the Director may recommend to Council that all °' of the allocation applications be granted allocation awards. 3. If the total amount of floor area represented in the allocation applications is greater than the available floor area, the Director shall submit an evaluation report to the Council indicating the evaluation rankings and identifying those applications whose ranking puts them within the allocation, and those applications whose ranking puts `-' them outside of the allocation. c c C. Administrative Relief Pool: CL 1. The BPAS Administrative Relief Pool is hereby created. At the recommendation of the Planning Director and at the discretion of the City Council, a percentage not to exceed fifty (50) percent of the annual dwelling unit allocations described in Section 107.02 above may be distributed to the Administrative Relief Pool based upon the potential number of applicants for administrative relief in any given year. 2. [Distribution of allocations.] BPAS administrative relief allocations are distributed by the Council at their discretion following a request from an applicant, and subject to a finding through the administrative relief process that all of the following conditions for eligibility exist: (a) Conditions for Eligibility: (i) That the applicant has applied for an allocation, but has not received an allocation for residential development during four (4) consecutive years in the BPAS, during which the ownership has not changed and the application has not been withdrawn. The start of the first year is the closing date of the BPAS allocation period during which the BPAS i application first became eligible for a BPAS allocation award; (ii) That conditions described in Section 107.04 C.3. below have been met; CL (iii) That the issuance of an allocation, pursuant to the recommendation of the Planning Director, is the most appropriate option for the use of the m property and will not adversely affect the public interest or the purposes of the Plan; (iv) That allocations are available in the BPAS administrative relief pool; and that the requested allocation and the resulting building permit would be c proper and in accordance with all of the ordinances and regulations of the City of Marathon. 3. Procedures for Provision of Administrative Relief Allocation: (a) On a semi-annual basis, at the closing of each BPAS bi-annual allocation period, and approximately one (1) year prior to the four (4) year anniversary of City of Marathon - LDC Building Permit Allocation System Page 3 of 24 Packet Pg. 2736 L5.g any uninterrupted BPAS application as described in Section 107.04 1.(a) above, City staff, in coordination with the City of Marathon Land Acquisition Advisory Committee, will make a determination for each application on the BPAS allocation waiting list as to whether: • It will be eligible to apply for administrative relief within approximately one (1) year, and • The property in question is either environmentally sensitive, of interest to the City for some other public purpose, such as workforce housing, or of no current public interest. (b) City staff will confirm the environmental characteristics of all properties that will become eligible for administrative relief within one (1) year through a review of the BPAS application, available GIS aerial photography and map layers, and on-site visits. (i) Any property that: • Has a KEPWEP score higher than 5.5; • Is on the most current version of the USFWS Injunction list; and/or �- • Is on the Florida Forever Acquisition list; and/or • Exhibits habitats including mangroves, salt marsh and buttonwood, or hardwood hammock; shall be put on a list of properties considered as environmentally sensitive and of potential interest for acquisition for conservation purposes. a. The City shall provide the list of environmentally sensitive properties to the Florida Department of Environmental Protection, Division of State Lands (Florida Forever), the Monroe County Land Authority, and other land acquisition agencies deemed appropriate by the Planning Director, thereby giving those agencies an opportunity to initiate acquisition procedures if deemed appropriate; and b. Any properties that another acquisition agency declines an interest to purchase, will be placed on a list for suggested acquisition at the time that the property actually becomes eligible for Administrative Relief. (ii) Any properties that are considered of potential value for another public purpose will be placed on a list for suggested acquisition at the time that it actually becomes eligible for administrative relief. (iii) Any properties that are not deemed environmentally sensitive and which would not be recommended for purchase for some other public purpose will be put on a list of properties that would be recommended to receive a BPAS allocation from the Administrative Relief Pool at the time that the property actually becomes eligible for Administrative Relief. i 4. Notification of eligibility. Within 30 days of the finalization of evaluation rankings by the City Council, any applicant determined to be eligible for administrative relief 0. pursuant to subsection (3)(a) of this section shall be notified of the applicant's eligibility for administrative relief by certified mail, return receipt requested. m 5. Application. An application for administrative relief shall be made on a form prescribed by the Planning Director no earlier than the conclusion of the fourth year in BPAS allocation process and no later than 180 days following the close of the allocation period when deemed eligible. c 6. Public Hearing. Upon receipt of an application for administrative relief, the City shall notice and hold a public hearing at which the applicant will be given an opportunity to be heard. The City Council may review the relevant application material, applicable evaluation ranking, hear testimony from the applicant, city staff and others as may be necessary in its deliberations. City of Marathon - LDC Building Permit Allocation System Page 4 of 24 Packet Pg. 2737 L5.g CL 7. Actions by City Council. In making a determination in review of an application for administrative relief, the City Council may: (a) Offer to purchase the property at its fair market value as its preferred action if the property is considered environmentally sensitive; or (b) Grant the applicant an allocation award for all or a number of dwelling units requested in the next succeeding allocation period or extended pro rata over several succeeding quarterly allocation periods as the preferred action for buildable properties not meeting any of the criteria in subsection (f)(1) of this section; or (c) Suggest or provide such other relief as may be necessary and appropriate. 8. Limit of Allocation under Administrative Relief. The number of allocations that may be awarded under administrative relief in any allocation period shall be no more than the number available in the Administrative Relief Pool at the close of the BPAS allocation period. Section 107.05. - General Provisions. A. Level of Service Requirement: The number of years over which allocations may be granted for a given application shall be based on the size of the application and the availability of infrastructure. B. Except as provided in Subsection 107.07(J) , allocations are site specific and may not be W transferred from one (1) application to another. Allocations may be transferred with the conveyance of a lot. C. Exemptions: The following classes of permits and approvals are not subject to all or a portion of the restrictions of the Building Permit Allocation System: c 1. Building permits for additions, remodeling, or demolition or reconstruction of existing dwelling units. 2. Publicly owned facilities are exempted from the allocation system for commercial floor area, provided that such shall not be placed in hammocks or environmentally sensitive areas with the exception of the following: fill may be placed in wetlands, subject to ACOE and DEP approvals, as needed for the siting of necessary public facilities when it can be demonstrated, pursuant to the requirements of the Plan, that the siting will , serve a legitimate public purpose. 3. Upon request and recommendation for exemption by the Director, Council may approve, at a public hearing, the issuance of allocations for perpetually income deed- restricted dwelling units needed to meet the quantified objectives for affordable housing, as set forth in the Housing Element of the Comprehensive Land Use Plan. (a) Such dwelling units issued under this provision will not increase the total affordable dwelling allocations available for issuance during the allocation period. i (b) Criteria for issuance of such allocations: An affordable residential dwelling allocation(s) may be issued if the proposed site meets all of the following criteria: i. The use shall be an allowed use in the land use and zoning districts which apply to the site; and ii. The site is listed as scarified or disturbed based upon the City of Marathon Habitat Maps. X D. Eligibility: 1. To apply for allocations, a development must have completed all steps otherwise necessary to apply for and receive a building permit including habitat assessment (if required by the City Biologist), other agency approvals or letters of coordination and the requisite construction plans, zoning and subdivision approvals. City of Marathon - LDC Building Permit Allocation System Page 5 of 24 Packet Pg. 2738 L5.g CL 2. In order to qualify for issuance of an allocation, revised construction plans, if required by the Building Official, which meet the requirements of the most recent version of the Florida Building Code and the City of Marathon Land Development Regulations, must be received by the Building Department no later than 60 days after notification of award. 3. Proof of ownership, in the form of a copy of the Monroe County Property Appraiser record card or a copy of the recorded warranty deed, which has been certified as true and correct by the Monroe County Clerk of the Court, must be supplied at the time of application. 4. For purposes of this program, the applicant is the owner of record of the lot for which the permit is sought and is presently in physical possession of the lot. 5. For purposes of this program, an applicant, or entity in which the applicant holds an interest, his or her spouse and unemancipated children under the age of 18, shall be considered the same applicant. Section 107.06. - Limitations. In addition to the limitations herein, an allocation is subject to the specific provisions for each allocation pool as follows: A. Market Rate Owner-occupied Allocation Pool: 1. Allocations will be issued only in the owner occupant applicant's name. W 2. Eligibility for this pool is limited to one (1) per lifetime per applicant. 3. The applicant shall have personally resided or have been employed within the City CL of Marathon during the two (2) years immediately prior to applying for an allocation from this pool. c 4. The applicant shall occupy the unit for a minimum of two (2) years from the date of issuance of the Certificate of Occupancy. Upon finding of good cause, as established in Chapter 110 "Definitions" the City Manager or his/her designee, may waive the minimum occupancy requirements and the applicant may sell the property during the two-year minimum occupancy period. However, at the time of closing, the applicant shall only receive up to the "SLE" as calculated using the indexed formula, as established in Subsection 7., below and the City of Marathon , shall receive the difference between the "SLE" and the "ONP" to be used for affordable housing. 5. The applicant shall occupy the dwelling unit for at least nine (9) months of each year. Occupancy by children or other immediate family members or dependents of Applicant shall be considered occupancy by Applicant. 6. Proof of Homestead Exemption, issued by the Monroe County Property Appraiser's office, must be supplied to the Planning Department within one (1) i year of the issuance of Certificate of Occupancy for the dwelling unit. 7. Prior to the issuance of the building permit for any dwelling unit developed under this provision, the applicant shall, on a form supplied by the City, record in the official records of Monroe County, a deed restriction running with the land, which limits the occupancy of the dwelling unit to the stated applicant(s) for a minimum of two (2) consecutive years after the date of issuance of the Certificate of X Occupancy. 8. The deed restriction shall also include the provision for a shared limited equity factor based upon the following indexed formula: OWNERS' NET PROCEEDS ("ONP"), at time of closing, multiplied by INDEX equals SHARED LIMITED EQUITY (SLE); or "ONP" x "INDEX" _ "SLE" Where: "ONP" is the Owner's Net Proceeds for the dwelling unit. "INDEX" shall be City of Marathon - LDC Building Permit Allocation System Page 6 of 24 Packet Pg. 2739 L5.g CL percentage of increase (or decrease) for all expenditures as listed in the Consumer Price Index for All Urban Consumers (CPI-U) as published by the U.S. Department of Labor, Bureau of Labor Statistics or any successor thereto, for the period of time that includes December 31 of the year in question as compared to the household median income reported for the period of time that includes December 31 of the previous year. "SLE" is Shared Limited Equity. B. General Market Rate Pool: 1. For purposes of this program, an applicant or entity in which the applicant holds an interest, his or her spouse and un-emancipated children under the age of 18, shall be considered the same applicant. 2. Development of multi-family dwellings shall provide for employee housing pursuant to the requirements of the LDRs or development agreements as approved by the Council. C. General Affordable Pool: 1. Lot size for development of a single-family residence is subject to the zoning district of the subject parcel. 2. Single-family and multi-family dwelling units are limited to a maximum of 1,800 square feet of habitable space. 3. The maximum rental or sales price for the dwelling unit shall meet the requirements as established for affordable housing in Chapter 104 "Specific Use Regulations" and Chapter 110 "Definitions". If the dwelling unit is designated for employee housing, as defined in Chapter 110, the use of the dwelling is restricted to households that derive at least 70 percent of their household income from gainful employment in Monroe County. Eligibility of a potential renter of the employee housing shall be determined by the Department at the time the potential renter applies to occupy the dwelling unit. 4. The Department shall review the lease agreement, annual verification from business, letter of employment or occupational license of an occupant for the dwelling unit on an annual basis to ensure that, rent for the unit does not exceed the affordable rent standard established for affordable housing in Chapter 110 "Definitions"; the occupant is gainfully employed in Monroe County; and the employee housing is occupied by employees meeting the income limitations as established for "Affordable Housing" in Chapter 104 and as defined in Article 110 "Definitions". Annual income qualification, lease or employment verification, as applicable, by the City, or its designee, shall be limited to rental and employee housing dwelling units. Income verification for owner occupied dwellings shall be performed and approved by the City or its designee prior to the sales closing and occupancy of the dwelling unit. i 5. Prior to the issuance of the building permit for any dwelling unit developed under this provision, the applicant shall, on a form supplied by the City, record in the 0. official records of Monroe County, a deed restriction running with the land which limits the occupancy of the dwelling unit to households meeting the income and m occupancy restrictions established for "Affordable Housing" in Chapter 104, and as defined in Chapter 110 "Definitions". D. Affordable Community Workforce Pool: 1. Shall be limited to the development of community workforce units (CWUs) as c established in Chapter 104 and defined in Chapter 110 "Definitions". 2. The unit is not to be sold as a condominium and may not be used for vacation rental purposes. The maximum rental price for the dwelling unit shall meet the requirements as established for "Affordable Housing" in Chapter 104, and as defined in Chapter 110 "Definitions." Occupancy of the dwelling unit is restricted to City of Marathon - LDC Building Permit Allocation System Page 7 of 24 Packet Pg. 2740 L5.g CL households that derive at least 70 percent of their household income from gainful employment in Monroe County. 3. Prior to the issuance of the building permit for any dwelling unit developed under this provision, the applicant shall, on a form supplied by the City, record in the official records of Monroe County, a deed restriction running with the land which limits the occupancy of the dwelling unit to households meeting the restrictions established for "Affordable Housing" in Chapter 104 and as defined in Chapter 110 "Definitions." 4. The Council may grant all, some, or none of the available allocations to a given development application based on the Council's determination of the proposed application's ability to meet the City's affordable housing objectives. Allocations may be granted for a single or for a multi-year period at the discretion of the Council, subject to the provisions of Section 107.10 "Banking or Borrowing of Allocations." 5. Eligibility of a potential renter of community workforce dwelling unit shall be determined by the Department at the time the potential renter applies to occupy the dwelling unit. 6. The Department shall review the lease agreement, annual verification from business, letter of employment or occupational license of an occupant for the dwelling unit on an annual basis to ensure that, rent for the unit does not exceed the affordable rent standard established for affordable housing in Chapter 110 "Definitions"; the occupant is gainfully employed in Monroe County; the employee housing is occupied by employees meeting the income limitations as established CL for "Affordable Housing" in Chapter 104, and as defined in Chapter 110 "Definitions." E. TBR Affordable Pool: 1. Lot size for development of a single-family residence is subject to the zoning district of the subject parcel. 2. Single-family and multi-family dwelling units are limited to a maximum of 1,800 square feet of habitable space. 3. The maximum rental or sales price for the affordable dwelling unit shall meet the requirements as established for affordable housing in Chapter 104 "Specific Use Regulations" and Chapter 110 "Definitions". If the affordable dwelling unit is designated for employee housing, as defined in Chapter 110, the use of the dwelling is restricted to households that derive at least 70 percent of their household income from gainful employment in Monroe County. Eligibility of a potential renter of the employee housing shall be determined by the Department at the time the potential renter applies to occupy the dwelling unit. i 4. The Department shall review the lease agreement, annual verification from business, letter of employment or occupational license of an occupant for the 0. dwelling unit on an annual basis to ensure that, rent for the unit does not exceed the affordable rent standard established for affordable housing in Chapter 110 "Definitions"; the occupant is gainfully employed in Monroe County; and the employee housing is occupied by employees meeting the income limitations as established for "Affordable Housing" in Chapter 104 and as defined in Article 110 "Definitions". Annual income qualification, lease or employment verification, as c applicable, by the City, or its designee, shall be limited to rental and employee- housing dwelling units. Income verification for owner-occupied dwellings shall be performed and approved by the City or its designee prior to the sales closing and occupancy of the dwelling unit. City of Marathon - LDC Building Permit Allocation System Page 8 of 24 Packet Pg. 2741 L5.g CL 5. Prior to the issuance of the building permit for any dwelling unit developed under this provision, the applicant shall, on a form supplied by the City, record in the official records of Monroe County a deed restriction running with the land which limits the occupancy of the affordable dwelling unit to households meeting the income and occupancy restrictions established for"Affordable Housing" in Chapter 104, and as defined in Chapter 110 "Definitions". F. Commercial Floor Area Pool: 1. Allocations are only available for properties within the MU and I land use districts. 2. An individual entity or organization may have only two (2) active applications per site in the annual allocation period. 3. There shall be no limit on the number of separate projects for which applications may be submitted by an individual, entity or organization. 4. The amount of nonresidential floor area to be allocated shall be limited to a maximum of 25,000 square feet for any one (1) site. 5. Development of structures to be devoted to nonresidential use in all commercial zoning districts shall provide for employee housing pursuant to the requirements of the LDRs or development agreements as approved by the Council. G. Transient Unit Pool: 1. TRUs provided by the state to the City may only be used for the development of single-room hotel/motel units. TRUs which the City is able to borrow forward may be allocated for any type of transient residential unit allowed under the LDRs. No `-' TRU allocated by the City may be converted from a transient use to a non- transient use. 0. 2. TRUs may not be allocated to property on offshore islands, designated on the COBRA (Coastal Barrier Resources System) maps, or that lie exclusively (100 percent) in a Coastal High Hazard Area. 3. The property proposed for development/redevelopment using TRUs must be developed or scarified, and development of the TRUs shall not result in the elimination of environmentally sensitive habitats described in the LDRs (Table 106.16.1, Classes I or 11). 4. The property proposed for development/redevelopment using TRUs must provide workforce housing in accordance with Section 104.25 of the LDRs for all TRUs awarded by the City. 5. The property proposed for development/redevelopment using TRUs shall not have outstanding code compliance cases, open fines, or liens at the time of application. 6. The property subject to development/redevelopment must have existing TRUs — existing, purchased, or vested on or before December 31, 2012 — at a ratio of four (4) TRUs (existing, purchased, or vested) for every one (1) TRUs allocated by the i City. After January 1, 2013, if the 100 TRUs granted by the State are not allocated, the City may by Resolution issue up to one (1) City TRU to three (3) private TRUs 0. in possession to provide greater stimulus for the development or redevelopment of hotel/motel projects. m 7. The property proposed for development/redevelopment using TRUs must obtain Conditional Use approval or enter into a Development Agreement with the City for the proposed project prior to December 31, 2012 comply with Section 107.05 of the LDRs, and commence construction of the project in accordance with Section c 107.07.1. of the LDRs. 8. Only one (1) allocation application per person per annual allocation period may be submitted. 9. No more than 25 TRUs, or 25 percent of the total proposed project TRUs, whichever is less, shall be allocated to any person. City of Marathon - LDC Building Permit Allocation System Page 9 of 24 Packet Pg. 2742 L5.g CL 10. The recipient of a TRU allocation shall spend a minimum of $40,000.00 in construction costs on the development/redevelopment of the project per TRU awarded, and shall provide the City with and irrevocable bond or letter of credit in the amount of $10,000.00 for each TRU allocated by the City. After January 1, 2013, if all of the TRUs granted by the state are not allocated, the City may by Resolution adjust these values within a range of $25,000.00 to $40,000.00 by a Resolution of the City Council in order to provide greater stimulus for the for the development or redevelopment of hotel/motel projects. The bond shall be released by the City upon completion of the project, the return of unused TRUs upon the completion of the project, or the loss of all allocations for failure to comply with the applicable provisions of Chapter 107 of the LDRs. The bond or letter of credit shall automatically be forfeited to the City upon the allocation recipient's failure to adhere to the construction and inspection timelines in Section 107.07.1. of the LDRs (Section 6-54 of the Code). 11. An applicant seeking an award of TRU allocations must demonstrate the financial capability to undertake and complete the development/redevelopment °' project using TRUs prior to issuance of a building permit. Such evidence may be in the form of an executed construction loan, construction contract, letter of credit, etc. 12. TRUs may not be used for any other purpose than the development/redevelopment of hotel or motel rooms. 13. Upon allocation TRUs may not be redistributed, sold or transferred from the approved project location, or converted into a permanent residential dwelling unit. CL 14. Any person developing/redeveloping property using TRUs shall first use non-City allocated TRUs towards completion of the approved project. Once a TRU has been assigned (if privately held) or allocated by the City to a particular project it may not be conveyed, sold, re-distributed, or transferred to another property. 15. All projects using City issued TRUs shall commence construction within 90 days of receipt of a building permit for the project, and be completed within 18 months of commencement of construction. 15.[16.] Failure to comply with any of the requirements of this section or applicable provisions of Chapter 107 of the LDRs, or failure to use any City allocated TRU, shall result in the loss of the allocation and it shall revert automatically to the City without any further notice or hearing. Thereafter, the City may elect to re-allocate the TRU in its sole discretion in accordance with this chapter. Section 107.07. -Applications. A. Applications for allocations shall be on a form provided by the City. Complete applications i must be submitted to the City no later than the allocation process deadline as periodically established by the Department. No allocation application shall be awarded an allocation by the City that does not comply with all applicable provisions of this Chapter and the LDRs. B. A processing fee, as may be established by resolution of the Council, shall accompany each BPAS application. C. Each dwelling unit, commercial floor area, or transient unit request must obtain an X allocation; however, allocation requests within a development under common ownership shall be combined and treated as a single application. Each separate lot shall be treated as separate applications. D. An application for an allocation must include other applicable permits and approvals, i.e., Army Corps of Engineers, Department of Environmental Protection, and Department of Health. The City may permit evidence of compliance with the requirements of other City of Marathon - LDC Building Permit Allocation System Page 10 of 24 Packet Pg. 2743 L5.g CL jurisdictional entities to be demonstrated by "coordination letters" in lieu of approvals or permits. E. The Director shall establish the application submittal requirements for allocation requests, which will include information necessary for the Council to determine whether the proposed application meets the established objectives of the BPAS. F. The Director or his or her designee, if applicable, shall assign each application a score in accordance with the criteria established in Section 107.09 "Scoring System." G. The Council shall hold a public hearing and, if applicable, shall approve or amend the assigned score; and based upon the recommendation of the Director, Council shall establish a ranking for each development application based upon the application score and controlling date and time. The Council shall finalize the evaluation rankings within 60 days following initial receipt of the Director's evaluation ranking, report and recommendations. 1. Temporary procedure: This temporary procedure, having been duly extended by ordinance for an additional two-year period, shall sunset on September 1, 2013. 2. Upon establishment of a ranking for each BPAS applicant as defined in this section, E the Director or his designee shall contact BPAS applicants in sequence starting from the highest ranked applicant on the ranking list to determine readiness to build. Readiness to build shall only be determined as a written stated willingness by the applicant that they will accept the BPAS allocation and will pick up a building permit within the 90 days specified in this section. 3. Applicants who indicate that they are willing to build shall be issued a notice of `-' allocation as further defined in this section. No more than 15 allocations shall be made c c in all categories per BPAS period, unless otherwise specified by the Council as CL provided for elsewhere in this section. In no case shall more than one (1) BPAS allocation per year be issued for properties which are in part or whole designated as Hardwood Hammock, Palm Hammock, Cactus Hammock or Beach/Berm on the City of Marathon Existing Conditions Maps or as determined by the City Biologist or private habitat survey. This standard shall apply to applicants and allocations as outlined in Section 107.09 C. 4. BPAS applicants who elect to accept a BPAS allocation under this temporary procedure will be required to strictly adhere to the provisions of Section 6-54, Application procedure for permits under allocation system, City of Marathon, Code of Ordinances. Failure to comply with this section of the Code will result in the immediate and irreversible revocation of the building permit and the BPAS allocation will be offered to the next available BPAS applicant who is ready to build. No permit extensions will be allowed under the temporary procedures unless substantial construction with approved inspections has already occurred and the permit holder can demonstrate a hardship under the provisions of Subsection 6-54(f). i 5. Applicants who indicate that they are not prepared to proceed shall retain their relative rank in the BPAS ranking after those applicants who have indicated that they are CL willing to build and are issued a notice of BPAS allocation award are removed from the list. m 6. As in the normal BPAS ranking process, BPAS applicants will be re-ranked in future BPAS allocation periods based on existing criteria in this section and the receipt of new or removal of old applicants. Otherwise, this temporary procedure shall apply for all BPAS allocation periods during which the procedure is in effect. c 7. For any period in which an applicant chooses to defer his or her acceptance of an allocation, that length of time will be subtracted from the total time in the BPAS allocation system for purposes of determining administrative relief. H. The planning process for Land Development Regulation amendments, zone changes, specific plans, and other legislative acts may proceed unaffected by the regulations of this City of Marathon - LDC Building Permit Allocation System Page 11 of 24 Packet Pg. 2744 L5.g CL Article. The approval of any such legislative act is not a commitment on the part of the City that the proposal will ultimately receive allocations. I. Within 90 days of receipt of notice of the granting of an allocation award by Council, the applicant must pick up the associated building permit pursuant to the requirements of Chapter 6 of the City Code, unless subject to the provisions of Section 107.10 "Banking or Borrowing of Allocations." I Within 90 days of receipt of notice of the granting of an allocation award, the allocation may be transferred to another property on the allocation waiting list if: 1. The property from which the allocation is being transferred (the "donor property") is owned by the same person as the property receiving the allocation (the "recipient property"). 2. The recipient property has been scored identically or greater in each category under Section 107.09 of this Chapter except for any applicable "perseverance points". 3. The donor property takes the place of the recipient property on the allocation waiting list, and is rescored with the applicable "perseverance points" and date and time of submission of the recipient property. 4. The property owner executes a waiver of administrative relief form with respect to the donor property. K. Revisions to applications: 1. Prior to issuance of the building permit: (a) A permit holder of an individually owned single lot may make a one-time `-' substitution of plans prior to the issuance of the building permit. (b) A permit holder of multiple permits for separate lots under the same ownership CL may make a one-time substitution of one (1) set of plans, prior to the issuance of the building permit for one (1) lot only, regardless of the number of permits held or lots owned. c (c) No revisions shall be made to any aspect of the proposed development which formed the basis for the evaluation review, determination of points and allocation rankings, unless such revision would have the effect of either maintaining or increasing the points originally awarded. 2. After the issuance of a certificate of occupancy or final inspection: No revision shall be made to any aspect of the completed development which formed the basis for the evaluation, review, determination of points and allocation rankings, unless such revisions are accomplished pursuant to a new building permit and unless such revisions would have the net effect of either maintaining or increasing the points originally awarded. L. Withdrawal of application: An applicant may elect to withdraw a BPAS application without prejudice at any time up to the date of evaluation and ranking. Resubmitted applications i shall be considered "new" and shall meet all the requirements of this Article, including payment of appropriate fees and receipt of a new controlling date. CL Section 107.08. -Allocation Waiting List. A. An allocation waiting list shall be established and maintained as a public record by the Department and may be separated into one (1) or more categorical waiting lists for such X categories as commercial floor area; owner-occupied and general market rate; general affordable; and commercial workforce dwelling unit applications. B. Within each such category on the allocation waiting list, the total points assigned and approved, and the date and time upon which the Director accepted an application as complete shall determine the relative position of eligible applications. City of Marathon - LDC Building Permit Allocation System Page 12 of 24 Packet Pg. 2745 L5.g CL C. With the exception of development under Section 107.10 "Banking or Borrowing of Allocations", an allocation may only be issued if there is one available in the appropriate allocation category. D. Notice of the allocation hearing shall be mailed (by registered return receipt) to each applicant on the allocation waiting list pursuant to the requirements of Article 4, Chapter 102, "Notice of Public Meetings and Hearings." E. An allocation issued for a permit, or a building permit issued pursuant to an allocation, which expires or is subsequently returned, abandoned, or otherwise voided, may be rolled over into the following year's allocation. Any excess market rate dwelling unit allocations may be rolled over into the next year's allocations provided that at least one-half ('/2) of the unallocated market rate allocations are rolled over into affordable dwelling unit allocations. If the number of unallocated market rate allocations is odd, the odd numbered allocation shall rollover to an affordable allocation. 4, 0 Section 107.09. - BPAS Scoring System. E A. Purpose : This Section establishes the BPAS scoring system and related procedures for all allocation pools excluding TRUs, which shall be allocated by the City Council in accordance with the applicable provisions of this Chapter. B. Evaluation Criteria: The Department shall evaluate and assign an initial numerical score to each application, based upon the assumption that the development shall be within the area of the parcel that provides the greatest number of points, in accordance with the scoring criteria established in this section. Should an alternate location on a parcel be desired for construction, a new assessment by the City must be performed. CL 1. Dwelling Units: c Environmentally Sensitive Areas ' Minor Category (0-4 points) Applications that propose development within the following areas will not receive any points: Point Criteria: Assignment: * High quality hammock; * Unscarified beach/berm; * Saltmarsh/buttonwood wetlands; * Palm hammock; i * Known habitat of a documented threatened/endangered species; CL * Within 100 feet of any known nesting area for marine turtles; m * Within a probable or potential habitat of a threatened/endangered species; and * Within the habitat of a wide-ranging threatened/endangered species or a species of special concern. * Offshore Island (COBRA) 1 Application proposes development on parcels containing moderate quality City of Marathon - LDC Building Permit Allocation System Page 13 of 24 Packet Pg. 2746 L5.g CL hammock as determined by a city biologist-approved habitat assessment. Application proposes development on parcels containing low quality hammock 2 c as determined by a city biologist-approved habitat assessment. - c 3 Application proposes development on parcels that contain disturbed beach berm, with no known threatened or endangered species. Application proposes development on parcels that are classified as scarified or 4 disturbed w/exotics, with no known, probable or wide-ranging threatened or endangered species. c 4, Perseverance Points c Minor Category (0-4 points) Points are intended to accrue to an application based upon years spent in the Building Permit Allocation System without receiving an allocation award: 'v, Point Criteria: Assignment: 1 A point shall be awarded on the anniversary of the controlling date for each year that the application remains in the allocation system. c CL *If, after gaining a perseverance point or points, an application should be revised for any reason, the perseverance point(s) gained shall be retained; however, a new controlling date shall be established. All eligible applications shall be awarded perseverance points retroactively from November 13, 2007. FEMA"AE" Zone Moderate Category (5-9 points) Applications that propose development in "AE" zones may receive the following points: Point Criteria: Assignment: An application which proposes a development within a "AE" zone on the 9 FEMA flood insurance rate map. CL "VE" Zone Moderate Category (5-9 points) ml Applications that propose development in "VE" zones may receive the following points: Point Criteria Assignment: 5 An application which proposes a development within a "VE" zone on the FEMA flood insurance rate map. City of Marathon - LDC Building Permit Allocation System Page 14 of 24 Packet Pg. 2747 L5.g CL Extinguish Development Rights Moderate Category (5-9 points) Applications that extinguish development rights may receive the following points: Point l Criteria: Assignment: v, 5 Voluntarily reduces the allocated density of the parcel of land proposed for development by between 50 and 66 percent. Aggregates a contiguous vacant, legally platted, buildable RM, RM-1, RM-2 or 5 R-MH lot together with the parcel proposed for development. 7 Voluntarily reduces the allocated density of the parcel of land proposed for c development by between 67 and 75 percent. $ Voluntarily reduces the allocated density of the parcel of land proposed for development by greater than 75 percent. Local Residency Moderate Category (5-9 points) Applicants who live or work in the City of Marathon limits may receive the following points for every two (2) years of continuous residency or employment within the City of Marathon limits: c Point Criteria: Assignment: _ Applicant is submitted by a local resident for owner occupancy.* Applicant lives 1 or is currently employed at business, government office or other employer within the city limits of Marathon. The maximum points available in this category are nine (9). *In order to be considered for this point the applicant must reside a minimum of nine (9) months per year in the City of Marathon. Such residency or employment shall be for no less than two (2) years immediately prior to the date of the application. Proof of residency is required to be produced at the time of application. Such proof may include utility statements or leases. i Lot Dedication or Cash-in-Lieu of Dedication Minor Category (0-4 points) Applicants that dedicate buildable lots or cash-in-lieu of dedication may receive the following points: Point Criteria: Assignment: Donation of a cash fee to the City of Marathon, for the purposes of land c 2 acquisition. The required fee shall not be less than the average of the appraised value of an acre of Conservation (C) land in the City. 2 An application which includes the dedication to City of one (1) vacant, legally a City of Marathon - LDC Building Permit Allocation System Page 15 of 24 Packet Pg. 2748 L5.g CL platted buildable lot, or at least one (1) acre of unplatted buildable land, located within a conservation area or areas proposed for acquisition by governmental agencies for the purposes of conservation and resource protection.* c An application which includes the dedication to the City or agencies or 4 appropriate 501 (c) (3) nonprofit organizations as approved by Council of a vacant, legally platted, buildable lot **which is not environmentally sensitive as determined by the city biologist.*** *An applicant may dedicate up to two (2) lots to obtain the maximum allowable points under the Minor Category. **To be used for the purposes of perpetually income deed-restricted affordable housing ***An applicant may dedicate a maximum of one (1) lot to obtain the maximum points under this category. E Lot Dedication or Cash-in-Lieu of Dedication Moderate Category (5-9 points) Applicants that dedicate buildable lots or cash in lieu of dedication may receive the following points: Point Criteria: c Assignment: c 5 Donation of a cash fee to the City of Marathon, for the purposes of affordable housing. The required fee shall be established by the Council. An application which includes the dedication to the City or agencies or 6 appropriate 501 (c) (3) nonprofit organizations as approved by Council of a legally platted, buildable lot * within the City containing one (1) or more existing affordable dwelling units.** * An applicant may dedicate a maximum of one (1) lot to obtain the maximum allowable points under the Moderate Category. **To be used for the purposes of perpetually income deed-restricted affordable housing Provision of Affordable Housing with a Market Rate Development Moderate Category (5-9 points) i Applications that provide affordable housing** may receive the following points: Point Criteria: Assignment: An application which proposes one to three (1-3) dwelling units which meets 5 the definition of affordable housing and restricts the dwelling unit to a household X with a gross annual income limit as defined in Chapter 104 and Chapter 110. An application which proposes four to six (4-6) dwelling units which meets the 7 definition of affordable housing and restricts the dwelling unit to a household with a gross annual income limit as defined in Chapter 104 and Chapter 110. City of Marathon - LDC Building Permit Allocation System Page 16 of 24 Packet Pg. 2749 L5.g CL An application which proposes seven (7) or more dwelling units which meets the 9 definition of affordable housing and restricts the dwelling unit to a household with a gross annual income limit as defined in Chapter 104 and Chapter 110. c 0 **To be used for perpetually income deed restricted affordable housing Water and Energy Conservation Moderate Category (5-9 points) Applications that propose water and energy conservation may receive the following points: Point Assignment: Criteria: Application which proposes one of the following: Primary Source Cistern of 7 12,500 gallons or Secondary Source Cistern of 2,500 gallons. Cistern must be connected to irrigation system. 5 Energy Performance Index of 70 or lower 5 HVAC Energy Rating of 12 or greater. 5 Application which proposes one of the following: Solar Hot Water Heater, Photovoltaic Panels, Heat Recovery Unit, or Wind Generator. c CL Application which proposes strategic landscape plan and maintenance schedule c 5 comprised of native vegetation and xeriscaping techniques that utilizes 75% of required open space, in addition to any landscape buffer requirements. _ Structural Integrity of Construction Moderate Category (5-9 points) Applications that propose high standards of structural integrity may receive the following points: Point Assignment: Criteria: 5 Application which proposes a minimum peak wind speed of 155 mph or greater. i Application which proposes a dwelling unit with the first habitable floor at least CL 5 13 inches above the Base Flood Elevation (BFE). M Scarified Lot without An Existing Paved or Unpaved Road or Utilities Moderate Category (5-9 points) Applications that propose development on a scarified lot may receive the following points: -- Point Assignment: Criteria: 5 Application which proposes a dwelling unit on a scarified lot outside of a E City of Marathon - LDC Building Permit Allocation System Page 17 of 24 Packet Pg. 2750 L5.g CL legally platted, recorded subdivision. Application which proposes a dwelling unit on a scarified lot within a legally 9 c platted, recorded subdivision. c Scarified Lot with Existing Paved or Unpaved Road or Utilities Major Category (10-20 points) Applications that propose development on a scarified lot may receive the following points: Point Criteria: Assignment: Application which proposes a dwelling unit on a scarified lot outside of a legally 12 platted, recorded subdivision, but the lot or parcel proposed for development is E served by existing infrastructure, which includes potable water, electricity and roadways which are paved, as determined by the Public Works Department. Application which proposes a dwelling unit on a scarified lot within a legally 13 platted, recorded subdivision, but the lot or parcel proposed for development is W served by existing infrastructure, which includes potable water, electricity and roadways which are paved, as determined by the Public Works Department. c Infill Lot with Existing Paved Roads, Water and Electric Service Major Category (10-20 points) Applications that propose development on an infill lot may receive the following points: nt Ass gnlment: Criteria: 0 Application which proposes a dwelling unit within a legally platted, recorded 15 subdivision on lot(s) located adjacent to U.S. 1 served by existing infrastructure, including potable water, electricity, and roadways which the Public Works Department determines is paved. 2. Commercial Floor Area: CL Environmentally Sensitive Areas ' CO Minor Category (0-4 points) 2 Applications that propose development within the following areas will not receive any 0. points: X Ass gnlment:nt Criteria: As determined by the City Biologist * High quality hammock; City of Marathon - LDC Building Permit Allocation System Page 18 of 24 Packet Pg. 2751 L5.g * Unscarified beach/berm; * Saltmarsh/buttonwood wetlands; * Palm hammock; * Known habitat of a documented threatened/endangered species; * Within 100 feet of any known nesting area for marine turtles; * Within a probable or potential habitat of a threatened/endangered species; and * Within the habitat of a wide-ranging threatened/endangered species or a species of special concern. 4 0 * Offshore Island (COBRA) 1 Application proposes development on parcels containing moderate quality hammock as determined by a City biologist-approved habitat assessment. 2 Application proposes development on parcels containing low quality hammock as determined by a City biologist-approved habitat assessment. 3 Application proposes development on parcels that contain disturbed beach CL berm, with no known threatened or endangered species. c Application proposes development on parcels that are classified as scarified or 4 disturbed w/exotics, with no known, probable or wide-ranging threatened or endangered species. m Perseverance Points 4 Minor Category (0-4 points) Points are intended to accrue to an application based upon years spent in the Building Permit Allocation System without receiving an allocation award: Point Criteria: Assignment: 1 A point shall be awarded on the anniversary of the controlling date for each year that the application remains in the allocation system. CL * If, after gaining a perseverance point or points, an application should be revised for any reason, the perseverance point(s) gained shall be retained; however, a new controlling date shall be established. All eligible applications shall be awarded perseverance points retroactively from November 13, 2007. 0 FEMA"AE" Zone Moderate Category (5-9 points) Applications that propose development in "AE" zones may receive the following points: City of Marathon - LDC Building Permit Allocation System Page 19 of 24 Packet Pg. 2752 L5.g CL Point m Criteria: Assignment: c 9 An application which proposes a development within a "AE" zone on the FEMA flood insurance rate map. v, FEMA"VE" Zone Moderate Category (5-9 points) Applications that propose development in "VE" zones may receive the following points: Point Criteria: Assignment: 0 5 An application which proposes a development within a "VE" zone on the E FEMA flood insurance rate map. Extinguish Development Rights Moderate Category (5-9 points) Applications that extinguish development rights may receive the following points: Point C 0L Criteria: Assignment: c Voluntarily reduces the allocated intensity of the parcel of land proposed for 5 development to 23 percent or less. Additional Requirements:A legally binding restrictive covenant running in favor of the City that limits the floor area ration of the property to a maximum of 23 percent for a period of 20 years shall be approved by the Council and recorded c prior to the issuance of any building permit pursuant to an allocation award. Local Business Owner Moderate Category (5-9 points) Applicants who live in Monroe County and own a business in the City of Marathon limits may receive the following points for every two (2) years of continuous business ownership within i the City of Marathon limits immediately prior to applying: Point Criteria: Assignment: Application is submitted by a local resident business owner.* Applicant currently 1 lives in Monroe County and owns a business within the city limits of Marathon. The maximum points available in this category are nine (9). *In order to be considered for this point the applicant must reside a minimum of nine (9) months per year in Monroe County. Proof of residency is required to be produced at the time of application. Such proof may include utility statements or leases. City of Marathon - LDC Building Permit Allocation System Page 20 of 24 Packet Pg. 2753 L5.g m Lot Dedication or Cash-in-Lieu of Dedication Minor Category (0-4 points) Applicants that dedicate buildable lots or cash-in-lieu of dedication may receive the following points: v, Ass gnlment:nt Criteria: Donation of a cash fee to the City of Marathon, for the purposes of land 2 acquisition. The required fee shall not be less than the average of the appraised ' value of an acre of Conservation (C) land in the City. An application which includes the dedication to the City of one (1) vacant, legally c platted buildable lot or at least one (1) acre of unplatted buildable land located 2 within the City of a conservation area or areas proposed for acquisition by governmental agencies for the purposes of conservation and resource protection.* .2 An application which includes the dedication to the City or agencies or 4 appropriate 501 (c) (3) nonprofit organizations as approved by Council of a W vacant, legally platted, buildable lot, **within the City, which is not environmentally sensitive as determined by the City biologist.*** CL c c * An applicant may dedicate up to two (2) lots to obtain the maximum allowable points under the Minor Category. **To be used for the purposes of perpetually income deed-restricted affordable housing ***An applicant may dedicate a maximum of one (1) lot to obtain the maximum allowable points under the Minor Category. c Lot Dedication or Cash-in-Lieu of Dedication Moderate Category (5-9 points) Applicants that dedicate buildable lots or cash in lieu of dedication may receive the following points: --Point - -- - -- - -- - -- Assignment: Criteria: 5 Donation of a cash fee to the City of Marathon, for the purposes of affordable i housing. The required fee shall be established by the Council. An application which includes the dedication to the City or agencies or 6 appropriate 501 (c) (3) nonprofit organizations as approved by Council of a legally platted, buildable lot *within the City containing one or more existing affordable dwelling units.** 0 * An applicant may dedicate a maximum of one (1) lot to obtain the maximum allowable points under the Moderate Category. **To be used for the purposes of perpetually income deed-restricted affordable housing City of Marathon - LDC Building Permit Allocation System Page 21 of 24 Packet Pg. 2754 L5.g CL Provision of Affordable Housing with a Non-Residential Development Moderate Category (5-9 points) Applications that provide affordable housing may receive the following points: Point Assignment: Criteria: Ass g An application which proposes one to three (1-3) dwelling units which meets 5 the definition of affordable housing and restricts the dwelling unit to a household with a gross annual income limit as defined in Chapter 104 and Chapter 110. An application which proposes four to six (4-6) dwelling units which meets the 7 definition of affordable housing and restricts the dwelling unit to a household with a gross annual income limit as defined in Chapter 104 and Chapter 110. 4 An application which proposes seven (7) or more dwelling units which meets the 9 definition of affordable housing and restricts the dwelling unit to a household with a gross annual income limit as defined in Chapter 104 and Chapter 110. **To be used for the purposes of perpetually income deed-restricted affordable housing Water and Energy Conservation Moderate Category (5-9 points) CL Applications that propose water and energy conservation may receive the following points: Point- Assignment: Criteria: Application which proposes one of the following: Primary Source Cistern of 7 12,500 gallons or Secondary Source Cistern of 2,500 gallons. Cistern must be connected to irrigation system. 0 5 Energy Performance Index of 70 or lower 5 HVAC Energy Rating of 12 or greater. Application which proposes one of the following: Solar Hot Water Heater, 5 Photovoltaic Panels, Heat Recovery Unit, or Wind Generator. Application which proposes strategic landscape plan and maintenance schedule 5 comprised of native vegetation and xeriscaping techniques that utilizes 75% of required open space, in addition to any landscape buffer requirements. CL Structural Integrity of Construction Moderate Category (5-9 points) Applications that propose high standards of structural integrity may receive the following points: Point Assignment: Criteria: 5 Application which proposes a minimum peak wind speed of 155 mph or greater. City of Marathon - LDC Building Permit Allocation System Page 22 of 24 Packet Pg. 2755 L5.g CL Application which proposes a structure with the first habitable floor at least 13 5 inches above the Base Flood Elevation (BFE) or dry floodproofed at least 13 inches above BFE. c 0 Transportation Impacts Moderate Category (5-9 points) -Point - - -- - - - -- - -- Assignment: Criteria: The development's parking lot is connected to an adjacent nonresidential parking 5 lot; or the applicant records a driveway easement in favor of the public to connect the applicant's parking lot to an adjacent, nonresidential parking lot; or the c development does not propose an additional driveway onto US Highway 1. Additional Requirements: Properties with no access to US Highway 1 are only eligible to receive these points if direct access is to a State Road or City collector road as designated in the Comprehensive Plan. 0 Scarified Lot without An Existing Paved or Unpaved Road or Utilities Moderate Category (5-9 points) c Applications that propose development on a scarified lot may receive the following points: 0 Point = Criteria: Assignment: 5 Application which proposes nonresidential development on a scarified lot outside of a legally platted, recorded subdivision. 9 Application which proposes nonresidential development on a scarified lot within a legally platted, recorded subdivision. Scarified Lot with Existing Paved or Unpaved Road or Utilities Major Category (10-20 points) Applications that propose development on a scarified lot may receive the following points: Point Assignment: Criteria: m Application which proposes nonresidential development on a scarified lot outside of a legally platted, recorded subdivision, but the lot or parcel proposed for 12 development is served by existing infrastructure, which includes potable water, electricity and roadways which are paved, as determined by the Public Works c Department. 13 Application which proposes nonresidential development on a scarified lot within a legally platted, recorded subdivision, but the lot or parcel proposed for City of Marathon - LDC Building Permit Allocation System Page 23 of 24 Packet Pg. 2756 L5.g CL development is served by existing infrastructure, which includes potable water, electricity and roadways which are paved, as determined by the Public Works Department. c 0 Infill Lot with Existing Paved Roads, Water and Electric Service Major Category (10-20 points) Applications that propose development on an infill lot may receive the following points: Point Assignment: Criteria: 0 Application which proposes non residential development within a legally platted, 15 recorded subdivision on lot(s) located adjacent to U.S. 1 served by existing infrastructure, including potable water, electricity, and roadways which the Public Works Department determines is paved. .2 3. Points Cumulative:All points are assessed cumulatively. 4. Identical Rankings: If two (2) or more allocation applications receive an identical evaluation ranking and both (or all) cannot be granted allocation awards within the -6 allocation period, the Council shall award the allocation to the completed application CL first submitted, based on the controlling date and time of the application. C. Limits to Hammock BPAS Allocations: In no case shall more than one (1) BPAS allocation c per year be issued for properties which are in part or whole designated as Hardwood Hammock, Palm Hammock, Cactus Hammock, or Beach/Berm on the City of Marathon Existing Conditions Maps or as determined by the City Biologist or private habitat survey. This standard shall apply to applicants and allocations which are approved as part of the Temporary Procedure outlined in Section 107.07 G. D. Changes in BPAS Score: Upon review of the allocation applications and evaluation worksheets, the City Council may adjust the points awarded for meeting particular criteria, adjust the rankings as a result of changes in points awarded, or make such other changes as may be appropriate and justified. The basis for the Council changes shall be specified in the form of a motion to adopt the allocation rankings and may include the following: 1. An error in the designation of the application's size classification. 2. A mistake in the application of one (1) or more of the evaluation criteria. 3. A misinterpretation of the applicability of an evaluation criterion. D. Changes in BPAS Score: Upon review of the allocation applications and evaluation i worksheets, the City Council may adjust the points awarded for meeting particular criteria, adjust the rankings as a result of changes in points awarded, or make such other changes CL as may be appropriate and justified. The basis for the Council changes shall be specified in the form of a motion to adopt the allocation rankings and may include the following: 1. An error in the designation of the application's size classification. 2. A mistake in the application of one (1) or more of the evaluation criteria. X 3. A misinterpretation of the applicability of an evaluation criterion. 0 City of Marathon - LDC Building Permit Allocation System Page 24 of 24 Packet Pg. 2757 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 L5.h 0 Select Year: 2019 �/ Go CD The 2019 Florida Statutes 4, Title XIV Chapter 196 View Entire Chapter 0 TAXATION AND FINANCE EXEMPTION 196.015 Permanent residency; factual determination by property appraiser.—Intention to establish a permanent residence in this state is a factual determination to be made, in the first N instance, by the property appraiser. Although any one factor is not conclusive of the establishment or y nonestablishment of permanent residence, the following are relevant factors that may be considered by W the property appraiser in making his or her determination as to the intent of a person claiming a 0 homestead exemption to establish a permanent residence in this state: (1) A formal declaration of domicile by the applicant recorded in the public records of the county in E which the exemption is being sought. (2) Evidence of the location where the applicant's dependent children are registered for school. (3) The place of employment of the applicant. (4) The previous permanent residency by the applicant in a state other than Florida or in another 0 country and the date non-Florida residency was terminated. (5) Proof of voter registration in this state with the voter information card address of the applicant, y or other official correspondence from the supervisor of elections providing proof of voter registration, matching the address of the physical location where the exemption is being sought. (6) A valid Florida driver license issued under s. 322.18 or a valid Florida identification card issued under s. 322.051 and evidence of relinquishment of driver licenses from any other states. 0 (7) Issuance of a Florida license tag on any motor vehicle owned by the applicant. (8) The address as listed on federal income tax returns filed by the applicant. (9) The location where the applicant's bank statements and checking accounts are registered. (10) Proof of payment for utilities at the property for which permanent residency is being claimed. History.—s. 2, ch. 81-219; s. 990, ch. 95-147; s. 8, ch. 2006-312; s. 3, ch. 2009-135. 0 Copyright© 1995-2020 The Florida Legislature • Privacy Statement • Contact Us E W CL LO Ui Packet Pg. 2758 http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&Search—String... 3/26/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 1.5.i 0 Select Year: 2019 �/ Go The 2019 Florida Statutes 0 Title XV Chapter 222 View Entire HOMESTEAD AND METHOD OF SETTING APART HOMESTEAD AND Chapter EXEMPTIONS EXEMPTIONS 222.17 Manifesting and evidencing domicile in Florida.— (1) Any person who shall have established a domicile in this state may manifest and evidence the N same by filing in the office of the clerk of the circuit court for the county in which the said person shall reside, a sworn statement showing that he or she resides in and maintains a place of abode in that county which he or she recognizes and intends to maintain as his or her permanent home. (2) Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her m domicile in this state by filing in the office of the clerk of the circuit court for the county in which he or she resides, a sworn statement that his or her place of abode in Florida constitutes his or her predominant and principal home, and that he or she intends to continue it permanently as such. (3) Such sworn statement shall contain, in addition to the foregoing, a declaration that the person making the same is, at the time of making such statement, a bona fide resident of the state, and shall set forth therein his or her place of residence within the state, the city, county and state wherein he or she formerly resided, and the place or places, if any, where he or she maintains another or other place or places of abode. .2 (4) Any person who shall have been or who shall be domiciled in a state other than the State of 0 Florida, and who has or who may have a place of abode within the State of Florida, or who has or may do or perform other acts within the State of Florida, which independently of the actual intention of such person respecting his or her domicile might be taken to indicate that such person is or may intend to be or become domiciled in the State of Florida, and if such person desires to maintain or continue his or her domicile in such state other than the State of Florida, the person may manifest and evidence his or her permanent domicile and intention to permanently maintain and continue his or her domicile in such state other than the State of Florida, by filing in the office of the clerk of the circuit court in any county — in the State of Florida in which the person may have a place of abode or in which the person may have done or performed such acts which independently may indicate that he or she is or may intend to be or become domiciled in the State of Florida, a sworn statement that the person's domicile is in such state r� other than the State of Florida, as the case may be, naming such state where he or she is domiciled and stating that he or she intends to permanently continue and maintain his or her domicile in such other `V Ui state so named in said sworn statement. Such sworn statement shall also contain a declaration that the person making the same is at the time of the making of such statement a bona fide resident of such state other than the State of Florida, and shall set forth therein his or her place of abode within the E State of Florida, if any. Such sworn statement may contain such other and further facts with reference to any acts done or performed by such person which such person desires or intends not to be construed as evidencing any intention to establish his or her domicile within the State of Florida. Packet Pg. 2759 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search_String=... 3/26/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 1.5.i (5) The sworn statement permitted by this section shall be signed under oath before an official authorized to take affidavits. Upon the filing of such declaration with the clerk of the circuit court, it O shall be the duty of the clerk in whose office such declaration is filed to record the same in a book to be y provided for that purpose. For the performance of the duties herein prescribed, the clerk of the circuit court shall collect a service charge for each declaration as provided in s. 28.24. (6) It shall be the duty of the Department of Legal Affairs to prescribe a form for the declaration herein provided for, and to furnish the same to the several clerks of the circuit courts of the state. (7) Nothing herein shall be construed to repeal or abrogate other existing methods of proving and evidencing domicile except as herein specifically provided. c History.—ss. 1, 2, 3, 4, 5, 6, ch. 20412, 1941; s. 1, ch. 26896, 1951; ss. 11, 35, ch. 69-106; s. 15, ch. 70-134; s. 1204, ch. 95-147. O Copyright© 1995-2020 The Florida Legislature • Privacy Statement • Contact Us O 4- 0 I O O .2 O LU O O O O h r N N N Ui O Packet Pg. 2760 http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search_String=... 3/26/2020