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Item J09 } J.9 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting January 20, 2021 Agenda Item Number: J.9 Agenda Item Summary #7685 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 NA 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 234 remaining Market Rate - Rate of Growth Ordinance (ROGO) units, starting in ROGO year July 13, 2022 through July 12, 2026, to other allocation pools. See five (5) options in item background. 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 shying of market rate allocations to the affordable housing pool (BOCC members mentioned they were not in a position to make a decision and wanted a staff to develop a menu of options). Additionally, at the February meeting, the BOCC directed staff to start the process to accept the 300 workforce housing units. On the July 15, 2020 BOCC meeting, the BOCC discussed 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. The BOCC reviewed seven (7) potential options and directed staff to refine the options and prepare another agenda item for the BOCC, to include: retaining solve 177arket rule units, Shy fiirrg 177ur~ket rRale allocations to a Wor~kftrRce 177ur~ket rRale calego1 ,, shy fiirrg 177ur~ket rRale allocations to a }ti°or~kf trRce I ufftr~cdahle calegor~y', irrclu ding 014' rer~-occupiedandan option.ftr~ rental occ7 pcwc�"' in e }ti°�tr~k ltrRce uffdtrR dahle ca egor~ urr ddxt,s,sihly restricting the 0> available ufftrdahle allocations to Wor~kftr~ce units (BOCC mentioned concerns With restricting current ufftrRdahle Dousing units Which could cause issues With the /014' income housing tax credit (1.1H TC) pr ogrRur77 due to the Wor~kftrRce income requirements). Additionally, during a discussion item on potentially shifting market rate allocations to the affordable housing pool (agenda item I5), the BOCC provided further direction to staff on accepting Packet Pg. 1961 J.9 the 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept the 300 workforce housing early evacuation unit building permit allocations to be used in exchange for existing affordable allocations at multifamily developments (for developers that agree to the early evacuation restriction) and the affordable housing allocations returned to the County (returned in the exchange) be set aside and banked for takings cases (bank them within an administrative relief pool). Note, the development of the draft amendments for the 300 Workforce Initiative (early evac)units is being processed separately from this agenda item. ------------------------------------------------------------------------------------------------------------------------- Current demand for Market Rate allocations: The table below shows the ROGO allocations awarded for market-rate units for the previous eight (8) quarters. The demand for ROGO allocations in the Lower Keys slightly outpaces the availability of allocations in the recent quarters. Note, there is an increased demand starting 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 Q3 & 4 Ql Y28 Y29*** Lower Keys Available for Allocation 14 14 15 14 14 29 8 Total Applications Pending 13 21 20 14 22 30 13 Applications Approved for ROGO 13 21* 16 14 14 29 8 ApXlications remainin in ueue 0 0 4 0 8 5 Big Pine Key/No Name Key Available for Allocation 2 2 2 2 2 4 1 Total Applications Pending 28 27 26 25 27 25 21 Ap lications Approved for ROGO 2 2 2 2 2 4 1 Applications remainin in ueue 26 25 24 23 25 L 21 25 Upper Keys Available for Allocation 15 15 16 15 15 31 8 Total Applications Pending 21 19 18 21 15 26 14 Applications Approved for ROGO 15 15 14* 15 10** 21** 8** Applications remaining in queue 6 5 5 6 'Includes 7 unused Allocations from Quarters 1 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. "'Beginning July 13, 2020(ROGO YR 29), the available market rate allocations were reduced to 64 from 126 to extend the distribution of ROGO allocations through 2026 ------------------------------------------------------------------------------------------------------------------------- Since the July 15, 2020, BOCC meeting, staff has recalculated the available remaining allocations. There are currently 59 moderate affordable ROGO allocations available (4 AFH allocations were awarded with Quarter 1 of Year 29 at the PC meeting on November 18, 2020). There will be 234 market rate ROGO allocations available starting in ROGO year July 13, 2022 through July 12, 2026 Packet Pg. 1962 J.9 (250 remaining allocation and assuming no deductions to BPK (remove 16 allocation), this equals 234 ROGOs remaining to consider for shifts to other pools). Note, based on the timeframe to process comprehensive plan and land development code amendments, any changes directed by the BOCC are anticipated to be effective for the start of the July 13, 2022 ROGO year. Staff developed the following five (5) options for the BOCC's consideration: Option 1: Shift market rate allocations to a new workforce market rate housing pool, to a new workforce affordable housing pool and continue to process the amendment for the 300 early evacuation workforce housing units. Option 2: Take No Action on shifting market rate allocations but continue processing the amendment to accept the 300 workforce housing units. Option 3: Shift market rate allocations to only a new workforce affordable housing pool. Category limited to 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 affordable income limit, income earning requirement of 70% as members of the Workforce in Monroe County as well as annual verification of employment and income. Option 4: Shift market rate allocations to only a new workforce market rate housing pool. Category limited to 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. Implement through a required deed restriction for earning requirement of 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. NO INCOME CAP. Option 5: Take No Action on shifting market rate allocations but amend the definition of affordable housing to require future affordable housing units built with affordable allocations to meet the Workforce Housing requirements of earning 70% of their income as members of the Workforce in Monroe County. Potential Amendment options to address BOCC direction provided on 7.15.2020, for shifting allocations to a workforce market rate category and a workforce affordable category: 1. Take Action on shifting market rate allocations to: • a The County could create a new workforce affordable housing pool to be limited to individuals or families who derive at least 70% of their income as Packet Pg. 1963 J.9 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 as well as annual verification of employment and income eligibility. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce affordable housing pool. Example below with 77 allocations shifted. • a new wor Lorce market rate pool. The County could create a new workforce market rate housing pool to be limited to 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. Implement through a required deed restriction for earning 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. NO INCOME CAP. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce market rate housing pool. Example below with 77 allocations shifted. • and continue processing the amendment to accept the 300 workforce housing units. Proposed Amendment(deletions are ekeff4 h; additions are shown in tin derlined). Note, includes proposed amendments from the 300 workforce housing early evacuation unit, which are anticipated to be processed prior to this item. Policy 101.3.2 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO year and 300 workforce hmoum evacuation munit builctn� err ltm alloc-ationms arrtlrc>riaecl Florida De arty ent Economic QppL tunity.. A ROGO year means the twelve-month period beginning on July 13. Market rate allocations shall not to exceed 126 residential units per year. Unused allocations for market rate shall be available for Administrative Relief. In 2012, pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation Packet Pg. 1964 J.9 clearance time. This creates challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier 11, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. In recognition of the possibility that the inventory of vacant parcels exceeds the total number of allocations which the State will allow the County to award, the County �Ltggp cf a slower ra e of annual allocations for narket rate develgpl gnt to extend the allocation ti efra e to 2026 and is ac€�eptin� 3f}f� workforce (aff`ordable} F�c>usin� earlvmevacL�ait>n unit br�llchn� erini�t allocations theWorkforce-AffordableFou i ltlatIve (Pollcv 101 3el2: . p .... ... n ...................1niI ative Li11 t>rraed by -tire I-oricla A.t-rnlnismtra t-ion Conrnissi-on anmcl_mthe Florida. )epa:trnentctntlnlc C3pptrtcnitve 11�ese wcrlf`crce 1�cLsin early evacLaticn a1lc cations tl-at__are in__acicb_t-on to-the r aximurn buildimy en-nit allocations identified in Rules 28-20., 1 C: The County will consider adopting an extended timeframe for distribution of the ROGO allocations through 2033 with committed financial support from its State and Federal partners. This timeframe can provide a safety net to the County and provide additional time to implement land acquisition and other strategies to reduce the demand for ROGO allocations and help transition land into public ownership. The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations t11.rt u 1;i.__u y 12._2QZ2 -ti+P,-ffa+Re. If substantial financial support is provided by July 12, 2018 023, the County will reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations (through a comprehensive plan amendment). Further, the State and County shall develop a mutually agreeable position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an active role both directly and financially in the defense of such cases. The County shall distribute ROGO allocations by ROGO year, as provided in the table below. Packet Pg. 1965 J.9 I , I � t' El po 10 i f Jd 7 1'=� ® ) n , I 4a n i, � a a F7 dl ©I U I3 OMA r 1 F A w �. 2° � v a 92 IN PE s, ,. ¢ a a w P4 G �9J �9Y �9Y ��'��]py1: � y� G Fi C9 � fJ-� �� 4�•�!� •r � r� cm rn ca N ra ra ra ra O O O O O O O O O N PJ PJ PJ a i i 7i }V O O 4 CJ Q O 4 CJ CJ 4 4 6 6 ti ti ti ti Packet Pg. 1966 J.9 2. Take No Action on shifting market rate allocations to a workforce market rate category or a workforce affordable category but continue processing the amendment to accept the 300 workforce housing units. c Assuming the 300 workforce usi unit amendments are adopted and effective based on the tentative processing schedule, by July 2021, the County should have. workforce (affordable) housing units,, may have some remaining affordable allocations (frog the current and 250 market rate allocations (16 for Big Bins Key and 234 for the Upper& Lager Keys). c County may request affordable housing allocationsfrom the municipalities through interl 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: ROGO Year Annual Allocation Market Rate Workforce Initiative 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 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 Jul 13,2022—Jul 12,2023 64 59 affordable R��l y y allocations available July 13,2023—July 12,2024 62 300** 250 July 13,2024—July 12,2025 62 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. ** Workforce housin! early evacuation unit allocations shall be distributed on a first-come first-serve basis. Requests for dwellin! units developed and/or deed-restricted utilizing the workforce housin! early evacuation unit allocations are subiect to the provisions of Policv 101.3.12. NO change or shifts to Market Rate Allocation Pool Packet Pg. 1967 J.9 3. Take Action on shifting market rate allocations to only a �,!e o k o t e v1410r�jai)le holti i1rq! pkool. The County could create a new workforce affordable housing pool to be limited to 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 as well as annual verification of employment and income eligibility. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce affordable housing pool. Example below with 80 allocations shifted. Annual Allocation ROGO Yearaus , Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 11, o s July 13,2015—July 12,2016 126 n'h View July 13,2016—July 12,2017 126 Vs`@Ioo II'10: Ce AfMdble July 13,2017—July 12,2018 126 ao ojj`° 0' July 13,2018—July 12,2019 126 July 13,2019—July 12,2020 126 568 total AFH July 13,2020—July 12,2021 64 xs F (total available immediately) July 13,2021—July 12,2022 64 sr;'r 59 affordable ROGO July 13,2022—July 12,2023 44 r�r�- allocations available July 13,2023—July 12,2024 42 tEJuly 13,2024—July 12,2025 42 r� . July 13,2025—July 12,2026 42 TOTAL ' ' 1,180 :°;' 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. 1..<....... ..,._.. ,_.., v �,< <,s„�.,. _ fif fi �, , GI C 6,o s s s « _ t, E �, C i v." :.i�, i44 l �, f l ,e ............... ................. ...............A. ......... ......... ... ........................= t �,,..:.. r�' it I�r i( S cl cis rE,icl7 �r ct �.0 . --------------------------------- G t 11 1. ( f f ...,.,., f Packet Pg. 1968 J.9 Number of Dwelling Units Subarea ROGO Year: Julv 13,2020-July 12, 2021 ROGO Year: Julv 13,2021-Julv 12, 2022 Upper Keys 31 Lower Keys 29 64 Big Pine and No Name Keys 4 ROGO Years: ROGO Years: OL4HL-—22:—L2414- July 13, 2023- July 12, 2024 July 13, 2024- July 12, 2025 July 13, 2022-July 12, 2023 July 13, 2025- July 12, 2026 Upper Keys - 20 -34 19 Lower Keys 20 - 19 Big Pine and No Name Keys 4 4 Total market rate -64- 44 4m 42 =4+42+42+42 =170 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes Moderate Incomes 350* V." lh' � w 3 a, LTI ""22 *Includes one annually for Big Pine Key and No Name Key C S ,4> S3 E c. r .i.i, .. f>, , ..., it .` Sir i(r S cl i; � , Ii << ," it it W.ss rF,<. i F6 r c,. a, ...,.., ,.0 , ,,..., ,C .. ..... f .. .. ...................................... .. .. .,.. ..,, p tt c Assuming amendmentsare adopted and effective for the start of the July 13, 2022 ROGO year, the County should have: 80 new workforceaffordable /Pursing allocations nd may have some remaining ainin ff rd le allocations (from the current ) and 170 market rate allocations (16 for Big Pine Key and 154 for the Upper& Lower }e ). c County may request affordable housingll c tion 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. Packet Pg. 1969 J.9 4. Take Action on shifting market rate allocations to only a new workforce market rate pool. The County could create a new workforce market rate housing pool to be limited to 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. Implement through a required deed restriction for earning 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. NO INCOME CAP. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce market rate housing pool. Example below with 80 allocations shifted. Annual Allocation ROGO Year 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 80 allocations to the July 13,2016—July 12,2017 126 New orkforce July 13,2017—July 12,2018 126 Market Rate Housing Pool? July 13,2018—July 12,2019 126 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 64 n/a 59 affordable ROGO July 13,2022—July 12,2023 44 20** allocations available July 13,2023—July 12,2024 42 20** July 13,2024—July 12,2025 42 17( 20** July 13,2025—July 12,2026 42. 42 20** TOTAL 47240 1,180 80** 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 rental occupancy or owner-accup ncv by individuals or families who are gainfully emploved Supplying goads 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. These require a restrictive covenant. Rental occupancy units require annual verification of employment eligibility. Owner-occupied units require annual verification of employment and proof of a Homestead Exemption, issued by the Monroe County Property Appraiser's office, to be provided to the Planning Department within one (1) year of the issuance of Certificate of Occupancy for the dwelling unit. c Assuming amendments are adopted and effective for the start of the July 13, 2022 ROGO year, the County should have: 80 new e market rate housing allocations and may have some remaining affordable allocations (from Packet Pg. 1970 J.9 the current ) and 170 market rate allocations (16 for Big Pine Key and 154 for the Upper& Lower Keys). c County may request affordable housingll c ti rl from the municipalities through an int rl c l agreement between the sending local government and the County. There is no guaranteef the municipalities litiagreeing to transfer affordable allocations. Number of Dwelling Units Market Rate Subarea ROGO Year: Julv 13,2020-July 12, 2021 ROGO Year: Julv 13,2021-Julv 12, 2022 Upper Keys 31 Lower Keys 29 a Big Pine and No Name Kevs 4 ROGO Years: ROGO Years: Jul. —2 (4 1 , 2,( 2 July 13, 2023- July 12, 2024 �—�4- , July 13, 2024- July 12, 2025 July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 Upper Keys :4 20 :44 19 Lower Keys 20 19 44+42+42+42 Big Pine and No Name Keys 4 4 =170 Total market rate 44- 44 421 42 Workforce Market bate** ROGO Years: Julv 13, 2022-Julv 12, 2023 Julv 13, 2023-Julv 12, 2024 Julv 13, 2024-Julv 12, 2025 July 13, 2025-July 12, 2026 Upper Keys 10** Lower Kevs 10** Big Pine and No Name Kevs nla 20+20+20+20 =80 Total workforce market rate 20 ** Limited to rental occupancy or owner-occupancy by individuals or families who are gainf& emploved 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. These require a restrictive covenant. Rental occupancy units require annual verification of employment eligibility. Owner-occupied units require annual verification of employment and proof of a Homestead Exemption, issued by the Monroe County Property Appraiser's office, to be provided to the Planning Department within one 1 vear of the issuance of Certificate of Occu ancv far the dwellim4 unit. Affordable Dwelling Units Very Low, Low, and Median 360* Incomes Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key Packet Pg. 1971 J.9 5. Take No Action on shifting market rate allocations but amend the definition of affordable housing to require future affordable housing units built with affordable allocations to meet the Workforce Housing requirements of earning 70% of their income as members of the Workforce in Monroe County. EXAMPLE: 2030 Comprehensive Plan - GLOSSARY General If definitions sought are not within this section, the County shall utilize the adopted definitions of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the County shall utilize the term as commonly used. Defined Terms Affordable Housing means residential dwelling units that meet the following requirements: a. Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the County; and b. Have a sale price or rental amount that is within the financial means of County households, as defined in the Land Development Code; and c. Meet the income requirements as defined in the Land Development Codeew and d lrnitetl tt o Lp cv by incliviclL als car f`a nilies w1�c are alnf llly employed sL lving goods and/or services to Monroe County residents or visitors and who derive at least 70% _______ _______ _________ _________ _______ _________________ of` their incc»ne as rnernbers of` the workforce in Monroe County and wht> rneet the affordable I1ous'�� Inct��ne re, L�ire�nents in t1�e 1...,ancf 1)evelc. rnent Code, Land Development Code Section 101-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Affordable housing. (1) Affordable housing means residential dwelling units that meet the following requirements: a. Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the county; and b. A dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which represents either 50 percent (very low income) or 80 percent (low income) or 100 percent (median income) or 120 percent (moderate income) of the monthly median adjusted household income for the county....,,_.nth; c°m _ rnited to occ i ancv bv_individuals or families who are gainfullym��?? loved sL� lvin c>c>cls ancl;"t>r services tt> 'tt>nrt>e t>Lnty residents t>r visitors and who derive at leant 70% Packet Pg. 1972 J.9 of` their income as members bers of` the workforce in Monroe C oun.tV antl wl�t� meet the ...affordable.� ........................�...._�......_V1 ....r..l.�.._`.-_..n.......... r...�rl......_V........................................................................................................................................ u.............................................................................................. t.Lis ct e categories, (2)Affordable housing owner occupied, low income, means a dwelling unit occupied only by a household whose total household income does not exceed 80 percent of the median monthly household income for the county. (3)Affordable housing owner occupied, median income, means a dwelling unit occupied only by a household whose total household income does not exceed 100 percent of the median monthly household income for the county. (4) Affordable housing owner occupied, moderate income, means a dwelling unit occupied only by a household whose total household income does not exceed 160 percent of the median monthly household income for the county. (5) Affordable housing owner occupied, very low income, means a dwelling unit occupied only by a household whose total household income does not exceed 50 percent of the median monthly household income for the county. (6) Affordable housing trust fund means a trust fund established and maintained by the county for the purpose of preserving existing and promoting creation of new affordable and employee housing. Funds collected for and deposited in the trust fund shall be used exclusively for purposes of creating, preserving or maintaining affordable and employee housing in the Florida Keys. (7) Affordable rental housing, low income, means a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents up to 80 percent of the monthly median adjusted household income for the county. (8) Affordable rental housing, median income, means a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents up to 100 percent of the monthly adjusted median household income for the county. (9)Affordable rental housing, moderate income, means a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents up to 120 percent of the monthly median adjusted household income for the county. (10) Affordable rental housing, very low income, means a rental dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents up to 50 percent of the monthly median adjusted household income for the county. 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. Packet Pg. 1973 J.9 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 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: 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. 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. On the July 15, 2020 BOCC meeting, the BOCC discussed 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. The BOCC reviewed seven (7) potential options and directed staff to refine the options and prepare another agenda item for the BOCC, to include: retaining some market rate units, shying market rate allocations to a workforce market rate category, shying market rate allocations to a workforce affordable category, including owner-occupied and an option for rental occupancy in Packet Pg. 1974 J.9 the workforce affordable category andpossibly restricting the 63 available affordable allocations to workforce units (BOCC mentioned concerns with restricting current affordable housing units which could cause issues with the low income housing tax credit (LIHTC)program due to the workforce income requirements). Additionally, during a discussion item on potentially shifting market rate allocations to the affordable housing pool (agenda item I5), the BOCC provided further direction to staff on accepting the 300 workforce housing early evacuation unit building permit allocations. The BOCC directed: accept the 300 workforce housing early evacuation unit building permit allocations to be used in exchange for existing affordable allocations at multifamily developments (for developers that agree to the early evacuation restriction) and the affordable housing allocations returned to the County (returned in the exchange) be set aside and banked for takings cases (bank them within an administrative relief pool). Note, the development of the draft amendments for the 300 Workforce Initiative (early evac)units is being processed separately from this agenda item. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff seeks direction on the five (5) options provided. Staff does not recommend shifting any market rate allocations at this time. As of July 13, 2020 (ROGO YR 29), the available market rate allocations were reduced to 64 from 126 to extend the distribution of ROGO allocations through 2026. The current demand for Market Rate allocations in all three ROGO subareas outpaces the availability of allocations. With the limited number of market rate allocations available for shifting (approx. 200), the potential shifting of these allocations will create more competition for the limited available market rate allocations and could increase the demand for administrative relief. Further, creating new ROGO categories (a new workforce affordable housing pool and/or new workforce market rate pool)will result in a more complicated process (different categories, criteria, staff reviews, distribution by ROGO subarea and distribution by quarters) and would require more administration to implement the requirements for new ROGO categories (additional staff reviews to process and evaluate applications). DOCUMENTATION: 5 options for shifting market rate allocations_BOCC discussion item_l.20.2021 AIS_July 15 2020_shift MR to AFH_BOCC discussion item AIS_Feb 19 2020 shift Units and shifting allocations discussion FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg. 1975 J.9 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 12/29/2020 2:58 PM Derek Howard Completed 12/30/2020 11:03 AM Assistant County Administrator Christine Hurley Completed 12/30/2020 2:41 PM Purchasing Completed 12/30/2020 2:44 PM Budget and Finance Completed 12/30/2020 2:56 PM Maria Slavik Completed 12/30/2020 3:39 PM Liz Yongue Completed 01/04/2021 4:32 PM Board of County Commissioners Pending 01/20/2021 9:00 AM Packet Pg. 1976 J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 0 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 234 remaining Market Rate - Rate of Growth Ordinance (ROGO) units, starting in ROGO year July 13, 2022 through July 12, 2026, to other allocation pools. See five (5) options. E Five (5) options for the BOCC's consideration: Option 1: Shift market rate allocations to a new workforce market rate housing pool,to a new workforce 0 affordable housing pool and continue to process the amendment for the 300 early evacuation workforce 4- housing units. 0 Option 2: Take No Action on shifting market rate allocations but continue processing the amendment to accept the 300 early evacuation workforce housing units. Option 3: Shift market rate allocations to only a new workforce affordable housing pool. Category limited to 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 affordable income limit, income earning requirement of 70% as members of the Workforce in Monroe County as well as annual verification of employment and E� income. c Option 4: Shift market rate allocations to only a new workforce market rate housing pool. Category limited to individuals or families who derive at Least 70%of their income as members of the Workforce U in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors. Implement through a required deed restriction for earning requirement of 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. 0 NO INCOME CAP. Option 5: Take No Action on shifting market rate allocations but amend the definition of affordable housing to require future affordable housing units built with affordable allocations to meet the 2 Workforce Housing requirements of earning 70% of their income as members of the Workforce in Monroe County. 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 shying ofmarket rate allocations to the affordable housing pool(BOCC members mentioned they were not in a position to make a decision and wanted a staff to develop a menu of options). Additionally, at the February meeting, the BOCC directed staff to start the process to accept the 300 workforce housing units. LO On the July 15, 2020 BOCC meeting, the BOCC discussed whether to direct staff to process a comprehensive E plan and land development code amendment to move a portion of the 294 remaining Market Rate - Rate of U Growth Ordinance(ROGO)units through 2026 to the affordable housing allocation pool. The BOCC reviewed seven (7) potential options and directed staff to refine the options and prepare another agenda item for the Page 1 of 13 Packet Pg. 1977 J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 BOCC, to include: rReiuinin .solve 177cir~kei rRcrie units, .shy fiing 177ur~kei role ullocuiions to a Wor~kftrRce 177ur~kei c rule cuie or ,sl fiirr 177cirket rule ullctcuiiorzs to a }ti°or~IcfitrRce uffitrdahle cure or~ ,,, inchtcdira(;014' er~-occupied v, and err optionfd)rR rental �tcettd�urt cy in the }ti°�tr~IcfitrRce uffdtrRduhle cuie �tr~ and dxt,s,sihl rRcj,sirRiciirr the 6> uvuiluhle u.1brdahle cilloccriions itt }ti°ctr~IcfdtrRce units (/ (�('C' r cjrriictrrcju concerns With r~cj,sir~iciirr current u.jbr~edcihle housing units Which cooled ccinse i.s.site,s With the l014° income housing iux credit (1.1H TC)prRo rRur77 cdt.te to the Wor lklbr°ce income r°equir°elnents). Additionally, during a discussion item on potentially shifting market rate allocations to the affordable housing 0 pool (agenda item I5), the BOCC provided further direction to staff on accepting the 300 workforce housing 4- early evacuation unit building permit allocations. The BOCC directed: accept the 300 workforce housing early 0 evacuation unit building permit allocations to be used in exchange for existing affordable allocations at multifamily developments (for developers that agree to the early evacuation restriction) and the affordable r_ housing allocations returned to the County (returned in the exchange)be set aside and banked for takings cases (bank them within an administrative relief pool). Note, the development of the draft amendments for the 300 Workforce Initiative (early evac)units is being processed separately from this agenda item. ------------------------------------------------------------------------------------------------------------------------------- Current demand for Market Rate allocations: The table below shows the ROGO allocations awarded for market-rate units for the previous eight(8)quarters. The demand for ROGO allocations in the Lower Keys slightly outpaces the availability of allocations in the E� recent quarters. Note, there is an increased demand starting 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 Q3 & 4 Ql Y28 Y29*** U Lower Keys Available for Allocation 14 14 15 14 14 29 8 i Total Applications Pending 13 21 20 14 22 30 13 Applications Approved for ROGO 13 21* 16 14 14 29 8 A lications remainin in ueue 0 0 4 0 8 5 o Big Pine Key/No Name Key Available for Allocation 2 2 2 2 2 4 1 Total Applications Pending 28 27 26 25 27 25 21 Applications Approved for ROGO 2 2 2 2 2 4 1 ApXlications remainin in ueue Zit 25 24 23 1 25 1 21 1 20 CD Upper Keys Available for Allocation 15 15 16 15 15 31 8 Total Applications Pending 21 19 18 21 15 26 14 0 A plications Approved for ROGO 15 15 14* 15 10** 21** 8** Applications remaining in queue i i 5 5 i 2 'Includes 7 unused Allocations from Quarters 1 and 2. 0 "Did not distribute all allocations due to limitation of the number of Tier I properties that may receive an allocation per ROGO year. 'n "'Beginning July 13,2020(ROGO YR 29)the available market rate allocations were reduced to 64 from 126 to extend the distribution of ROGO allocations through 2026 ------------------------------------------------------------------------------------------------------------------------------- Page 2 of 13 Packet Pg. 1978 J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 Since the July 15, 2020, BOCC meeting, staff has recalculated the available remaining allocations. There are c currently 59 moderate affordable ROGO allocations available (4 AFH allocations were awarded with Quarter 1 of Year 29 at the PC meeting on November 18, 2020). There will be 234 market rate ROGO allocations available starting in ROGO year July 13, 2022 through July 12, 2026 (250 remaining allocation and assuming no deductions to BPK(remove 16 allocation),this equals 234 ROGOs remaining to consider for shifts to other pools). E Note, based on the timeframe to process comprehensive plan and land development code amendments, any 0 changes directed by the BOCC are anticipated to be effective for the start of the July 13, 2022 ROGO year. „, 0 Staff developed the following five (5) options for the BOCC's consideration: Option 1: Shift market rate allocations to a new workforce market rate housing pool,to a new workforce r- affordable housing pool and continue to process the amendment for the 300 early evacuation workforce housing units. Option 2: Take No Action on shifting market rate allocations but continue processing the amendment to accept the 300 workforce housing units. N Option 3: Shift market rate allocations to only a new workforce affordable housing pool. Category limited to individuals or families who derive at Least 70%of their income as members of the Workforce E� 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 affordable income limit, income earning requirement of 70% as members of the Workforce in Monroe County as well as annual verification of employment and income. Option 4: Shift market rate allocations to only a new workforce market rate housing pool. Category limited to individuals or families who derive at Least 70%of their income as members of the Workforce �i in Monroe County and are gainfully employed supplying goods and/or services to Monroe County residents or visitors. Implement through a required deed restriction for earning requirement of 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. o NO INCOME CAP. 6 Option 5: Take No Action on shifting market rate allocations but amend the definition of affordable housing to require future affordable housing units built with affordable allocations to meet the Workforce Housing requirements of earning 70% of their income as members of the Workforce in E Monroe County. Potential Amendment to address BOCC direction provided on 7.15.2020, for shifting y allocations to a workforce market rate category and a workforce affordable category: 0 LO 1. Take Action on shifting market rate allocations to: • a , J �-%,o kfO e a 0r�Jai)le_ The County could create a new workforce affordable housing pool to be limited to individuals or families who derive at least 70% of their income as members of the Workforce in Page 3 of 13 Packet Pg. 1979 J.9.a Shifting Allocations-revised option for the BOCC's consideration based on direction provided on 7.15.2020 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 as well as annual verification of employment and income eligibility. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce affordable housing pool. Example below with 77 allocations shifted. 0) • a new wor Lorce market ratepool. The County could create a new workforce market rate housing pool to be limited to individuals or families who derive N at least 70% of their income as members of the Workforce in Monroe County and are gainfully employed supplying goods and/or services to y Monroe County residents or visitors. Implement through a required deed restriction for earning 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. NO INCOME CAP. Direct staff to start the process and prepare draft E amendments to shift ### market rate allocations to the new workforce market rate housing pool. Example below with 77 allocations shifted. • and continue processing the amendment to accept the 300 workforce housing units. y Proposed Amendment(deletions are additions are shown in underlined). Note, includes proposed amendments from the 300 workforce housing early evacuation unit, which are ca anticipated to be processed prior to this item. 0 Policy 101.3.2 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance shall 2 not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July 12, 2026, plus any available unused ROGO allocations from a previous ROGO year_and-300_workfmc>rce_hou-sing elv evacuation Lnitbuiltlingerrlt11cc ttnsLt1�trlaetl by tl�e ltritl tlinistrtitn C:tissitn and the 1t>rida De artmenmt E onorn c,_�jpp itv.. A ROGO year means the twelve-month period � beginning on July 13. Market rate allocations shall not to exceed 126 residential units per year. Unused allocations for market rate shall be available for Administrative Relief. In 2012,pursuant to Rule 28-20.140, F.A.C., the Department of Economic Opportunity completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits,the Florida Keys would be at a 24 hour evacuation clearance time. This creates challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier II, 260 Tier III-A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new LO allocations this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. In recognition of the possibility that the inventory of vacant parcels exceeds the E total number of allocations which the State will allow the County to award,the County-ct c>ptecf._ ._slower rate oaf annmualmallocations for inarkmet rate develt� �nentmto extend the allocation ti nefrarne to 2026 and � Is cce tins 300 workforce (afftjrtlj 1� g 1�t�L�sin� early evacL�atit�nm Unit builclin� mmerrnit al ocations Page 4 of 13 Packet Pg. 1980 Shifting Allocations-revised option for the BOCC's consideration based on direction provided on 7.15.2020 MEHiiiD.I.-to the Workforce-Affordable Housing...Lfliltiative (Policy 1013,12 Workforce Initiative) 0 ....................................................................................... ..................................... a..0 t.b.Q.j..z..e..d by the Florida Administration Commission and the Florida Deoartment Econornic --------------------------------------------QppLLtunity, These workforce hous im4 earlv evacuation allocations that are in addition to the inaxil-nul-n h1ji d niy.pejMit allocations identified in Rules 28-20., FA-C, The County will consider adopting an ............................................................................................................................................................................... extended timeframe for distribution of the ROGO allocations through 2033 with committed financial support from its State and Federal partners. This timeframe can provide a safety net to the County and E provide additional time to implement land acquisition and other strategies to reduce the demand for ROGO allocations and help transition land into public ownership. 0 E 4 , The County is actively engaged in acquisitions and is requesting its State and Federal partners for 0 E assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations 11.i r..Qllgh July 12.2926 If substantial financial r- 0 support is provided by July 12, 2018 023,the County will reevaluate the ROGO distribution allocation schedule and consider an extended timeframe for the distribution of market rate allocations (through a comprehensive plan amendment). Further, the State and County shall develop a mutually agreeable T) position defending inverse condemnation cases and Bert J. Harris, Jr. Private Property Rights Protection Act cases, with the State having an active role both directly and financially in the defense of such cases. The County shall distribute ROGO allocations by ROGO year, as provided in the table below. E 0 .2 E 0 0 LO E U Page 5 of 13 Packet Pg. 1981 o&sO&ea&O)gaeW OUTAOW JO WO;!uoassnos!a) 6ZOZ'OZ'�wa&i uoissnosip 000g suw&eoolle a&ea&aMiew Bui}}iys ao;suopdo S:&uawLjoe&&y ............. ......... . _,,,,,,,,,,,,- - _ ....._. _,,,,,,,,,,,,,_ ......... ......... ..... ........ ......... --- -i' I a �ib 4-1 in ° � FI � I I C ° a o tz •O m at U yO N.d O O' o o b1 b ° of 2-5.W � � � s� N Pa Pw Pw r� � � � � o•a � � � �.� Ul bl i:� 'm.a b 18 in o ° o h0l h0I h0l h0l "� �^K. •-. ✓ti d' x O �.:.d.« in .0 O O O O O O O O O N N N N N N N N N N N N N ti ti ti ti ti ti ti ti ti ti ti ti ti M M M M ti ti ti ti ti ti ti ti ti 7 7 7 7 ti ti ti ti J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 0 2. Take No Action on shifting market rate allocations to a workforce market rate category or a workforce affordable category but continue processing the amendment to accept the 300 workforce housing units. o Assuming the workforce hoe sin unit amendments are adopted and effective based CD n the tentative pr c rr"r ched l , by July 2021, the County should have. workforce (affordable) housing units, may have some remaining ainin ff rdable allocation (from the current 29j and 250 market rate allocations (16 for Big Pare Key and 234 for the Upper& Lager Keys). E O County may request affordable housing allocationsfrom the municipalities through an rrlt rl c l agreement between the sending local government and the County. There is no .N guarantee f the municipalities r in 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: cv cv ROGO Year Annual Allocation T"I Market Rate Workforce Initiative 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 U 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 M 59 affordable ROGO July 13,2022—July 12,2023 64 allocations available July 13,2023—July 12,2024 62 300** 2so � July 13,2024—July 12,2025 62 E July 13,2025—July 12,2026 62 CD 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. **Workforce housin,2 early evacuation unit allocations shall be distributed on a first-come first-serve basis.Requests for dwellin! units developed and/or deed-restricted utilizing the workforce housin! early evacuation unit allocations are 0. subiect to the provisions of Policv 101.3.12. c LO NO change or shifts to Market Rate Allocation Pool Page 7 of 13 Packet Pg. 1983 J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 3. Take Action on shifting market rate allocations to only a ,-Re y�f,,)r�,,1'0 , 0 hoitisitv41" vkoo . The County could create a new workforce affordable housing pool ---------------- to be limited to 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 as well as annual verification of employment and income eligibility. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce affordable housing pool. Example below with 80 allocations shifted. N — y Annual Allocation i� ROGO Year 3 - , Market Rate -- - �a Affordable Housing N cv July 13,2013—July 12,2014 126 71 cv July 13,2014—July 12,2015 126 71IS r July 13,2015—July 12,2016 126 a° . E o V'e July 13,2016—July 12,2017 126 Vs`@IoA IGf=e 0 July 13,2017—July 12,2018 126 p _ „o July 13,2018—July 12,2019 126 July 13,2019—July 12,2020 126 568 total AFH July 13,2020—July 12,2021 64 s (total available immediately) July 13,2021—July 12,2022 64 59 affordable ROGO C July 13,2022—July 12,2023 44r?r allocations available M July 13,2023—July 12,2024 42. 42 170 — July 13,2024—July 12,2025 ;z 42 July 13,2025—July 12,2026 ;z 42 TOTAL -�724 1,180 � °' 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take E Permit(ITP)ending in 2023. 1........":.'i I ,r...« , �,< <, „ „ „� ,�,� ..------------------ r „ C C, . ,.ks" ... ... ... ... .., .... .... ... ... ... ... .., [ .. ...s E �, �I 1[[. 2,1 �,. �,�� 'p it,.C' „r.,.W,l „ ,..t,r i „".s i ,,,,.., ., f {.._. f .. ` f W Fw s, t1 �r< t', ! ! ! ( � , � , s �.. � , I f Lf) t U Page 8 of 13 Packet Pg. 1984 J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 0 Number of Dwelling Units v, Subarea ROGO Year: July 13,2020- July 12, 2021 ROGO Year: Julv 13,2021- July 12, 2022 F Upper Keys 31 � Lower Kevs 29 64 E Big Pine and No Name Keys 4 ROGO Years: ROGO Years: 0 July 13, 2023- July 12, 2024 July 13, 2024- July 12, 2025 c July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 Upper Keys - 20 -4 19 Lower Keys uy), 20 2114 19 Big Pine and No Name Keys 4 4 Total market rate 44- 44 4m 42 =4+42+42+42 � =170 p Affordable Dwelling Units N Very Low, Low, and Median 360* Incomes ry Moderate Incomes 350* mom, 2 *Includes one annually for Big Pine Key and No Name Key c :r,r,t „ ,r,rb .. r rt /f} ( 3 .� F ,r :.r it ,ri i SC i(r L\ ,.�F .& rc .r .,rs ( i 4 4 r 4 . r.,, l �, - f f _ f lr,. ,l O .. ,.,, .. .. ... .. .. .. f p 0 ..: C cc • Assuming amendments dent are adopted and effective for the start of the July 13, 2022 ROGO year, the County should have: 80 new workforce affordable housina allocationsand may have some remaining affordable allocations (from the current ) and m rk t rate allocations (16 for Frig Pine Key and 154 for the Upper& Lager Keys). y o County may request affordable housing ll c ti n from the municipalities through an irlt rl c l agreement between the sending local government and the County. There is no guarantee f the municipalities r in to transfer affordable allocations. 0 LO Page 9 of 13 Packet Pg. 1985 J.9.a Shifting Allocations—revised option for the BOCC's consideration based on direction provided on 7.15.2020 4. Take Action on shifting market rate allocations to only a new workforce market 0 rate pool. The County could create a new workforce market rate housing pool to be limited to 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. Implement through a required deed restriction for earning 70% of income as members of the Workforce in Monroe County as well as annual verification of employment. NO INCOME CAP. Direct staff to start the process and prepare draft amendments to shift ### market rate allocations to the new workforce market rate housing pool. Example below with 80 allocations shifted. Annual Allocation ROGO Year U Market Rate Workforce Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 r N July 13,2014—July 12,2015 126 71 �y July 13,2015—July 12,2016 126 5hi 80 allocations to the July 13,2016—July 12,2017 126 New Workforce July 13,2017—July 12,2018 126 Market Rate Housing Pool? July 13,2018—July 12,2019 126 2 July 13,2019—July 12,2020 126 568 total AFH July 13,2020—July 12,2021 64 n/a (total available immediately) A July 13,2021—July 12,2022 64 n/a 59 affordable ROGO U July 13,2022—July 12,2023 44 20** allocations available July 13,2023—July 12,2024 42 20** 170 0 July 13,2024—July 12,2025 42 20** July 13,2025—July 12,2026 42 20** o TOTAL 47240 1,180 80** 710* *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental Take F Permit(ITP)ending in 2023. ** Limited to rental occupancy or owner-occupancy by 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 CD of the Workforce in Monroe County with NO INCOME CAP. These require a restrictive covenant. Rental occupancX units require annual verification of employment eligibility. Owner-occupied units require annual verification of employment and proof of a Homestead Exemption, issued by the Monroe County Property Appraiser's office, to be provided to the Planning Department within one (1)year of the issuance of Certificate of Occupancy for the dwelling unit. 0 o Assuming amendmentsare adopted and effective for the start of the July 13, 2022 ROGO LO year, the County should have: 80 new e market rate housinu allocations and may have some remaining affordable allocations (from the current ) and m rket 0) rate allocations (16 for Frig fine Key and 154 for the Upper& Lager Keys). � Page 10 of 13 Packet Pg. 1986 J.9.a Shifting Allocations-revised option for the BOCC's consideration based on direction provided on 7.15.2020 o County may request affordable housing allocationsfrom the municipalities through lilt rl c l agreement between the sending local government and the County. There is no guarantee f the municipalities agreeing to transfer affordable allocations. Number of Dwelling Units Market Rate � Subarea ROGO Year: Julv 13,2020- Julv 12, 2021 0 ROGO Year: July 13,2021- July 12, 2022 , Upper Keys 31 E Lower Kevs 22 64 Big Pine and No Name Kevs 4 � ROGO Years: ROGO Years: - -"( ( — - "( July 13, 2023- July 12, 2024 July 13, 2024- July 12, 2025 �- July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 N Upper Keys -i 20 -34 19 N Lower Keys ,-4), 20 2114 19 44+42+42+42 N Big Pine and No Name Keys 4 4 =170 Ti Total market rate 44- 44 4m 42 Workforce Market bate** � ROGO Years: Julv 13, 2022- Julv 12, 2023 A Julv 13, 2023- Julv 12, 2024 July 13, 2024- July 12, 2025 Julv 13, 2025- Julv 12, 2026 CO Upper Keys 10** Lower Kevs ** 10�. . 20+20+20+20 Big Pine and No Name Kevs nla =80 0 Total workforce market rate 20 CU ** Limited to rental occupancy or owner-occupancy by 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 Countv with NO INCOME CAP. These reduire a restrictive covenant.Rental occupancy units reduire annual E verification of employment eligibility. Owner-occupied units reduire annual verification of employment and proof of a Homestead Exemption, issued by the Monroe County Property Appraiser's office,to be provided to the Planning Department within one(1)vear of the issuance of Certificate of Occupancy far the dwellin unit. Affordable Dwelling Units c Very Low, Low, and Median 360* c Incomes "' Moderate Incomes 350* *Includes one annually for Big Pine Key and No Name Key Page 11 of 13 Packet Pg. 1987 J.9.a Shifting Allocations-revised option for the BOCC's consideration based on direction provided on 7.15.2020 0 5. Take No Action on shifting market rate allocations but amend the definition of affordable housing to require future affordable housing units built with affordable' allocations to meet the Workforce Housing requirements of earning 70% of their income as members of the Workforce in Monroe County. EXAMPLE: > 0 2030 Comprehensive Plan - GLOSSARY 0 General E If definitions sought are not within this section,the County shall utilize the adopted definitions of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents,the County .2 shall utilize the term as commonly used. Defined Terms �-- Affordable Housing means residential dwelling units that meet the following requirements: a. Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the County; and b. Have a sale price or rental amount that is within the financial means of County households, as defined in the Land Development Code; and c. Meet the income requirements, as defined in the Land Development Code and .2 d,I.mirnited t t ccLi nmcvmbv_indivldmuals or families who are gainfullvmej It.jveL�sLi ins goods and/or services tt> MQn.rQe .Q.uR1y residents or visitors and who derive at least 70% of`their into ne as � members mbers__of' the mworkforce inm__mMonro Cmt�L�nty_ antl wlimt� meet the maffordmablem__f�mouslngy inctnne � reLire�nents in tFre 1.ancl Ievelt>p�nent C t>cle. U cs i Land Development Code Section 101-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to 0 them in this section, except where the context clearly indicates a different meaning: Affordable housing. (1)Affordable housing means residential dwelling units that meet the following requirements: a. Meet all applicable requirements of the United States Department of Housing and Urban E Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the county; and b. A dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of that amount which represents either 50 percent(very low income) or 80 percent(low income) or 100 0 percent (median income) or 120 percent (moderate income) of the monthly median adjusted household income for the coun anmd c c 1 lr lted tt occup ncv by individuals or families who are gginfully ern lt�vetl sL�Op_lvin-,goods c an-d_ter services t-o--Morro-e-C o-untv_residents_or_visitors antl at wh-o- e-dvem least_70- o their inc one as members bers cif the workforce in Monroe County and who meet the affordable housing inco e a ca e�t>rres. .� Page 12 of 13 Packet Pg. 1988 J.9.a Shifting Allocations-revised option for the BOCC's consideration based on direction provided on 7.15.2020 (2) Affordable housing owner occupied, low income, means a dwelling unit occupied only by a 0 household whose total household income does not exceed 80 percent of the median monthly household income for the county. (3) Affordable housing owner occupied, median income, means a dwelling unit occupied only by a household whose total household income does not exceed 100 percent of the median monthly household income for the county. E (4)Affordable housing owner occupied, moderate income, means a dwelling unit occupied only by a household whose total household income does not exceed 160 percent of the median monthly 0 household income for the county. , (5)Affordable housing owner occupied, very low income, means a dwelling unit occupied only by a 0 household whose total household income does not exceed 50 percent of the median monthly household income for the county. (6)Affordable housing trust fund means a trust fund established and maintained by the county for the purpose of preserving existing and promoting creation of new affordable and employee housing.Funds collected for and deposited in the trust fund shall be used exclusively for purposes of creating, T preserving or maintaining affordable and employee housing in the Florida Keys. (7)Affordable rental housing, low income, means a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents up to 80 percent of the monthly median adjusted household income for the county. (8) Affordable rental housing, median income, means a dwelling unit whose monthly rent, not including utilities, does not exceed 30 percent of the amount that represents up to 100 percent of the monthly adjusted median household income for the county. (9) Affordable rental housing, moderate income, means a dwelling unit whose monthly rent, notes including utilities, does not exceed 30 percent of the amount that represents up to 120 percent of the monthly median adjusted household income for the county. (10) Affordable rental housing, very low income, means a rental dwelling unit whose monthly rent not including utilities, does not exceed 30 percent of the amount that represents up to 50 percent of 0 the monthly median adjusted household income for the county. yi 0 STAFF RECOMMENDATION: Staff seeks direction on the five (5) options provided. Staff does not recommend shifting any market rate allocations at this time. Beginning July 13, 2020 (ROGO YR 29), the available market rate allocations were reduced to 64 from 126 to extend the distribution of ROGO allocations through 2026. The current demand for Market Rate allocations in all three ROGO subareas outpaces the availability of allocations. 0 With the limited number of market rate allocations available for shifting (approx. 200), the potential shifting of these allocations will create more competition for the limited available market rate allocations and could increase the demand for administrative relief. Further, creating new ROGO categories (a new 0 LO workforce affordable housing pool and/or new workforce market rate pool) will result in a more complicated process (different categories, criteria, staff reviews, distribution by ROGO subarea and 0) distribution by quarters) and would require more administration to implement the requirements for new ROGO categories (additional staff reviews to process and evaluate applications). �t Page 13 of 13 Packet Pg. 1989 [, BOARD OF COUNTY COMMISSIONERS County of Monroe •y Mayor Heather Carruthers,District 3 .�1 Mayor Pro Tem Michelle Coldiron,District 2 TlieOrlda Keys �� , �' �� Craig Cates,District 1 j David Rice,District 4 Sylvia J.Murphy,District 5 p County Cornniission Meeting July 15, 2020 Agenda Item Number: I.5 Agenda Item Summary #7032 0 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 N/A CD 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 0 Market Rate - Rate of Growth Ordinance (ROGO) units through 2026 to the affordable housing , allocation pool. 0 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 E evacuation model. At the February meeting, the BOCC did not decide on the potential shifting of market rate allocations to In 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 i Housing units (amendments still in development). The development of the draft amendments for the U- 300 Workforce Housing units is being processed separately from this agenda item. Staff estimates the 0 following tentative schedule for the 300 Workforce Housing unit amendments: Comprehensive Plan 300 workforce early evacuation units "= • Community meeting July 28, 2020 �i • Development Review Committee (DRC) August 25, 2020 `" • Planning Commission (PC) October 28, 2020 or November 18, 2020 n • BOCC January 2021 —Transmittal • BOCC March 2021 —Adoption v) Land Development Code 300 workforce early evacuation units • Community meeting July 28 • Development Review Committee (DRC) August 25, 2020 • Planning Commission (PC) October 28, 2020 or November 18, 2020 e( Packet Pg. 1990 • BOCC March 2021 —Adoption c, It should be noted that the municipalities (Cities) of Islamorada, Marathon, and Key West have all 06 amended their Comprehensive Plans to accept the 300 Workforce Housing units and those amendments CL 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. o 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? 4, 0 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 area currently 63 moderate affordable ROGO allocations available (certain AFH allocations were returned to the County). Tilt i"cxdrtR gknall clu lnlYinilt r 5 a114u.asinns by_'.4 Rrar,as prcnkfod in dlw talile •• 17c l,rye. C r �6eeeav� l3tl+c rt�iad CE I t ., . . + IS7r«xtl 5 ruin ! 'W'[artna d--n� E .4rPo htlsltl� •' .,.. — .....— — _— ..I j laal}1 3,a01 i l rlg 12,2014� 3wfs 71 0 hJ1+ 's14, 1u1at 'tlr 18 q 378 ROG s 6u14 1 t 1 lair 'd17 s to is'total for. ... =� lq 14[4 "t11 1tt15-1 Ct18 116 remaining t 1vtls 14 tbl lwly 12,1019 7, ROGO years. , Note.tdwould My 112010,piny 12. 11160 %S tovaI Arl1001al I take approx.t h 1 R,20'1.Yuh V" '1 —a 12i f 3t rLtiS,;r ud9 zx 3aaaC'14`S year to process amendments 0 �t�sC�i _ Rv(S Cd,,'. sv11k E m { a69d�adiaaros. r..,i 1„IS 1a us 1„I r4 .. s= �at�.lurir's two axEuuu ua8,.,a tfoa&W l;k% �C1c'ustt+at.1j1 dw Big 1'a.0 3�o ;'o Ni ajlk Kvy N uiba =,s1 *, sska rl lrk�ll .al 411�di Iga�r�f .lt N to r After 1 year to process amendments 314 remaining ROGOs.Assuming no change to BPK(remove 20 allocations)®294 ROGOs remaining to consider for a shift for market 75 rate. I 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 Packet Pg. 1991 through 2026, instead of 126 annually through 2023. is T41s,c County rltfall diwiblae I1, atllt att at 1 , a„ law°tt�°sa ed in the t bl� 06 blow, _ CL . ,w Annual Allocati n ear l 'iaaLkw rate Affordable haul i .?t)l. s ji91k 12.202 f 126 � larl; l 3.20-10=,Italy l Z" 202 126 64 568 toast-A Ii Octal � Jval i tt l= laal l t,N 1 4;0l aaaalableiaaadaae ataly) cn Taal log, Baal l tN .1, d 24 6 n T,t Ii!b'-„1.2J E 6tt CD 1A1 . r I I md, l '260' mm.m Includes taws annual al affordable allocats¢ata for the Big Pixie lacy No Satatae e IL 0 t,ula aa't a l t l i tb �knkiot� l l ll 1, N .tt T 1. lkl 1_. 'dame.l -24.Residential O Allocations. N (a)Xastaber of a ivnisa le annual r'aSratme rtimI ; aflovarwnm `l lac as tttalact atl'taaaaalt t raat acatruietttt:al ROGO allocaataow,;availible tit eachmstimea of the aaatanicarfmated caanatnty and the � tnattal tattanal t of:affortLible tr'stci otiaal ROGO ;all•ac atttatna rnAkio cotnnatywidc alaatll IV u ftalltawc _ ..... �at.ttter cad lllwar ellltis�lu salts � Suba"a ittNCaa; ase,; q"at 4, °casp. ➢sa� wl.;a 'tl (n, adl,q ,m§.'is1 1 atj laal kr,..t ml' 2 >7unI 1 3 02r t .�u 1 a 2024; � t 11 11 '0 w jtdh l Ott laa 13 ass J01 l (P�ta l.ia 1.. t�cdsa } l 0.... , a,... to ltea'ari alt�ate lt+ �ll��a��'aaltFaz l�naailra �iraa� � � I Vcry Laaat LoN%a aaatl Mctltaata 3 m � ....... _.. i�tlatateira�atadc s5 0 ltafludcs otn rxiyum iv fbai dig fhit ev ai)d No Nm!nc Kc CL I Current demand for Market Rate allocations: The table below shows the ROGO allocations awarded for market-rate units for the previous five (5) to 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 U)I 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. a� Packet Pg. 1992 ROGO Allocations Q2 Y27 Q3 Y27 Q4 Y27 Ql Y28 Q2 Y28 Lower Keys Available for Allocation 14 14 15 14 14 06 Total Applications Pending 13 21 20 14 22 0. U Applications Approved for ROGO 13 21* 16 14 14 Applications remain in in ueue 0 0 4 0 8 MMMMMM Big Pine Key/No Name Key c Available for Allocation 2 2 2 2 2 0 Total Applications Pending 28 27 26 25 27 Applications Approved for ROGO 2 2 2 2 2 ApXlications remainin in ueue 26 25 24 23 25 Upper Keys Available for Allocation 15 15 16 15 15 CD Total Applications Pending 21 19 18 21 15 Applications Approved for ROGO 15 15 14* 15 10* 0 E Applications remaining in queue 6 4 4 6 5 4, 0 *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 W per ROGO year. c� At the February 19, 2020, meeting, staff presented some information for the BOCC's discussion on the A potential shifting of market rate allocations to the affordable housing pool included —below are a few a excerpts from the presentation: E Legal Liability Considerations N Inverse Condemnation � • o significant:liability threat: • Standards Whetherthe regulatory action (a)interferes with investment-backed expectations and (b has a substantial economic impact on owner * Affordable housing allocation provides an economically viable use of property i Bert Farris Act * Potential liability(less potential liability if possible to qualify for a market rate allocations c Standard. "WWhena specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property; the property owner of that real property is entitled to relief, wv 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, eJ "Inordinately burdened"does not include temporary impacts; regulatory restriction or limitation rust be permanent cv * if a pool of some market rate allocations remains„ and owner can still'qu.alif for one of the L allocations instead of being forced to take an affordable allocation„ it woulcf be more difficultfor the owner to argue the requisite "inordinate burden, even if they must wait(longer * Potential liability would be diftrence between(a.)fair market value with market rate allocation and i (b)fair market value with affordable allocation Packet Pg. 1993 Table of ROGO allocations awarded for market-rate units for the previous 10 years: MR Market No Homestead Homestead %with a ROGO Year Allocations PC code of 0 PC code of I Improvement Value Total Assessed Exemption Exe ption Homestead 06 Awarded (vacant) ISingle Family) (Bldg.) Value (based PC=1) (basemd PC=I) Exemption (based PC=1¢ CL 18 July 2009-July 2010 123 45 77 $ 25,304,892.00 $ 46,867,742.00 47 30 38.96% 0) ----------------------------- ------------------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- July 2010-July y 2011 49 59 $ 19,501,861.00 $ 37,498,206.00 35 24 ------------------------------------------- 19 40.68%2o July 201 I-July 2012 85 36 48 $ 14;724,702.00 $ 26,662,989.00 31 17 35421% 0 21 ] July 2012-July 2013 108 48 54 $ 17,927,571.00 $ 34,541,959.00 32 22 40.74% 0 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 $ 21,47 $ 41,887,510.00 38 31 44.93% .......... 27,753,225.00 $ 49,096,469.00 66 July 2015-July 2018 122 96 i 31.25% 274 25 30 0) 275 July 2016-July 2017 122 54 67 $ 20,576,031.00 $ 38,937,650.00 47 20 2985% 26 July 2017-July 2018 126 93 33 8184 808.00 $ 26,248,097.00 29 4 12.12% E CD 27 July 2018-July 2019 123 119 2 $ 438,747.00 $ 19,330,492.00 2 0 0_001 521 565 $ 178,129,954.00 $ 354, 5, B. 205 7— 0 E 51 15 00 360 51% 63.72% F 36-28% 4— 47% 0 Note IT properlies rave a different PC Code(Mixed use E mutti-tam fly etc) 0) 47% of awarded Market Rate allocations identified as Vacant by the Property Appraiser's Office. 51 IN, 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. E 0) Homestead Homestead M101AR PC CZ No Homestead Kimlested Exemption Est % ith Estimated It, Total Exemption Est Exemption Homestsad Total Est Taxable urpillraied ROGO Year cations PC cod— is Exerelpflen,E. T b Mullage RaW Property Tax 0 D(VaCant, V.I.. TaxablaValue (base axa le V'I"after Exemption value Awarded Family! Taxable Value Exemption PC_jd Exemption of (based PC=l) Collected before _11 $50,000 18 Ju1v2009-Jaly2011) 123 45 77 $46,867,742 00 $28607,582 78 $18,260,159 22 30 $16,760,159 22 3896% $45367,742 00 55397 $251,32368 19 July2010-Ju1y2011 109 49 59 $37,498206 00 $22244,698 47 $15,253507 53 24 $14,053,507 53 40684/ $36298,206 00 62468 $226,74763 ......................................——--------------------- 20 July 2011 July 2012 85 36 48 $26,662989 D0 $17219,847 06 $9,443,141 94 17 $8,593,141 94 3542% $25812,989 00 63632 $164,25321 0 ...............................................................................................................................-1-1-1-1-1-1-1-1-1-......................................................................-11,11,111,111,111,11'll""I'll""II........................................................................................................... 21 July 2012 July 2013 100 48 54 $34,541,95900 $20,459,309.04 $14,072,64996 22 $12,972,649M 40.74% $33,441,959.00 63924 $213,774.36 U_ 22 July 2013 July 2014 88 26 60 $33,444,044 00 $18,394224 20 $15,049,819 80 27 $13699,819 80 4500% $32,094,044 00 6,3109 $202,54230 0 23 July 2014-July 2015 97 26 69 $41,887,510 00 $23068,483 77 $18,819,026 23 31 $17,269,026 23 4493% $40,337,510 00 6,0741 $245,01407 24 July 2015�July 2016 122 25 96 $49,096,469 00 $33753822 44 $15,342646 56 30 $13842,846 56 31 25% $47,596,469 00 5,6985 $271,22848 2 25 July 2016 July 2017 122 54 67 $38,937,65000 $27,314,470.90 $11,623,17910 20 $10,623,1179.10 29.85% $37,937,650.00 53555 $203,175.08 26 July 2017 July 2018 126 93 33 $26,248,097 00 $23,066509 48 $3,181,587 52 4 $2,981,587 52 1212% $26,048,097 00 5,3329 $138,911 90 C44 27 July 2018 July 2019 123 119 2 $19,330,49200 $19,330,492.00 $0.00 0 $0.00 0J)0% $19,330,492.00 54329 $105,020.63 CD C44 1403 521 j 565 1$354,516,158.001$233,469,440.14 $1121,1045,717.86 $1110,796,717.88 $21",265,168-00 $2,021,99137 LO ere an ."us, --bis"lue"I'lltnrid! I U) Estimate of Property Tax Collected: $3,578.75 per Market Rate unit using estimated taxable value (bldg. & land) E Packet Pg. 1994 2019 2018 �4 ---------------------------------------- Market Improvement Value $1113,984 $185,842 Example AFH unit: Market Misc Value $0 $0 Market Land Value $6,357 $6,244 Upper Keys: built in 2017, Just Market Value $190,341 --$192oss 1,200sf, 99-year deed restriction, Total Assessed Value $190,341 $192,086 06 School Exempt Value $o $0 CL moderate income School Taxable Value $190,341 $192,086 .............. Ad Valorem'fiie's..................... $1,5 Example AFH unit: Market Improvement 2019 2018 16- tent Value $218,379 0 1-1-1-1-1-1-1-1-11,---I �9---------- 4-- Market Misc V21L19 $0 cu Lower Keys: built in 2018, 0 Market Land Value $118,252 $ 1,300sf, 99-year deed restriction, Just Market Value $336,631 $2,034 Total Assessed Value $336,631 $2,034 Ch moderate income 0) School Exempt Value ($25,000) ($2,034) School Taxable Value $311,631 $0 Le Ad Valorem Taxes $2,738.20 ) n/a Estimated Property Tax Collected=—$3,578.75 per Market Rate unit using estimated taxable value(bldg.&land)-see previous slide E 2019 2018 Market Improvement Value $235,704 $235,704 > Market Misc Value $0 $0 0 Example MR unit: E Market Land Value $179,895 $123,086 4- Just Market Value $415,599 $358,790 0 Middle Keys: built in 2016, ......................... ........................ $415,599 School Exempt Value ($25,000) $0 E CBS, 1,400sf, dry lot School Taxable Value $390,599 $358,790 - Ad Valorem Taxes Ji3,-052.36 i3-- 3,197.26 0 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 a E position to make a decision and wanted a staff to develop a menu of options). 0 Ch Staff has developed the following menu of options for the BOCC's consideration: T 1. Take No action on shifting market rate allocations to the affordable housing pool and 0 continue processing the amendment to accept the 300 workforce housing units. I • Assuming the 300 workforce housing unit amendments are adopted and effective 0 based on the tentative processing schedule, by July 2021, the County should have 300 workforce (affordable) housing units, may have some remaining affordable allocations (from the currentq3j and 314 market rate allocations (20 for Big Pine Key and 294 for the Upper& Lower Keys). NI • County may request affordable housing allocations from the municipalities through an interlocal agreement between the sending local government and the County. LO There is no guarantee of the municipalities agreeing to transfer affordable allocations. U) NOTE, the development of the draft amendments for the 300 Workforce Housing units is being processed separately from this agenda item. Example only: E Packet Pg. 1995 Annual Allocation U ROGO Year Workforce Initiative C1 Market Rate Affordable Housing Housing 06 CL July 13,2013—July 12,2014 126 71 July 13,2014—July 12,2015 126 71 July 13,2015—July 12,2016 126 0 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) , July 13,2021—July 12,2022 64 Cs 63 affordable ROGO July 13,2022—July 12,2023 64 allocations available July 13,2023—July 12,2024 62 314 300** ,, 0 July 13,2024—July 12,2025 62 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 Z unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative (Workforce Initiative).!, E These allocations rectuire: _ ® rental occupancy for those individuals or families who derive at least 70% of their income as members of!, r- 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. y CJ CJ 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 U-� accept the 300 workforce housing units: < o ByJuly 2021, the County may have some remaining affordable allocations (from the 0 current j�3j and 314 market rate allocations (20 for Big Pare Key and 294 for the Upper& Lower 1 }e ). o County may request affordable housing allocations from the municipalities through y� n int rl c l reement between the sending local government and the County. There is no guaranteef the municipalities agreeing to transfer affordable LO allocations. i 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. Packet Pg. 1996 Example A with 50 allocations shifted: is Annual Allocation ROGO Year 06 CL Market Rate Affordable Housing July 13,2013-July 12,2014 126 71 July 13,2014-July 12,2015 126 71 '20 0 July 13,2015-July 12,2016 126 � July 13,2016-July 12,2017 126 c 0 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 44, 54 Shift 50 market rate July 13,2022-July 12,2023 44, 54 allocations to the Affordable E July 13,2023-July 12,2024 5 2 264 Housing Pool? 0 E July 13,2024-July 12,2025 52 LL50 allocations July 13,2025-July 12,2026 52 � N TOTAL -1-? ! 1,210i * 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. - E Number of Dwelling Units .2 Subarea ROGO Year: July 13, 2020-July 12, 2021 Upaer Ke s 31 Lower Keys 29 64 A Big Pine and No Name Ke s 4 - U 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 U" e( Upper Keys - 26 -34 25 c Lower Keys 24 23 Big Pine and No Name Keys 4 4 Total market rate .64- 54 4m 52 54+54+52+ 52+52=264 yl Affordable Dwelling Units c14 CD Very Low, Low, and Median +50 allocations in the lower N Incomes - 41Q income groups?Likely to beLO Moderate Incomes 350* built as multifamily. *Includes one annually or Big Pine Key and No Name Key U) o Assuming amendmentsare 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 rate allocations (20 for Frig Pine Key and 244 for the Upper& Lower KeT ). Packet Pg. 1997 o County may request affordable housing allocations from the municipalities through _ n int rl c l reem nt between the sending local government and the County. There is n uar nt f the municipalities agreeing t transferaffordable 06 allocations. CL U Example B with 50% allocations (157) shifted: 0 Annual Allocation M ROGO Year c 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 Cs 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 E July 13,2020-July 12,2021 64 allocations available July 13,2021-July 12,2022 32 0 Shift 50lo market rate v, July 13,2022-July 12,2023 32 allocations to the Affordable July 13,2023-July 12,2024 31 157 Housing Pool? July 13,2024-July 12,2025 31 +157 allocations July 13,2025-July 12,2026 31 TOTAL -1 1,103 i * 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. A CJ Number of Dwelling Units Subarea ROGO Year: July 13, 2020-July 12, 2021 i Upper Keys 31 s u_ Lower Kevs 29 64 0 Big Pine and No Name Keys 4 ROGO Years: ROGO Years: + 2i 2e 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 N Upper Keys v4 14 44 1 Lower Keys 14 2 13 Big Pine and No Name Keys 4 4 32+32+31+ Total market rate 44- 32 42i 31 31+31=157 �I A,fordable Dwelling Units Very Low, Low, and Median + 157 allocations in the lower income groups?Likely Incomes �444 517 Moderate Incomes 350* to be built as multifamily. *Includes one annnally or Big Pine Key and No Name Key Packet Pg. 1998 o Assuming amendmentsare adopted and effective by early 2021, by ,.Iuly 2021, the County ty hould hare. 7 affordable housing allocationsd may have some remaining affordable allocations (frog the current j�3j and 157 market rats 06 allocations (20 for Big Bins Key and 137 for the Upper& Lower Keys). O County may request affordable housing allocationsfrom the municipalities nisi liti through an int rl c l regiment between the sending local government and the County. There i car t f the municipalities nisi liti agreeing t transfer affordable cu 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 4- Workforce in Monroe County and are gainfully employed supplying goods and/or services to c 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 as well as include N 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 N Housing y 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 0 to the New Owner- i July 13,2016—July 12,2017 126 Occupied July 13,2017—July 12,2018 126 Workforce < Affordable Housing 0 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 J 54 10** 63 affordable ROGO N July 13,2022 July 12,2023 54 10** allocations available LO July 13,2023—July 12,2024 J 52 264 10** July 13,2024—July 12,2025 J 52 10** U) July 13,2025—July 12,2026 52 10** < TOTAL 4,21� ) 1,210 sa** 710* Packet Pg. 1999 *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-occux)ied individuals or families who are gainfully employed supplying ®®cis and/or ser€,ices to Monroe Countv residents or visitors and who derive at least 70% of their income as members of the Workforce in'•, 06 CL Monroe Countv and who meet the affordable housing income categories of the Monroe Countv Code. These U U allocations are limited to units located on a Tier III lggadly platted dot and reguire a restrictive covenant restricting 2 the unit to owner-occupied individuals or families. Proof of Homestead Exemption, issued by the Monroe County'• � Property Ap raiser's office, must be sul2L)Iied to the Planning Department within one (1) year of the issuance of � Certificate of Occupancy for the drivelling unit. 0 - c 0 Number of Dwelling Units Subarea ROGO Year: Julv 13, 2020-Julv 12, 2021 Upper Keys 31 Lower Kevs 29 64 Big Pine and No Name Keys 4 ROGO Years: ROGO Years: - July 13, 2023- July 12, 2024 c July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 4- July 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 c Upper Keys - 26 -34 25 _ Lower Keys 24 23 Big Pine and No Name Keys 4 4 � 54+54+52+ Total market rate -64- 54 42` 52 52+52=264 Affordable Dwelling Units Very Low, Low, and Median 360* Incomes +50 allocations in moderate E Moderate Incomes 350* category?Likely moderate income needed to address costs of land 50** (legally platted lot-individual sites y for units). *Includes one annually for Big Pine Key and No Name Key "Limited to to owner-oecapied individuals or faz,cidies ae4ao ecreeciazfaddy employed sagLdyin goods andlor services to Monroe Countv residents or visitors and who derive at least 72%of their ineome U as members of the Workforee in Monroe Countr and u,ho meet the affordable housing ineoarme 0 eatggories of the Monroe Countv Code. I o Assuming amendmentsare adopted and effective by early 2021, byJuly 2021, the County should have. new owner-occupied workforce ff rd l housing allocations and may have someremaining ff rd le allocations (from the current ) and 264 market mate allocations (20 for Frig Pine Key and 244 for the Upper & NI Lower d y ). O County may request affordable housing ll c ti n from the municipalities liti through n int rl c l regime�t between the sending local government and the County. LO There is n uarant f themunicipalities liti agreeing t transferaffordable allocations. I Packet Pg. 2000 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 both options 2 and 3 above]. Direct staff to start the � 06 process and prepare draft amendments to shift ### market rate allocations to the (general) CL 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 0 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 c ROGO Year Owne - Market Rate Workforce Affordable Affordable Housing E osing July 13,2013—July 12,2014 126 71 0 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 Workforce July 13,2017—July 12,2018 126 568 total AFH Affordable Housing (total available immediately) C July 13,2018—July 12,2019 126 Pool? c (n July 13,2019—July 12,2020 126 63 affordable ROGO July 13,2020—July 12,2021 64 n/a allocations available y July 13,2021—July 12,2022 44 10** Shift 50 market rate July 13,2022—July 12,2023 44 10** allocations to the 0 Affordable Housing July 13,2023—July 12,2024 42 214 10** Pool? u_ July 13,2024—July 12,2025 42 10** July 13,2025—July 12,2026 42 10** E50 allocations :l W TOTAL 47240 1,160 50** 760* � *Includes two annual affordable ROGO allocations for the Big Pine Key/No Name Key subarea)through the Incidental y Take Permit(ITP)ending in 2023. **Limited to owner-occupied individuals or families who are gainfully employed supplying goods and/or services to'�, CD Monroe Countv residents or visitors and who derive at least 70% of their income as members of the Workforce in LO 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 Iggadty platted dot and require a restrictive covenant restricting''; the unit to owner-occupied individuals or families. Proof of Homestead Exemption, issued by the Monroe Countv'! Property Ap raiser's office, must be sul2jp ied to the Planning Department within one (1) year of the issuance of D Certificate of Occupancy for the drivelling unit. et U Packet Pg. 2001 Number of Dwelling Units _ Subarea ROGO Year: July 13, 2020-July 12, 2021 Upper Keys 31 Lower Kevs 29 64 CL — a. Big Pine and No Name Keys 4 ROGO Years: ROGO Years: O J ' ., - July 13, 2023- July 12, 2024 July 13, 2021- July 12, 2022 July 13, 2024- July 12, 2025 0 Jul 13, 2022- July 12, 2023 July 13, 2025- July 12, 2026 cu Upper Keys 4 21 -i�-i 22 c 0 Lower Keys =i�) 19 - 1 Big Pine and No Name Keys 4 4 � 44+44+42+ Total market rate -64- 44 421 42 42+42=214 A ordable Dwellin Units +50 allocations in the lower income Cs Very Low, Low, and Median � � � 4- 41Q groups. Likely to be built as Incomes multifamily. e Moderate Incomes 350* E 50** +50 allocations in moderate 0 category?Likely moderate income E needed to address costs of land (legally platted lot-individual sites for units). o *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 r� income as members of the Workforce in Monroe Countv and who meet the affordable housinc E income categories of the Monroe Countv Code. o Assuming amendmentsare adopted and effective by early 2021, byJuly 2021, the .2 Ch County should have. affordable housing allocations and may have some � remaining affordable allocations (from the current 3 and 50 new vn = eaid y workforce ff rd l housing allocations and 214 market gate allocations (20 for Big ca Fine Key and 194 for the Upper& Lower Key ). O County may request affordable housing allocations from the municipalities through n int rl c l reem nt between the sending local government and the County. There is n uar nt f the municipalities agreeing t transferaffordable allocations. I 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 LO 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 I 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. Packet Pg. 2002 Annual Allocation ROGO Year U Market Rate Workforce Market Rate Affordable Housing July 13,2013—July 12,2014 126 71 06 CL July 13,2014—July 12,2015 126 71 m July 13,2015—July 12,2016 126 Shift 50 allocations July 13,2016—July 12,2017 126 to the ®rkfvree 0 Market Rate July 13,2017—July 12,2018 126 Housing Pool? c 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 f4 54 10** 63 affordable ROGO July 13,2022—July 12,2023 54 10** allocations available July 13,2023—July 12,2024 52 264 10** 0 July 13,2024—July 12,2025 52 10** , July 13,2025—July 12,2026 52 10** E 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-occupied individuals or families who are gainfully employed supplying goods and/or services to '�, n Monroe Countv residents or visitors and who derive at least 70%of their income as members of the Workforce in G Monroe Countv with NO INCOME CAP. E - •, cu o Assuming amendmentsare adopted and effective by early 2021, byJuly 2021, theN County ty hould 50 workforce market rate housing allocations, may have some remaining affordable allocations (from the current 3j, and 264 market rate � allocations (20 for Big Bins Key and 244 for the Upper& Lower Key ). O 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 i car t f the municipalities nisi liti agreeing t transfer affordable ll c tr n . 0 I N N LO r I Packet Pg. 2003 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 are gainfully employed supplying goods CL 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 0 ROGO Year Market Rate Affordable Housing July 13,2013 July 12,2014 126 71 F July 13,2014 July 12,2015 126 71 July 13,2015 July 12,2016 126 CD July 13,2016 July 12,2017 126 0 July 13,2017 July 12,2018 126 July 13,2018 July 12,2019 126 c E July 13,2019 July 12,2020 126 568 total AFH W July 13,2020 July 12,2021 64 (total available immediately) o 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 July 13,2024-July 12,2025 62** 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. U ** 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 dvith � NO INCOME CAP. 0 o Assuming amendmentsare adopted and effective by early 2021, by ,luly 2021, the County ty may have some remaining affordable allocations (from the current j�3j and y� 314 market rate allocations (20 for Big Bins Key and 294 for the Upper & Lower Keys) 1 __yZgu/ __limit__t ca__ t __tha-t--eri-v __ t__least__ /_m f_tl- rr__r�t r rt __as r ember forth Workforce in Monroe C� cat LO o County ty may request affordable housing ll c tion from the municipalities nisi liti through an int rl c l agreement between the sending local government and the County. ty. � There i car t f the municipalities nisi liti agreeing t transfer affordable allocations. Packet Pg. 2004 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: 06 o Owner-occupied individuals or families who derive at least 70% of their income as CL 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. Exarninl 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 0 cumulatively. For all applications entering the Residential Permit Allocation system after July , 13, 2016, the following point sand criteria shall apply: ... 0 (#) orkforce �rket Rate housing. The Following points shall be assigned to allocation 0 applications for wo7-once market rate housing- units limited to owner-occupied individuals or families who areainfully employed supplying roods and/or services to Monroe County residents or visitors and who derive at least 70% of their income as members of the Work once in Monroe CoanL Point Assignment: Criteria: Proposes a workforce market rate housing, earning-at least 70% of their income as members oFthe Workforce in Monroe County .. y These points only yL)ply to units located on a Tier III, legally platted lot and not within a velocity (D zone or within a CBRS unit. i Any unit developed with a workforce market rate allocation shall require a restrictive covenant restricting the unit to owner-occupied individuals 0 or Families who are gainfully emplovedsupplving roods and/or services +6 to Monroe County residents or visitors and who derive at least 70% of their income as members of the Workforce in Monroe County. The y ROGO allocation applicant shall occupv the dwelling- unit For at least nine (9) months of each year. Occupancy by children or other immediate N family members or dependents of the ROGO allocation applicant shall LO be considered occupancv bv Applicant. Proof of Homestead Exemption, issued by the Monroe County Property Appraiser's office, must be supplied to the Planning- Department within one (I e ofthe issuance ofC�ertificate ooFOccupancyfor the dwelling-,, unit. E Packet Pg. 2005 PREVIOUS RELEVANT BOCC ACTION: On June 13, 2018, at the State Cabinet meeting, the Florida Administration Commission approved the 06 Workforce Housing Initiative. Florida Keys' local governments that choose to participate in the 0. 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. 0 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 0 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 c regarding the Keys Workforce Housing Initiative for the September 19, 2018, regular BOCC meeting. , E 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 o 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. E On January 30, 2019, the BOCC considered options to accept the 300 units. Staff drafted three (3) °' options for consideration by the BOCC: r_ 1. Do not accept the 300 early evacuation affordable ROGOs and extend ROGO allocations through 2026; y 2. Accept the 300 early evacuation affordable ROGOs and extend ROGO allocations until 2026; =� and t� 3. Accept the 300 early evacuation affordable ROGOs and do not extend ROGO beyond 2023. i 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 ni Evacuation model. LO N 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 On 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 0) allocation pool and/or Q 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 �t Packet Pg. 2006 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. 06 CONTRACT/AGREEMENT CHANGES: CL N/A STAFF RECOMMENDATION: Staff seeks direction on the seven (7) options provided. 0 0 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 c Marathon example BPAS_Market Rate Owner-occupied Allocation Pool - F.S. 196.015 Permanent Residency by the property appraiser_homestead exemption E F.S. 222.17 Manifesting and Evidencing Domicile in Florida clerk of the court FINANCIAL IMPACT: Effective Date: Expiration Date: E Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: i Estimated Ongoing Costs Not Included in above dollar amounts: 0 Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A LO cv Additional Details: i REVIEWED BY: Emily Schemper Completed 06/24/2020 11:36 AM Peter Morris Completed 06/29/2020 11:00 AM Packet Pg. 2007 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 CL Maria Slavik Completed 06/29/2020 4:11 PM Kathy Peters Completed 06/29/2020 4:21 PM B Board of County Commissioners Completed 07/15/2020 9:00 AM 0 0 c 4, 0 c� CO c� c i 0 i cv CD cv LO i U Packet Pg. 2008 J.9.c J �� BOARD OF COUNTY COMMISSIONERS County of Monroe r�l Mayor Heather Carruthers,District 3 Mayor Pro Tem Michelle Coldiron,District 2 CL yV11The Florida Keys _� � l €d� Craig Cates,District I \J` V, 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. 2009 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 -------------------- Julv 13.201 a,JuIv 12,201 126 July 13.2016-July 12,2017 1-76 E ............................................................................. - ....-------- -------- CD July 135 201 -July I hily 13,2018-JuINy 12,201 IIIN 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 tl 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%,. , (a),'w°umbe a aa�T j� aflnuaj Oo'seedential ROG()dillocarawLS, TIc arum xr Ofin'SA-01 ralc I rcsidcntiaa1 ROGOallocatious avililabIC ill cmj,a mi1xvica Orthc klill"ItcolImlated ccnwtyaUld thr tatal nulubcrof iifforklabic I-Cmdoutial 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 3L CO —-11 '1. ................ 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) Inconics MMICs Ate]XISCO'llici 50, ----------------- I tic ludes one mialall for TINg Pinej�ey aud No Name&cv ............................................... E Packet Pg. 2010 J.9.c 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 r rrrr n : 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. 2011 J.9.c 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'. = ........ ......... THATIN + -HOUR, T`I' . �i MEANS IODTHERE'�1S HOW ® PERIOD 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. 2012 J.9.c 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. 2013 J.9.c 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. 2014 J.9.c 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. 2015