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Item K05 �s K.5 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 `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 February 17, 2021 Agenda Item Number: K.5 Agenda Item Summary #7709 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 N/A AGENDA ITEM WORDING: Permission to Advertise an Ordinance Amending Monroe County Code Chapter 2 "Administration", Article VIII 'Boards, Committees, Commissions and Authorities", Division 5 "Affordable Housing Advisory Committee" to Be Consistent with Changes in the Florida Statutes. ITEM BACKGROUND: Monroe County has existing regulations as it relates to the membership of the Affordable Housing Advisory Committee (AHAC) and required reporting deadlines. There have been statutory changes to Florida Statute § 420.9076 as it relates to affordable housing incentive strategies and committees. As such, we are required to adopt amendments to the Code of Ordinances to ensure we are consistent with the operative Florida Statutes. This is a request to advertise a proposed amendment to address the required following changes: • Reduce the number of committee members from 14 to no less than 8 but not more than 11; • The committee must include one locally elected official who completes two trainings through the Catalyst Program through Florida Housing Coalition; • One representative from at least six of the categories below: (1) One citizen who is actively engaged in the residential homebuilding industry in connection with affordable housing. (2) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (5) One citizen who is actively engaged as a for-profit provider of affordable housing. (6) One citizen who is actively engaged as a not-for-profit provider of affordable housing. (7) One citizen who is actively engaged as a real estate professional in connection Packet Pg. 2005 K.5 with affordable housing. (8) One citizen who actively serves on the local planning agency pursuant to F.S. § 163.3174. (9) One citizen who resides within the jurisdiction of the local governing body making the appointments. (10) One citizen who represents employers within the jurisdiction. (11) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The following categories were ren-iio e : (12) One citizen who is recommended by the school board and works for the school board. (13) One citizen who is recommended by the lodging industry and is impacted by workforce housing policies. (14) One citizen who has no financial interest in the development of affordable housing. • Change from a triennially report to annual report for affordable housing that includes recommendations and incentive strategies due to the BOCC by December 31. If the County does not receive the minimum allocation under SHIP, then no report is required. Currently, the term of all of the members previously appointed to the AHAC have expired and all members have an inactive status (see table below). WHO NAME BOARD/COMMITTEE APPT, EXPIRES STATUS DATE APPT ROOT,TIM AFFORDABLE HOUSING 5/15/13 DISTRICT 1 { { (, 0Inactimve ADVISORY COMMITTEE LEWIN, KURT AFFORDABLE HOUSING 01/20/16 DISTRICT 1 { { C, Ci ____________________Inttw timvmm ADVISORY COMMITTEE CAMERON,JAMES AFFORDABLE HOUSING 03/21/12 DISTRICT 2 { { (ica Inactive ADVISORY COMMITTEE WALL, RANDY AFFORDABLE HOUSING 03/21/12 DISTRICT 2 { { Cica ____________________Inttw Inactive ADVISORY COMMITTEE LEAMARD, WARREN r ORDABLE HOUSING 11/20/12 DISTRICT 3 II' 1 {20'2'i Inttw tiv�ISORY COMMITTEE NAYLOR, KEN AFFORDABLE HOUSING 12/12/12 DISTRICT 3 { { C, Ci ____________________Inttw Inactive ADVISORY COMMITTEE ESKRA, HANA AFFORDABLE HOUSING 10/17/14 DISTRICT 4 { { (ica ____________________Inttw Inactive ADVISORY COMMITTEE SWIFT, ED AFFORDABLE HOUSING 03/21/12 DISTRICT 4 1111120 8 Inactive__ ADVISORY COMMITTEE �SAUNDERS,JIM AFFORDABLE HOUSING 10/17/14 DISTRICT 5R { { Ci ? __________________Inactive__, Packet Pg. 2006 NAME BOARD/COMMITTEE APPT, EXPIRES STATUS DATE APPT —1...................... --------------------------------F------------------------------------- ADVISORY COMMITTEE ........................................... F_ F CUDERI, STEPHX4ii1AFFORDABLE' '...... "....HOUSING 10/17/14 DISTRICT 5 { { (i c------------------------I-n-a-ct-i-ve ADVISORY COMMITTEE ...................i........... -------------- IATT,WILLIAM AFFORDABLE HOUSING �MAYORAL- 1111120 8 ------------------ ac Intive---- ADVISORY COMMITTEE 14 1 IW'6'N'..H...0...F...E.`R'....................-AFFORDABLE HOUSING 10/15 BOCC .........../.1.....0./2.....0............. 1 n a ct i v JOANNA ADVISORY COMMITTEE e -------------- --------------------- ---------- ADVISORY DAVIDSON, ED AFFORDABLE FF 0 R D A B L E HOUSING InactiveISORY COMMITTEE I ........................................ .................. ...... ............................... . ..... ........... ...... ..... HUNTER, BILL AFFORDABLE HOUSING 1 0/15 BOCC /10/2019 --------------------I-n--a--c--t--'i-v---e- - ADVISORY COMMITTEE ­ Therefore, each Commissioner will need to consider appointments for the AHAC that fulfill at least six (6) of the categories listed above. Additionally, the BOCC will need to specify the length of the term a committee member serves [Ref. Fla. Stat. § 420.9076]. As noted above, the AHAC must include one (1) locally elected official who completes two (2) trainings through the Catalyst Program through Florida Housing Coalition. The Florida Housing Coalition has online trainings available through April of this year as listed below: February 18 - 2:00 pm - 3:30 pm Comprehensive Overview of SAIL March 3 —2:00 pm First regional workshop for Elected Officials March 22 - 2:00 pm - 3:30 pm Changes to the SHIP Annual Report April 13 - 2:00 pm - 3:30 pm Using Surplus Lands for Affordable Housing April 20 - 2:00 pm - 3:30 pm SHIP Rental Assistance After the State of Emergency At this time, no additional trainings or dates are indicated after April 20, 2021 on the Florida Housing Coalition Website. Staff will work with the Commission to prepare appointments of AHAC members for approval at the March 17, 2021 BOCC Meeting. Packet Pg. 2007 K.5 PREVIOUS RELEVANT BOCC ACTION: On May 21, 2008, the Board of County Commissioners adopted Ordinance 014-2008, which created Sections 2-700 through 2-703 of the Monroe County Code to establish the Affordable Housing Advisory Committee, including its membership requirements and assigned duties. At a regular meeting held on August 20, 2014, the BOCC discussed a possible need to reconvene the Monroe County Affordable Housing Advisory Committee, and also approved an agreement with the FCRC Consensus Center, FSU, for professional services on an Affordable Workforce Housing Stakeholder Assessment. At the May 20, 2015 BOCC meeting, the BOCC adopted Resolution 139-2015 establishing the duties of the Affordable Housing Advisory Committee. At a regular meeting held on June 10, 2015, the BOCC adopted Ordinance 014-2015 amending Section 2-700 of the Monroe County Code to establish the 14 members of the affordable housing advisory committee and directed staff to amend Resolution 139-2015 to add one additional duty to the committee to evaluate and propose additional mechanisms to qualify and monitor the occupants of deed restricted affordable housing. At the June 10, 2015 BOCC meeting, three additional members were appointed to the committee. At the July 15, 2015 BOCC meeting, the BOCC adopted Resolution 189-2015 adding one additional duty to the committee to evaluate and propose additional mechanisms to qualify and monitor the occupants of deed restricted affordable housing. At the October 21, 2015 BOCC meeting, the BOCC accepted AHAC Resolution 01-2015 providing recommendations to the BOCC on the first three tasks assigned to the committee. At the December 9, 2015 BOCC meeting, the BOCC adopted Resolution 403-2015 amending the Local Housing Assistance Plan (LHAP) as required by State Housing Initiatives Partnership (SHIP) Program Act, as reviewed and recommended by the AHAC. At the December 9, 2015 BOCC meeting, the BOCC adopted Resolution 404-2015 approving an inventory of county-owned real property which may be appropriate for affordable housing, as reviewed and recommended by the AHAC. At the February 10, 2016 BOCC meeting, the BOCC was presented with AHAC resolution to support the funding and completion of a workforce housing study to support the development of inclusionary housing requirements for the hospitality and commercial sector. At the August 17, 2016 BOCC meeting, the BOCC approved 2 contracts to conduct surveys and analyze data to establish an inclusionary requirement for nonresidential development. At the August 17, 2016 BOCC meeting, staff presented the AHAC recommendations to the BOCC. The BOCC requested a special meeting to discuss the item. Packet Pg. 2008 K.5 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval to advertise the draft ordinance. DOCUMENTATION: Draft Ordinance FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: REVIEWED BY: Emily Schemper Completed 01/28/2021 5:10 PM Peter Morris Completed 02/02/2021 12:21 PM Assistant County Administrator Christine Hurley Completed 02/02/2021 12:25 PM Purchasing Completed 02/02/2021 12:39 PM Budget and Finance Completed 02/02/2021 1:39 PM Maria Slavik Completed 02/02/2021 1:41 PM Liz Yongue Completed 02/02/2021 2:05 PM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 2009 K 5.a �1 r 18 \ MONROE COUNTY,FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. -2021 LO AN ORDINANCE BY THE MONROE COUNTY,,(U,BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENT(S) , "��IE MONROE COUNTY CODE OF ORDINANCES TO AMEND SECTIOJ�1,j11, 14,,1 '00, ESTABLISHMENT OF AFFORDABLE HOUSING ADVISORY C TO BE CONSISTENT WITH FLORIDA STATUTE(S) CHAP �I��,'''s420 ' j IT RELATES TO ci AFFORDABLE HOUSING INCENTI TEGI VIDING FOR SEVERABILITY; PROVIDING F } REPEAL �F �� CONFLICTING U PROVISIONS; PROVIDING FOR IN"��������� JSION IN THE M �`"( 4 OE COUNTY S AND CODE;PROVOIDING OR AN EFFECTIVE �} �,'E HE VIDING FOR NSM 3 DEPARTME �„�,OF STATE; i,E)ill s ,yis, J1u=, WHEREAS Division 5 Article V oft e County Code of Ordinances provides for an Affordable Housing Advisory Come toll Ij `r sistent ��` 4erequirements of Florida Statute R'UI isl�s s i`s+r � 420.9076; and stti cif, N rj4�iA\y» C�,M�,1)k t�z WHEREAS, ame � `'the t���ill ens ��� o�i�e d e ( cy between the Code and Florida �� p�°f f�k{ 4521 1}j�l}i +� fd 111(�,i�k2s,r.. Statutes Chapter 420 a sp 2,elates to � , dable hou � g� centive At' gees; �.�, 5 '�`�. 4, t, NOW,THEREFORE,BE ' ��,ORI, k ;�� BY TH �' ARD OF COUNTY COMMISSIONERS OF 0 s, F„� � ,�; , t isti�,tk1, ����t,l��t MONROF '14 tsi i�st SSjt 's S}s11��t1L0 �tst151 P,Sis�sU s �G li�l��i`1s�1 � �ls sS}l��}s,�k���"� "s�S�r� }ii �{t11 �� 1i`1ty � Seen 1.The forego�i ��{ citals�� ��(rue and cot and are hereby incorporated as if fully � set forth he Section Monroe Cour£' , ode o inances is hereby amended as follows: Proposed Amend &,(deletion, stfi ke t -,,,,g ; additions are shown in underlined). DIVISION 5. - AFFORI `� ' �' HOUSING ADVISORY COMMITTEE Sec. 2-700. - Establishment of affordable housing advisory committee. E (a) The affordable housing advisory committee shall be established and operational by June 30, 2008. It shall comply with all requirements in F.S. § 420.9076 (2007) or as subsequently amended. (b) The committee shall consist of 4-4 no less than 8 bUt flOt n-iore than 11 members who shall be appointed by the BOCC by resolution. Packet Pg. 2010 K 5.a (c) The committee must include otie locally elected official aril uric represetitati-ve froii-i at least six oftlie gat Lwrl s below: (1) One citizen who is actively engaged in the residential homebuilding industry in connection with affordable housing. (2) One citizen who is actively engaged in the banking or mortgage banking industry in _ connection with affordable housing. e( (3) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. LO (4) One citizen who is actively engaged as an � ate for low-income persons in connection with affordable housing. 1l�ti 's' (5) One citizen who is actively engaged as a't+ rofi rovider of affordable housing. v (6) One citizen who is actively enga `# �{gas a not-fdfit provider of affordable `�' w,,ci housing. s141r>>Jl (7) One citizen who is actively engag t areal estate profess, # in connection with affordable housing. �,��('(�`gg�`1 �'�j�+� �1t4+2 �)it�t���r, \xz�, NO", 1 it�`�i E (8) One citizen who acti I ,;+serves on th""140 arming agency uant to F.S. § 163.3174. '+4t�hy�t���lt ��'`''y�', t (9) One citizen who resides vv� imp '" (�isdictio&,§, ie local governing body making the appointments _' , ,11 AVlit 1 htl ��3�� h) {U I�il , ik+, , t (10) One cif+� �t� lj resents 'Ito �`+ 1�� e u-f� diction. � it`k�s��''1'11� � ,';t`�� �,'t, � (11) One cis ��n who r esents es ' � 1 servicesrsonnel as defined in the local housing ass a ce pla 1,611��` �') 0 .1 tRR�Vti+a ,X trl�jt�{?t5 ,`tl +,��j, V� 4s, 3 , Ali } + ,V E F�ta+t��i�} �!lJtr +h t T � �' M�, 1 <U '- u�fl e i � 1 {?+ ,� e-del (d) All meetings"" �he advis« ��committee are public meetings, and all committee records are public records. {�1`� (e) Staff, administrative +' , ,�� acility support to the advisory committee shall be provided by the BOCC. The adviso ittee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. E (Ord. No. 014-2008, § 1; Ord. No. 014-2015 , § 1) Sec. 2-701. - Duties of the affordable housing advisory committee. (a) The affordable housing advisory committee shall review established policies and procedures, ordinances, land development regulations, and the adopted local government comprehensive Packet Pg. 2011 K 5.a plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existitig policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local _ government comprehensive plan and corresponding regulations, ordinances and other e( policies. (b) By December 31, 2008, the affordable housing advisory committee is required to submit its LO incentive recommendations report to the BOCC. After tha 'J"' l submission,the reports are required to be submitted i � atit �aiiy on Det ber ',St;z{1� iN ;()C arici to the etitity pr .idir�€ � r �ttrr�Lf�`C� � � r k r.. s( ( . ic. (� �rry, ri (cirisss( r fc ,„ e i �s�r ( iys( cy. Not i(iis(ariciim-, the for ,2oitH,, n art atifl ai re-view is riot r C Uir d if`l�iotiroe 'O��rO r cei�.es the 1€irlill—ILM€ aiioc a(iOtl UtIder the State HOLIsiflU lrii(ia(i-.c s flartnersiii p =.rare . S � � r If"are ar � a1 re i s a rc,�i a �� t a mmimI yl� e adv committee; 1 submit a report \>yet to the local governing body��si) hat includes � � ��mgtendations on, a `r evaluates the implementation of, affordable� 4' �� incentives i following areas: (1) The processing of apprd ` s c �, � lopmen ' rs or permits as defined in F.S. § - + - A- i �` � rafforc1 ° housing projects is expedited to a grea� ,� ��) than oth'q S roj ects � f T� �(e � , it S} Ql� tilt � I�,.#3} (2) The m "tcationi pact fee � ents t� sj� ding reduction or waiver of fees and at t �`ii tive metl,`', `ids of fee pent for affordable housing; i 1rIN i (3) The allowaFi��'� f in dens�; s for affordable housing { �f� t f �1 P 1��iSt i �ls } ��yFdSllti `{Stis��r O atioi�t� }��nfrastrtl 'caty for housing for very low income low v, ���\1 � � tis ASS t1i y. tl )i S i ��� income` � �� ode ��,�ncome pe � s, E � 1§li,he allowance fford�b� ,, ccessor residential units in residential zoningdistricts; a. �IVwh �h,,y (6) reduction o t�° I III a�t,setback requirements for affordable housing; NIQi��l (7) Thd,,a,," ance o s;i+ Xi le lot configurations, including zero-lot-line configurations {h�u s; ki5�`jt�` for af� ble h �Ong (8) The m '"of street requirements for affordable housing; 110 (9) The establisiment of a process by which a local government considers, before adoptions, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; (10) The preparation of a printed inventory of locally owned public lands suitable for affordable housing; (11)The support of development near transportation hubs and major employment centers and mixed-use developments; (12) Other affordable housing incentives as recommended. Packet Pg. 2012 K 5.a (c) The advisory committee may perform additional responsibilities related to affordable housing at the request of the BOCC, including creating best management practices for the development of affordable housing in the community. (Ord. No. 014-2008, § 1) e( Sec. 2-702. - Public hearing. LO The approval of the advisory committee of its local housing i,,"'` ;`rhve strategies recommendations and its review of local government implq�} station of previously recommended strategies must be made by affirmative v r' p � aj on of the members of the advisory committee taken at a public hearing. Notice , e i and place of public hearing of the committee to adopt final local housing ince � strategies mendations must be published in a newspaper of general paid circu r `'��`, must contain a'''' 4 t summary of the t� ' ' d must state the incentives strategies recommendations to be c 'jdered by the committy� 11}�43a� public place where a copy of the tentative recom dations c be ob �� �by interested � ����� persons. ��,�� �,�,;. NM Ord. No. 014-2008 § 1 .ss� �� Sec. 2-703. - Commission action requiret� ��'`'���� �� 's, Oa Within 90 da �,' �� {�� ;� ate of ei � „ t �1s� al housin incentive strategies yr,t�� ����i, p,�,,�� �` t g g recommendationx��, Qom the a � ory come 4\gut no 1'a ' Shan March 31 2009 the BOCC shall adopt an ame Rent to i v'bcal housii ,{ ssistance plan (LHAP)to incorporate the local �t 1 0. , 9p;j 0 housing incentive strati? yes ipj I' �lemen �� hm its jurisdiction. The BOCC must consider s t� �1,1, rl,�k Fjl! ��tC 1 tts all o fn� ,��r ' ttes spe' 11s 1n sup ,��Jon4 (( 1(b) as recommended by the committee. o ''}(�y i��the am ent inimuni tiSk2,1�� Hq,, ( ° h�r a � �` ", �include: v=9 �1��; }Was ) Assurance ths, ermia "affordable housing are expedited to a greater degree than u ects '��s ermit"9'1 defined by statute to include development orders, ' ing permit, g per mY�t subdivision approval, rezoning, certification, special }, ' exc� } n varianc ", f any other official action of local government having the effect t, of per `4 g the c� ,J lopment of land); { ? (2) An ongoii� � yr for review of local policies, ordinances, regulations, and plan provisions the t9 rease the cost of housing prior to their adoption; and (3) A schedule for implementing the incentive strategies. (b) By May 2, 2009, the BOCC shall notify the Florida Housing Finance Corporation by certified mail of its adoption of the amended LHAP and include a copy of the approved amended plan. �t (Ord. No. 014-2008, § 1) Packet Pg. 2013 K 5.a I Secs. 2-7042-720. - Reserved. 2 Secs. 2-7042-720. - Reserved. 3 Section 3. Construction and Interpretation.This Ordinance and its interpretation shall be liberally 4 construed and enforced in favor of Monroe County to effectuate its public purpose(s) and 5 policy(ies) of the County. The construction and interpretation of this Ordinance and all 6 Monroe County Comprehensive Plan provision(s),Florida Building Code,Florida Statutes, 7 and Monroe County Code(s)provision(s) whose interpretation arises out of, relates to, or s 8 is interpreted in connection with this Ordinance shall be liberally construed and enforced e( 9 in favor of Monroe County to effectuate its public purpose(s),objective(s), and policy(ies) ,n 10 of the County, and shall be deferred in favor of the Board of County Commissioners of 11 Monroe County,Florida, and such construction and interpretation shall be entitled to great 12 weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal. 13 14 Section 4. Inconsistency,Partial Invalidity,Severability, and Survival of Provisions. If any 15 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable `i 16 in or by any administrative hearing officer or court of competent jurisdiction the invalidity U 17 or unenforce ability of such provision,or any portion thereof, shall neither limit nor impair C 18 the operation, enforceability, or validity of any other provision of this Ordinance, or any 19 remaining portion(s) thereof. All other provisions of this Ordinance, and remaining 20 portion(s)thereof, shall continue unimpaired in full force and effect. 21 22 Section 5. Repeal of Inconsistent Provisions.All ordinances or parts of ordinance(s)in conflict with 23 this Ordinance are hereby repealed to the extent of such conflict.The repeal of an ordinance =S 24 herein shall not repeal the repealing clause of such ordinance or revive any ordinance which 25 has been repealed thereby. 26 27 Section 6. Inclusion in the Code of Ordinances. The provisions of this Ordinance shall be included 28 and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 29 amendment thereto, and shall be appropriately renumbered to conform to the uniform 30 numbering system of the Code. 31 32 Section 7. Transmittal and Effective Date. This Ordinance shall be filed with the Department of State and shall be effective as provided in Section 125.66(2)(b), Florida Statutes. 35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2021. 38 Mayor Michelle Coldiron 39 Mayor Pro Tern David Rice 40 Commissioner Craig Cates 41 Commissioner Eddie Martinez 42 Commissioner Mike Forster 43 44 BOARD OF COUNTY COMMISSIONERS 45 OF MONROE COUNTY, FLORIDA 46 47 BY: 48 Mayor Michelle Coldiron 49 (SEAL) 50 ATTEST: KEVIN MADOK, CLERK 51 MONROE COUNTY ATTORNEY 52 Ordinance No. -2021 Page 5 of 6 Packet Pg. 2014 K.5.a 1 By 2 As Deputy Clerk U LO cv U m w c� 0 N An E Ordinance No. -2021 Page 6 of 6 Packet Pg. 2015