Item R2 �s R.2
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� 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
March 17, 2021
Agenda Item Number: R.2
Agenda Item Summary #7916
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
1:30 Public Hearing
AGENDA ITEM WORDING: Adoption of an Ordinance Amending Monroe County Code
Chapter 2. Administration, Article VIIL Boards, Committees, Commissions and Authorities,
Division 5. Affordable Housing Advisory Committee to be consistent with changes in the Florida
Statutes including: decreasing membership from 14 members to 8-11 members; including an elected
official on the committee; requiring one representative from at least six of the currently listed
member categories; removing the following three member categories that had been added by the
BOCC in 2015: school board employee, lodging industry representative, and citizen with no
financial interest; and updating the reporting period from triennial to annual. At a minimum, the
AHAC meets once annually to make recommendations on local housing incentive strategies to be
included in the County's Local Housing Assistance Plan; except in years where Monroe County
receives only the minimum allocation under the SHIP Program, which exempts the annual reporting
requirement.
ITEM BACKGROUND:
Monroe County has existing regulations as it relates to the membership of the Monroe County
Affordable Housing Advisory Committee ("AHAC") and required reporting deadlines. There have
been statutory changes to Florida Statute Section 420.9076 as it relates to affordable housing
incentive strategies and committees. As such, Monroe County is required to correspondingly adopt
amendments to the Monroe County Code of Ordinances to ensure that the County's regulations are
consistent with the operative Florida Statutes.
The proposed amendment addresses 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 via the Florida Housing Coalition;
• One representative from at least six of the categories below (these categories are already
included in the Monroe County Code):
(1) One citizen who is actively engaged in the residential homebuilding industry in
connection with affordable housing.
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R.2
(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
with affordable housing.
(8) One citizen who actively serves on the local planning agency pursuant to Florida
Statute Section 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 added to the Monroe County Code by the BOCC in 2015,
but are not included in Florida Statute, and are proposed to be reii-ic e :
(12), (tie c°itiz ri w lice is r c c ii-iii c tided by the scliool board arid works for the scliool
board,
(I))Otte c°itizeti wlio is r ccii-iii c.tidecl by the Iodgitig itidU trY arid is ii€pacted by
workforce 110LIS419 policies,
(14,Otie c°itizeti wlio iias rice f`iriaricial ititerest iri the de-velopii tit cif` affordable
• Change from a triennial report to an annual report for affordable housing that includes
recommendations on local housing incentive strategies, due to the BOCC by December
31st for inclusion in the County's Local Housing Assistance Plan (LHAP). If the County
only receives the minimum allocation under SHIP, then no annual report is required for
that year.
The proposed amendment is included as an Exhibit to this agenda item and shows all additional and
deleted text.
At a minimum, the AHAC meets once annually to make recommendations on local housing
incentive strategies to be included in the County's LHAP; except in years where Monroe County
receives only the minimum allocation under the SHIP Program, which exempts the annual reporting
requirement, and therefore eliminates the requirement that the AHAC meet unless assigned
additional duties by the BOCC.
Additionally, the Monroe County professional staff is requesting the BOCC to prepare appointments
of AHAC members for approval at the regular meeting of the BOCC scheduled for April 21st, 2021.
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Monroe County Resolution No. 062-2009 outlines which BOCC member appoints which category.
Currently, the term length of membership to the AHAC shall coincide with the term of the
appointing commissioner. The members of the AHAC serve at the pleasure of the board.
Exce t from Resolution No. 062-2009 below:
Section 1. Each commissioner shafl appoint two mcrnbcrswAfio rnay or may not live in the respective
districts and who shall Ise approved by the Board ofCo a °Co t i too "as,follow
i
i
District
1. One citizen who is actively engaged in the re idetttial homebuilding,industm in connection
%with affordable housing.
I One citizen who is actively engaged in the b—mA-ing or mortgage banking Ind w r in
connection with affordabic housing,
i
' District
i
..t 1rc wiG Lerr �kh'v i a ruptcWtuative of wv&N of Ialka actiwcly clipged in II&PI10c
building in connection with affordable h u in ,...
.Once- citizen who is actively engaged as to advocate for low-income perso.cus in conn tx n
with affordable housing,
i
' District
i
. One citizen who i. actively engaged as a for-profit provider of affordable housing.
i 6. One citizen who Is tively engaged as a not-for profit provider of aftordable housing,
i
District
.. One citizen who is actively engaged ai a real estate professional in connection with
aflordable housing,
One citizen who resides within the jurisdiction of the local governing making the
i appointments.
i
i
District
9.One citizen who represents employers within the jnri;wdictiort.,
10 One citizen who repr°ewerrts ci ntial %crvicrs personneL as defined in the local housing
assistance plan,
Currently, the term of all of the members previously appointed to the AHAC have expired and all
members have an inactive status. Therefore, each BOCC Commissioner will need to consider
appointments for the AHAC that fulfill at least six (6) of the categories listed above. The table below
indicates the previous appointments, the category fulfilled, and which Commissioner is responsible
for appointment.
NAME(Previous NAME CATEGORY FOR CITIZEN Current District Who
Appointment) (new Appointing Appoints
appointment) Commissioner
for Category *Reference
Resolution 062-
2009
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N/A Commissioner Elected Official BOCC BOCC
Craig Cates
Previous ex-officio
members/liaisons to
BOCC:
Heather Carruthers
Sylvia Murphy
Tim Root, Mingo Co. Citizen who is actively Commissioner District 1
Construction engaged in the homebuilding Craig Cates
industry in connection with
affordable housing
Heather Roberts,VP Citizen who is actively Commissioner District 1
Iberiabank engaged in the banking or Craig Cates
mortgage banking industry in
connection with affordable
housing
Randy Wall, Blue Fin Citizen who is a Mayor Michelle District 2
Inc. representative of those areas Coldiron
of labor actively engaged in
home building in connection
with affordable housing
Jim Cameron Citizen who is actively Mayor Michelle District 2
engaged as an advocate for Coldiron
low-income persons in
connection with affordable
housing
Ken Naylor,Atlantic Citizen who is actively Commissioner District 3
Pacific Communities engaged as a for-profit Eddie Martinez
provider of affordable housing
Warren Leamard, Citizen who is actively Commissioner District 3
Owner,Chef, engaged as a not-for-profit Eddie Martinez
Destination Catering& provider of affordable housing
Events
Hana Eskra, Florida Citizen who is actively Mayor Pro Tern District 4
Market President, engaged as a real estate David Rice
Gorman &Co. Inc. professional in connection
with affordable housing
William Wiatt,Sunset Citizen who is actively serves Mayor Michelle Mayor
Villas on the local planning agency Coldiron
Ed Swift III, President, Citizen who is resides within Mayor Pro Tern District 4
Historic Tours of the iurisdiction of the local David Rice
America governing body making the
appointments
Jim Saunders, Bayview Citizen who represents Commissioner District 5
Land Development& employers within the Mike Forster
Permitting jurisdiction
Stephanie Scuderi, Citizen who represents Commissioner District 5
Senior VP,Centennial essential services personnel, Mike Forster
Bank. as defined in the local housing
assistance plan
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R.2
Bill Hunter N/A Category added in 2015;to be N/A N/A
removed:
One citizen who has no
financial interest in the
development of affordable
housing
Ed Davidson N/A Category added in 2015;to be N/A N/A
removed:
citizen who is recommended
by the school board and
works for the school board
Joanna Weinhofer N/A Category added in 2015;to be N/A N/A
removed:
citizen who is recommended
by the lodging industry and is
impacted by workforce
housing policies
PREVIOUS RELEVANT BOCC ACTION:
On May 21", 2008, the Monroe County Board of County Commissioners adopted Ordinance No.
014-2008, which created Sections 2-700 through 2-703 of the Monroe County Code of Ordinances,
to establish the Monroe County Affordable Housing Advisory Committee, including its membership
requirements and assigned duties.
At a regular public meeting of the BOCC meeting held on August 20th, 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 20th, 2015, regular public meeting of the BOCC, the BOCC adopted Resolution No. 139-
2015, establishing the duties of the Affordable Housing Advisory Committee.
At a regular meeting held on June loth, 2015, the BOCC adopted Ordinance No. 014-2015,
amending Section 2-700 of the Monroe County Code of Ordinances, to establish the 14 members of
the Monroe County Affordable Housing Advisory Committee, and directed staff to amend
Resolution No. 139-2015 to add one additional duty to the AHAC to evaluate and propose additional
mechanisms to qualify and monitor the occupants of deed restricted affordable housing.
At the June loth, 2015, regular meeting of the BOCC, three additional members were appointed to
the AHAC.
At the July 15th, 2015, regular meeting of the BOCC meeting, the BOCC adopted Resolution No.
189-2015, adding one additional duty to the AHAC (to evaluate and propose additional mechanisms
to qualify and monitor the occupants of deed restricted affordable housing).
Packet Pg. 2992
R.2
At the October 21st, 2015, regular meeting of the BOCC, the BOCC accepted AHAC Resolution No.
01-2015 (providing recommendations to the BOCC on the first three tasks assigned to the AHAC).
At the December 9th, 2015, regular meeting of the BOCC, the BOCC adopted Resolution No. 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 9th, 2015, regular meeting of the BOCC, the BOCC adopted Resolution No. 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 loth, 2016, regular meeting of the BOCC, the BOCC was presented with
resolution(s) approved by the AHAC, to support the funding and completion of a workforce housing
study to support the development of inclusionary housing requirements for the hospitality and
commercial sectors.
At the August 17th, 2016, regular meeting of the BOCC, the BOCC approved two (2) contracts to
conduct surveys and analyze data to establish an inclusionary requirement for nonresidential (non-
residential) development in the unincorporated county.
At the August 17th, 2016, regular meeting of the BOCC, the Monroe County professional staff
presented the AHAC's recommendations to the BOCC. The BOCC requested a special meeting to
discuss this singular agenda item.
At the February 17th, 2021, regular meeting of the BOCC, the BOCC granted permission to advertise
a proposed amendment to address the required statutory changes as outlined above.
At the February 17th, 2021, regular meeting of the BOCC, the BOCC appointed Commissioner Craig
Cates to serve as the elected official on the AHAC.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of the Ordinance.
DOCUMENTATION:
Final Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Packet Pg. 2993
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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 02/26/2021 3:37 PM
Peter Morris Completed 03/01/2021 1:26 PM
Assistant County Administrator Christine Hurley Completed
03/02/2021 12:32 PM
Purchasing Completed 03/02/2021 12:33 PM
Budget and Finance Completed 03/02/2021 2:54 PM
Maria Slavik Completed 03/02/2021 3:56 PM
Liz Yongue Completed 03/02/2021 4:32 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 ORDINANCE NO. -2021 CD
CD
11 cv
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 2
13 COUNTY COMMISSIONERS ("MONROE COUNTY, iz
14 FLORIDA". "MONROE COUNTY", OR THE "COUNTY")
15 AMENDING CHAPTER 2 ("ADMINISTRATION
16 ARTICLE VHI ("BOARDS, COMMITTEES,
17 COMMISSIONS AND AUTHORITIES"), DIVISION 5
18 ("AFFORDABLE HOUSING ADVISORY COMMITTEE"),
19 OF THE MONROE COUNTY CODE OF ORDINANCES, TO
20 AMEND AND REVISE MONROE COUNTY'S
21 REGULATIONS FOR A LOCAL AFFORDABLE HOUSING
22 ADVISORY COMMITTEE, AS REQUIRED BY FLORIDA
23 STATUTE SECTION 420.9076, AS IT RELATES TO
24 AFFORDABLE HOUSING INCENTIVE STRATEGIES AND
25 COMMITTEES; PROVIDING FOR SEVERABILITY;
26 PROVIDING FOR REPEAL OF ALL ORDINANCES
27 INCONSISTENT HEREWITH; PROVIDING FOR AN
28 EFFECTIVE DATE; PROVIDING FOR INCORPORATION
29 INTO THE MONROE COUNTY CODE OF ORDINANCES;
30 AND PROVIDING FOR AN EFFECTIVE DATE. 0
31
32 WHEREAS, the Florida Legislature and Monroe County, as an Area of Critical State
33 Concern, has/have adopted Principles for Guiding Development,i which includes: "[m]aking
34 available adequate affordable housing for all sectors of the population of the Florida Keys.";2 and
35
36 WHEREAS, Monroe County has high land values, limited land availability due to its
37 linear geography and environmental features, controlled growth (e.g., the Monroe County Rate of
38 Growth Ordinance, etc.), and a heavily tourist economy with a prevalence of lower-paying E
39 employment by the local service sector; and
40
41 WHEREAS, the Florida Legislature has found that affordable housing is most effectively
42 provided by combining public and private resources, and has expressed legislative intent to
43 support local governments' achievement of this combination of public and private resources by
'See Fla. Stat. § 380.0552(7).
2 See Fla. Stat. § 380.0552(7)(1).
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I encouraging active partnerships between government, lenders, builders, and developers, real
2 estate professionals, advocates for low-income persons, and community groups, to produce
3 affordable housing; and
4
5 WHEREAS, the Florida Legislature has expressed its legislative intent that the above-
6 referenced partnership concept be extended among Florida counties' and municipalities' local
7 governments; and
8
9 WHEREAS, the Florida Legislature legislatively expressed its intent that local
10 governments achieve this combination of resources through the establishment of an Affordable
11 Housing Advisory Committee ("AHAC") to recommend monetary and non-monetary incentives
12 for affordable housing, as provided in Florida Statute Section 420.9076; and
i�
13
14 WHEREAS, Monroe County participates in the State Housing Initiatives Partnership
15 Program ("SHIP" or "SHIP program"), and is a recipient of federal and/or state funding for its est
16 affordable housing programs and activities; and LO
17
18 WHEREAS, Monroe County, as a participant in the SHIP program, has developed and
19 implements a local housing assistance plan ("LHAP"), created to increase the availability of
20 affordable housing to very low ("very-low income"), low ("low-income"), and moderate income
�t
21 ("moderate-income") persons, essential services personnel, and those with special needs. SHIP C
22 funds may be used for households up to 150% of the median income in areas of the state of
23 Florida which have been designated areas of critical concern ("ACSCs" or an "ACSC"); and
24
25 WHEREAS, effective February 2008, Florida Administrative Code rule changes
26 mandated that all SHIP program participants comply with Florida Statute Section 420.9076(2), E
27 which requires the establishment of a local affordable housing advisory committee; and
28
29 WHEREAS, Florida Statute Section 420.9076 requires that each county participating in
30 the SHIP program must have an LHAP that includes local housing incentive strategies as defined
31 in Florida Statute Section 420.9071(16); and
32
33 WHEREAS, the BOCC created and empaneled, in June 2005, a Monroe County
34 Workforce Housing Task Force ("Workforce Housing Task Force", "Workforce Housing
35 Taskforce", or"Monroe County Task Force"), to make recommendations to the BOCC to address
36 the Florida Keys' critical housing affordability issues; and ii
37
38 WHEREAS, as the above-referenced Monroe County Workforce Housing Task Force's E
39 composition and responsibilities redundantly paralleled those mandated for the above-referenced c,
40 statutorily required local affordable housing advisory committee, the BOCC accordingly
41 determined that it was duplicative and unnecessary to have two such local sub-committees; and
42
43 WHEREAS, Monroe County accordingly changed the Monroe County Workforce
44 Housing Task Force to the Monroe County Affordable Housing Advisory Committee ("AHAC"),
45 which then, and has since, been charged with the statutory roles and responsibilities outlined and
46 described in Florida Statute Section 420.9076; and
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1
2 WHEREAS, the Florida Legislature has recently decided to change/revise Florida Statute
3 Section 420.9076, which effectively amended the maximum number of AHAC members, the
4 composition of the AHAC committee's membership, and offering clarification of affordable
5 housing reporting requirements;
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
8 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
9
10 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
11 are hereby incorporated as if fully stated herein. C44
12 2
13 Section 2. The Monroe County Code of Ordinances is hereby amended as follows:
14
Proposed Amendment(deletions are additions are shown in Utiderlitie ).
LO
15
16 CHAPTER 2. —ADMINISTRATION _
17 *****
18 ARTICLE VIIL - BOARDS, COMMITTEES, COMMISSIONS AND AUTHORITIES
19 ***** ci
20 DIVISION 5. - AFFORDABLE HOUSING ADVISORY COMMITTEE
21
22 Sec. 2-700. - Establishment of ari aAffordable 1 1lousing a dvisory eCommittee.
23 (a) The affordable housing advisory committee shall be established and operational by June E
24 30, 2008. It shall comply with all requirements in 111ori a StatUte Sectigii 420.9076
25 (2007), or as subsequently amended.
26 (b) The affordable 110L[Sitig aci��i orb coiiiiiiittee shall consist of 4.4 rio less fliati 8 bUt riot i iore
27 tliaa i i members who shall be appointed by the BOCC by resolution. 0
28 (c) The affordable 110L[Sitig ad-vi orf committee must include uric locally elected official and
29 otie re x,esetitati-ve fraai at leapt six oftlie cateuories below:
30 (1) One citizen who is actively engaged in the residential home-building industry in
31 connection with affordable housing.
32 (2) One citizen who is actively engaged in the banking or mortgage banking industry 6
33 in connection with affordable housing. i_
34 (3) One citizen who is a representative of those areas of labor actively engaged in
35 11ori-ie- LliIditiu 4, in connection with affordable housing. E
36 (4) One citizen who is actively engaged as an advocate for low-income persons in
37 connection with affordable housing.
38 (5) One citizen who is actively engaged as a for-profit provider of affordable housing.
39 (6) One citizen who is actively engaged as a not-for-profit provider of affordable
40 housing.
41 (7) One citizen who is actively engaged as a real estate professional in connection with
42 affordable housing.
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1 (8) One citizen who actively serves on the local planning agency pursuant to l�`l od da
2 StatUte Sectioti — 163.3174.
3 (9) One citizen who resides within the jurisdiction of the local governing body making
4 the appointments.
5 (10) One citizen who represents employers within the jurisdiction.
6 (11) One citizen who represents essential services personnel, as defined in the local
7 housing assistance plan .
r,
9 d- tV
10
12
13
CJ
14 (d) All meetings of the affordable 110L[Sirtg advisory committee are public meetings, and all
15 affordable IIQL[Sitig ad.-isory committee records are public records.
16 (e) Ilroff ssioriai Sstaff, administrative, and facility support to the affordable I10rIsirtg advisory "'
17 committee shall be provided by the BOCC f` I, rrr C'. frrr I � rirrrIr�rr ��'
18 ourav"). The affordable 110LISirlg advisory committee shall be cooperatively staffed by the ®_
19 local government department or division having authority to administer local planning or >
20 housing programs to ensure an integrated approach to the work of the affordable 110L[Sirt
21 advisory committee. "'
22
23 Sec. 2-701. - Duties of the Affordable hHousing Advisory eCommittee.
24 (a) The affordable housing advisory committee shall review established policies and E
25 procedures, ordinances, land development regulations, and the adopted local government
26 comprehensive plan of the appointing local government and shall recommend specific
27 actions or initiatives to encourage or facilitate affordable housing while protecting the
28 ability of the property to appreciate in value. The recommendations may include the
0
29 modification or repeal of e*- 4 # �Lxistirru policies, procedures, ordinances, regulations, or
30 plan provisions; the creation of exceptions applicable to affordable housing or the adoption
31 of new policies, procedures, regulations, ordinances, or plan provisions, including
32 recommendations to amend the local government comprehensive plan and corresponding
33 regulations, ordinances and other policies. 01
34 (b) By December 31, 2008, the affordable housing advisory committee is required to submit its
35 incentive recommendations report to the BOCC. After this initial submission, the reports
36 are required to be submitted ie++s+i4Pr atalUally on December 3l of-+I+e- -eeediiit�A
37 f E s s f- i ri- a i -rs r i to the BQC'C arid to tii�, cr��i��.arc 'iditiLr �
38 statewide trairiitiu aficI to Imicai assistatice for the Affordable HOLIsitIl CataI st I1r0 r11rYI.
39 Not itfi taticfim, the forc,,oi re-view is w is ri)t rc C Uire d if`l/f otiroe C'0LMtV rc c ei-v es
40 the 1€irlill—ILM€ aiior;atiOfl UtIder the State HOLIsiflU Iriitiati-.c s flartnersliip !rg=.rar
41
42 If afi ariflUai rep.Q�c r—i-ed, a-At a minimum, the affordable 110LISitia advisory committee
43 shall submit a report to the local governing body that includes recommendations on, and
44 evaluates the implementation of, affordable housing incentives in the following areas:
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1 (1) The processing of approvals of development orders or permits as defined in
2 I:lor ds StatUtes ecti tis"— — 1 6 3.3 i 6 (i 5 and (16 , for affordable housing
3 projects is expedited to a greater degree than other projects, q
5 (2) The modification of impact fee requirements, including reduction or waiver of fees
6 and alternative methods of fee payment for affordable housing;
7 (3) The allowance of flexibility in densities for affordable housing;
8 (4) The reservation of infrastructure capacity for housing for very low income, low
9 income and moderate income persons;
10 (5) The allowance of affordable accessory residential units in residential zoning
11 districts; N
12 (6) The reduction of parking and setback requirements for affordable housing;
13 (7) The allowance of flexible lot configurations, including zero-lot-line configurations
14 for affordable housing; eft
15 (8) The modification of street requirements for affordable housing;
16 (9) The establishment of a process by which a local government considers, before LO
17 adoptions, policies, procedures, ordinances, regulations, or plan provisions that
18 increase the cost of housing;
19 (10) The preparation of a printed inventory of locally owned public lands suitable for
20 affordable housing;
�t
21 (11) The support of development near transportation hubs and major employment c
22 centers and mixed-use developments;
23 (12) Other affordable housing incentives as recommended.
24
25 (c) The affordable 110LISitia advisory committee may perform additional responsibilities related
26 to affordable housing at the request of the BOCC, including creating best management
27 practices for the development of affordable housing in the community.
28 .-
29 Sec. 2-702. - Public hearing. W
30 The approval of the affordable 110LISiflU advisory committee of its local housing incentive �
31 strategies recommendations and its review of local government implementation of previously
32 recommended strategies must be made by affirmative vote of a majority of the members of the
33 affordable 110LISitIg advisory committee taken at a public hearing. Notice of time, dates, and place 01
34 of public hearing of the affordable 110LISitla a isory committee to adopt final local housing �
35 incentive strategies recommendations must be published in a newspaper of general paid `_
36 circulation, must contain a short summary of the incentives strategies recommendations to be a
37 considered by the affordable 110LISitIg a -lisory committee, and must state the public place where �
38 a copy of the tentative recommendations can b; e obtained by interested persons.
39
40 Sec. 2-703. - Commission action required.
41 (a) Within 90 days after the date of receipt of the local housing incentive strategies
42 recommendations from the affordable 110L[sitw advisory committee, but no later than March
43 31, 2009, the BOCC shall adopt an amendment to its local housing assistance plan (LHAP)
44 to incorporate the local housing incentive strategies it will implement within its jurisdiction.
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I The BOCC must consider all of the strategies specified in subsection 2-701(b) as
2 recommended by the affordable 110Usiri 7 a _Jsc ry committee. However, the amendment at a
3 minimum, must include:
4 (1) Assurance that permits for affordable housing are expedited to a greater degree
5 than other projects. ("Permits" are defined by state statute to include development
6 orders, building permit(,s , zoning permit, subdivision approval, rezoning,
7 certification, special exception, variance, or any other official action of local
8 government having the effect of permitting the development of land);
9 (2) An ongoing process for review of local policies, ordinances, regulations, and plan
10 provisions that increase the cost of housing prior to their adoption; and
11 (3) A schedule for implementing the incentive strategies. a
12 (b) By May 2, 2009, the BOCC shall notify the Florida Housing Finance Corporation by
13 certified mail of its adoption of the amended LHAP and include a copy of the approved
14 amended plan.
15 ***** 'n
16
17 Section 3. Construction and Interpretation. This ordinance and its interpretation shall ®_
18 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) >
19 and policy(ies) of the County. The construction and interpretation of this ordinance and all
20 Monroe County Comprehensive Plan provision(s), Monroe County Code of Ordinances and N
21 Monroe County Land Development Code provisions ("Monroe County Code(s) provisions"),
22 Florida Building Code, Florida Statutes, and Monroe County Resolution provision(s) whose
23 interpretation arises out of, relates to, or is interpreted in connection with this ordinance shall be
24 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
25 and policy(ies) of the County, and shall be deferred in favor of the BOCC and such construction
26 and interpretation shall be entitled to great weight in adversarial administrative proceedings, at
27 trial, in bankruptcy, and on appeal
28
29 Section 4. No Liability. Monroe County expressly reserves and in no way shall be --
30 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
31 governmental, and any other similar defense, immunity, exemption, or protection against any
32 suit, cause-of-action, demand, or liability.
33
34 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof,
35 is held to be invalid or unenforceable by any administrative hearing officer or court of competent U-
36 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
37 shall neither limit nor impair the operation, enforceability, or validity of any other provision of E
38 this ordinance, or any remaining part(s) or portion(s) thereof. All other provisions of this
39 ordinance, and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and
40 effect.
41
42 Section 6. Conflicting Provisions. All ordinances in conflict with this ordinance are
43 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal
44 the repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
45
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I Section 7. Inclusion in the Monroe County Code of Ordinances. The provisions of
2 this ordinance shall be included and incorporated in the Code of Ordinances of the County of
3 Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to
4 conform to the uniform marking system of the Code.
5
6 Section 8. Transmittal and Effective Date. This ordinance shall be filed with the
7 Department of State and shall be effective as provided in Florida Statute Section 125.66(2)(b).
8
9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, N
10 Florida, at a duly noticed regular public Board meeting held on the 17th day of March, 2021. CD
11 N
12 2
13 Mayor Michelle Coldiron
14 Mayor Pro Tem David P. Rice
15 Commissioner Craig Cates
16 Commissioner Mike Forster ,n
17 Commissioner Eddie Martinez >_
18 _
19
20 BOARD OF COUNTY COMMISSIONERS
21 OF MONROE COUNTY, FLORIDA c
22
23 BY:
24 MAYOR MICHELLE COLDIRON
25
26 (SEAL) MONROECO ATTORNEY
27 ATTEST: KEVIN MADOK, CLERK APP TO FORM
28
29 By PETER I
30 AS DEPUTY CLERK ASSISTANT"COUNTY ATTORNEY W
Date: 3/2/21
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