Item O10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
** AM TIME APPROXIMATE REQUESTED **
Meeting Date: Wed.. January 19. 2005
Division: BOCC
Bulk Item: Yes
No XX
Department: Commissioner Rice. District 4
AGENDA ITEM WORDING: Discussion of workforce housing issues with possible direction to staff.
ITEM BACKGROUND: Although steps have take to promote new affordable housing supply through
regulatory changes, securing of fmancing, and commitments from DCA for additional affordable housing
allocations, less attention has been given to protecting our existing affordable housing stock. More specifically,
serious concerns have been raised about the loss of our rental housing for our workforce.
Market forces are rapidly forcing the conversion of rental units and smaller owner-occupied housing to higher-
end investor owned seasonal and transient housing. The serious implications of these market forces on our
permanent rental housing market and eventual ramifications for our tourist-based economy underscores the
importance of timely action to develop a comprehensive strategy and implementation techniques to protect our
current workforce housing.
Therefore, I would like for the Board to discuss this issue and, if appropriate, provide direction to staff to move
forward on both short and long-term actions needed to comprehensively address this significant issue in a
timely manner.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY:
County Arty _
OMB/Purchasing _ Risk Management_
V}" ~~?
f2i({,(b__~.,
(David P. Rice, Commissioner, District 4)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included XX
To Follow_
Not Required_
AGENDA ITEM # [)- { ()
DISPOSITION:
Revised 1103
ORDINANCE NO.
Profo~J ,
i)zrL . 8Jc (! In '6
-~
AN ORDINANCE AMENDING SECDON 9.5-4(A-5), (M-U) AND (M-I0), Section
9..5-122 (e) AND SECI'ION 9.5-266 (8), (b), (e), (d), (e), (I), (g), (h), (i), (j) and (k)
MONROE COUNTY CODE; PROVIDING FOR A REVISED DEFINITION OF
AFFORDABLE HOUSING; PROVIDING FOR AN ADJUSTABLE MAXIMUM
SALES PRICE FOR AFFORDABLE HOUSING; TO AMEND APPUCANT
EUGmWTY REQUIREMENTS; PROVIDING FOR UNKAGE OF
AFFORDABLE HOUSING PROJECfS; PROVIDING FOR AN AFFORDABLE
HOUSING TRUST FUND; PROVIDING FOR COMMUNITY HOUSING
DEVELOPMENT ORGANIZATIONS; PROVIDING FOR INTERLOCAL
AFFORDABLE HOUSING RATE OF GROWTH ALLOCATION AGREEMENTS;
PROVIDING FOR SEVERABWTY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES WHEN EFFECI'IVE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners finds that the need for
affordable and employee housing has become persistent and affects a large proportion of employees in
Monroe County, and
WHEREAS, the Monroe County Board of County Commissioners wish to aeate opportunities
for families to obtain affordable, clean and safe housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that there are appropriate
areas within Monroe County to locate affordable housing, which shall be addressed through the livable
CommuniKeys Planning process; and
WHEREAS, the Monroe County Board of County Commissioners finds that adjustments are
needed to distinguish income requirements among very low income, low income, median income, and
moderate income employee housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision of the
County's affordable housing regulations is necessary to address an imbalance in provisions for low
income affordable housing versus moderate income housing; and
WHEREAS, the Monroe County Board of County Commissioners finds that a revision of the
County's affordable housing regulations would promote the health, safety and welfare of the citizens of
Monroe County; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1. Section 9.5-4 (A-5) of Monroe County Code is amended to read as follows:
(A-5) Affordable housing refers to residential dwelling units that meet the following
requirements:
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 Monroe County; and
a) Generally. affordable MUS;", for a rental dwellin, unit ~ha1J mean a dwelline unit whose
monthly renL not incIudi"f utilities. does not exceed 30 percent of that amount which
re,presents either SO (verv low income) or 80 Oow inCOJDe) or 100 (median income) or 120
(moderate income) percent of the monthly median a4justed household income for Momoe
County.
b) Affordoble rental housing. verv low income ~haH be a rental dwelling unit whose monthly
renL not includine utilities. does not exceed 30 percent of the amount which represents 50
percent of the monthly median acljusted household income for Monroe County.
c) Affordoble renlJ;Jl housing. low income shall mean a dwellinf unit whose monthly rent. not
includinr utilities. does not exceed 30 percent of the amount which re,presents 80 percent
of the montblv median adjusted household income for Monroe County.
d) Affordable renlJ;Jl housin,. median income shall mean a dweUinr unit whose monthly rent.
not inclUdillf utilities. does not exceed 30 percent of the amount which represents 100
percent of the monthly adjusted median household income for Monroe County.
e) Affordable renlJ;Jl housing. moderate income shall mean a dwe11illf unit whose monthly
renL not includille utilities. does not exceed 30 percent of the amount which re,prescnts 120
percent of the monthly median adjusted household income for Momoe County.
f) Affordable housin,g owner occlIPied very low income shall mean a dwellinr unit occupied
only by a household whose total household income does not exceed 50 percent of the
median monthly household income for Momoe County.
g) Affordoble housinr owner OCCJ4Pied low income shaH mean a dwelline unit occuJ'ied only
by a household whose total household income does not exceed 80 percent of the median
monthlv household income for Monroe Countv.
h) Affordable housin., owner OCClIPied median income shaH mean a dwelling unit occupied
only by a household whose total household income does not exceed 100 percent of the
median monthly household income for Monroe County.
i) Affordable housing owner occupied moderate income shall mean a dwellinr unit occupied
only by a household whose total household income does not exceed 120 percent of the
median monthly household income for Monroe County.
j) Affordable housing trust fund shan mean a trust fund established and maintained by the
county for revenues from fees in lieu of constructinv affordable housinr and revenues
from other sources earmarked for the trust fund by state statute. land develQPIDent
replation. ordinAIK'.r. or donation. Funds collected for and de.posited in the trust fund shall
be used exclusivelv for the acquisition of land for affordable bousinv: prQjects. the
construction of affordable housinll and for'loans for down payment assistanCe for the
purcbase of affordable housine.
k) Month(v Median household income shall mean the median annual household income for
Momoe County divided by 12.
2
i. Affordable housin, Pl'Qjects ~hal1 be no peater than twenty (20) units unless ~ved by
resolution of the Monroe Coun~ plannin" ('.ommi~ion. The planninv Commi!Won's decision
may be ~ed to the Board of County Commi~ioners uti1izil'lf the procedures described in
Section 95-521. with the Board of County CommiASioners sel'Via, as the ~llate body for
the PUWOSC of thi~ section only.
J. Family size.When estah1i~hinl a rental and sales amount. the County shall assume family size
as indicated in the table below. This section ~han not be used to establish the mamnum
number of individuals who actually live in the unit. This table ~hall be used in coQjunction
with the eUpbility requirements created by Section 95 (A-5).
Size of Unit As$U11led Family Size MinUnum OcculHlncv
Efficiency (no separate 1 1
bedroom)
One bedroom 2 1
Two bedroom 3 2
Three bedroom 4 3
Four or more bedrooms 5 1 ner bedroom
k. The income of elipble households shan be determined by countin, only the first and hipest
paid 40 hours of employment per week of each unrelated adult. For a household containine
adults related by marria,Je or a domestic partnerstnp relJistered with the county. onlv the
hipest 60 hours of the combined eDtployment hours ~hSlll be counted. which ~hall be
considered to be 75% of the adiusted poss income. The income of ~pendents reprdless of
see shall not be counted in calcu1atini a household's income.
Section 6. Section 95-266 Monroe County Code, is amended by renumbering Section 95-266(b)
to Section 95-266 (t) and by the addition of new Sections 95-266(b), (c), (d), and (e) as follows:
Section 95-266(b) Affordllble housing requirement for residential prq,;ects cd three (3) or more
units and in-lieu fees. New residential projects of three (3) or more units CODtainil'l' 1Ila1'Ut rate
units or projects containin" both market rate residential units and rnmmr.rcial floor area ~han be
required to deve1oj) at least 30 percent (30%) of the residential UDits beVODd the first two (2) units
as affordable. Each of the affordable units ~hall be at least 400 square feet in floor cueL The
<level.r of the pl'Qject may contribute a fee in-lieu for all or some percenu,e of the JeClUired
affordable units. which if ~ved by the Monroe County Board of County Commiqioners. will
be de.posited in the affordable ~ trust fund. The in-lieu fee ~hall not be less thsm S50.000
per unit representin, construction cost. less land cost of the minimum size 400 SQJI81'e foot
affordable unit. The Plannin, Commission shall by resolution annually adjust the in-lieu fee
durine the first q.uarter of each calendar vear based Q1JOn the cost of construction of residential
units as cnntained in standard published construction cost indicators. a4justed for Monroe County.
This section does not ItP,Ply to the redevelopment of existinr units. This subsection does not apply
to employee housing which may be established by Section 95-266. Monroe County Code.
Section 9.5-266(c> LinIm,e of prq,;ects. Two or more developnent projects which are required to
provide affordable housine may be linked to alloW the affordable housin, requirement of one
develQplDent oroiect to be built at the site of another project. as lone as the affordable housine
req~irement of the latter develOJm1ent is fulfilled as well. The prQject containinr the affordable
units must be built either before or simultaneously with the project without or with fewer than. the
required affordable units. Sequencing of construction of the affordable component of linlrf',d
4
projects may be the subject of the plannin, Dqwtment or the plannin, Commiqion' s apJn'Oval of
a project. In addition. if a develQPer builds more than the req)lired number of affordable units at a
develOJ)IllCnt site. thi~ develOJ)lllent Pl'Qject m.y ~ link-cd with a subsequent develQpment project
to allow co~pliance with the subseq1lent developnent's affordable unit requirement. The lin~F
must be sup,plied by the develOj)Cr to the Planninr (".nmmil;.~ion at the time of the subsequent
develQpmentts conditional use ItPProval. Finally. alllinhr under thi~ subsection may occur
between sites within the county and in the cities of ~y West. Marathon and Islamorada. subject
to an interl~ apeement. where ~rQpriate: however. link-~F must occur within the same
FQlI'ctPhic plannin, area. i.e. lower. middle and u,pper keys. Alllinkaees must be apgroved via a
covenant mnni~e in favor of Monroe County. and if the linhV prQject lies within a city. also in
favor of that city. Said covenants ~han be placed Qpon two or more projects link-M. mlinr how the
requirements for affordable houldll( are met for each project. The covenant shall be approved by
the Monroe County Board of County Commissioners and. if ~licable. the participatin,
municipality.
Section 9.5-266lcij Affordable housing trust fund. The affordable housm, trust fund (referred to
as the "trust fund") is establi~hed. The trust fund shall be maintainr.d with funds eannarked for the
pwpose of promo"nr affordable houldll' in municipalities and llninCOQ)Orated areas of Monroe
County. Monies received by the trust fund ~hall not be comminped with Fneral ()!)Cratin, funds
of the county. The trust fund shall be used for the followinr.
a) Financial aid to developers as project erants for affordable housm, construction:
b) rmancial aid to homebuyers as mortpee assistance. inclusive of loans for down payment
ass~tance:
c) Financial incentive for the conversion of transient units to affordable residential units:
d) Direct investment in or levera,e to housin, affordability throup site acquisition. housing
development and hou!Ilill' conservation: or
e) Other affordable hou!Ilin, puQ)OSCS may be established by resolution of the Board of County
Commi!ll.sioners. which sball act as trustees for the fund. The Board of County
Commiuioners may enter into a.ereements with the Monroe County Housing Authority. a
qualified community housin, development organi7.ation created by the Board of County
Commissioners. or a municipality within Monroe County.
Section 9.5-266(e) Co"",",,"& housinr development or,anization. The Board of County
C.ommi!o;sioners may establish a noqprofit community housm, develOj)lDent 0I:Vni7.ation (CHDO).
pursuant to federal re~ations JOveminz such orpni7.atiODS. to serve as developer of affordable
housm, units on county-owned prQperty. includin, or located in the municipalities of the county.
u,pon interlocal aareemenl In such event. the county may delepte to the community housinj
develQpD1ent orpni7~tion all or partial administration of the affordable houldnr trust fund.
Section 7. Sec. 9.5-266(b) (1) Monroe County Code, as above renumbered to 9.5-266(f) (1) is
amended to read as follows;
(f)Administration and Compliance:
(1) Before any eertifieate ef eeeup8BeY buildini permit may be issued for any stJUcture, portion
or phase of a project to this section, restrictive covenants(s) shall be filed in the Official
Records of Monroe County to ensure compliance with the provisions of this section running
5
in favor of Monroe County and enforceable by the County and, if applicable, a participating
municipality. The covenants for any affordable housiq units partly or wholly financed by a
public entity ~hal1 be effective for a period of at least fifty (ftO) years. The covenants for any
affordable housine units relyin, wholly upon private non-public finAncinJ shall be effective
for at least thirtv (30) years. The covenants shall not commence running until a certificate of
occupancy has been issued by the building official for the dwelling unit or dwelling units to
which the covenant or covenants apply.
~on 8. Section 9.5-266 Monroe County Code, is amended by adding a new Section 9.5-266(h)
as follows:
~on 9.5-266(1U Interlocal afJordllble rate of ,rowth aUocation arreements. The Momoe
untv bd of County CommiSsioners may authorize interloca1 qreements between the County
~d the cities of Marathon. and Key West. and Islamorada. Villaee of IslAnds for the pwpose of
;b~rinf residential rate of erowth affordable housine allocations. The interloca1 aereements may
be ~d .n ;$J,ecmc prQject pro.,posal within one or more jurisdictions or may be for a specific
all~tion of ~tS on an annual ba.~ii from the County to a municipality or from a municipality to
~~unty. All docations made available to a jurisdiction must meet the ~licable affordable
b ~ ;Quirements of the receiviDll jurisdiction's land development re2Ulations and affordable
housiQ( ordinances.
Section 9. If any section, subsection, sentence, clause, item, change, or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 11. 1bis ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administrative Commission approving the ordinance.
Section 12. 1bis ordinance shall be transmitted by the Planning Department to the Department
of Community Affairs to determine the consistency of this ordinance with the Florida Statutes.
Section 13. The Director of Growth Management is hereby directed to forward a copy of this
ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code of
Ordinances once this ordinance is in effect.
( This is left intentionally blank )
6