Item J1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 12, 2012 - Division: Growth Mana ement
Bulk Item: Yes X No Department: Planning & Environmental Services
Staff Contact Person/Phone #:. Christine Hurley
AGENDA ITEM WORDING:
Approval of a Resolution adopting changes to the Local Housing Assistance Plan Incentive Strategies
required in order to receive State Housing Initiatives Partnership (SHIP) funds.
ITEM BACKGROUND:
On January 28, 2009, the Board of County Commissioners approved Resolution No,. 03 8-2009 that
incorporated updated Incentive Strategies into Monroe County's Local Housing Assistance Plan
(LHAP) in accordance with Section 420.9076, Florida Statues. This Section requires the Local LHAP
Incentive Strategies to be updated every three years in order for counties to continue to receive State
Housing Initiatives Partnership (SHIP) funds. The proposed updated LHAP Incentive Strategies
required by the statute were recommended for approval to the BOCC at a public hearing by the
Affordable Housing Advisory Committee on October 10, 2012.
PREVIOUS RELEVANT BOCC ACTION:
Resolution No. 038.2009, approved on January 28, 2009
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
RESOLUTION No. -20 12
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING AN AMENDMENT TO THE LOCAL HOUSING
ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM ACT,
SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND
RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
AUTHORIZING THE SUBMISSION OF THE AMENDED
LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA
HOUSING FINANCE CORPORATION
Whereas, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.90791, Florida
Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, required local
governments to develop a one to three-year local Housing Assistance Plan outlining how funds
will be used; and
Whereas, the Monroe County Housing Authority has prepared a three-year Local Housing
Assistance Plan which was approved by the Monroe County Board of County Commissioners;
and
Whereas, the Florida legislature finds that affordable housing is most effectively provided by
combining public and private resources, and the legislature intends that local governments achieve
this combination of resources by encouraging active partnerships between government, lenders,
builders and developers, real estate professionals, advocates for low-income persons and
community groups to produce affordable housing; and whereas the legislature intends that this
partnership concept be extended among counties and municipalities; and
Whereas, the Florida legislature intends that local governments achieve this combination of
resources through the establishment of an affordable housing advisory committee to recommend
monetary and non -monetary incentives for affordable housing (as provided in s.420.9076); and
Whereas, Monroe County participates in the State Housing Initiatives Partnership Program
(SHIP) and is a recipient of funding for its affordable housing programs and activities; and
Whereas, recent rule changes in FAC 67-37.010, effective February 2008, mandate that all SHIP
program participants comply with Florida Statute Section 420.9076(2) requiring the establishment
of an affordable housing advisory committee; and
Whereas, Rule 67-37.010 states that the Monroe County LHAP be amended to include "local
affordable housing incentive strategy recommendations" approved by the membership of the
Affordable Housing Advisory Committee; and
Whereas, the Affordable Housing Advisory Committee reviewed established policies and
procedures, ordinances, land development regulations, and the comprehensive plan for Monroe
County and recommended specific actions or initiatives to encourage or facilitate affordable
housing while protecting the ability of the property to appreciate in value. (FS 420.9076(4)); and
Whereas, the Affordable Housing Advisory Committee held a public hearing on October 10,
2012 and approved affordable housing incentives in the following areas:
I. The processing of approvals of development orders or permits as defined in s.
163.3164 for affordable housing projects is expedited to a greater degree than
other projects;
2. The modification of impact fee requirements, including reduction or waiver of
fees and alternative methods of fee payment for affordable housing;
3. The allowance of flexibility in densities for affordable housing;
4. The reservation of infrastructure capacity for housing for very low income, low
income and moderate income persons;
5. The allowance of affordable accessory residential units in residential zoning
districts;
6. The reduction of parking and setback requirements for affordable housing;
7. The allowance of flexible lot configurations, including zero -lot -line
configurations for affordable housing;
S. The modification of street requirements for affordable housing;
9. The establishment 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. Inclusionary Housing;
13. Affordable Housing Incentive Programs;
14. Employee Housing and Commercial Apartment Definition and Permitted Uses;
15. Purchase and Lease Back Program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Adoption of Incentive Strategies
The Incentive Strategies portion of the Local Housing Assistance Plan is amended as
shown on Exhibit A.
Section 2: official Notification to FHFC.
A copy of the amended LHAP shall be given to the Monroe County Housing Authority and
forwarded to the Florida Housing Finance Corporation.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 121h day of December, 2012.
Mayor
Mayor Pro Tem,
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: , CLERK
DEPUTY CLERK
Mayor
MON OUNTY ATTORNEY
A PROVED AS TO FORM
Date: — •
EXHBIT A
LHAP INCENTIVE STRATEGIES Section 420.9071(16), Florida Statues
A. Name of Strategy: Expedited Permitting
Established policy and procedures:
The Monroe County Comprehensive Plan and Land Development Regulations establish
procedures for expediting the development of affordable housing projects. The County is
allowed to issue 197 building permits annually and of these permits, the Count sets aside
71 permits for affordable housing. This includes the unused allotment of permits for
affordable housing set aside units to be rolled over and accumulated each year without
going through the ROGO (Rate of Growth Ordinance) process. Additionally, any
development order or development permit for affordable housing shall receive priority in
processing and review of applications and permits. (Section 9-2(b), Monroe County
Code)
Responsible Agency: Monroe County Growth Management Division
B. Name of Strategy: Modification of Impact Fee Requirements
Established policy and procedures: The County shall continue to waive impact fees for all
affordable housing, pursuant to Comprehensive Plan Policy 601.1.12 and LDC Chapter
12.
Monroe County 2012 Comprehensive Plan Policy 601.1.12. By January 4, 1997, Monroe
County shall adopt Land Development Regulations which may include density bonuses,
impact fee waiver programs, and other possible regulations to encourage affordable
housing.
Monroe County Code Chapter 126 —Impact Fees, Section 126-4(h)(6), Type of
Development Not Affected: Affordable or employee housing units (as defined in section
101-1) for which a deferred payment of impact fees has been recorded in the chain of
title. "
Responsible Agency: The Building Department and Planning Departments are
responsible for implementation.
C. Name of Strategy: Flexibility in Densities for Affordable Housing
Established policy and procedures:
Pursuant to Section 130-161(a)(1) Monroe County Code, the following density bonuses
are allowed for affordable and employee housing: a Maximum Net Density of 25
dwelling units per buildable acre for land classified urban residential (UR); a Maximum
Net Density of 18 dwelling units per buildable acre for land classified Mixed Use (MU);
and a Maximum Net Density of 18 dwelling units per buildable acre for land classified
suburban commercial (SC).
Responsible Agency: Monroe County Growth Management Division
2) The County shall continue to allow the construction of affordable housing units on
commercial sites without deducting from the commercial floor area allowed or
residential density allowed. [LDC Sec. 130-161(a) (5)]
Responsible Agency: Monroe County Growth Management Division
D. Name of Strategy: Reservation of Infrastructure Capacity for Affordable
Housing
Established policy and procedure: Monroe County prepares an annual Public Facilities
Capacity Report. This Report indicates that there is sufficient infrastructure capacity to
accommodate the needs county residents.
Responsible Agency: Monroe County Growth Management Division
E. Name of Strategy: Allowance of Affordable Accessory Residential Units in
Residential Zoning Districts
Established policy and procedure: On developed parcels other than IS/URM lots,
accessory residential units may be allowed in Monroe County, provided that the second
residential unit is consistent with existing density and Rate of Growth Ordinance
(ROGO) requirements specified within the Monroe County Code and the Monroe County
Comprehensive Plan.
On IS/URM lots and parcels other than IS/URM lots where maximum net density has
been achieved, accessory residential guest houses may be allowed in Monroe County,
provided that the guest house serves as a housekeeping establishment of the principal
residence, is consistent with the definition of accessory use/structure in the Monroe
County Code, and is consistent with the Monroe County Planning and Environmental
Resources Department Administrative Direction No: 01-104 dated February 3, 2004 and
the memorandum of understanding between the County and State concerning such
development.
Responsible Agency: Monroe County Growth Management Division
F. Name of Strategy: Reduction of parking and setback requirements for affordable
housing
Established policy and procedure: Currently, variances are available where the requisite
criteria can be met.
Responsible Agency: The Planning and Environmental Resources Department is
responsible for this on a case by case basis.
G. Name of Strategy: Allowance of Flexible Lot Configurations
Established policy and procedure: Monroe County allows flexible lot configurations to
the extent setback and buffers are met. Within a development, zero lot line configurations
are allowed. Variances are available where the requisite criteria can be met.
Responsible Agency: The Planning and Environmental Resources Department is
responsible for this on a case by case basis.
H. Name of Strategy: Modification of Street Requirements
Established policy and procedure: Manse County allows internal street configurations
that meet life -safety criteria.
Responsible Agency: The Planning and Environmental Resources Department is
responsible for this on a case by case basis.
I. Name of Strategy: Cost of Housing
Established policy and procedures:
1. All ordinances, policies, resolutions, regulations, and comprehensive plan
provisions (regulations) that may affect the cast of housing including those regarding
infrastructure, permitting, impact fees, or development process and approvals shall be
reviewed by the growth management director, the planning director, the building official
and the finance or budget director. The assessment shall evaluate whether the new
regulation does, in fact, affect the cost of housing including affordable housing. Such
evaluation shall be addressed in the staff report to the board of county commissioners.
(Section 9-3, Monroe County Code
Responsible Agency: Monroe County Growth Management Division
2. The county allows applicants to apply to the Board of County Commissioners to
waives permit application fees for affordable housing.
Responsible Agency: The Planning and Environmental Resources Department and
Building Department are responsible for the administration of the respective fee waivers.
J. Name of Strategy: Provide an Inventory of County Owned Property Suitable for
Affordable Housing
Established policy and procedures: Pursuant to a Section 125.379, Florida Statutes1 the
County has prepared and will continue to provide an inventory of possible sites suitable
for affordable housing. (Comprehensive Plan Policy 601.1.6)
Responsible Agency: The Clerk of Court has the list of properties approved by the Board
of County Commissioners in Resolution 299-2007.
K Name of Strategy: Support development near transportation hubs and major
employment centers and mixed use developments
Established policy and procedures: Livable CommuniKeys Plans (LCP) have been
approved for Key Largo, Tavernier, Big Pine Key and No Name Key, and Stock Island.
An LCP is nearing completion for the Lower Keys. These LCPs identify activity centers
that encourage the development of affordable housing near identified mixed use and
employment centers.
Responsible Agency: Monroe County Growth Management Division
L. Name of Strategy: Inclusionary Housing
Established policy and procedure:
Section 130-161(b)(2), Monroe County Code:
a. Residential developments, other than mobile home or mobile home spaces covered by
subsection (b)(2)b. of this section, that result in the development or redevelopment of
three or more dwelling units on a parcel or contiguous parcels shall be required to
develop or redevelop at least 30 percent of the residential units as affordable housing
units. Residential development or redevelopment of three units on a parcel or contiguous
parcels shall require that one developed or redeveloped unit be an affordable housing
unit. For the purpose of this section, and notwithstanding subsection (b)(2)b. of this
section, any dwelling unit exceeding the number of lawfully established dwelling units on
site, which are created by either a THE or ROGO allocation award, shall be considered
developed units.
b. The removal and replacement with other types of dwelling units of ten or more mobile
homes that are located on a parcel or contiguous parcels and/or the conversion of mobile
home spaces located on a parcel or contiguous parcels into a use other than mobile homes
shall be required to include in the development or redevelopment a number of affordable
housing units equal to at least 30 percent of the number of existing units being removed
and replaced or converted from mobile home use or, in the event the new use is
nonresidential, to develop affordable housing units at least equal in number to 30 percent
of the number of mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different use of ten
mobile homes or mobile home spaces on a parcel or contiguous parcels shall require that
three units be replaced or converted to deed -restricted affordable housing.
c. In calculating the number of affordable housing units required for a particular project,
or phase of a project, all dwelling units proposed for development or redevelopment or
mobile homes or mobile home spaces to be converted from mobile home use since the
effective date of the ordinance from which this section is derived shall be counted. In
phased projects, the affordable housing requirements shall be proportionally allocated
among the phases. If a subsequent development or redevelopment is proposed following
a prior development approved on the same property as it existed as of the effective date
of the ordinance from which this section is derived, which prior development did not
meet the compliance thresholds set forth in subsection (b)(2)a. or (b)(2)b. of this section,
the requirements of subsection (b)(2)a. or (b)(2)b. of this section shall be met as part of
the subsequent development for all units proposed for development or redevelopment
after the effective date of the ordinance from which this section is derived.
Responsible Agency: Monroe County Growth Management Division
M. Name of Strategy: Affordable Housing Incentive Programs
Established policy and procedure:
1. Section 130-161.1 Monroe County Code establishes incentives for affordable housing
development by allowing the transfer of market rate ROGO exemptions within the
ROGO subarea from mobile home parks that deed restricts the existing mobile home site
to affordable units for 99 years.
2. Consider amending the Land Development Code to allow incentives for a market rate
unit to obtain an affordable ROGO allocation and move the market rate unit to another
site through a Transfer of ROGO Exemption (TRE) if the existing site will be deed
restricted for 99 years as affordable.
Responsible Agency: Monroe County Growth Management Division
N. Name of Strategy: Employee Housing and Commercial Apartment Definition
and Permitted Uses
Established policy and procedure:
The definition and permitted uses section of the Monroe County Code needs to be
amended to encourage employee housing within existing commercial centers and zoning
districts that allow either employee or commercial apartments. The goal is to not to
require employees to work on the site where employee housing is located; employees
should work within the subarea where the employee housing is located.
Responsible Agency: Monroe County Growth Management Division
o. Purchase and Lease Back Program
Established policy and procedure: The County has a purchase and lease -back program for
affordable housing.
Responsible Agencies: Monroe County Land Development Authority; Monroe County
Housing Authority
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
Through: Christine Hurley, Growth Management Director
From: Mitchell N. Harvey, AICP
Comprehensive Planning Manager
Re: Local Housing Assistance Plan (CHAP) Amendments Required Pursuant
to Section 420.9076, F.S.
Date: November 27, 2009
For: December 121, 2012 Board of County Commissioners Meeting
Request: Staff is requesting that the Board adopt the attached Resolution adopting the
recommended changes to the Local Housing Assistance Plan (CHAP) Incentive
Strategies.
Background: On January 28, 2009, the Board of County Commissioners approved
Resolution No. 03 8-2009 that incorporated Incentive Strategies into Monroe County's
Local Housing Assistance Plan (LHAP) in accordance with Section 420.9076, Florida
Statues. This Section also requires the Local LHAP Incentive Strategies be updated every
three years in order for counties to continue to receive SHIP funds. The updated LHAP
Incentive Strategies required by the statute were approved at a public hearing by the
Affordable Housing Advisory Committee on October 10, 2012.
Minimum Incentive Strategies required by Section 420.9076(4), F.S. include. -
(a) The processing of approvals of development orders or permits, as defined in
s. 163.3164, for affordable housing projects is expedited to a greater degree than
other projects.
(b) The modification of impact fee requirements, including reduction or waiver
of fees and alternative methods of fee payment for affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very -low-income
persons, low-income persons, and moderate -income persons.
(e) The allowance of affordable accessory residential units in residential zoning
districts.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero -lot -line
configurations for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers,
before adoption, policies, procedures, ordinances, regulations, or plan provisions
that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable
for affordable housing.
(k) The support of development near transportation hubs and major employment
centers and mixed -use developments.
An existing policy or program for each required Incentive Strategy is identified together
with the responsible implementing agency in the attached resolution.
The Affordable Housing Advisory Committee (AHAC) recommended amendments also
include additional affordable housing Incentive Strategies identified by the AHAC and
staff. The AHAC recommended the following additional Incentive Strategies:
New Incentive Strategy, but already a Monroe County Code provision, (11 InclusionarX
Housing is presently implemented by Monroe County Code Section 130-161(b)(2) which
requires that residential development or redevelopment of three or more dwelling units on
a parcel or contiguous parcels be required to develop or redevelop at least 30 percent of
the residential units as affordable housing units.
New Incentive Strategy, but already a Monroe County Code provision, LmjAffordable
Housing Incentive Programs is presently implemented by Monroe County Code Section
130-161.1 which allows the transfer of market rate ROGO exemptions within the ROGO
subarea from mobile home parks that deed restricts the existing mobile home site for
affordable units for 99 years. New: In addition, it was recommended that the Land
Development Code be amended to allow incentives for a market rate unit to obtain an
affordable ROGO allocation and move the market rate unit to another site through a
transfer of ROGO Exemption (TRE) if the existing site will be deed restricted for 99
years as affordable.
New Incentive Strategy (n) EMployee Housing and Commercial Apartment Definition
and Permitted Uses recommends that the definition and permitted uses section of the
Monroe County Code be amended to encourage employee housing within existing
commercial centers and zoning districts that allow either employee or commercial
apartments. The goal is to not to require employees to work on the site where employee
housing is located; employees should work within the subarea where the employee
housing is located.
Move of Incentive Strategy (o) Purchase and Lease Back Program, which was part of a
previously approved strategy, to create a separate strategy. This Incentive Strategy allows
the County to purchase and lease back housing for use as affordable housing.
Recommendation: APPROVAL
Exhibits:
A. Section 420.9076, Florida Statutes
B. Affordable Housing Advisory Committee (AHAC) Draft Meeting Minutes, 10/10/12
C. Amended LHAP Incentive Strategies approved by the AHAC
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E�SIBIT A
Select Year: 2012 l Go
The 2012 Florida Statutes
Title XXX Chapter 420 View Entire Chapter
SOCIAL WELFARE HOUSING
420, 9076 Adoption of affordable housing incentive strategies; committees.
(1) Each county or eligible municipality participating in the State Housing Initiatives Partnership
Program, including a municipality receiving program funds through the county, or an eligible
municipality must, within 12 months after the original adoption of the local housing assistance plan,
amend the plan to include local housing incentive strategies as defined in s. 420.9071(16).
(2) The governing board of a county or municipality shall appoint the members of the affordable
housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county
and municipality may create and jointly appoint an advisory committee to prepare a joint plan. The
ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the resolution
appointing the advisory committee members must provide for 11 committee members and their terms.
The committee must include:
(a) One citizen who is actively engaged in the residential home building industry in connection with
affordable housing.
(b) one citizen who is actively engaged in the banking or mortgage banking industry in connection
with affordable housing.
(c) one citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing.
(d) one citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
(e) One citizen who is actively engaged as a for -profit provider of affordable housing.
(f ) One citizen who is actively engaged as a not -for -profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) One citizen who actively serves on the local planning agency pursuant to s. 163. 3174. If the local
planning agency is comprised of the governing board of the county or municipality, the governing board
may appoint a designee who is knowledgeable in the local planning process.
(i) One citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) One citizen who represents employers within the jurisdiction.
(k) One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by
prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in
these activities in connection with affordable housing, a citizen engaged in the activity without regard
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to affordable housing may be appointed. Local governments that receive the minimum allocation under
the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory
committee with fewer than 11 representatives if they are unable to find representatives who meet the
criteria of paragraphs (a)-(k).
(3) All meetings of the advisory committee are public meetings, and all committee records are
public records. Staff, administrative, and facility support to the advisory committee shall be provided by
the appointing county or eligible municipality.
(4) Triennially, the advisory committee shall review the established policies and procedures,
ordinances, land development regulations, and adopted local government comprehensive 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 existing 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 policies. At a minimum, each advisory committee shall submit a report to the
local governing body that includes recommendations on, and triennially thereafter evaluates the
implementation of, affordable housing incentives in the following areas:
(a) The processing of approvals of development orders or permits, as defined in s. 163.3164, for
affordable housing projects is expedited to a greater degree than other projects.
(b) The modification of impact -fee requirements, including reduction or waiver of fees and
alternative methods of fee payment for affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income
persons, and moderate -income persons.
(e) The allowance of affordable accessory residential units in residential zoning districts.
(f ) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable
housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for affordable
housing.
(k) The support of development near transportation hubs and major employment centers and mixed -
use developments.
The advisory committee recommendations may also include other affordable housing incentives
identified by the advisory committee. Local governments that receive the minimum allocation under the
State Housing Initiatives Partnership Program shall perform the initial review but may elect to not
perform the triennial review.
(5) The approval by the advisory committee of its local housing incentive strategies
recommendations and its review of local government implementation of previously recommended
strategies must be made by affirmative vote of a majority of the membership of the advisory committee
taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory
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committee to adapt its evaluation and final local housing incentive strategies recommendations must be
published in a newspaper of general paid circulation in the county. The notice must contain a short and
concise summary of the evaluation and local housing incentives strategies recommendations to be
considered by the advisory committee. The notice must state the public place where a copy of the
evaluation and tentative advisory committee recommendations can be obtained by interested persons.
The final report, evaluation, and recommendations shall be submitted to the corporation.
(6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies
recommendations from the advisory committee, the governing body of the appointing local government
shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive
strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the
local housing incentive strategies required under s. 420.9071(16). The local government must consider
the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee.
(7) The governing board of the county or the eligible municipality shall notify the corporation by
certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local
housing incentive strategies. The notice must include a copy of the approved amended plan.
(a) If the corporation fails to receive timely the approved amended local housing assistance plan to
incorporate local housing incentive strategies, a notice of termination of its share of the local housing
distribution shall be sent by certified mail by the corporation to the affected county or eligible
municipality. The notice of termination must specify a date of termination of the funding if the affected
county or eligible municipality has not adopted an amended local housing assistance plan to incorporate
local housing incentive strategies. If the county or the eligible municipality has not adopted an amended
local housing assistance plan to incorporate local housing incentive strategies by the termination date
specified in the notice of termination, the local distribution share terminates; and any uncommitted
local distribution funds held by the affected county or eligible municipality in its local housing assistance
trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the
corporation to administer the local government housing program.
(b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local
housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant
to an interlocal agreement within the county does timely adopt an amended local housing assistance
plan to incorporate local housing incentive strategies, the corporation, after receipt of a notice of
termination, shall thereafter distribute directly to the participating eligible municipality its share
calculated in the manner provided in s. 420.9072.
(c) Any county or eligible municipality whose local distribution share has been terminated may
subsequently elect to receive directly its local distribution share by adopting an amended local housing
assistance plan to incorporate local housing incentive strategies in the manner and according to the
procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072.
(8) The advisory committee may perform other duties at the request of the local government,
including:
(a) The provision of mentoring services to affordable housing partners including developers, banking
institutions, employers, and others to identify available incentives, assist with applications for funding
requests, and develop partnerships between various parties.
(b) The creation of best practices for the development of affordable housing in the community.
(9) The advisory committee 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.
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History.--s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s. 117, ch. 2008-4;
s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139.
Copyright 0 1995-2012 The Florida Legislature • Privacy Statement • Contact Us
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EXHIBIT B
AFFORDABLE HOUSING ADVISORY COMMITTEE
Draft Meeting Minutes
The Affordable Housing Advisory Committee of Monroe County conducted a meeting on
October 10, 2012 beginning at 10:07 AM at the Marathon government Center, 2798 Overseas
Highway, Marathon, Florida.
AFFORDABLE HOUSING ADVISORY MEMBERS:
Sylvia Murphy
Present
Sherry Phillips
Absent
Heather Roberts
Absent
James D. Cameron
Present
Randy Wall
Present
Warren Leamard
Present
Ken Naylor
Absent
Morgan Hill
Absent
Ed Swim
Present
William Wiatt
Present
Jerry Gaddis
Absent
Ron Miller
Present
STAFF
Christine Hurley, Director, growth Management Present
Mitch Harvey, Comprehensive Planning Manager Present
1.Roll Call
Mr. Harvey called the roll. A quorum was present.
2.Approval of Minutes of August 22, 2012 and September 12, 2012
Motion: Mr. Leamard made a motion to approve the minutes of the August 22, 2012 and
September 12, 2012 meetings. Mr. Swift seconded the motion. There was no opposition.
The motion passed unanimously.
3.Public Hearing to Review and Approve the LHAP Incentive Strategies
Mr. Harvey explained that the purpose of this meeting is to approve the LHAP Incentive
Strategies. Mr. Harvey stated that he has looked at the incentive strategies that were adopted in
the past to see whether any changes would be required in order to be consistent with the
strategies that are in the Florida State Statutes, because that is what the State will be looking for
when this gets submitted to them. A couple of other strategies were added that were not listed
previously, but are included in the County's code of ordinances, to show the State that Monroe
County is providing housing incentives. A new strategy was added by Planning staff, which has
to do with employee housing and commercial apartment definitions and permitted uses.
Mr. Harvey started explaining the strategies beginning with Strategy A, Expedited Permitting.
Language was added that explains the ROGO system, i.e., 197 building permits are issued
annually and the County sets aside 71 for affordable housing. Section 9-2(b) of the Monroe
County Code gives priority in processing for affordable housing. Mr. Harvey further explained
that the State is looking to see how the County is implementing the strategy with some sort of
citation to where it is in the code and who is responsible for implementing that strategy, which
would be Monroe County Growth Management.
Mr. Harvey clarified for Chair Cameron that Marathon, Ivey 'West and Layton have their own
versions of these incentive strategies and they are not tied to Monroe County's incentive
strategies in any way.
Strategy B, Modification of Impact Fee Requirements, Mr. Harvey cited the County's policy of
the Land Development Code chapter that states that the County can continue to request from the
Board of County Commissioners (BOCC) that impact fees be waived for affordable housing.
Strategy C. Flexibility in Densities for Affordable Housing, states that the County does provide
in the comprehensive plan and Land Development Code bonuses for affordable housing using
max net calculations.
Mr. Swift commented as to Strategy B that this strategy politicizes the process rather than across
the board reducing the fees by 50 percent if the project meets the affordable housing criteria.
Ms. Hurley explained that the impact fees in Strategy B are automatically waived and that does
not go to the Board. The Board will waive building permit fees for projects that are leveraging
state or federal dollars through some other type of housing program. The reason that the Board
has to do this is in the past years the building fund by State statute has to be made whole. When
the Board waives the fees, they have to transfer in money from another fund to pay the building
fund. The Board has to motion to do this and then later a budget amendment must occur to move
that money.
Strategy D, Reservation of Infrastructure Capacity for Affordable Housing, is a requirement of
the State statute that was not in the last iteration and, therefore, this is an add -on. Every year the
County develops a public facilities capacity report to determine that the County has sufficient
capacity to accommodate the anticipated needs throughout the planning period in the
comprehensive plan. This has not been an issue in the County in the past.
The next strategy, E, Allowance of Affordable Accessory Residential Units in Residential
Zoning Districts, is a strategy that is also specified in the State statute. Generally this deals with
guest houses, but it depends on the density and intensity the comprehensive plan allows as to
whether or not an accessory use can be added. Mr. Wiatt asked if a property owner of a single-
family residence in an area that meets the density requirement wants to build a guest house,
would they have to get a RGGG allocation in order to build that guest house? Ms. Hurley
explained that it depends on whether or not density on the site has been met and it depends on
what is being proposed as a guest house. A unit that would house a separate family needs a
ROGO allocation. There is an administrative instruction on a guest house that does not have full
facilities, and if that is allowed a ROGO allocation is not needed. Ms. Hurley then noted that a
rental unit in a single-family under zoning is not allowed. Commissioner Murphy asked if it
mattered whether the original residence was affordable housing or normal housing, and Ms.
Hurley stated that could be researched.
Chair Cameron asked for clarification of the language "the guest house serves the housekeeping
establishment." Ms. Hurley corrected the language to read "the guest house serves as the
housekeeping establishment." Mr. Harvey will make that change. Mr. Swift then discussed the
restrictions put on "mother-in-law's apartments" in Ivey West so as not to allow that to become a
rental unit for a working person. Through time these have become affordable housing units
without affecting ROGO. Ms. Hurley reiterated that the County's administrative instruction on
guest houses works similarly to that, assuming the zoning is not violated. The Board is sensitive
to protecting single-family neighborhoods, and with the way vacation rentals have exploded,
staff is not willing to propose changes to allow full-blown guest-house--with-kitchen rentals.
Staff is trying to figure out a way to encourage building over commercial units. Chair Cameron
believes the necessity to build most everything up on stilts is going to preclude any kind of guest
houses built like that.
Mr. `]Viatt voiced concern about that increase in density from a hurricane evacuation, quality of
life and traffic standpoint by circumventing ROGO. Ms. Hurley pointed out that any of those
units that have a kitchen would require an allocation. Mr. Wiatt also voiced concern about
development that does require a ROGO allotment on a preexisting single-family home,
residential parcel, thereby taking the County in the opposite direction of where the County
wanted to go with the new FLUM zone for commercial properties. Ms. Hurley explained that is
why the language "consistent with density and Rate of Growth Ordinance requirements" is
included. The way the code is written right now, if you happen to be in a category that allows
the density, you can get more than one unit on a site, but that would not include an IS lot.
Ms. Hurley then explained to Mr. Miller that there are competing public policy issues being dealt
with. In Ivey Largo many of the sites were rezoned in the `Sos that have existing commercial
establishments. Someone went through and made them all nonconforming. A couple property
owners applied to become conforming again, and when designated mixed use, because that is the
only category that allows the commercial use, the DCA said no because that is increasing their
density. So a solution is needed for those existing businesses that are adjacent to those
neighborhoods that ended up IS so they are allowed extra residential density. This is why that
commercial category was created. Mr. Miller believes this is the opposite of smart growth.
Chair Cameron pointed out that the State does not have a problem with increasing density to
accommodate affordable housing.
Strategy F, Reduction of Parking and Setback Requirements for Affordable Housing, the County
currently reviews variances which are available and there has been no change other than adding
the proper name for the Planning Department.
Strategy Gr, Allowance of Flexible Lot configurations, is something the County continues to do
and no change is required other than adding the name of the Planning Department.
Strategy H, Modification of Street Requirements, the County continues to do this on a case -by -
case basis, and the new name of the Planning Department was added.
Strategy I, Cost of Housing, the code language from Section 9-3 of the Monroe County Code
was incorporated verbatim so there can be no inconsistency between what is in the LHAP
strategy and what is in the code right now. Mr. Miller asked for an explanation of why there has
been a 250 percent increase in the amount of subsidy for affordable housing units built since
2005. Ms. Hurley explained that that is the amount of federal tax credits that have gone into the
project. Chair Cameron suggested that Mr. Miller may be mistaking costs with tax credits
available. Mr. Swift added that Monroe County never could use tax credits because the subsidy
for tax credits for Monroe County was more and we did not qualify in the state system. When
Monroe County got the set aside, they got the tax credits, but it is more expensive to build here.
Ms. Hurley agreed that the cost to build here and the cost of land here is extreme. Ms. Hurley
further explained that when government sets aside a fund specifically for one area, it almost
becomes a monopoly and the price can get set at a rate that is not market -driven. That money is
given by the State to a developer without any input from the County as to the amount given. The
amount was so much less before 2005 because Monroe County was less competitive then and
was not getting as much as other areas in the state. Mr. Swift noted that one project before 2005
was subsidized by the County with funds out of Land Authority monies. In the projects after the
set -aside more tax credit money and less County money was used.
The next strategy, J, Provide an Inventory of County Owned Property Suitable for Affordable
Housing, is presently continuing to be maintained.
Strategy K, Support Development Near Transportation Hubs and Major Employment Centers
and Mixed Use Development. The fact that the Livable CommuniKeys Plans (LCPs) include the
identification of activity centers which encourages employee housing associated with those
commercial centers was identified in the strategy. Mr. Swift asked if the language "The County
has purchased a leaseback program for affordable housing" is still true. Mr. Harvey responded
that it is, but it was deleted because of the lack of a nexus between that and the strategy. Mr.
Swift suggested including that language as its own separate letter category.
Commissioner Murphy asked if a property owner who has held the property for a few years as
the value increased would be awarded by the County 60 percent of the higher cost of the
property if they applied to build affordable housing. Mr. Swift answered yes, and then explained
that the rationale for the sale leaseback is to get the land in perpetuity. The County then owns
the land in perpetuity, so that at the end of the leaseback that land is going to always be in the
public domain and the housing will always be in existence. Mr. Swift further explained that the
Commission voted these programs in place.
Mr. Swift would like to see unused allocations in Ivey West be allowed to be put in a pipeline to
allow the City to give the County affordable permits. Ms. Hurley stated that process has begun
as a result of the hurricane evacuation model. Ms. Hurley clarified that how to adjust this on an
annual basis still has to be figured out. It also has not been decided whether this would apply
only to the affordable component of RGGG.
Mr. Swift discussed how the single-family permits could be used by the County to get rid of
takings issue. Ms. Hurley stated that staff would only want them for administrative relief. Mr.
Miller believes this would accelerate growth in other parts of the county, especially when it goes
into environmental areas. Ms. Hurley explained that through administrative relief Tier III -A and
Tier I properties would go to the Board and they are always recommended for purchase. Staff is
anticipating all of the single-family permits to go to Tier III properties.
The next strategy, Strategy L, Inclusionary Housing, Section 13 0-161(b)2(a) of the Monroe
County Code was incorporated into the strategy verbatim. Mr. Swift questioned whether the
code no longer requires mobile home parks, when they go to market rate housing, to set aside 30
percent as affordable. Ms. Hurley corrected the language of the strategy to read "new residential
developments." Mr. Harvey will make that correction.
Mr. Wiatt pointed out that the new language of "three or more" is more restrictive than the
original language which would affect four -unit dwellings. Ms. Hurley explained that the new
strategy is the language used in the code, whereas the way that it was written before was
incorrect. Mr. Wiatt then pointed out that the provisional language talks specifically about "deed
restricted" units, whereas the new language does not. Mr. Wiatt is concerned that this new
language might be misunderstood to mean that it actually would affect development and
redevelopment of rental housing as opposed to actual deed -restricted affordable housing. Ms.
Hurley clarified that it affects both. Mr. Wiatt then pointed out that this would then affect
someone that has a triplex they are renting out on the water that is rundown and they want to
redevelop it as a nicer waterfront triplex by forcing them to then make one of those units as a
rent -controlled affordable housing unit. Ms. Hurley stated that she is unclear as to what triggers
redevelopment and is not sure if the 50 percent rule would apply.
Mr. wall noted that in some cases like that the affordable unit gets transferred off site to give
them the credit and then valuable property gets redeveloped at the higher value. Ms. Hurley
added that there is also a provision that money can be paid into a fund to address the affordable
unit, but this strategy does affect rentals. Mr. Wiatt reiterated that he finds the number of three
in the existing language problematic.
Mr. Swift then asked if the language in Strategy L would allow new mobile home parks to be
built. Ms. Hurley explained that they are permitted uses in certain zoning categories. Ms.
Hurley stated that the restriction Mr. Swift was thinking of may be from a flood plain
perspective. Mr. Wall added that the restriction applies to new RV parks that the County has no
ROGO allocations for. Mr. Swift still reads this strategy's language to exclude redevelopment of
mobile homes. Ms. Hurley then discussed a mobile home incentive program that was put into
the code which states if a property owner is willing to deed -restrict existing mobile home spaces
as affordable for 99 years, then the County will use affordable housing allocations. Ms. Hurley
then read from the code regarding mobile home parks. Mr. Swift suggested removing the mobile
home language from Strategy L. Ms. Hurley agreed to that, as well as adding a new paragraph to
include how mobile homes are treated.
Ms. Hurley reminded the Committee members that these strategies are a summary put together to
make this easy for the Committee, but the code has to be referred to for the exact rules. Ms.
Hurley clarified that the code would require one of the three units referred to in Strategy L to be
deemed affordable, but if through mitigation that affordable unit is taken off site, three market
rate units would be allowed to be developed.
Discussion continued of examples of the mitigation options available under Strategy L. Mr.
Wiatt again voiced concern that Strategy L could negatively impact a homeowner as opposed to
a commercial entity. Mr. Wiatt does not disagree with the 30 percent number in the strategy, but
strongly disagrees with the number of three dwelling units being the trigger point in the strategy.
Mr. Miller then commented on the project at Mile Marker 106 of hundreds of units that are not
truly affordable housing. Ms. Hurley explained that County code considers moderate income
affordable. Mr. Leamard remembered the comments about this project at the prior meeting were
that the reason why the development was not totally rented was because it was not all affordable.
Mr. wall noted that the market rate units could not be transferred off under that developer's
particular agreement. More discussion was had about reasons the development may not be 100
percent rented. Mr. Swift discussed the rationale of forcing market rate developers to build into
the development low, moderate or median income units.
Ms. Hurley then stated that the County does not have a written definition of "redevelopment,"
but the County has interpreted "redevelopment" to mean complete demolition and rebuilding.
Ms. Hurley stated that a code amendment is needed to clarify this.
Strategy M was added by Mr. Harvey because of finding a section in the code called Affordable
Housing Incentive Program. Mr. Harvey stated that he wanted to show the State that Monroe
County has additional programs over and above the minimum that the State required for
incentive strategies. Strategy M. refers to Section 130-1 6 1.1 of the Monroe County code, which
establishes incentives for affordable housing development by allowing the transfer of RGG D
exemptions from mobile home parks within the sub -area.
Chair Cameron stated that there was a move at one point to create a system whereby a property
owner could dedicate a market rate house and make it affordable and move their market rate
allocation to another location. Ms. Hurley clarified that that is only allowed in the code for
mobile homes. Chair Cameron informed the Committee that that was one of the issues the
previous committee recommended be looked at. Ms. Hurley stated that staff has discussed
allowing moving of market rate allocations and that is in the EAR. Chair Cameron suggested
including that in Strategy M. Ms. Hurley wants to change the existing language in Strategy M.
to "allowing the transfer of market rate RGGG exemptions within the same sub -area from mobile
home parks," and adding the restriction of existing mobile home sites to affordable units for 99
years. Number Two to Strategy M will be to consider amending the Land Development Code to
allow incentive for a market rate home to obtain an affordable allocation and move the market
rate THE to another site and the existing site will be deed -restricted for 99 years as affordable.
This will have to be in the same sub -area.
Mr. Miller again raised his concern of allowing the mitigation in one sub -area and allowing the
development in another. Ms. Hurley explained that this is an issue for the County relative to the
takings risk as well as the incidental take permit in the Habitat Conservation Plan financially.
Mr. wail questioned why the term "ROGO exemption" is used in Strategy M as opposed to a
dwelling unit. Ms. Hurley explained that that term has been used in the code for a long time.
Ms. Hurley further explained that the houses that were in existence when ROGO was created are
considered ROGO exempt because they never went through ROGO and they never got an
allocation. This guarantees to the public that they have a legal house. A legal dwelling unit
allocation is actually received through the competition.
Strategy N is a new item, Employee Housing and Commercial Apartment Definition and
Permitted Uses. Ms. Hurley explained that at the prior meeting the Committee talked about
incentivizing commercial to add housing, but one of the challenges internally is that the
definition of employee housing requires that the employee live at the exact location they work.
Some employers do not want their employees to live at the job site because it is an
uncomfortable situation if the employee is ever terminated. A code amendment was suggested to
change the word "employee housing" to "commercial housing," because commercial housing
would require an individual to just work in the vicinity. Commissioner Murphy takes exception
to the requirement of an employee having to work within the sub -area where the employee
housing is located. Ms. Hurley agreed that that language should be removed.
Ms. Hurley confirmed that in order to get the affordable allocation, the income is restricted. Ms.
Hurley stated that the goal is to keep the term "commercial apartments" and get rid of all other
terms. Commissioner Murphy brought up her concern with the affordable housing guidelines
that 70 percent of someone's income has to be earned in Monroe County and wondered what
happens when someone retires. Mr. Swift explained that the requirement is that the individual is
working when they lease the unit, but they cannot be thrown out when not working. Mr. Swim
added that this language is in the leaseback of the land from the County. The purpose of this is
to prevent people from retiring up north and moving into affordable work force housing down
here, because then there would be no work force housing for working people.
Ms. Hurley pointed out that if the employee housing definition is eliminated altogether, that is
where the "70 percent" requirement is located and would also be eliminated. when the revision
is done the term "affordable commercial apartment" should be used, because that means an
attached or detached residential dwelling unit located on the same parcel of land as a
nonresidential use that is intended to serve as permanent housing for the owner or employees of
that nonresidential use. The term does not include a tourist housing use or vacation rental use.
Ms. Hurley believes "The owner of the business or an employee of the business" needs to be
removed from the language. Ms. Hurley reminded the Committee members that the goal of this
document is to establish the intent, and it is now obvious the code needs to be amended to meet
that intent.
Mr. Swift recommended including language of the requirement that 70 percent of an applicant's
income is earned in Monroe County. Ms. Hurley proposed amending the land development code
to encourage employee housing within existing commercial centers and zoning districts that
allow either employee or commercial apartments to not require employees to work on the site
where employee housing is located, but instead work within the county. Commissioner Murphy
agreed.
Motion: Mr. Swift made a motion to accept all of the proposals, A through 0, as amended
by Mr. Harvey and Ms. Hurley. Mr. Leamard seconded the motion. There was no
opposition. The motion passed unanimously.
4.Update on AHAC Resolution regarding the proposed removal of the Florida Keys Set -
Aside of Housing Credits by the Florida Housing Finance Corporation
Mr. Harvey reported that back in August Mr. Swift proposed a resolution, which was approved,
regarding the proposal from the Florida Housing Finance Corporation to remove the two set -
asides that were annually granted to Monroe County since 2002. Staff prepared an agenda item
which went in front of the Board of County Commissioners, and they endorsed that resolution,
created a resolution of their own with a letter from the Mayor to the Florida Housing Finance
Corporation requesting that the two set -asides be put back in force again this year.
5.Report by staff of Florida Housing Finance Corporation 6Ih Rulemaking workshop in
Tallahassee
Mr. Harvey attended the Florida Housing Finance Corporation's workshop in September and
presented the County's position that we want those two set -asides brought back. Mr. Harvey
then attended the next workshop on October 1, 2012 in Tallahassee whereupon it was announced
as part of their agenda that they were willing to compromise and give Monroe County one set.
aside. There is still some lobbying going on with perhaps an opportunity to get the second set -
aside, but the County will not know until the final rules get approved by the Florida Housing
Finance Corporation Board, which will occur in December.
Mr. Harvey further reported that at the first meeting in September the response that he received
from the Executive Director was that the County has received over $10 million in tax credits
which resulted in over 601 units being built, and that it was taking up all of the money available
for the small county allocations and they wanted to level the playing field and have the County
compete with the other small counties. At the October meeting one set -aside was granted. That
means that before they allocate and review applications, one application is set aside for Monroe
County. Mr. Swift believes that one of the strongest points for the County to argue in our
defense is from the inception of tax credits, until they gave Monroe County the set -asides
Monroe County got none.
Chair Cameron asked if this Committee is going to continue meeting to possibly review the
different suggestions made by the last Affordable Housing Committee. Commissioner Murphy
pointed out that the Committee serves at the pleasure of the Commission. Commissioner
Murphy suggested letting staff get through what is necessary to complete the incentive strategies
and then Growth Management can let the Commission know if they want to continue meetings
or just leave it until the next time things have to be pushed forward to Tallahassee. Chair
Cameron feels that if this Committee is going to be an advisory committee on affordable
housing, this Committee ought to at least look at those recommendations and decide if there is
something else the Committee would recommend. Commissioner Murphy stated that now would
not be a good time to bring all the other recommendations forward. Mr. Harvey will make a
copy of the book of previous recommendations and distribute it to the Committee members. Mr.
Swift agreed that the Committee members can review the book of recommendations and then
lobby the Planning Department for a meeting in the future, and the Planning Department can
then take it to the BDCC for a decision.
The Affordable Housing Advisory Committee meeting was adjourned at 12:09 p.m.
EXHIBIT C
LHAP INCENTIVE STRATEGIES .Section: 420.9071(16), Florida Statues
A. Name of Strategy: Expedited Permitting
Established policy and procedures:
° The
Monroe County Comprehensive Plan and Land Development Regulations establish
procedures for expediting the development of affordable housingprojects. The County is
allowed to issue 197 buildingpermits annually and of these permits, the Count sets aside
71 Hermits for affordable housin. This includes the unused allotment of permits for
affordable housing set aside units to be rolled over and accumulated each year without
going through the ROGO (Rate of Growth Ordinance) process. AA
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;�e i�Q i r,.:,,..:t.,� :.. „» ., ��,.eQ „f+i.o ...,., �;.,
���er;�-aet�xg-p�eeess�4�e�ed--A���� 3409 ��4-2A(39-. Additionally, anX
development order or development permit for affordable housing shall receive priority in
processing and review of applications and permits. (Section 9-2(b), Monroe County
Code
Responsible Agency: Monroe County Growth Management Division
B. Name of Strategy: Modification of Impact Fee Requirements
Established policy and procedures: The County shall continue to waive impact fees for all
affordable housing, pursuant to Com rehensive Plan Policy 601.1.1 2 and LDC Chapter
12.
Monroe County 2012 Comprehensive Plan Policy 601.1.12: By Janualy,_ 4, 1997, Monroe
Countshall adopt Land .Develop t Regulations which may include density bonuses,_
im act Lee waiver pLqgrams, and other possible rezulations to encourage affordable
housin .
Monroe County_ Code Chapter 126 . = Impact Fees, Section 126-4(h)(61-. Type of
Development Not Affected: Affordable or employee housing units as ned in section
101-1) for -which a &eLerredvayment of impact fees has been recorded in the chain of
- -
title. "
Responsible Agency.-, The Building Department and Planning Departments are
responsible for implementation. ;
C. Name of Strategy: Flexibility in Densities for Affordable Housing
Established policy and procedures:
1
. .
. Pursuant to Section 13 a-1 1 (a( 1 ) Monroe County_Code, the_.follawin
density bonuses_ are allowed for affordable and employee housing-. a Maximum Net
Density of 25 dwellin units ,per buildable acre for land classified urban residential (U'LP,)-
a Maximum Net Density of 18 dwelling units per buildable acre for land classified Mixed
Use (MU)-, and a Maximum Net Density _of 18 dwelling units per buildable acre for land
classified suburban commercial (SC).
Responsible Agency: Monroe County Growth Management Division
2) The County shall continue to allow the construction of affordable housing units on
commercial sites without deducting from the commercial floor area allowed or
residential density allowed. [LDC Sec. 130-161(a) (5)]
Res onsible -Agency: Monroe Countv Growth Man& ement Division
D. Name of Stratezy: Reservation of Infrastructure Capacity for Affordable
- ou5in
Established policy andprocedure-. Monroe County prepares an annual Public Facilities
Capacity Report. This Report indicates that _there is sufficient infrastructure capacity to
accommodate the needs county residents.
Responsible Agency: Monroe County Growth Division
E. Name of Strate : Allowance of Affordable Accessory Residential Units in
Residential Zoning Districts
- - wrrrrrrr�
Established policy and procedure: On developed parcels other than ISIURM lots
accessoKy residential units mav be allowed in Monroe County, provided that the second
residential unit is consistent with existing density and Rate of Growth Ordinance
FROG }requirements specified within the Monroe County Code and the Monroe County
Comprehensive Plan.
On IS/URM lots andarcels other than ISIURM lots where maximum net density has
been achieved, accessory residential west houses may_ be allowed in Monroe County,
provided that the _west house serves as a housekeepin establishment of the principal
residence, is consistent with the definition of accessory use/structure in the Monroe
County Code, and is _consistent with the Monroe County Planning andEnvironmental
Resources -Department Administrative Direction No: 01-104 dated February_,3, 2004 and
the memorandum of understanding between the County and State concerning such
development.
Responsible Agency: -Monroe County Growth Manggement_Division
Dw. F. Name of Strategy: Reduction of parking and setback requirements for
affordable housing
Established policy and procedure: Currently, variances are available where the requisite
criteria can be met.
Responsible Agency: The Planning and Environmental Resources Department is
responsible for this on a case by case basis.
G. Name of Strategy: Allowance of Flexible Lot Configurations
Established policy and procedure: Monroe County allows flexible lot configurations to
the extent setback and buffers are met. within a development, zero lot line configurations
are allowed. Variances are available where the requisite criteria can be met.
Responsible Agency: The Planning and Environmental Resources Department is
responsible for this on a case by case basis.
H. Name of Strategy: Modification of Street Requirements
Established policy and procedure: Monroe County allows internal street configurations
that meet life -safety criteria.
Responsible A enc : The Planning and Environmental Resources Department is
responsible for this on a case by case basis.
Q. I. Name of Strategy: Cost of Housing
Established policy and procedures:
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%�o*WAA%0%04AA� 16AA%O %—W%J16*XJL&.7 LY 1,%JJLJL%.0A%.fU3� %.PAL ...L.L.L L.Kees ar-e. sulbjeeet to t
. All ordinances, policies, resolutions regulations,
and _ comprehensive plan- provisions (regglations) that may affect the cost of housing
including those reearding infrastructure, permitting, impact fees, or development vrocess
and approvals_ shall be reviewed by the growthmanagement, director, the. -planning
directorL the building official and the finance or budget director. The assessment shall
evaluate whether the new regulation does, in fact, affect the cost of housing including
affordable housing._ Such evaluation shall be addressed in the staff report to the board of
count commissioners.(Section 9-3 Monroe Count Code �pti- Or din nnp-,Q (13
Responsible Agency: Monroe County_ Growth Management Division
2. The county allows applicants to apply to the Board of County Commissioners to
waives � application fees for � affordable housing,
LS
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(r nr Roe 6 1 nQia� 0� and Section 6-
108(e), Monroe County Code)_
Responsible Agency_: The Planning and Environmental Resources Department and
Building Department are responsible for the administration of the respective fee waivers.
J. Name of Strategy: Provide an Inventory of County Owned Property Suitable
for Affordable Rousing
Established policy and procedures: Pursuant to Fle.rLi Section 125.379, Florida
Statutes, the County has prepared and will continue to provide an inventory of possible
sites suitable for affordable housing. (Comprehensive Plan Policy 601.1.6)
Responsible Agency: The Clerk of Court has the list of properties approved by the Board
of County Commissioners in Resolution 299-2007.
L. K. Name of Strategy: Support development near transportation hubs and major
employment centers and mixed use developments
Established policy and procedures:
with tLig
Livable CommuniK.e s Plans LCP have been aIDIDroved for Ke
Largo, Tavernier,Bid_ Pine Key and No Name Key, and Stock Island. An LCP is nearing
completion for the Lower Keys. These LCPs identify_ activity -centers that encourage,_, the
development of affordable_ housing near, identified mixed use and employment centers.
Responsible Agency: Monroe County Growth Management Division
J. L. Name of Strategy: Inclusionary Housing
Established policy and procedure:
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Section 130-161(b)(2), Monroe County, Code:
a. Residential developments, other than mobile home or mobile home spaces covered by
subsection (b)(2)b. of this section, that result in the development or redevelopment of
three . or more dwelling units on a parcel ., or contiguous parcels shall be required to
develop or redevelop at least 30 percent of the residential, units as affordable housing
units. Residential development or redevelopment of three units_ on, a parcel or contIRUOUS
parcels shall require that one developed or redeveloped unit be an affordable, housing
unit. For the _ purpose of this section,and notwithstanding subsection (b)(2)b. of this
section, any dwelling_unit exceeding e number of lawfully established dwelling units on
site, which are created by either a THE or RDGD allocation award, shall , be considered
developed units.
b. The removal and replacement with other types ofdwellingunits of ten_ or more mobile
homes that are located on a parcel or contiguous .parcels and/or the ,conversion of mobile
homes aces located on a parcel or contigpous parcels into a use other than mobile homes
shall be required to, include in the development or redevelopment a number of affordable
housing units equal to at least 30 percent of the number of existing units being removed
and replaced or converted, from mobile home use or, in the event the new use is
nonresidential,_ to develop_ affordable housing -units at least equal in -number to 3 0 percent
of the number of _mobile homes or mobile home spaces beingconverted to other than
mobile home use. Removal and re lacement or conversion to a different use of ten
mobile homes or mobile home spaces on a parcel or contiggous parcels shall require that
three units be replaced or ,converted to deed -restricted affordable housing.
c. In calculatiLig. the number of affordable housing units required fora particular project.
or phase of a project, all dwelling units iDLoposed for development or redevelo ment or
mobile homes or mobile homespacesto be converted from mobile home use since. the
effective date of the ordinance from which this section is derived shall be counted. In
phased- projects, the affordable housing requirements _ shall be proportionally allocated
among the phases. If a subsequent development or redevelopment -is proposed following
a prior development approved, on. the same property as it existed as of the effective date
of the ordinance from which this section is _ derived, which prior development did not
meet the compliance thresholds set forth in, subsection (b)(2)a.. or )Qb. of this section_
the requirements of subsection (b)(2)a. or (b)(2)b. of this section shall be met as part of
the subsequent development for all units proposed -for development or redevelopment
after the effective date of the ordinance from which this section is derived.
Responsible Agency: Monroe County Growth Management Division
M. Name of Strategy: Affordable Housing Incentive Programs
Established policy and procedure:
I. Section 130-161.1 Monroe County Code establishes incentives for affordable housing
development by allowing the transfer of market rate RGGG exemptions within the
r �_.
RGGG subarea from mobile home parks that deed restricts the existing mobile home site
to affordable units for 99 ears.
2. Consider amending the _.Land Development Code to „allow incentives for a market rate
unit to obtain an affordable RGGG allocation and move the market rate unit to another
site through a Transfer of ROGO Exemption (TRE) if the existing site will be deed
restricted for 99 years as affordable.
Responsible Agenc : Monroe County Growth Management Division
N. Name of Strategy: EmRloyee Housing and Commercial Apartment Definition
and Permitted Uses
Established policy and procedure:
The definition and permitted uses . section of the Monroe County_Code needs to be
amended to encourage employee housiniz within exisling. commercial centers and zonin
districts that allow either em to ee or commercial apartments. The jeoal is to not to
require employees_ to work on the site where employee housing is„_.located; employees
should work within the subarea where the employee housing is located.
Responsible Agenc r� : Monroe County Growth Management Division
o. Purchase and Lease Back Program
Established policy and _procedure: The County has a purchase and, lease -back pro r�amfor
affordable housing.
Responsible Agencies: Monroe County Land Development Authority, Monroe County_
Housing Authority