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Resolution 384-1999 Resolution No. _ 384 - 1999 3: \D :!1 0 a \D ~ "'~". ....- :z:a r- ::c ":'''' C") ;'". ~ ", Or,,:: f""!1~-,< 0 0" (4) "Tf 0(""), <::) 0 c:=.-.". =t: ;;0 --, " ::0 -1 . C::t ;:0 or ::r: =<:-f:J: ", ". p - C"') r- C) .. 0 J> IT] - :::0 0'\ 0 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE FLORIDA DEPARTMENT OF COMMUNITY AFF AIRS AMENDMENTS TO RESIDENTIAL ROGO INCLUDING PORTIONS OF POLICIES 101.2.4, 101.5.4 AND 601.1.11 OF THE MONROE YEAR 2010 COMPREHENSIVE PLAN. THESE AMENDMENTS ADD FLEXIBILITY TO RESIDENTIAL ROGO ALLOCATIONS AND ADD POSITIVE POINT OPPORTUNITIES FOR MODEST HOUSING. WHEREAS, the Monroe County Board of County Commissioners held a public hearing for the purposes of considering the transmittal to the Florida Department of Community Affairs for review and comment of proposed amendments to the Monroe County Year 2010 Comprehensive Plan and County Code, addressing the issues described above; and WHEREAS, the Planning Commission and the Monroe County Board of County Commissioners support these amendments to Residential ROGO; and WHEREAS, the BOCC approves the language set forth herein and attached as Exhibit I; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. The Monroe County Board of County Commissioners does hereby adopt the recommendations of the Planning Commission pursuant to the draft ordinance for adoption of the proposed residential ROGO amendments. Section 2. The Monroe County Board of County Commissioners does hereby direct the Planning Department to transmit the proposed amendments as part of the 2nd set of comprehensive plan amendments for 1999 to the Florida Department of Community Affairs for review and comment in accordance with the requirements of the Florida Statutes; and BOCC Affordable Housing Page 1 of2 RESOLUTION # -99 Initials Section 3. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the ~ day of August , A.D., 1999. Mayor Wilhelmina Harvey Mayor Pro Tern Shirley Freeman Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams yes yes yes yt:~ yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . - ~- BY:'-.U .t.~~~A". ...-. ~.. ~ -'. '\ MA YOR/CHAIRPERSON . , ' . :~' ," .: :"~ :_..;:;;:"-<..>,'-' ~_ c; '~". '"..'..... ,..r G~ERK PUTY CLERK BOCC Affordable Housing Page 2 of2 RESOLUTION # -99 Initials .IDRAFT I ORDINANCE # -1999 AN ORDINANCE APPROVING AMENDMENTS TO RESIDENTIAL ROGO'S AFFORDABLE HOUSING PROVISIONS OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN, INCLUDING PORTIONS OF POLICIES 101.2.4, 101.5.4 AND 601.1.11 WHICH ADD FLEXIBILITY TO THE RESIDENTIAL ROGO ALLOCATIONS AND PROVIDE POSITIVE POINT OPPORTUNITIES FOR MODEST HOUSING. WHEREAS, the Monroe County Year 2010 Comprehensive Plan (2010 Plan) requires Monroe County to implement a permit allocation system; and WHEREAS, the permit allocation system is comprised of a residential permit allocation system and a commercial permit allocation system; and WHEREAS, the residential permit allocation system has been enacted as the Residential Rate of Growth Ordinance (residential RaGa); and WHEREAS, residential RaGa has been effective since July 13, 1992; and WHEREAS, 2010 Plan policies related to residential ROGO will be modified by these amendments proposed herein; and WHEREAS, over five years of experience with residential ROGO has illuminated areas for improvement, clarification and increasing effectiveness; and WHEREAS, the 2010 Plan recognizes affordable housing as an important issue facing Monroe County and its residents; and WHEREAS, recent affordable housing initiatives, such as those proposed by the Monroe County Affordable Housing Joint Task Force, warrant changes to ROGO; and WHEREAS, currently Policy 101.2.4 of the 2010 Plan directs the County to allocate 20 percent of residential (non-transient) growth to affordable housing units as part of residential ROGO whereby any portion of the 20 percent allocation not used for affordable housing shall be allocated to general (market rate) housing; and WHEREAS, the intended balance of affordable and market rate housing detailed in Policy 101.2.4 2010 Plan has not been achieved; and Affordable Housing DRAFT Ordinance Page 1 of6 Exhibit I IDRAFTI WHEREAS, affordable housing initiatives are expected to increase the demand for affordable housing beyond the limits imposed by the 20% residential ROGO allocation awards set aside for affordable housing; and WHEREAS, the RaGO amendments detailed in this ordinance encourage the development of housing for middle and lower income residents; and WHEREAS, currently Goal 601 of the 2010 Plan directs the County to provide programs and policies that facilitate access by all residents to adequate and affordable housing; and WHEREAS, the RaGa amendments detailed in this ordinance will help create a diverse housing stock, that includes multi-family units and commercial apartments, that meet the needs of middle and lower income residents; and WHEREAS, the RaGa amendments detailed in this ordinance encourage development of homes built to meet the needs of residents from a range of lower and middle income categories, as well as a range of housing types; and WHEREAS, Objective 601.2 of the 2010 Plan requires Monroe County to encourage housing of various types, sizes and price ranges to meet the needs of residents; and WHEREAS, currently the extra points necessary to successfully compete in the market RaGO category involve substantial financial investments; and WHEREAS, Policy 601.1. 7 of the 2010 Plan requires Monroe County to ensure that homes stay affordable for at least 20 years; and WHEREAS, the ROGO amendments detailed in this ordinance represent the beginnings of an integrated and holistic affordable housing strategy; and WHEREAS, making homes with modest characteristics eligible for extra ROGO points, could increase the range of housing types in the County that meet the needs of middle and lower income residents for the long term; and WHEREAS, Objective 601.3 of the 2010 Plan requires Monroe County to eliminate sub-standard housing and enhance existing housing; and WHEREAS, amendments to residential RaGa contained in this ordinance are developed in manner consistent with the 20 I 0 Plan and all applicable requirements of Chapters 163 and 380 of the Florida Statutes, including the 'Principles For Guiding Development' . Affordable Housing DRAFT Ordinance Page 2 of6 Exhibit I IDRAFTI WHEREAS, the ROGO amendments detailed in this ordinance, particularly the Transfers of ROGO Exemptions (TREs), provide a mechanism to eliminate substandard housing and to enhance existing housing. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Policy 101.2.4 shall be amended and read as follows (the strike-through and underline format is used to indicate additions and deletions to this section): Policy 101.2.4: Affordable Housing Allocations Monroe County shall allocate at least 20 percent of residential (non-transient) growth to affordable housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGa year to RaGO year. Affordable housing eligible for this separate allocation must meet the criteria specified in Policy 601.1.7. The parcel proposed for development shall not be located in an acquisition area and shall not qualify for negative points according to the criteria specified under Habitat Protection and Threatened or Endangered Animal Species in Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. Section 2. Policy 101.5.4 shall be amended and read as follows (the strike-through and underline format is used to indicate additions and deletions to this section): (19) Modest Housing - Points shall be assigned to encourage the development of residential dwelling units with characteristics that make them relatively less expensive than similar residential dwelling units that lack these characteristics. Detached Residential Dwelling Unit Weighting Category Criteria minor positive An application which qualifies for infill RaGa points under Policy 101.5.4 and which proposes the development of a detached residential dwelling unit that utilizes a RaGa allocation and contains less than or equal to one thousand three hundred (1,300) square feet of habitable space. The parcel of land proposed for developing a detached residential dwelling unit shall not qualify for ne!?ative environmental points under Policy Affordable Housing DRAFT Ordinance Page 3 of6 Exhibit I DRAFT 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGO allocation is already required to contain less than or equal to one thousand three hundred (1,300) square feet of habitable space. minor positive Additional points shall be earned for proposing a detached modular residential dwelling unit. minor positive Additional points shall be earned for proposing a detached residential dwelling unit on a non-waterfront property. Attached Residential Dwellin~ Unit Weighting Category Criteria minor positive An application which qualifies for infill RaGa points under Policy 101.5.4 and which proposes the development of an attached dwelling unit that utilizes a ROGO allocation and contains less than or equal to one thousand three hundred (1,300) square feet of habitable space. The parcel of land proposed for developing a detached residential dwelling unit shall not qualify for negative environmental points under Policy 101.5.4; however, properties designated Residential High shall be exempted from this prohibition. An affordable unit is not eligible for these points since a residential dwelling unit that utilizes an affordable ROGa allocation is already required to contain less than or equal to one thousand three hundred (1,300) square feet of habitable space. Affordable Housing DRAFT Ordinance Page 4 of6 Exhibit I DRAFT minor positive Additional points shall be earned for proposing an attached modular residential dwelling unit. minor positive Additional points shall be earned for proposing an attached residential dwelling unit on a non-waterfront property. minor positive An application shall earn an additional point for proposing an attached residential dwelling unit that utilizes a residential transfer of RaGa exemption (TRE) on a one for one basis. Section 3. Policy 601.1.11 shall be amended and read as follows (the strike-through and underline format is used to indicate additions and deletions to this section): Policy 601.1.11: Affordable Housing Qualifying Criteria By the effective date of this Plan, Monroe County shall adopt Land Development Regulations which provide that at least twenty (20) percent of residential building permits will be reserved for single or multi-family affordable housing. (See Technical Document, Section 7.2.1 and Future Land Use Policy 101.2.4). Affordable housing eligible for this separate allocation shall meet the criteria established in the Land Development Regulations. Section 4. Section 5. Section 6. Section 7. Section 8. The existing Monroe County Year 2010 Comprehensive Plan shall be amended with the language as stated above under Sections 1 through 3. The provisions of this ordinance shall be included and incorporated in the Policy Document of the Monroe County Year 2010 Comprehensive Plan as an addition or amendment thereto. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. This ordinance shall be transmitted by the Planning Department to the state land planning agency for compliance pursuant to Chapter 163, Florida Statutes. Affordable Housing DRAFT Ordinance Page 5 of6 Exhibit I IDRAFTI Section 9. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but the effective date of this plan amendment shall be the date a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a meeting of the Board held on the _ day of , A.D., 1999. Mayor Wilhelmina Harvey Mayor Pro Tern Shirley Freeman Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MAYOR/CHAIRPERSON (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Affordable Housing DRAFT Ordinance Page 6 of6 Exhibit I