Item Q6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 17, 2009 Division: Growth Management
Bulk Item: Yes _ No x Department:
Staff Contact Person/Phone #: Susan Grimsley
Ext. #2524
AGENDA ITEM WORDING: Public hearing to consider an ordinance by the Monroe County Board
of County Commissioners creating Sections 9-2 and 9-3 of the Monroe County Code regarding
affordable housing permitting priority and the review of regulations affecting housing costs.
ITEM BACKGROUND: On May 20, 2009 the BOCC approved an amendment to the Local Housing
Assistance Plan (LHAP) at the direction of the Florida Housing Finance Corporation in order to be
compliant with the SHIP program. This amendment requires the inclusion of local housing incentive
strategies under F.S. Sec. 420.9076. This statute requires affordable housing projects to be expedited
to a greater degree than other projects and requires an on going process for review of local policies,
ordinances, regulations and plan provision that increase the cost of housing prior to their adoption. The
LHAP requires ordinances to be passed by December 31, 2009 to implement these strategies.
PREVIOUS RELEVANT BOCC ACTION:
January 28, 2009 - BOCC passed an amendment to Local Housing Assistance Plan (LHAP) to adopt
incentive strategies.
May 20, 2009 - BOCC adopted amendment to the LHAP at the direction of the Florida Housing
Finance Corporation Resolution 149-2009
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST:
COST TO COUNTY: n/a
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
APPROVED BY, County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised U09
BOCC June 17, 2009
1 ORDINANCE NO. -2009
i�
4 AN ORDINANCE OF THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS REQUIRING EXPEDITED
6 PERMITTING FOR AFFORDABLE HOUSING PURSUANT
7 TO F.S. SEC. 420.9071(16) AND F.S. SEC.420.9076(6);
8 REQUIRING A PROCESS FOR REVIEW OF
9 REGULATIONS THAT INCREASE THE COST OF
0 HOUSING AS REQUIRED BY F.S. 420.9071(16) AND F.S.
1 420.9076(6); PROVIDING FOR SEVERABILITY;
2 PROVIDING FOR THE REPEAL OF ALL ORDINANCES
3 INCONSISTENT HEREWITH; PROVIDING FOR
4 INCORPORATION INTO THE MONROE COUNTY CODE
5 OF ORDINANCES; AND PROVIDING AN EFFECTIVE
6 DATE.
ii
8 WHEREAS, Monroe County participates in the State Housing Initiatives Partnership Program
9 (SHIP) and is a recipient of funding for its affordable housing programs and activities; and
0
1 WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida
2 Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, required local
3 governments to develop a one to three-year local Housing Assistance Plan outlining how funds
4 will be used; and
5
6 WHEREAS, Monroe County, as a participant in SHIP, has developed and implements a Local
7 Housing Assistance Plan (LHAP) created to increase the availability of affordable housing to very
8 low, low and moderate income persons, essential services personnel, and those with special needs;
9 SHIP funds may be used for households up to 150% of the median income in areas of critical
0 concern; and
1
2 WHEREAS, the Board of County Commissioners adopted an amendment to its LHAP following
3 recommendations of the Affordable Housing Advisory Committee on January 28, 2009, pursuant
4 to FL 420.9076 and amended it at the direction of the Florida Housing Finance Corporation by
5 Resolution 149-2009 on May 20, 2009; and
6
7 WHEREAS, the amendment was required to include at a minimum, the local housing incentive
8 strategies required under F.S. Sec. 420.9071(16) which are as follows:
9
0 (16) "Local housing incentive strategies" means local regulatory reform or
1 incentive programs to encourage or facilitate affordable housing production,
2 which include at a minimum, assurance that permits as defined in s.
3 163.3164(7) and (8) for affordable housing projects are expedited to a greater
4 degree than other projects; an ongoing process for review of local policies,
5 ordinances, regulations, and plan provisions that increase the cost of housing
permitting priority and cost assessment 20090529 (2).doc528
BOCC June 17, 2009
1 prior to their adoption; and a schedule for implementing the incentive
2 strategies. and
3
4 WHEREAS, F.S. Sec. 163.3164 defines the permits listed above as:
5 7) "Development order" means any order granting, denying, or granting with
6 conditions an application for a development permit.
7 (8) "Development permit" includes any building permit, zoning permit,
8 subdivision approval, rezoning, certification, special exception, variance, or
9 any other official action of local government having the effect of permitting
0 the development of land. and
1 WHEREAS, the LHAP schedule for implementing ordinances to assure expedited permit
2 handling and the ongoing process for review is by December 31, 2009; and
4 WHEREAS, the Affordable Housing Advisory Committee unanimously approved the ordinance
5 and recommended that the BOCC pass the proposed ordinance at its meeting of May 13, 2009;
6
7 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
8 County, Florida:
9
0 Section 1. The following is added to Chapter 9 COMIVII]NITY DEVELOPMENT of the
1 Monroe County Code:
2
3 Section 9-2 Affordable Housing Permitting Priority
4 (a) Definitions:
5 "Development order" means any order granting, denying, or &fig with
6 conditions an application for a development permit.
7 "Development permit" includes any building_ permit, zoning permit,
8 subdivision approval, rezoning, certification, special exception, variance, or
9 any other official action of local government having the effect of permitting
0 the development of land.
1 (b) In regard to any development order or development permit as defined
2 above, affordable housing shall receive priority in processing and review of
3 apylications and permits.
4 Section 9-3. Review of Regulations Affecting Housing Costs
5 All ordinances,
policies, resolutions, regulations, and comprehensive
plan
6 vrovisions (Regulations)that
may affect the cost of housing including
those regarding
7 infrastructure, vermitting=unnact
fees, or development process and approvals
shall be
permitting priority and cost assessment 20090529 (2).doc528
BOCC June 17, 2009
1 reviewed by the Growth Management Director, the Planning Director, the Building
2 Official and the Finance or Budget Director. The assessment shall evaluate whether the
3 new regulation does, in fact, affect the cost of housing including affordable housing.
4 Such evaluation shall be addressed in the staff report to the Board of County
5 Commissioners.
6 Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
7 invalid, the remainder of this ordinance shall not be affected by such invalidity.
8 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
9 repealed to the extent of said conflict.
0
1 Section 4 The provisions of this ordinance shall be included and incorporated in the Code of
2 Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
3 appropriately renumbered to conform to the uniform numbering system of the Code.
4
5 Section 5. This ordinance shall take effect upon filing with the Department of State.
6
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
8 at a regular meeting held on the 17th day of June, 2009.
9
0 Mayor George Neugent
1 Mayor Pro tem Sylvia J. Murphy
2 Commissioner Kim Wigington
3 Commissioner Heather Carruthers
4 Commissioner Mario Di Gennaro
5
6
7
8 ATTEST: BOARD OF COUNTY COMMISSIONERS
9 DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
0
1 By: By:
2 Deputy Clerk Mayor George Neugent
3
MN Y AT RNEY
A TO F RM
Do
permitting priority and cost assessment 20090529 (2).doc528