Resolution 374-1994
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RESOLUTION NO. 374-199495 JAN 17 P4 :53
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS DIRECTING STAFF TO.;\\~PREPARE
THE APPLICABLE ADMINISTRATIVE AND CIP'brAcy ;
CHANGES REQUIRED TO PERMIT THE ~~et:Ss~t( ~ i I
UTILIZATION OF THE COUNTY'S DWELLING UNIT
ALLOCATION AFFORDABLE RESIDENTIAL PERMIT
ALLOCATION SYSTEM FOR THE VERY LOW TO
MODERATE INCOME RESIDENTS OF MONROE COUNTY.
WHEREAS, the Board of County Commissioners (BOCC) in accor-
dance with Section 163.01 F. S. , executed a Governmental
Interlocal Agreement, dated April 14, 1993 approved by Resolution
162-1993 appoints the Monroe County Housing Authority (MCHA) to
act as the County's Agent in providing professional services in
securing affordable housing programs for the County and its very
low to moderate income residentsi and
WHEREAS, the Monroe County BOCC approved Ordinance 012-1993 -
State Housing Initiatives Partnership (SHIP) on March 24, 1993 i
and
WHEREAS, the Monroe County BOCC approved the County's SHIP
three-year plan for the period 1992 thru 1995 to insure receipt
of $250,000 annually for Affordable Housing which includes a
first time homeownership component of $175,000 annuallYi and
WHEREAS, the Monroe County BOCC approved application
competitive HOME Funds by Resolution 255-1993 dated July 6,
to the State of Florida Housing Finance AgencYi
for
1993
WHEREAS, the Monroe County BOCC approved execution of a HOME
Contract with the Florida Housing Finance Agency in an amount of
$1,499,750 for first time homeownership in accordance with Resolu-
tion 183-1994 dated July 12, 1994i and
WHEREAS, the Monroe County BOCC approved application for HOME
Disaster Relief First Time Homeownership funds from the Florida
Housing Finance Agency in the amount of $1,057,000 in accordance
with Resolution 088-1994 dated March 23, 1994i and
WHEREAS, the Florida Housing Finance Agency effective October
28, 1994 ranked and approved the Monroe County HOME Disaster
Relief Grant Application for fundingi and
WHEREAS, the Florida Housing Finance Agency effective August
15, 1994 has made available $466,000 in HAL First Time Homeowner-
ship down payment and closing cost assistancei and
WHEREAS, the Monroe County BOCC sitting as the Monroe County
Land Authority on May 17, 1994 in accordance with Resolution
1-1994 approved the payment of an amount not to exceed $150,000
for Single Family Mortgage Revenue Bond first mortgage financing
for first time homeownership; and
WHEREAS, a commitment fee (repayable at closing) was paid in
an amount of $90,000 to secure $9,000,000 in Single Family Mort-
gage Revenue Bond First Mortgage financing at 6.8%, 30 year fixed
to leverage the County's SHIP and HOME first time homeownership
programs, available August 15, 1994; and
WHEREAS, MCHA in conjunction with the County's three Boards
of Realtors compiled a one-year housing sales analysis for Monroe
County to substantiate the requested increase of the HUD 203-b
Mortgage limits and Florida Housing Finance Agency sales price
limits from $83,160 for existing homes to $124,875 and $95,400
for new homes to $135,714, approved by HUD on February 4, 1994
and the State of Florida Housing Finance Agency on May 26, 1994;
and
WHEREAS, the Monroe County BOCC adopted Ordinance 016-1992
amending the Land Development Regulations of Monroe County which
regulated the rate at which the County will issue building per-
mits for residential dwelling units, effective June 23, 1992; and
WHEREAS, the Dwelling Unit Allocation Text Amendment provided
for fifty-two Affordable Residential Units annually to be made
available quarterly in three geographic areas; and
WHEREAS, the Monroe County Planning Department September 1993
Annual Review of the Dwelling Unit Allocation Ordinance reported
eleven Affordable Residential Unit awards issued for the report-
ing period, 1992-93; and
WHEREAS, forty-one Affordable Residential Units unapplied for
were transferred to market rate for 1993-94; and
WHEREAS, the Monroe County Planning Department has not com-
pleted the 1994 Annual Review of the Dwelling Unit allocation and
reports twelve Affordable Residential Unit awards issued for the
reporting period, 1993-94; and
WHEREAS, forty Affordable Residential Units unapplied for
will be transferred to market rate for 1994-95; and
WHEREAS, the Monroe County year 2010 Comprehensive Plan Tech-
nical Document, Housing Element, page 7-1, Table 7-1, indicates
that over 33% of the County's housing stock is Mobile Homes/
Trailers/Other; and
WHEREAS, the Monroe County First Time Homeownership Programs
precludes the acquisition of Mobile Homes; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Tech-
nical Document, Housing Element, page 7-4, indicates the median
value of specified owner occupied units in Monroe County accord-
ing to the 1990 census was $151,200; and
WHEREAS, the second home purchaser from out of County and/or
out of State is competing directly with the County's First Time
Homeownership Program participants for available limited housing
product in this price range; and
WHEREAS, the MCHA, Special Programs Office's experience with
the SHIP first time homeownership program component is that at
least 80% of the homes available for purchase for under $100,000
will require a $4,000 to $7,000 investment in rehabilitation to
cure substandard housing conditions not in compliance with Feder-
al HUD Housing Quality Standards Inspection guidelines; and
WHEREAS, the County's first time homeownership program will
assist in reducing the County's substandard housing (excluding
mobile homes) and requires cess pit replacement with septic sys-
tem; and
WHEREAS, there is presently a severe shortage of safe, sani-
tary and decent housing for program participants to purchase for
under $100,000; and
WHEREAS, the Monroe County Growth Management Division Afford-
able Housing Program Design and County Code is inconsistent with
existing State and Federal Rental Affordable Housing, First Time
Homeownership and residential first mortgage lending programs; and
WHEREAS, the present Monroe County Affordable Housing Land
Development Regulations appears to have been designed for rental
affordable housing programs since First Time Homeownership Pro-
grams were not available to Monroe County residents at the time
the Land Development Regulations were written; and
WHEREAS, the Monroe County Growth Management Affordable Hous-
ing Program Design requires a very low to moderate income resi-
dent of the County to be the owner of a parcel of land and expend
significant additional funds for HRS septic approval, survey,
plans and specifications, percolation tests, engineering, environ-
mental studies, county fees, etc., prior to applying for a permit
with no assurances that they will receive an affordable housing
allocation award; and
WHEREAS, the investment required from the County's very low
to moderate residents who are the least able to afford it and for
whom the Affordable Housing allocation was designed could range
from a low of $6,000 to a high of $20,000; and
WHEREAS, the Monroe County Growth Management Affordable Hous-
ing Deed Restriction precludes the recipients of affordable hous-
ing dwelling allocation awards from obtaining conventional first
mortgage financing; and
WHEREAS, the Monroe County Growth Management Division Afford-
able Housing Program design and Deed Restriction limits the house-
holds' income from ever exceeding 120% of the median for the 20
year affordability period and provides no remedy other than to
move out of their house if they are determined to have exceeded
the 120% of the median income limit; and
WHEREAS, MCHA has successfully implemented numerous goals,
objectives, and/or policies as detailed in the Monroe County Year
2010 Comprehensive Plan Policy Document, 2.6 Housing, by expand-
ing the County's participation in Federal and State Housing Assis-
tance Programs (Policy 601.1.5), prepared the state's SHIP Ordi-
nance and Plan (Policy 601.1.10), adopted programs and policies
for public-private partnerships (Policy 601.2.1), obtained Commu-
nity Development Block Grant Funds in the amount of $650,000 and
Elderly Rehabilitation Grant in the amount of $262,000 to elimi-
nate substandard housing (Objective 601.3), continued to make
available HUD rental rehabilitation programs (Policy 601.3.3),
and assisted the Monroe County Land Authority in defining their
role in Affordable Housing; and
WHEREAS, MCHA is precluded from achieving the County's goal
601 lito facilitate access by all current and future residents
to adequate and affordable housing that is safe, decent, and
structurally sound II by the inability of first time homeownership
program participants to acquire affordable dwelling unit awards,
because of the investment required, availability of first mort-
gage financing and a reasonable expectation that they can pursue
enhanced compensation levels for themselves and their families
without the fear of required economic servitude or loss of their
homes by County regulations;
NOW, THEREFORE, BE IT RESOLVED THAT THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS hereby directs staff to prepare the appli-
cable administrative and policy changes required to permit and
facilitate the successful utilization of the County's Dwelling
Unit Allocation for Affordable Residential Permits by the very
low to moderate income residents of Monroe County as follows:
1) On an interim basis, the County will subordinate its Af-
fordable Housing Restrictive Covenants to an Institutional First
Mortgage Lender for First Time Ownership; and
2) Directs Growth Management Staff to develop with the Monroe
County Housing Authority the permanent basis for changes to the
Land Development Regulation Text to facilitate utilization of
Affordable Housing Rate of Growth award allocations; and
NOW, THEREFORE BE IT FURTHER RSOLVED THAT THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS hereby recognizes the unique impor-
tance of providing affordable housing opportunities to the very
low to moderate income residents of the County and hereby directs
Growth Management staff to treat the Affordable Housing Land
Development Text Changes as a single issue process requiring
immediate attention and action by Monroe County and the Florida
Department of Community Affairs.
This resolution shall become effective immediately upon adoption
by the Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 22ND day of November, A. D., 1994.
Mayor Freeman YES
Mayor Pro Tern London YES
Commissioner Douglass YES
Commissioner Harvey YES
Commissioner Reich YES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cSL~/~~4~
MAYOR/C~RMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY: /P~~cf"'~)
DEP Y C RK