Resolution 375-2012 RESOLUTION NO. 375 -2012
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- 420.9079, 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:
1. 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;
8. 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 12 day of December, 2012.
Mayor George Neugent Yes
Mayor Pro Tem,Henthpr Carruthers Yes
Commissioner nanny T,. Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY Z4 Y4
ayor George Neugent
(SEAL)
ATTEST: Amy Heavilin , CLERK
DEPUTY CLERK
MOP eE. OUN ATORNEY
AI PROVED A S T FORM
Date: —
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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
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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: Monroe 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 cost 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 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.
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.
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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
0. 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