Ordinance 95-32 ORDINANCE NUMBER 95- 3_.~2
AN EMERGENCY ORDINANCE AMENDING ORDINANCE
93-19 RELATING TO THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM; PROVIDING FOR a~
MODIFICATION OF PROVISIONS RELATING TO ~
DESIGNATION OF RESPONSIBILITY FOR ~m m --rl
-4
IMPLEMENTATION OF THE LOCAL HOUSING ~,
ASSISTANCE PROGRAM, PROVIDING FOR MODIFICATION
OF THE PROVISIONS RELATING TO THE ADOPTION OF
THE LOCAL HOUSING ASSISTANCE PLAN; PROVIDING
FOR THE REPEAL OF ORDINANCE 94-31, THE LOCAL
AFFORDABLE HOUSING IN~VE PLAN ORDINANCE;
PROVIDING FOR DECLARATION OF EMERGENCY;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, enacted
~Cotmly~No. 93-19on April 13, 1993, and amendment thereafter, establishing the
Collier County Housing Initiatives Partnership Program and local Housin8 Assistance Plan; and
WHEREAS, the Ord'mance was forwarded to the Florida Department of ~ommunity Affairs
WHEREAS, the William E. Sadowski Affordable Housing Act enacted on July 7, 1992,
Section 420.907, et seq., Florida Statues, ~er 91-37, Florida Administrative Code, as amended,
requires each County or eligible municipality participating in the State Housing Initiative
Partnership [SHIP] Program musl adopt an Affordable Housing Incentive Plan within twelve
months after the date of the adoption of the Ordinance eslablishing the local housing assistance
WHEREAS, the Depm'Imem ofCommunily Affaks has requested cerlain amendments to
lhe Housin8 Incenlh~e Plan as a condition to the Count~s receipt of SHIP ~znding; and
WHEREAS, irareed'rote enactment ofthls Ordinance is necessary to identi~ the person or
deparlment responsible for monitoring ordinances and regulation for their impact on the cost of
hous~n8 as required by the Housing Ir~tiative Program; and
WHEREAS, the County risks losing the SHIP f~nds if immediate enactment is not
completed.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COU'NTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE: AMENDMENT OF SECTION VII OF COLLIER COUNTY
ORDINANCE 93-19
Section VII is hereby amended to read as follows:
Words slruck through are deleted; words underlined zffe added.
SECTION VII. Designation or Responsibility For Implementation of The Local !lousing
Assinance Program.
The Affordable Housing Direclor is designated as the pcrson responsible for the
devdopment and implementation of the Housin8 Assistance Plan. Such person shall he
reqxmmlle for coordirmin8 with the Florida Housing F'mance Agency and facilitating the runcling
ofthe Sine ~ [neemire Loans (SAIL) and setting up advertisements and workshops to
advise potential home buyers of the existence and terms of'the Housing Assistance Plan. Such
person wig work with the Locai Housing Advisory Committee and other AfFordable housing
groups to monitcx the njccen of the Housin8 Assistance Plan and provide advice and suggestions
is to methods for .' .m~cyvin8 the effectiveness of the Housing Assistance Plan from year to year.
Such _oerson shall be _responm~!e for _oreo~inn an annual r_e~rt or the CountY's Afrordab,~,
Housin_n _Proiptm and ncco~mlllhrnems to be submitted to the Florida Housin_2 Finance ~;
November 15 ofem:h_venr. The total mnxxmt ~ for administrative expenses in connection with
the development and implementation or the Housing Assistance Plan, including any costs of
employee salaries and benefits, shall not exceed five (5%) percent or the total SHIP funding
amount in any given year, unleu such costs and expenses are increased to a maximum or ten
(I 0",~) percenl by Ccxue/Resolution purnn~ to Section 420.9075 (5), Florida Statutes and any
,znmimem mereto.
S~"TION TWO: AMENDMT,,NT O17 SECTION IX OF COLLIER COUNTY
ORDDIANCE 93-19
Section IX is hereby amended to read u to!lows:
SECTION IX. Local Housing Incentive Plan Adoption.
W'nhin r~y(90) days alter the dale of the receipt or the effordable housing incentive
reconunendations from the Conunittee and the applicable public hearing, the Board or County
Conm*bsioners shall adopt by eedifgamee resolution, the Local housing Incentive Plan. The Plan
d'mJI st a minimum consist or specific initiatives to encourage and iracililate Affordable housing,
and · schedule for implementation which '_m~____,,~__ ( 1 ) · schedule rot implcmentation of expedited
permit ~n8 for Affordable housing projects and (2) · process rot review or local policies,
ordinances, reg,~;~_ions and planned provisions that significantly impact the cost or housing, The
Board orCounty Comn'L6~ncrs shag, upon adoption orthe Local Housing Incentive Plan, send
· copy of the Plan to the Florida Housing Finance Agency by certified mail.
SECTION TBREE:: REI~T-,AI, OF ORDINANCE 94-31, LOCAL AFFORDABLE
!IOUSING INCENTIVE I~LAN ORDINANCE
Ordinance 94-3 ! is hereby repealed in its entirety.
Worc~ struck through are deleted; words underlined ate added.
SECTION FOUR: CONFLICr AND SEVERABILITY.
o
In the ~ this Ordinance conflict/with arty other ordinance of Collier County, the more
restrictive shall apply. If any phrase or penion of this Ordinance, or the particular application
~ ~ be held invalid or~ by any court, administrative agency or other
with apptoptiate~ the remaitlng section, subsectlon, sentences, clauses, or phrases and
$F_.CI'ION FIVE: INCLUSION IN THE COD~- OF IAWS AND ORDINANCES.
The provisions ofthis Onfmance shall become and be made a part of the Code of Laws and
Ottrmances of Collier County, Florida. ~ sections of the Ordinances may he tenumbered or
taletiered to acax~iish such, and the word "ordinance" may be changed to "section", "article",
Sf, CTION SiX: D!:CI~RATION OF EMI:RGENCY,
The Beard ofC.,eunty Commissieoen does hereby dectare that an emergency exists and that
inwnediate enactmen of this Ordinance is necessary, and by no less than four-fifths (4/:5) vote of
t~e ment~-ship of the Board does hereby waive notice of intent to consider this Ordinance.
Sf_J~TION SgVI'N: ~ DATE,
A certif~ copy of this ~ as enacted, s~all be filed by the Clerk of the Board with
lhe Department of State of the State of ~ as soon after enactment as is practicable by
~ the same wi~ the postal ~ of the government of the United States for special
tielivery by registered mail, postage prepaid, to the Florida Department of State.
This OnCenee shah become efl'ective as provided in Section 125. 6~3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
..' 'A~'EST:' "" '
/: DWIGHT E. B~,OCT,, C~etk BOAP, O OF COUNTY CO SZO
ATTHEWS, Chairman
Approved as to form and
legal mflicierty: 'r~ ord~,,once file~ with the
Sec~ory of S t~:$ Office
H~IDi~TXSl. i'rON' ' ,li ,~ei,,,d iF, i, ~ doy .
Assistant CtNnty Atlorne~ of ~_.Z~ '
Words struck through are deleted; words underlined are added.
RESOLUTION 95- 300
RESOLUTION APPROVING ~q{E LOCAL AFFORDABLE
HOUSING INCENTIVE PLAh AS REQUIRED BY THE
FLORIDA STATE HOUSING INITIATIVE PARTNERSHIP
[SHIP] PROGRAM; AL"FHORIZING NECESSARY
CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS; AU~q{ORIZING THE
SUBMISSION OF THE LOCAL AFFORDABLE HOUSING
INCENTIVE PLAN TO THE FLORIDA STATE HOUSING
FINANCE AG~{CY FOR REVIEW AND APPROVAL; AND
APPROVING THE EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County Florida enacted Collier County Ordinance No. 93-19 on
April 13, 1993, aN amended by Collier County Ordinance No.
93-33 on June 22, 1993, eatablishing the local County Housing
Assistance Plan; and
WHEREAS, the Ordinance waa forwarded to the Department
of Community Affairs for approval; and
WHEREAS, the Florida Department of Community Affairs has
approved Collier County Local Housing Assistance Plan approving
the County's participation in the State Housing Initiative
Partnership [SHIP] Program; and
WHEREAS, the William E. Sadowski Affordable Housing Act
enacted on July 7, 1992# Section 420.907, et. sag., Florida
Statutes, Chapter 91-37, Florida Administrative Code, as
amended, requires each County or eligible municipality
participatinq in the State Housing Initiative Partnership
[SHIP] Program must adopt an Affordable Housing Incentive Plan
within twelve months after the date of the adoption of the
Ordinance establishing the local housing assistance proqram;
and
WHEREAS, the local Affordable Housing Advisory Committee
must prepare an Affordable Housing Advisory Plan considering at
a minimum making recommendations on Affordable Housing
Incentives in the following areas:
(a) The Affordable Housing definition in the appointing
Resolution;
(b) The expedited processing of permits for affordable
housing projects;
- I -
(c} The modification of impact fee requirements,
including reduction or waiver of fees and
alternative methods of fee payment;
(d) The allowance of increased density levels;
(e) The reservation of infrastructure capacity for
housing for very low-income persons and low-income
persons;
(f) The transfer of development rights as a financing
mechanism for housing for very low-income persons
and low-income persons;
(g) The reduction of parking and setback requirements;
(h) The allowance of zero-lot line configurations;
(t) The modification of errset requirements;
The establishment of a process by which a local
government considers, before adoption, policies,
procedures, ordinances, regulations, or plan
provisions that have a significant impact on the
cost of housing;
(k) The preparation of a printed inventory of
locally-owned public lands suitable for affordable
housing; and
WHEREAS, the Affordable Housing Advisory Committee held
a public hearing on April 14, 1994 and adopted the final
Affordable Housing Incentive Plan for recommendation to the
Collier County Board of County Commissioners.
WHEREAS, the State Department of Community Affairs has
requested that Strategy flO of the Incentive Plan be modified;
and
NOW, THEREFORE, be it resolved by the Board of County
Commissioners of Collier County, Florida that:
1. The Board of County Commissioners accepts and
approves the Affordable Housing Incentive Plan.
- 2 -
2. The Chairman of the Board of County Commissioners
is authorized to execute the certification to Florida Housing
Finance Agency concerning the adoption of the Affordable
Housing Incentive Plan, on behalf of the County;
3. The Chairman of the Board of County Commissioners
is authorized to submit the Affordable Housing Incentive Plan,
a co~ or whioh ie attaohed hereto and made a part hereof, to
t~e State o~ Florida Housing Finance Agency for its review and
4. ~ts resolution repeals Resolution 94-418, a
Resolution approving the local Affordable Housing Incentive
Plan, and shall take effect immediately upon the effective date
of Ordinance 95-~.
~il Resolution adopted after motion, second and
majority vote favoring same.
DAT ~"
DWIG~ E. BROCK~'CL~K ~ARD OF COUNTY CO~ISSIONERS
...... COLLI~ C NTY,~
~ tthews, Chairman
Approv~ as to fore and
1~al sufficiency:
Assistant County Attorney
- 3 -
CERTIFICATION TO
FLORIDA HOUSING FINANCE AGENCY
Adoption of Incentive Plan for Collier County.
A11 advisory committee meetings and records were open to the
public.
Notice of the time, date, and place of the public hearing of the
advisory committee to adopt final affordable housing incentive
recommendations was published in the Naples Daily News, a
newspaper of general paid circulation in the county.
The notice contained a short and concise summary of the affordable
housing initiative. Recommendations to be considered by the
advisory committee could be obtained by interested persons.
The advisory committee recommendations were approved by an
affirmative vote of a majority of the advisory committee
membership taken at a public hearing.
The advisory committee made recommendations on at least the
following Incentives:
1. The affordable housing definition in the appointing
resolution.
2. The expedited 'processing of permits for affordable housing
projects.
3. The modification of impact fee requirements, including
reduction or waiver of fees and alternative methods of fee
payment.
4. The allowance of increased density levels.
5. The reservation of infrastructure capacity for housing for
very low-income persons and low-income persons.
6. The transfer of development rights as a financing mechanism
for housing for very low-income persons and low-income
persons.
7. The reduction of parking and setback requirements.
8. The allowance of parking and setback requirements.
9. The modification of street requirements.
Certification
Page 2
10. The establishment or a process by which a local government
considers, before adoption, policies, procedures, ordinances,
regulations, or plan provisions that have a significant
impact on the cost of housing.
ll. The preparation of a printed inventory or locally-owned
public lands suitable for affordable housing.
The incentive plan was adopted by the Board of County
Commissioners, Collier County, within 90 days after receipt of the
affordable housing incentive recommendations from the advisoz~/
committee.
The incentive plan was adopted within twelve months from the date
of adoption of the SHZP ordinance.
ATTESt.: ..... ..
DWZGI~ 'E. BROC](,'%CLERK BOARD OF COUNTY COH)flSSIO ERS
· . ~' COLLIER C UNTY, ~
..
Approved as to ~.orm and
legal sufficiency:
Hd~i~?; ' Asl~t6n
Assistant County Attorney
AFFORDABLE HOUSING ADVISORY COM](ITTEE
INCENTIVE PLAN RECOI(MENDATION WORKSHEET
Name of Local Zntityz Collier County
IX. Incentive Under Considerationz #1 The affordable housinq
definition in the aD~ointina resolution.
Current Statusl The local government currentIV does not have a
program for this incentive.
IV. Explanation of Existing Regulation Regarding This Incentive:
It J.s important to hsvea standard definition of what affordable
housing is in order to develop programs that will target very
low, low, and ~oderate income femilies. SHIP funds in Collier
County may be used to provide housing for very low and low income
femilies. At least 30 percent of the units assisted with SHIP
funds must be for vex7 low income families and an additional 70
percent must be for low income families. Under the present
definition, affordable housing is a unit with a monthly rent or
monthly mortgage persent, including property taxes and insurance,
not in excess of 30 percent of an amount which represents 50
percent {for very low income), 80 percent (for low income), or
120 percent (for moderate income) of the median adjusted gross
annual income for households in the county.
V. Explanation of advantages/Disadvantages of Changing or Adopting
this IntentirmA
~ The Affordable Housing provisions of the Impact Fee
Ordinance defines affordability in an identical manner as the
Housing element of the Comprehensive Plan, which is defined as
housing where the occupant is paying no more than 30 percent of
income for gross housing costs, including, for owner-occupied
units, principal, interest, taxes and insurance, and for
Tenter-OCcupied units, rent plus utilities. The use of 30
percent to define affordable is especially useful in maintaining
consistent7 with the private lending industry. The typical
und~rwriting limit used in the private sector for housing costs
is usually less than 30 percent of income. The implementation of
Collier County's down parsent, closing cost and impact fee waiver
end defertel programs are greatly facilitated by this definition
as the prograDs function as a public-private partnership.
Oisad~ Not Applicable.
VI. Provide an~xplanaticn as to the Negligible Effect or Benefit to
~ublic Nealth, Safety, or Welfare.
Benefits| The definition allows participants in the program to
retain a significant portion of their income for other expenses
such as medical treatment, child care, food and transportation.
Nealiaible Effects: None Known.
Page Two
Houeing Tncentive Plan #1
VII. !~using Cost Reduction Anticipated from Implementing this
le~mmendationz None.
VIII. Recommendation of Advisory C~mmittees Definition already in
effect.
ZZ. ReDmended Schedule for lmplementations Already in effect.
AFFORDABLE HOUSING ADVISORY COMMITTEE
INCENTIVE PLAN RECOMMENDATION WORKSHEET
1, Name of Local Zntit=l Collier County
Incentive Under Considerationx #2 The ExDedited Processin~ of
Permits for Affordable Housina Pro~ects
llI. Current statues The local government does have a program for
this incentive.
IV. Explanation of Existing Regulations Regarding This Incentivez
Collier County has adopted expedited processing procedures to
speed the fezone and approval and permitting of developments for
affordable housing in Ordinance No. 89-39 adopted July 18, 1989.
The affordable housing committee has held discussions with
representatives of each of the County development services
departments involving additional expedited processing
regulations.
V. Explanations of Advantages/Disadvantages of Changing or Adopting
of This Incentive.
~ Any reduction in time it takes to process a permit
for an affordable housing project, whether it is for a single
home or several hundred unite result in reduction in the selling
price of the home. Waiting for permits, resubmitting rejected
applications and coordinating with multiple regulatory agencies
is time consuming. This translates into dollars when considering
that during this period the land paVments and interest are
accruing and personnel must be paid to process the permits. Each
additional $1,000 in cost resulting from permitting delays will
add $2,768 to the cost of the home over the lifetime of the
mortgage. (Thirty Years A.P.R. 8 1/2%)
Disadvan~aces: If affordable housing projects are further
expedited in the permitting process, it is likely that
non-affordable developments may take longer to process.
Vl. Provide an B~tplanation to as to the Negligible Effect or Benefit
to the Public Health, Safety or Welfare.
Benefits: Any reduction in the cost of housing makes more housing
available to more people, especially those with lower incomes.
VII. Housing Cost Reduction Anticipated From Implementing This
Recommendation: $2,768 and up depending on how much additional
time can be reduced from the permitting processing time.
Page Two
Housing Incentive Plan #2
VIII. Rsoosmendation of Xdvisor7 Committee:
If applying for an affordable housing density bonus which does
not involve a fezone, go directly to the Board of County
Commissioners for review and approval without requiring public
hearing by the Collier County Planning Commission.
If fezone is required for affordable housing, set aside two slots
at every planning commission meeting for affordable housing
issues receiving priority treatment.
Oecrease the amount of processing fees for rezone applications.
Also, decrease fees for site development plans.
If rezoning ~ for affordable housing, amend section 2.2.20.2°4
of the Land Dsveloi~ment Code re~arding minimum area required; 10
acres - if affordable housing, no minimum area required.
Decrease landscaping requirements and parking requirements for
affordable housing projects.
Minimize stipulations for approval regarding roadways, traffic
lights and other developmental stipulations for affordable
housing developments.
Develop a model set of PUD plans that are sealed and approved to
provide to interested developers of affordable housing
developments.
X~. ~eoo~sended Schedule for lmpl~entat~on: Ongoing.
Date: ~-~/'~
AFFORDABLE HOUSZNG ADVISORY COM]~ITTEE
INCENTIV18 PLAN RECONMEIIDATION WORKSHEET
X. Name of Local Entityx Collier County
Incentive Under Considerations /3 M~dtfi~ations of Impact Fee
CUrrent etarust The local government does have a program for this
incentive.
IV. 2xplanation of Existing Regulations Regarding This Incentives
Impact fees for affordable housing are waived or deferred under
impact fee ordinances. All impact fees are waived for very low
income first time home buyers, 50% are waived and 50% are
deferred for low income first time home buyers, and moderate
income first time home buyers can receive a 25% deferral of their
impact fees. Impact fees for rental housing are deferred for
either a six or fifteen year period with various deferral options
depending on the percent of ver~ low income and low income
tenants. There are repayment requirements and deferrals must be
repaid either in six or fifteen years depending on the options
selected b~ the developer. Rental projects must be maintained as
affordable housing for a minimum of fifteen years under these
programs.
V. Zxplanation of Advantages/Disadvantages of Changing or Adopting
This Incentive.
a~ Currently, impact fees for a single family dwelling
unit are between $4,300 - $6,300 depending on where the unit is
located within the county. Multi-family impact fees are between
$2,300 - $4,300 per unit depending on the the location of the
unit within the County. These fees are a substantial proportion
of the cost of affordable dwelling units, and any reduction of
these fees increases the economic feasibility of providing
affordable housing.
VI. Provide an Explanation as to the Negligible Effect or Benefit to
Publio Health, Safety or Welfare.
Benefits: A reduction in impact fees will increase the
availability of newly constructed housing for very low, low, and
moderate income families.
Nealiai~le Effects: None Known.
VII. Housing Cost Reduction Anticipated From Implementing This
Recommendation=
Up to $6,300 per unit is realized from infrastructure impact fee
relief. Additional affordable housing could be built with
additional impact fee waivers and defertale.
,,,, m I
Page
Housing Incentive Plan #3
VIII. Racowuasndation of Xdviso~ Committee:
Collier County should increase the amount budgeted to reimburse
the impact fee ~unds ~or ~i~teen year defertale for a~fordable
housing pro~ecte.
Recommended Schedule ~cr Impleaentationx
Define ~unding source and budget funds for granting ~i~tssn year
impact foe deferrale for a~ordabla housing for very low and low
inc~e ~amilies, by December 1994.
sl~nedl~ Date:
AFFORDABLE HOUSING ADVISORY COMMITTEE
INCENTI~ PLeaS RECOMMENDATION WORKSHEET
I. Name of Local Entitys Collier County
lI. Incentive Under Considerations #4 The Allowance of Increased
Density Levels,
Ill. Current Status: The local government does have a program for this
incentive.
IV. Ixplanation of Existing Regulation Regarding This Incentives
Collier County has adopted an affordable housing density program
as a portion of the Land Development Code. This program provides
increased density for housing that is affordable to very low, low
and moderate income families. This program has bee~ used for the
development of both rental and ownership affordable housing with
increased density levels.
V. !~planations of Advantages/Disadvantages of Changing or Adopting
This Incentive.
~IXa/IJ~i~iiZ The affordable housing density bonus program does
not need to be amended. The incentives are very good and the
procedures are not difficult to use.
DJ~te~lj~tZ Not Applicable.
VI. Provide and Explanation as to the Negligible Effect or Benefit to
the Public Health, Safety or Welfare.
~ The affordable housing density program allows for
additional units which increases the supply of safe, decent
affordable housing for very low, low or moderate income families.
Continued marketing of the program should make it more widely
used in the future.
~~ alone.
VII. Housing Cost Reduction Anticipated From Implementing This
Recommendations
A value of approximately $4,000 - $8,000 per unit is saved as
calculated by the cash contribution factor of the affordable
housing density bonus program.
The market value of the affordable housing density bonus allows
reduced rents or reduced land costs for home ownership units.
Page Two
Housing Incentive Plan #4
VIII. Itscommendation of Jtffordable Housing Committee:
Continue to aggressively market the affordable density bonus
program.
IX. Itee~mmended Schedule for Xm~lementation$ Ongoing.
omm.:l, ttee
Ai~ORDABLE HOUSING ADVISORY COMXITTEE
INC~XTIVE PLAN RECOIOiI~NDATION WORKSHEET
I. N~e of ~cal Entity: Collier County
IX. Incentive Under Consideration: t~ Tb~ ~ervation of
Infrast~cture Capacity for Housina for Very Low and ~w Income
Fersons.
III. ~rrent Statues ~e local ~overnment does not have a program for
this incentive.
~laMtion ~ ~istin~ Xe~lation Rsqardin~ This Ineentives
Collier C~nty, as well as other Florida communities, is subject
to the provisions of the 6r~h Management Act (Florida Statutes,
~a~er 163, Part II) which re~ires that public facilities and
se~ices, i.e. "infrastructure" ~ in place "concurrent" with
develo~ent. ~e result of this requirement is that all new
develo~ent must ~ located where existing services are available
or where there are funds readily available to provide these
seaices. In Collier County, a final development order cannot be
issued for any development unless the following facilities are
available in a capacity sufficient to service the future
develo~ent.
· Roads
· Drainage
· Parks
, Water
· Sewer
· Solid Waste
~e Collier County Comprehensive Pla~, provides the desired level
of service for these facilities that must be present in order for
development to occur in any given area. For every development
order application (including single family permits), an analysis
Is made as to w~ether these facilities are available for the new
development. ~e availability of these services, both ~ow and in
the future, is dependent on the Capital Improvements Pr~ram,
which Is a funding plan based upon anticipated revenues and the
estimated costs to provide the services at the desired level of
service.
~e types of infrastructure that are of primary concern for
affordable housing is that of potable water and sanitary sewer.
~ese forms of infrastructure are provide~ by government-owned
and private utilities. The capacity of these utilities is
closely monitored by the county through the issuance of
development orders.
Page Two
Housing Incentive Plan #5
Infrastructure is provided upon demand through density levels.
It is the connection fees that is a major cost to any type of
development. Due to bond convenants, it is not possible to waive
or discount connection fees to any type of development, such as
affordable housing. It would be possible to consider amending
existing bond convenants, or to provide that future bond
convenants allow for a deferred connection payment or a
discounted connection fee for affordable housing projects. In a
deferred situation, the developer would be required to pay the
fees at the time of certificate of occupancy rather that plat
approval for affordable housing.
V. Ixplanation of ~dvantaqes/Dissdvantaqes of Changing or Adopting
this Znoentive.
~: A deferral or reduction in the payment for
infrastructure connection would result in varied savings
depending on the time of deferral and construction permitting.
Disadvantaoes: There would be a minimal impact on the
capitalization of infrastructure project funding.
VI. Provide an Explanation as to the Negligible Effect or Benefit to
Public Health, Safety, or Welfare.
~ Any cost saving in the provision of affordable housing
should result in a reduction of the sale price of homes, which
would benefit very low, low and moderate income families.
Nealiaible EffeCts: None known.
VII. Housing Cost Reduction Anticipated from Implementing this
Reoo~mandationx Variable depending on time of deferral or
discount amount.
VIII. Recommendation of Advisory Conunitteez
1. Cortsider amending existing bond convenants to allow for
deferrole and dl~tcounts in the payment of sewer and water
utility connection fees.
2. Consider allowing for deferrals and discounts for affordable
housing projects in future bond convenants and for
infrastructure connection fees that are not governed by bond
convenants (if applicable).
IX. Recommended Bchedule for Implementation:
Consider legal implications of amending existing bond convenants
by December 1994.
eignedz~ Datex ~"'~' F~//
teei
~FORDABLE HOUSING ADVISORY COM/~ITTEE
INC~N~IV~ PIJ~N RECO~NDATION WORESHEET
I. Rue of ~cal Entity: Collier County
Incentive Under Considerationz t6 Transfer of develqDmen~ rights
· s a financin~ mechanism for hodsine for very low income and low
inc~e ~rsons.
~rent Statues ~e local government ~rrently does not have a
prOram for this incentive.
~la~tion of ~isti2q Radiation Regarding This Incentivex
None.
V. ~la~tion of ~vantages/Dissdvantages of Changing or Adopting
this Insshrives
~ ~e Transfer of Development Rights ("TDR") concept is
~sed on the premise that development rights may be separated
fr~ the total "~ndle" of pro~rty ownership rights of a parcel
and traded within the limits of the governmental Jurisdiction.
~e environmentally-sensitive, or other public interest area,
fr~ where the development rights may ~ severed and sold, is
called the "sending zone". ~e associated area where property
~ers may purchase the separated rights and use them to increase
density on their land is the "receiving zone". The parcel owners
in the sending area receive monetary value for the rights sold
and their parcels are restricted to commercial, or agricultural
use in ~etuity.
Specifically, the requirement to provide funds for affordable
housing could be imposed upon the sender, or receiver of TDR, or
~th. The magnitude of the contribution could either be a fixed
amount per TDR unit, or a sliding scale which would manifest the
concept of a volume discount. In many ways, =his mechanism would
~ a~al~ous to the linkage concept utilized to generate
affordable housing funds from the developers of commercial
projects.
~. Provide an ~lanation as to the Negligible Effect or Benefit to
~1i~ Health, Safety, or Welfare.
None.
VII. Rousing Cost Reduction Anticipated From Implementing This
Reconesdations Variable depending on density invoicing allowed.
Page Two
Affordable Housing Incentive #6
For example, let us assume that the Affordable Housing
Contribution ("AHC") would be a flat fee per TDR unit.
Consequently, anyone desiring to increase the density on a
particular parcel would have to pay:
1. the owner of the sending property whatever compensation he,
or she deemed appropriate; and
2. an AHC to Collier County in the amount equal to the per unit
fee times the number of additional TDR units actually
approved on the receiving property.
In practical sense, such an approach would likely lead to
transfers occurring primarily from the eastern portion of Collier
County to the coastal areas. It would, therefore, seem logical
that some limit would be required on the TDR, either on the basis
of:
1. the establishment of a maximum number of development rights,
specifically equal to or greater than, that which could be
transferred to any particular property; or
2. a limit on the TDR to certain geographic areas within ten
(10) miles; and/or
3. an annual limit for all of Collier County.
VIII. Reomendation of Advisory Committees
The TDR concept is Just one more planning tool. As such, it could
be very effective in protecting open space, agricultural lands
and/or environmentally sensitive properties. However, without
proper controls, this tool could create an imbalance of
development in the coastal areas of Collier County. We believe
that a well thought out TDR ordinance could serve the dual
purpose of saving sensitive development parcels, while also
serving as a source of funding for affordable housing.
Recommended Schedule for Zmplementation~
Consider developing program by December 1994.
AFFORDABLE HOUSING ADVISORY COMMITTEE
INCENTIVE PLAN RECOMMENDATION WORKSHEET
I. Name of Local Entity: Collier County
Incentive Under Considerations #7 Reduction of parking and
setback reauirements,
Current etaruss The local government currently does have a
program for this incentive.
IV. Explanation of ~xisting Regulation Regarding This Incentives
Collier County has reduced parking and setback on low and
affordable housing on an individual project basis.
V. Explanation of lUlvantages/Disadvantages of Changing or Adopting
this Incentives
~ Not all projects are reviewed as Planned
Developments. It is reconnnended that the Land Development Code
be amended to allow for administrative approval of parking and
setback relief for all affordable housing projects.
~ There are some affordable housing projects that
do not fit the mold of most developments - such as elderly
housing. Projects for the elderly must either provide excessive
amounts of parking or undergo a variance procedure that may or
may not allow a reduction.
Building the parking or undergoing the variance procedure adds
bath time and money to the cost of the project. These costs must
be borne by the development which must then increase the cost of
the units to the recipients.
VI. Provide an Explanation as to the Negligible Effect or Benefit to
Public Health, eareta, or Welfare.
~ The relief of parking and setback requirements can
reduce costs of housing and therefore increase the number of
available units and lower the final cost of the housing to the
occupant.
Nealialble Effects: None Known.
VII. Housing Cost Reduction Anticipated From Implementing This
Recommendations
This depends on the. size of the project.
Page Two
Affordable Housing Incentive 17
VIZI, Recmendation of Advisory Committee:
After reviewing the handout regarding the reduction of parking
and setbacks requirements and the Collier County Land Development
Code, we su~nnit the following recommendations:
1. Allow for elimination of stripping of general parking areas
over five spaces or skip spacing (one line for every two
spaces).
2. Increase compact car spaces from 25% to 35%. More and more
people are driving smaller autos. The auto industr7 is
gearing itself for additional compact production, Parking
should be reflective of this change.
3. Allow for "Multiple Parking Areas" or common lots.
4. Promote the shared parking concept where applicable.
5. Maintain 1.5 parking spaces per unit for multi-family.
6. Allow secondaE7 parking areas to be constructed of a limerock
bess and surfaced with mulch. This acts as a porous base
that assists in drainage and is less costly/expensive to
install and maintain.
7. Allow administrative parking variances especially for Senior
Establishments.
8. Promote the use of one way streets to reduce paving areas.
9. Reduce right of way widths.
10. Rear and side setbacks of the project should be reduced in
cases where the project abuts a similar project.
11. Encourage parallel parking in areas along roadways.
XI. Recommended Schedule Zor Implementationz
Cha~rper)s~n, AdviSory Committee
AFFORDABLE HOUSING ADVIBORY COMMITTEE
INCENTIVE PLaN RECOMMeNDaTION WORKSHEET
I. Name of Local E~tity: Collier County
lI. Incentive Under Consideration~ #8 Allowance O[ Zero-Lot Lin~
III. Current 2tatusx The local government does have a program for
this incentive.
TV. Zxplanation of ~xisting Regulation Regarding This Incentivex
Collier County Land Development Code provides for zero-lot line
configurations. For projects that do not qualify, there is a
variance procedure available.
V. ~rplanation of Advantages/Disadvantages of Changing or adopting
this Incentive.
A~~ Zero lot line configurations are a creative way to
increase the spatial advantages of property so as to allow for
better on-site amenities as well as reduce development costs.
~ Care must be taken to avoid overcrowding of units
of poorly planned site layouts.
VX. Provide an Explanation as to the Negligible Effect or Benefit to
Public Bealth, Safety, or Welfare.
~ Zero-lot line configurations can reduce costs of
housing and therefore increase the number of the available units
and lower the final cost of the housing to the occupant.
Nealiaible..Effects: None known.
VII. Rousing Cost Reduction Anticipated from Implementing this
Recommendationx Depends on size of project.
VIII. Recommendation of Advisory Committee.
Amend the Zoning Ordinance to allow the administrative approval
of zero-lot line configurations for affordable housing projects.
Recommended Schedule for Implementaticnz
Consider amendments by December of 1994.
ahat%p~rson, advisory Committee
3~vFORD3BLE ROUSXSG 3DVISOR~ COMMITTEE
I~e of ~al Znti~z Collier County
Incentive Under Consideration~ ~9 Modification of Stree=
Set~cks and Sid~alk Re~irements
~rent S~tusz ~e local government does mot have a prOram for
this incentive.
~18nation of ~istinq Re~lation Regarding This Incentivez
Collier C~nty ~nd Developmen~ Code provides for the
m~ification of street set~cks in general IcE projects ~ing
r~i~ed in the Planned Develo~ent process. Planned Development
applications audit a schedule of deviations from the Zoning
Ordinance, that may include setback requirements, as part of the
application proses. Section 2.7.5.6 of the ~nd Development C~e
contains criteria for the approval of the deviations.
V. ~la~tion of Advantages/Disadvantages of Changing or Adopting
this Incentive.
~ Not all projects are reviewed as Planned
~velo~ents. It is recommended that the ordinance ~ amended =o
a11~ for administrative approval of the m~ification of street
set~ck and sidewalk retirements for certified affordable
housing projects.
~ Care must ~ taken to retain quality in
develo~ents as well as public safety.
Proviae an ~lanation as to the Negligible Effect or Benefit to
~1i~ ~ealth, SaZe~T, or Welfare.
~ ~e m~ification of street setback and sidewalk
retirements can reduce costs of housing add therefore increase
tha humor of available units and lower the final cost of the
housing to the occupant.
Nea]iaib~ None Known.
VII. Housing Cost Reduction Anticipated from Implementing this
Recome~dation[ De~nds on size of the project.
~XI. Reco~endation of advisory Co~itteez
Consider a mechanism where affordable housing projects that are
not Planned Developments may obtain 'administrative relief for
street setback and sidewalk requirements provided certain
criteria are met.
IX. Reco~ended Schedule for Implementation:
Consider zoning amendment by December of 1994.
Page Tvo
Housing Incentive Program #10
VI. l~ovide an ~xplanation as to the Negligible Effect or Benefit to
Public Health, Safety, of Welfare.
None.
VIZ. Housing Cost Reduction 3tnticipated from Implementing this
Recommendations Varies depending on how regulations can be
reduced by this process.
VIII. Reemendation of Xdvisor~ Commitreel
The current ESFI8 should be amended as follows:
1. What hey or changed conditions create the need for
implementing this regulation at this time?
2. Does the proposed regulation duplicate, parallel or expand
upon any existing local, regional, state or federal
regulation?
3. Does the proposed regulation significantly affect the cost of
housing.
4. The Housing and Urban lmDrovement Department will be
resoonsible for receivina. before adoption. Doltcite,
procedures. ordinances. reaulations, or olan provisions to
determine if there may be a sianificant imoact on the cost of
~nd submit findines to the Board of county
IX. Recommended Schedule for lmplsmentationx
Chaizlfsrson, Xdvis[ry Committee
AFFORDABLE HOUSING ADVISORY CO~MITTEE
IHCEITTIVB PLAN RECOMMENDATION WORKSHEET
Name of Local EntitT: Collier County
Incentive Under Consideration~ #11 PreD~ration of a Printed
Inventory of LocalIv Owned Public Lands Suitable for Affordable
III. Current statusx The local Government currently does not have a
program for this incentive.
rv. ~xplanation of Existing Regulation Regarding This Inoentivex
None,
V. ~zplanation of Advantages/Disadvantages of Changing or adopting
this Inoentivex
~ An inventory of parcels suitable for affordable
housing will be classified, maintained and managed. It will
return non-revenue generating and non-tax producing properties to
a profitable status. It will also stimulate the economy with the
production of Jobs and help assist the County in providing
affordable housing.
~ If a land bank is to rely on tax delinquent
properties, the maximum processing time can take two - five
years. Cost in conveying property coupled with quiet title
action must be funded. Tax deed sales are unable to give
interested parties complete control over the conveyance process
due to open bidding at tax sales.
VI. Provide an Explanation as to the Negligible Effect or Benefit to
Public Health, Safety, or welfare.
Dallifa/2L Adequate sites for affordable housing will increase
the supply of housing available for very low, low, and moderate
income families.
Nealioible ElfocTal: Not Known.
VII. Bousinq Cost Reduction Anticipated from Implementing this
Reoommendationx $3,000 - $10,000 per unit.
Land costs reductions from low cost acquisition or donation.
VIII. Recommendation of Advisory Committeez
1. Start a land bank program for suitable affordable housing
properties.
2. Provide preapproved house plans and other permits to home
owners and eingle family builders who will produce housing
affordable for very low, low or moderate home buyers.
Page
Rousing Incentive Program
Develop land banks suitable for a~fordabZe housing by December
1994.
ligned:~ Date:~
STATe OF FLORZDA )
COUNTY OF COLLIZR
l, EN4IgHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, ~}orid^, ~o
hereby certify that the foregoing Is a true copy of:
Ordinance No. 95-32
which was adopted by the Board of County Commissioners on
the 25th day of April, 1995, via Emergency Procedures.
WITNESS my hand and the official s,al of the Board
County Commissioners of Collier County, Florida· this 26th
day of April, 1995.
DWIGHT g. BROCK
Clerk of Courts ~nd Cler~
gx-officto to Board nf
County Commissioners
By: /s/Naureen Kenyon · /
Deputy Clerk '
/