Ordinance 94-31 ORDINANCE NUMBER 94-31
AN EMERGENCY ORDINANCE PURSUANT TO THE STATE
HOUSING INITIATIVE PARTNERSHIP [SHIP] PROGRAM;
PROVIDING FOR TITLE AND CITATION, PROVIDING ~
FOR CREATION AND ADOPTION OF THE LOCAL ~ '-
~FORDABLE HOUSING INCENTIVE PLA AS REQUIRED ~
~ ~ ATE.
~0Z91~'0'~ the B rd of County Commissioners of Collier County,
Florida, enacted Collier County Ordinance No. 93-19 on April 13,
1993, as amended by Collier County Ordinance No. 93-33 on June
22, 1993, establishing the Collier County Housing Initiative
Partnership Program; and
WHEREAS, the Ordinances were forwarded to the Florida
Department of Community Affairs for approval; and
WHEREAS, the Department of Community Affairs has approved the
Collier County Local Housing Assistance Plan and 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 4.20.907, mr. Beg., Florida
Statutes, Chapter 91-37, Florida Administrative Code, as amended,
requires each County or eligible municipality participating in
the State Housing Initiative Partnership [SHIP] Program to adopt
an Affordable Housing Incentive Plan within twelve months after
the date of the adoption of the Ordinance establishing the Local
Housing Assistance Program; and
WHEREAS, the Affordable Housing AdVisory Committee held a
public hearing on April 14, 1994 and adopted the final Affordable
Housing Incentivo Plan for recommendation to the Collier County
Board of County Commissioners; and
WHEREAS, immediate enactment of this Ordinance pursuant to
Section 125.66(3), Florida Statutes, is necessary to meet the
deadline of June 21, 1994 set by the Department of Community
Affairs; and
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WHEREAS, the County risks losing the SHIP funds if immediate
enactment is not completed.
NOW, THEREFORE, be it ordained by the Board of County
Commissioners of Collier County, Florida that:
SECTION I: Title and Citation
This Ordinance shall be known and cited as the "Collier
County SHIp Affordable Mousing Incentive Plan".
SECTION. II: Adoption of Housing Incentive Plan
The Mousing Incentive Plan is hereby created and adopted. A
copy of said plan/is annexed to this Ordinance and adopted by
reference and made a part of this Ordinance. All recommendations
~rovided in the Housing Inoentive Plan are subject to adoption by
the Board of County Commissioners by Resolution or Ordinance
after appropriate public hearings, prior to implementation.
SECTION III: Conflict and Severability
In the event this Ordinance conflicts with any other
ordinance of Collier County, the more restrictive shall apply.
if 'any phrase or portion of this Ordinance, or the particular
application thereof,. shall be held invalid or unconstitutional by
any court, administrative agency or other body with appropriate
~url~d.iction, the remaining section, subsection, sentences,
~lauses, or phrases and their application shall not be affected
thereby.
SECTION IV: Declaration of Emergency
· The Board of County Commissioners does hereby declare that an
emergency exists and that immediate enactment of this Ordinance
is necessary, and the Board of County Commissioners, by no less
than four-fifths (4/Sths) vote of the membership of the Board of
County Commissioners of Collier county, Florida, does hereby
waive notice of intent to consider the Ordinance.
SECTION V: Effective Date
A certified copy of this Ordinance, ae enacted, shall be
filed by the Clerk of the Board of County Commissioners of
Collier County, Florida, with the Department of State of the
- 2 -
~'f!.., State of Florida, as soon after enactment as is practicable by
depositing the same with the postal authorities of the government
of 'the United States for special delivery by registered mail,
poetage prepaid, to the Florida Department of State.
..' This Ordinance shall become effective as provided in Section
125.66(3), Florida, Statutes.
PXSSED AND D~Y ~~ by the Bo'ard o~ County Comissioners
of Collier County, Florida ~is 14th day
1994.
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ID~
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SK eto~ o tate's Of fie
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AFFORDABLE HOUSIN3 ADVISORY COMMITTEE
INCENTIVE PLAN RECOMMENDATION WORKSHEET
X. Name of Local Entity~ Collier County
II. Incentive Under Consideration= #1 The affordable housinq
definition in the aDDointina resolutioG,
III. Current Statusz The local government currently does not have a
program for this incentive.
IV. Explanation of Existing Regulation Regarding This Incentive=
It is important 6o have a standard definition of what affordable
housing is in order to develop programs t~at will target very
low, low, and moderate income families. SHIP funds in Collier
County may be used to provide housing for very low and low income
families. At least 30 percent of the units assisted with SHIP
funds must be for very 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 pa~nnent, including property taxes and insurance,
not in excess of 30 percent of an amount which represents 50
percent (for very low income'), S0 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 Incentivex
~ 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
rentor-occupied units, rent plus utilities. The use of 30
percent to define affordable is especially useful in maintaining
consistency with the private lending industry. The typical
underwriting limit used in the private sector for housing costs
ie usually less than 30 percent of income. The implementation of
Collier County's down payment, closing cost and impact fee waiver
and deferral programs are greatly facilitated by this definition
as the programs function as a public-private partnership.
Disadvanta~es: Not Applicable.
Vl. Provide an Explanation as to the Negligible Zffec~ or Benefit to
Public Health, Safety, or Welfare.
~efits: The definition allows participants in the program to
retain a significant portion of their income for other expenses
such as medical treatment, child care, rood and transportation.
Neali~L~_~/9~: None Known.
oo, 066 250
i Page Two
Housing Incentive Plan #1
VII. Eousing Cost- Reduction Anticipated from Implementing this
Recommendationx None·
VIII. Recommendation of Advisory Committees Definition already in
effect.
IX. Recommended Schedule for Implementations Already in effect.
Chair~rson, Advisory Committee '
AFFORDABLE HOUSING ADVISORY COMMITTEE
INCENTIVE PLAN RECOMMENDATION WORKSHEET
I. Name of Local Entity~ Collier County
Incentive Under Considerattonx t2 The Exoedited ProcessiDa
Permits for Affordable Housing Pro4ects
IIX. Current statusx The local government does have a program for
this incentive.
IV. Explanation of Existing Regulations Regarding This Incentive:
Callier 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 units 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
~hat during this period the land payments and interest are
accruing and personnel must be paid to process the permits. Each
additional $1,000 in cost resulting from permitting delays wi~l
add $2,768 to the cost of the home over the lifetime of the
mortgage. (Thirty Years A.P.R. 8 1/2%)
Disadvantages: If affordable housing projects are further
expedited in the permitting process, it is likely that
non-affordable developments may take-longer to process.
VI. Provide an ,EMplanation 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
R~commendation~ $2,768 and up depending on how much additional
time can be reduced from the permitting processin~ time.
.
~f applying for an affordabl~ housingff~nsity !~nus ~hict.
Commissioners for revi~ and approval ~ithout requiring pu~
hearing ~ the Collier ~ount~ ~lanning Commission.
Also, decrease fees for site development plans.
If rezoning PUD for affordable housing, amend section 2.2.20.2.4
of the .Land Development Code regarding minimum area required; 10
acres - if affordable housing, no minimum area required.
Decrease landscaping .requirements and parking requirements for
affordable housing projects.
Minimize stipulations for approval regarding roadways, traffic
lights and other developmental stipulations for affordable
housing developments.
Develop a model set of PUD plans that are sealed and approved to
provide to interested developers of affordable housing
d~velopments.
IX. ReCommended Schedule for Implementation$ Ongoing.
Chairper/on, Advisory Committee.
AFFORDABLE HOUSIN~ ADVISORY COMMITTEE
INCENTIVE PLAN RECOMMENDATION WORKSHEET
I. ~ame of Local Entityz Collier County
II. Incentive Under Consideration: #3 Modifications of Imoact.~'~e
III. Current Statu~: The local government does have a program for th~.q
· ' incentive.
rv. Explanation of Existing Regulations Regarding This Incentivez
Impact fees for affordable housi,g are waived or deferred under
impact fee ordinances. All impact fees are waived for very low
imcome 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
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 very ~o~ income and low income
tenants. There are repayment requirements and deferrals must be
repaid either in six or fifteen ~ears depending on the options
selected by the developer. Rental projects must be maintained as
affordable housing for a minimum of fifteen ~ears under these
programs.
V. Explanation of Advantages/D~sadvantages of Changing or Adopting
This Incentive'.
~ Currently, impact fees for a single famil~ dwelling
unit are between $4,300 - $6,300 d~pending
located within the count~. Hulti-famil~ 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 substa.tial proportion
of the cost of affordable dwelling units, and an
these fees increases the economic feasibility of providing
affordable housing.
VI. Provide an Explanation as to the Negligible Elfsot or Benefit to
Publie Health, Safety or Welfare.
~ A reduction l~ impac~ fees will increase the
availability of newly constructed housing for ver~ low, low, and
moderate income families.
Heoliaible Effects: None
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 deferrals.
· Pa~e T~o
Housin~ Incentive Plan 13
VIII. Recommendation oZ Advisory Conunittee:
Collier County should increase the.amount budgeted to reimburse
the impact ~ee Zunds for ~i~teen year de~errals ~or a~rordable
housing projects.
Recommended 2chedule for Implementation:
Define ~unding-source and budget funds for granting fifteen year
impact fee de~errals for a~fordable housing rot very low and lo~
income ~amilies# b~ December 1994.
Si~ned:~ry Date: ~/-
Committee
XFFORDABL~ HOU2IN~ XI:3~FISORY CON~ITTEB
I'. l~e of ~1 Entity~ Collier County
II. Incentive Under Consideration= ~4 ~e Alliance or IncreaSed
Density ~vels.
~ent S~tus: ~e 1~al g~ernment does have a pr~ram for this
incentive.
~lanation o~ ~isting Re~lation Regarding ~is Incentive:
Collier C~nty has adopted an affordable housing density ~r~ram
as a ~ion of the ~nd Oevelo~ent C~e. ~is prOram provides
in~eased density for h~si~ that is affordable to ve~ 1~, 1~
a~ ~erate inc~e families. ~is prOram has been used for the
d~elo~ent of ~th rental and ~ership affordable housing with
in~eased density levels.
V. ~la~ticns of ~van~ges/Disadvantages of ~anging or Adopting
~is IncentiVe.
~ ~e' affordable housing density ~nus priam does
not need to ~ amended. ~e incentives are ve~ go~ and the
pr~edures are not diffi~lt to use.
Oisadvantaces: Not Applicable.
~ide and ~lanation as to the Negligible Effect or Benefit to
the ~blic Health, Safet~ or Welfare.
Benefits: ~e affordable housing density prOram all~s for
additional units which increases the supply of safe, decent
affordable housing for very 1~, 1~ or m~erate income families.
Continued marketing of the prOram should make it more widely
used in the future.
;' Neglicible Ef[e~s: None.
VII. Housing Cost Reduction Anticipated From Implementing This
Rec~endationx
A value of approxi~tely $4,000 - $S,000 per unit is saved as
cal~lated ~ the cash contribution factor of the affordable
housing density ~nus prOram.
~e market value of the affordable housing d,nsity bonus allows
reduced rents or reduced land costs for home ownership units.
256
Page
Housing Incentive Plan t4
VIII. Recommendation of Xffordable Housing-Committee=
Continue to aggressively market the affordable density bonus
program.
IX. Reoommended Schedule for Implementationx Ongoing.
Committee
066 ,',,~ 25 7
AFFORDABLE HOUSINg ADVISORY COM3{ITTEE
INCENTIVE PLAN RECOKMENDATION WORKSHEET
I. Name of Local Entity= Collier County ~
Incentive Under Consideration~ IS The Reservation ._~
Infrastructure Capacity for Hodsine for Very Low and LOw InCO~q
'.Persons.
III.. Current Statusx The local government does not have a program for
this incentive.
IV. Explanation of Existing Regulation Regarding This Incentivex
, Collier County, as well as other Florida communities, is subject
to the provisions of the Growth Management Act (Florida Statutes,
ChalTter 163, Part II) which requires that public facilities and
.. services, i.e. "infrastructure" be in place "concurrent" with
development. The result of this requirement is that all new
development.must be located where existing services are available
or where there are funds readily available to provide these
'services.. 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
development.
, Roads
, Drainage
* Parks
* Water
* Sewer
· Solid Waste
The Collier County Comprehensive Plan, 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 whether these facilities are available for the new
development. The availability of these services, both now and in
the future, is dependent on the Capital Improvements Program,
which is a funding plan based upon anticipated revenues and the
estimated costs to provide the services at the desired level of
service.
The types of infrastructure that are of primary concern for
affordable housing is that of potable water and sanitary sewer.
These forms of infrastructure are provided by government-owned
and private utilities. The capacity of these utilities is
-' closely monitored by the county through the issuance of
development orders.
Pag~ 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 t:,~ of
development. Due to bond convenants, i~ is not possible to
or discount connection fees to any typ~ of development, such
affordable housing. It would be possible ~o consider amendln~
'existing bond conveneors, or to provide that future b~nd
.convenants allow for a deferred connection payment or
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. Explanation of. Advantages/Disadvantages of Changing or Adopting
this Incentive.
AdvantaGes: A defertel or reduction in the payment for
infrastructure connection would result in varied savings
depending on the time of deferral and construction permitting.
DisadvantaGes; 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.
Benefits: 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.
NeQliaible Effects; None known.
VII ~ Housing Cost Reduction Anticipated from · Implementing this
Recommendationx Variable depending ' on time of defertel or
discount amount.
VIII. Recommendation of Advisory Committee:
1. Consider amending existing bond conychants to allow for
deferrals and discounts in the payment of sewer and water
utility conmection fees.
2. Consider allowing for defertale and discounts for affordable
housing projects in future bond convendors and for
infrastructure connection fees that are not governed by bond
convenants (if applicable).
IX. Recommended Schedule for Implementation:
Consider legal implications of amending existing bond convenant.~
by December
· ' ; BO0~(
ChairperSon, Advisory Committee
AFFORDABLE HOUSIN~ ADVISORY COMMITTEE
INCENTIVE PLR/~ RECOMMENDATION WORKSHEET
I. Name of Local Entity= Collier' County
II. Incentive Under Cons~derationf #6 TranSfer.or development
· S a financing mechanism for housina for very low income and
income persons.
III. Current Status~ The local government currently does not have a
program for this incentive.
IV. Explanation of Existing Regulation Regarding Th~s Incentive:
None.
, V. Z~planat~on of Advantages/Disadvantages of Changing or Adopting
· this'Incentive:
~ The Transfer of Development Rights ("TOR") concept is
based on the premise,that development rights may be separated
from the total "bUn~le" of property ownership rights of a parcel
and traded within the limits of the governmental Jurisdiction.
The environmentally-sensitive, or other public interest area,
from where the development rights ~ay be severed and sold, is
called the "sending zone". The associated area where property
owners may purchase the separated rights and use them to increase
density on their land ~s 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 i~ perpetuity.
Specifically, the requirement to ~rovide funds for affordable
housing could be imposed upon the sender, or receiver of TDR, or
both. The magnitude of the contribution could either be a fiMed
amount per TDR unit, or a sliding scale which would manifest ~he
concept of a volume discount. In many ways, this mechanism would
be analogous to the linkage concept utilized to generate
affordable housing funds from the developers of commercial
projects.
VI. Provide an Explanation as to the Negl~gible Effect or Benefit to
Public Health, Safety, or Welfare.
None.
VXI. Housing Cost Reduction Anticipated From Implementing This
Recommendation: Variable depending on density invoicing allowed.
~age Two
Affordable Housing Incentive #6
For example, let us assume that :th~ Affordable ![~using
Contribution ("~Hc")' would be a f~at fee per TDR unit.
Consequently, anyone desiring to in.crease the density on a
particular parcel would have to pay:
1. the owner of the sending property whatever compensation ile,
or she deemed approprtate~ 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 o~ the receiving property.
IR 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
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. Recommendation of Advisory Committeo:
The TDR concept is Just one more planning tool. As such, it could
be very efEecttve in protecting open space, agricultural lands
and/or environmentally sensitive properties~ However, without
proper controls', this tool could *create an tmbalance 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.
XI. Reoommended Schedule for Implementation:
Consider developing program by December 1994.
Chairpe=~on, AdVisory Committee
,oo C66- 261
AFFORDABLE HOUSINa ADVISORY COMMITTEE
INCENTIVE FLRN RECOMMENDATION WORKSHEET
I."' Name of Local Entity$ Collier County
II. --Incentive Under Consideration= #7 Reduction of Darkina ~d
setback recruirements.
III. Current Statues The local government currently does have a
program for this incentive.
IV. Explan~tion of Existing Regulation Regarding This Incentives
Collier County has reduced parking and setback on low and
affordable housing on a, individual project basis.
V. Explanation of Advantages/Disadvantages of Changing or Adopting
this Incentives
~ Not all projects are reviewed as Planned
Developments'. It' is recommended that the Land Development Code
be amended to allow for administrative approval of parking and
setback relief f~r all affordable housing projects.
Disadvantage}; 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
both 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, Safety, or Welfare.
DaD~tt~ The relief of parking and netback 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.
Nealioible Effects: None Known.
vII. Housing Cost Reduction Anticipated From Implementing This
Recommendationx
This dopends.on the size of the project.
Page..'l%ro-
AffOrdable Housing'Incentive t7
VIII. Reaommendation of Advisory Committest
After reviewing the handout regarding fthe reduction of parking
and setbacks requirements and the Collier County Land Oevelopme.~
Code, we submit the following recommendations:
1. Allow for elimination of stripping of general parking area3
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 industry 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 parkingconcept where applicable.
5. Maintain 1.5 parking spaces per unit for multi-family.
6. Allow secondary parking areas to be constructed of a limerock
base 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.
S. 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 for Implementation~
Chairpe,~son, Advisor3[ Committee
,oo,, O66 263
AFFORDABLE HOUSIN(I ADVISORY COMMITTEE
INCENTIVE PLAN RECOMMENDATION WORKSHEET
I. Name of Local Entityz Collier County ~
!I. Incentive Under Consideration[ f8 Allowance of Zero-Lot I.IDe
Conficrurations
~iI. Current StarusA The local government does have a program for
' this incentive.
IV. Explanation of EXisting Regulation Regarding This Incentive[
Collier County Land Development Code provides for zero-lot line
configurations. For projects that do not qualify, there is a
variance procedure available.
V. Explanation of Advantages/Disadvantages of Changing or Adopting
this Incentive.
~ 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.
Disadvantaaes: Care must be taken to avoid overcrowding of units
of poorly planned site layouts.
VI. Provide an Explanation as to the Negligible Effect or Benefit to
Public Health, 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.
Bealiaible Effects: None known.
VII. Housing Cost Reduction Anticipated from Implementing this
Recommendation[ 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.
IX. Recommended Schedule for Implementation[
Consider amendments by December of 1994.
Chairperson, Advisory Conunittee
,oo a66 264'
AFFORDABLE HOUSIN3 ADVISORY COM3(ITTEE
INCENTIVE PLAN RECOM]~ENDATION WORKSHEET
Name of Local Entityx Collier County
II. Incentive Under Consideration: #9 ° Modification of
Setbacks and Sidewalk Reuuirements
III. Current Status= The local government does not have a program for
this incentive.
IV. Explanation of'EXisting Regulation Regarding This Incentivez
Collier County Land Development Code provides for the
modification of street setbacks in general for projects being
reviewed in the Planned Development process. Planned Development
applications submit a schedule of deviations from the Zoning
Ordinance, that may include setback requirements, as part of the
application process. Section 2.7.5.6 of the Land Development Code
contains criteria for the approval of the deviations.
V. Explanation of Advantages/Disadvantages of Changing or Adopting
this Incentive.
Adva~taces; Not all projects are reviewed as Planned
Developments. It is recommended that the ordinance be amended to
allow for administrative approval of the modification of street
setback and sidewalk requirements for certified affordable
housing projects.
Disa~vantag~s: Care must be taken . to retain quality in
developments as well as public safety.
VI. Provide an Explanation as to the Negligible Effect or Benefit to
Public Health, Safety, or Welfare.
Benefits: The modification of street setback and sidewalk
requirements.can reduce costs of housing and therefore increase
the number of available units and lower the, final cost of the
housing to t.heoccupant.
Necliaible EffectS; None Known.
VII. Housing Cost Reduction Anticipated from Implementing this
R~commendationz Depends on size of the project.
VIII. Recommendation of Advisory Committee$
Consider a mechanism where affordable housing projects that are
not Planned Developments may obtain administrative relief
street setback and sidewalk requirements provided certain
criteria are met.
IX. Recommended Schedule for Implementation=
Consider zoning amendment by December of 1994.
265
Chairperson, Ad~i~or'y Committee
AFFORDABLE HOUSIN~ ADVISORY COMMITTEE
INCENTIV.E PLAN RECOMMENDATION WORKSHEET
· I. Name of Local Entity: Collier County
II. Incentive Under Consideration~ #10 The establishment of a
process b~ which a local Government considers. before adoption.
policies. procedures. ordinances. requlations. or plan provisions
~bat have a sianificant imD~Ct On the cost of housina.
III. Current Statusz The local government currently does have a
program for this incentive.
IV. Explanation of Existing Regulation Regarding This Incentivez
· .~ollier County has adopted an executive summar), and fiscal impact
statement (ESFIS). The intent of the ESFIS is to provide more
information for the board and affected citizens with regard to
the purpose, need and costs of proposed resolutions and
ordinances of a regulatory nature. Under the ESFIS, a consistent
format is used that requires the first four sections of the ESFIS
.. be completed and approved by the County Commission, prior to the
staff drafting any new regulations relating to the Comprehensive
Plan and Land Development Code. This pre-review process is aimed
'. at correcting instances where staff uses a great deal of
resources in developing proposed regulations, when there is a
lack of firm Board direction and consensus as to the need for the
proposed regulation.
The first four sections of the ESFIS that a~e required prior to
the county directing staff to draft new regulations, does not
include information that pertains tO the fiscal impacts that the
p[oposed regulations will have on the cost of housing. Fiscal
Impact is dealt with in section 5 of the ESFIS. In the past this
has resulted in much staff time needlessly expended on unpopular
proposed housing regulations.
· ~ V. 2xplanation of-Advantages/Disadvantages of Changing and Adopting
this Incentive.
A~vantaaes: The current process established (ESFIS) should
accomplish its objective.
Dj~ The primary fiscal objective of the ESFIS is to
determine the fiscal impact on County resources. For the ESFIS
.. to function under the intent of the SHIP program, those policies
.... procedures, ordinances and regulations that have a significant
impact on the cost of housing, need to be considered in the
.; initial four sections of the ESFIS.
266
i,j Page
... ' Housing Incentive Program #10
c.VI. ~rovide'an Explanation as to the Negligible Effect or Benefit to
Puhlio Health, Safety, of Welfare.
None.
VII. Housing Cost Reduction Xnticipated from Implementing this
,.. Recommendation: Varies depending on how regulations can be
~. reduced by this process.
" VIII.' Recommendation of Advisory Committee:
~, The ourrent ESFIS,should be amended as follows~
1. What new 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.
IX. 'Recommended Schedule for Implementation:
committee
AFFORDABLE HOUSING ADVISORY CO~ITTEE
.. INCENTIVE PLAN RECOHI4ENDATION WORKSHEET
I. Name o~ Local Entity: Collier County :
Incentive Under Considarationz #11 ~re~aration of a Prin~.~
Inventory of tocallv O~med ~bltc ~nds Suitable for A~ordab~fi
~ous~na.
III. ~rrmntStatusz- ~e local Government ~rrentl~ does not have a
prOram ~or this incentive.
f.' 'IV. ~lanation oz Existin~ Ra~lation Re~ardtn~ This Incentivaz
None.
~,. '~. ~lanation o~ Xdvantaqes/Disadvanta~as o~ Chan~in~ or XdOptin~
.this Incantivax
~ An inventory oZ parcels suitable ~or a~Eordable
· . housin~ will be classiZied, maintained and managed. I~ will
return non-revenue ~aneratin~ and non-tax producin~ properties ~o
a profitable status. It will also stimulate the economy with the
pr~uction o~ Jobs and help assist the County in providin~
a~ordabla housinq.
Disadvantaces: If a land bank is to rely on tax delinquent
properties, .the maximum processin9 time can take two - ~iva
years. Cost in conveyin~ property coupled with quiet title
action ~ust be ,~unded. Tax deed sales are unable ~o 9ira
interested parties complete control o~er the conveyance process
due to open biddin~ at tax sales.
VI.. Provide an ~lanation as to the Ne~li~ible EfZect or BansZit to
~blic Health, Safety, or WalZare.
~ Adequate sites Zor a~fordable housin~ will increase
the suppl~ o~ housin~ available ~or very low, low, and moderate
income ~amllies.
He~liaible Effects: Not Known.
VII. Housin~ Cost Reduction Anticipated ~rom Implsmantin~ this
Reconendationx $3,000 - $10,000 per Unit.
~nd costs reductions ~rom low cost acquisition or donation.
VIII. Recouandation oZ ~dvisory Co~itteex
1. Start a land bank program for suitable a~fordable housin9
properties.
2. Provide preapproved house plans and other permits to home
owners and single f~mily builders who will produce housin9
affordable ~or very low, low or moderate home buyers.
268 .
Pag~ Two
Housing Incentive Program #11
IX. Recommended Schedule for Implementation:~
$
,', Develop land banks suitable for affordable housing by December
1994.
,o~, 066 ,,,~ 269
CERTIFICATION TO
FLORIDA IIOUSING FINANCE AGENCY
Adoption of Incentive Plan for Collier County.
All 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 Hews, a
newspaper of general paid circulation in the .county.
The notice contained a short and concise ~ummary of the affordable
housing initiative. Recommendations t~ be considered by the
advisory committee could be obtained by interested persons.
The advisory committee recommendations were approved by a~
affirmative vote of a majority of the advisory committee
membership taken at a public hearing.
The advisory committee made recommendations on at least the
£ollovin~ incentives:
1. The affordable housing da~inition in the appointing
resolution.
2. The expedited processing o~ permits for affordable housing
projects.
3. The modification ot impact ~es 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 log-income persons and low-inCome persons.
6. The transfer of development rights as a financing mechanism
for housing 'for very low-income persons and lc~-income
persons.
7. The reduction of parking and setback requirements.
S. The allowance of parking and setback requirements.
9. The modification of street requirements.
Psge 2
.~ 10. me establlsh. ent o~ & ~oee~ ~ ~hleh
~lat$on~, o~ p18n p~$e~on~ that h~e
~.pact on the cost of hous~.q.
11. ~e preparation of a printed lnvento~ of locally-owned
~blic lands suitable for affordable housing.
. ~ ~e incentive plan was adop=ed ~ the Board of County
C~lssioners, Collier County, vithin 90 days after receipt of the
affordable housing incentive recommendations from the adviso~
c~ittee.
~e ~ncentive plan ~as adopted within twelve months fr~ the ~ate
of adoption of the ~IP ordinance.
' .~...~ .. ,. r/ .
' ' ~..; ...."' ~~~ ~o~ o co~ co~ss~o.~
.~' ~ ".]U'~' ~' - .-
A~d aj to fom and .
~ 1~al ~fficien~:
'~..
RESOLUTION 94-418
RESOLUTION APPROVINGTHELOCALAFFORDABLE
HOUSING INCENTIVE PLAN AS REQUIRED BY THE
FLORIDA STATE HOUSING INITIATIVE PARTNERSHIP
[SHIP] FROGRAM; AUTHORIZING NECESSARY
CERTIFICATIONS BY THE CHAIRMAN OF THE BOARD OF
COUN~"~ COMMISSIONERS~ AUTHORIZING THE
SUBMISSION OF THE LOCAL AFFORDABLE HOUSING
INCENTIVE PLAN TO THE FLORIDA STATE HOUSING
FINANCE AGENCY FOR REVIEWANDAPPROVAL; AND
APFROVINGTHE EFFECTIVE DATE.
WHEREAS, the Board of County CommiSsioners of Collier County
Florida enacted Collier County Ordinance No. 93-19 on April 13,
1993, as amended by Collier County Ordinance' No. 93-33 on June
22, 1993,'establishing the local County H~using Assistance Plan;
and
WHEREAS, the Ordinance was forwarded to the Department of
Community Affairs for approvals 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, st. seq., Florida
Statutes, Chapter 9'I-37, Florida Administrative Code, as amended,
requires each County or eligible municipality participating 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 program; and
WHFREAS, 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;
066 272
- I -
(c) The notification of i~pact fee requirements, including
redu~ion 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 co~fiqurations;
(i)The modification of street requirements;
(J} The establishment of a process by which a local
government co~siders, before · adoption, policies,
procedureS, ordinances, regulations, or plan provisions
that have a significant impact on the cost of housing;
(k) The prepsratio. 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 Co~missioners.
NOW, THEREFORE, be it resolved b~ the Board of County
Commissioners of Collier County, Florida
1. The Board of County Commissioners accepts and approves
the Affordable Housing Incentive Plan. All recommenda-
tions provided in the Affordable Housing Incentive Plan
are 'subject to adoption by the Board of County
Commissioners by Resolution' or Ordinance after
appropriate public hearings, prior to implemen~ation;
2. The Chairman of the Board of County Commissioners is
authorized to e~ecute the certification to Florida
Housing Finance Agency- concerning the adoption of the
Affordable Housing Incentive Plan, on behalf of the
County;
3. The Chairamn of the Board of County Commissioners is
authorized to submit the Affordable Housing Incentive
Plan, a copy of vhich is attached hareto and made a part
hereof, to the State of Florida H~sinq Finance A~en~
~or its revi~ and appr~al; and
4. ~is resolution s~ll take effect t~edtately u~n its
ad~tion.
~ts ~soluti~ ad~ after m~ton, second and uJortty
v~ favoring same.
~lll~nt C~ty Att~ey
- 3 -
STATE OF FLORIDA )
COUNTY OF COLtIER )
Z, NIGHT I. SROCX, Clerk oE Courts in and Eo~ the
Twentieth ~udlclal ClrculC, Collier county, Florida, do
hereb~ certify that the foregoing is a true copy of:
Ordinance No. 94-31
which was adopted b~ the Board of County Commissioners on
the 14th day of June, 1994, during Regular Session, via
· emergency procedures.
.WITNESS sy hand and the official seal of the Board of
Co. unty Commissioners of Collier County, Florida, this 15th
. day of ~une, 199&.
DWIGHT E. BROCK ~;..-
Clerk oE Courts and ..
Zx-off~clo ~o Board of ," j" ~,,""
,~,~: .~-.
. oo, 066,, 275