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Ordinance 97-63 ORDINANCE NO. 97- 63 AN ORDINANCE AMENDING ORDINANCE NUMBER 89-05. AS u~ ~ ' R;','L '.' AMENDED, THE COLLIER COUNTY GROVV'T'H MANAGEMENT o Cl' ' PLAN, FOR THE UNINCORPORATED AREA OF COLLIER COUNTY.m--~ c,-, _r. of BI,~-,: FLORIDA; BY ESTABLISHING a NEW HOUSING ELEMENT; BY ~ c_., I""' PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN ~ .r' Fr'l EFFECTIVE DATE. u, =..- C:7 WHEREAS. the Board of Gounty Gommissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Gollier Gounty has held public hearings to provide for and encourage public participation throughout the 1996-97 plan amendment process; and WHEREAS, Gollier Gounty did submit the 1996-97 Growth Management Plan Amendments to the Department of Oommunity Affairs for preliminary review on April 29, 1997; and WHEREAS, the Department of Gommunity Affairs did review and make written objections to Housing Element Amendments to the, Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Gollier County has 120 days from receipt of the written objections from the Department of Gommunity Affairs to adopt, adopt with changes or not adopt the proposed Housing Element Amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier Gounty did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Housing Element Amendments to the Growth Management Plan on October 28, 1997; and WHEREAS. all applicable substantive and procedural requirements of law have been met; and NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY GOMMISSIONERS OF GOLLIER GOUNTY, FLORIDA, that: ~: ADOPTION OF AMENDMENTS TO THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Housing Element Amendments to the Growth Management Plan for Collier Oounty. Florida. The Gollier Gounty Growth Management Plan Housing Element Amendment is attached hereto as Exhibit A and incorporated herein by reference. .~ECL~DJg~LQ: SEVERABILITY. If any phrase or podion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. .~ECS~: EFFECTIVE DATE. The effective date of this Amendment to the Housing Elemenl shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184. Florida Statutes, whichever occurs earlier. No development orders. development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Communily Affairs, Bureau of Local Planning. 2555 Shumard Oaks Blvd., 3'~ Floor, Tallahassee. Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this day of October. 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS · DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA "" / ~HAIRMAN APPI~OVEDAS TO FORM AND This ordinance, LEGAL SUFFICIENCY: ,~ecretar~, ,L~_dG,/of ..... '~ ...... ~... MARJ(~IE M. STUDE~NT of k'~D~.~z,2.__. ASSISTANT COUNTY A'R'ORNEY 1997 Housing Element STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ~RDINANCE NO. 97-63 Which was adopted by the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 1997. . DWIGHT E BROCK .. \ Clerk of Courts and G~rk ".. #~' COLLIER COUNTY GROWTH MANAGEMENT PLAN HOUSING ELEMENT COLLIER COUNTY/CITY OF NAPLES COMPREHENSIVE PLAN HOUSING ELEMENT Prepared for COLUER COUNTY BOARD OF COUNTY COMMISSIONERS & NAPLES CITY COUNCIL October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN/ CITY OF NAPLES COMPREHENSIVE PLAN Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. TABLE OF CONTENTS Pg. No. Statement of Purpose 2 Introduction 5 Methodology 6 *Goals, Objective and Policies 7 Objective 1 7 Objective 2 9 Objective 3 12 Objective 4 14 Objective 5 15 Objective 6 17 Objective 7 18 *ADOPTED PORTION | ~ PLEASE NOTE: Reqardin.q the format of this joint Housinq Element: The Housinq Element Goal and all the Objectives pertain to the entire County. The majority of all policies pertain to the entire County and are identified as JOINT CITY/COUNTY POLICIES. However, some policies pertain to only one jurisdiction and therefore are specially referenced as a CITY OF NAPLES POLICY or a COUNTY POLICY. Policies that are asterisked (*) are included for informational pu_rposes only pursuant to Chapter 163. Policies identified as COUNTY POLICIES are not beinq adopted by the City of Naples. Policies identified a5 CITY POLICIES are not bein.q adopted by Collier County. These policies are provided for informational purposes only.. GOALS, OBJECTIVES AND POLICIES GOAL 1: TO CREATE AN ADEQUATE SUPPLY OF DECENT, SAFE, SANITARY, AND AFFORDABLE HOUSING FOR ALL RESIDENTS OF COLLIER COUNTY. OBJECTIVE 1: The number of new affordable housinq units shall increase by 500 units each year in an effort to continue to meet the housinq needs of all current and future very-low, low and moderate income residents of the County, includinfi those households with special needs such as rural and farmworker housinq in rural Collier County. JOINT CITY/COUNTY POLICIES Policy 1.1: Utilize interqovemmental a.qreements between the County and the City of Naples to coordinate SHIP, CDBG, and ',ther State, Federal and pdvate funds to improve coordination and efficiency in the provision of housing delivery assistance. Policy 1.2: Collier County and the City of Naples will work toqether to accomplish the community wide goal of creatinq a sufficient supply of market rate and below market rate housinfi. This effort will include consolidatinq the City and County housinq profirams and activities. includinfi State and Federally funded programs such as SHIP and CDBG, in an effort to provide greater efficiency. Policy 1.3: The City and County will explore the development of a fair share affordable housinq ordinance that will require commercial and residential developments to address the lack of affordable housinq. The local jurisdiction will evaluate a broad ranqe of options includinq the development of an affordable housinq impact fee, the requirements that a percentaqe of units developed will be "set aside" for below market rate housinq, provide for the transfer of development d~hts, an option whereby land could be donated to a nonprofit and/or placed in a land bank, or other alternatives that will assist in mitiqating the dsinfi need for affordable housing as the population increases. Policy .1.4: Affordable housinq will be distributed equitably throughout the County using strategies which include, but are not limited to, density bonus agreements, and impact fee waivers or deferrals. In addition, affordable housinq will be located where adequate infrastructure and services are available. CITY POLICIES None COUNTY POLICIES *Policy 1.5: Review the feasibility of incorporating the Collier County Housinq Authority and the Collier County Housinfi and Urban Improvement office activities into one a,qency to provide greater coordination and efficiency in housin.q delivery services. *Included for informational purposes only pursuant to Chapter 163, Asterisked policies are only adopted by the jurisdiction listed directly above the policy, OBJECTIVE 2: By 2000, create a non-profit housing development corporation, formed with a cross section of representatives from business, government, housing advocates, and the community at lar.qe, which will assist the City and County in achieving a new goal of 500 dwelling units per year for very-low, low and moderate income residents of Collier County. JOINT CITY/COUNTY POLICIES Policy 2.1: Increase the supply of housinq for all seqments of the community inc;udinq very low, low and moderate income residents and those with special needs inc ud ng farmworker housing, through the use of existing programs such as low income housing tax credits, density bonuses and impact fee waivers or deferrals. Policy 2.2: Solicit input from the Chamber of Commerce, Economic Development Council, Collier Building Industry Association {L31A), Naples Area Board of Realtors, Naples Area Apartment Association Collier County Banking Partnership, the Affordable Housing Commission, and..tne Collier County Housing Authority to identify potential nonprofit board representation and members, and to develop a mission statement for the non- profit housing aQency. The non-profit housing development corporation will partner with other entities to apply for State and Federal housinq funds available to non-profit corporations. This effort will result in the development of a more comprehensive housing delivery system that ensures the development of housinq for all residents of Collier County through a partnership with pdvate developers, non-profits, local governments and other interested parties. Policy 2.3: The County and City staff will continue to provide community or.qanizations with brochures and up-dates on vadous housing programs, grant opportunities, technical assistance and other information that will promote affordable housinq opportunities for very low, low and moderate income residents. Policy 2.4: By 1999, the County and the City will review existing cedes and ordinances and amend as needed to allow for flexible and innovative residential design that encourages mixed use developments and vadety of housing designs. styles, and pdce raR.(:les, Policy 2..5: By 1.998, the .County and the City will review the existing permit processing systems in_ an effort to reduce the processing time and cost of housing. and especially for affordable housinq, to identify areas that can be streamlined. Policy 2.6: _Provide on.qoin_Q technical support and assistance to pdvate developers and non-profit housing organizations in their efforts to secure State or Federal funding. Policy 2.7: Increase the utilization of existincl impact fee ordinances to facilitate the development of affordable housing through the provisions of waivers and/or deferrals. CITY POLICIES *Policy 2.8: Provide financial, technical and support assistance to the residents of the Carver/River Park neighborhood through continued coordination with property owners, property manaqers and tenters. COUNTY POLICIES *Policy 2.9: Review the County's De~nsity Bonus Ordinance every two years to reflect changing community needs and market conditions. Encourage the blendinq of affordable housing density bonus units into market rate developments and review the feasibility of approving density bonus at an administrative level. 'Policy 2.10: Throuqh the adoption of local incentives, such as density bonus a~reements and impact fee waiver/deferrals, public and pdvate sponsors will be encouraged to provide adequate housinq for rural residents and farmworker families. *Policy 2.11: The County Housing and Urban Improvement Department will coordinate with independent water and sewer districts to ensure that the necessary infrastructure 3nd facilities for new housing developments are in place, and consistent with the County's Concurrency Management System. *Policy 2.12: The County will adopt and implement polldes which address site locations for farm worker housinq, including strategies such as density bonus agreements, impact fee waivers or deferrals, and adequate infrastructure and services. *Policy 2.13: With the completion of the regional farmworker study conducted by the University of Flodda's Institute for Food and Agricultural Sciences in late 1997, the County will review the recommendations and begin an implementation pro~ram. *Included for informational purposes only pursuant to Chapter 163. Astedsked policies are only adol3ted by the jurisdiction listed directly above the policy. OBJECTIVE 3: By 2000, increase the number of housinq pro.qrams and amount of fundinq available to promote the preservation and protection of existing, stable residential neiqhborhoods. This will be accomplished throuqh the utilization of State Housing Incentives Partnership (SHIP) and CDBG pro.qrams including strategies such as Down PaymentJCIosin.q Cost Assistance, Rehabilitation and Emergency Repair. Demolition with New Construction, and Impact Fee Waivers or Deferrals. JOINT CITY/COUNTY POLICIES Policy 3.1: Utilize Federal, State and local resources for housing rehabilitation pro.qrams that repair and maintain the existin.q housing stock. Apply for additional fundin~ such as, but not limited to, HOME and Florida Fix as funds become available. Policy 3.2: Local .qovemments will seek out and apply for additional funding to help provide more affordable housin.q and will s~:~port applications from for profit and not-for-profit or.qanizations who apply for State and Federal funding. Policy 3~3: Utilize SHIP resources and other funds to leverage the number and amount of loans provided by local lending institutions to very low, low and moderate income residents. By leveraging Federal, State and local dollars, increase by five percent (5%) per year the number of loans made by area lendinq institutions to very low, low and moderate income residents for home improvements, rehabilitation and first time homebuyers assistance. CITY POLICIES *Policy 3.8: Throu.qh the Neiqhborhood Planninq Process, the City will identify local housin.q issues and develop pro.qrams as needed to address these concerns. *Policy 3.9: By 1998, the City will initiate a study of the Old Naples area to determine architectural and development standards to protect and preserve the existin.q residential character of the area. *Policy 3.10 By 1998, the City will study and make recommendations to amend the Code of Ordinances to limit "me.qahouses" within the City. By 2000, these chanqes will be reviewed to determine their effectiveness. 'Policy 3.11: By 1999, the City will review the need for a housing maintenance code to address the conservation of housing stock and the preservation and protection of residential neighborhoods. COUNTY POLICIES Policy 3.12: Collier County will apply for Community Development Block Grant (CDBG) urban entitlement county status through the U.S. Department of Housinq and Urban Development which wi~ result in an annual allocatior~ of federal funding available to assist ver~-Iow, low and moderate income households. *Included for informational purposes onl~/pursuant to Chapter 163. Astedsked (*) policies am only adopted by the jurisdiction listed directly above. the policy. OBJECTIVE 4: By 2000, the County and City will conduct a comprehensive housing survey to identify substandard dwelling units. Through continued enforcement of each jurisdictions housinq codes, and the provision of housing pro~rams, the number of substandard units associated with a lack of plumbing and/or kitchen facilities throuqhout the County shall be reduced by 5% per year through rehabilitation or demolition. JOINT CITY/COUNTY POLICIES Policy 4.1: By 2001, use the comprehensive housinq inventory to develop and implement new programs to reduce substandard housing employing existing methods such as housing code inspections, rehabilitation, and demolition with new construction and develop new programs as needed. Policy 4.2: Require the demolition of dilapidated, unsafe or unsanitary housing that does not meet housin,q code or cannot econom;' ally be rehabilitated. Policy 4.3: Review and amend the existinq relocation policy of the City and the County, and create one uniform relocation housing policy, consistent with the U.S. Department of Housing and Urban Development requirements. ~olicy 4.4: In the event of a natural disaster or .qovemment intervention, replacement housinq shall comply with all applicable Federal, State and local codes and shall consider commercial accessibility, public facilities, places of employment, and housing income. Policy 4.5: Dwelling units will b9 maintained in a safe and sanitary condition, including adequate light, ventilation, sanitation and other provisions as required by the County and the City minimum housing codes. This will be accomplished through housing code inspections and enforcement, and housinq rehabilitation programs using State, Federal, local and/or pdvate resources. CITY POLICIES None COUNTY POLICIES None OBJECTIVE 5: Collier County and the City of Naples will annually monitor all identified historically significant structures, as identified in the support document, to determine that these structures are beinq conserved, maintained, and/or rehabilitated. JOINT CITY/COUNTY POLICIES POlicy 5.1: Ensure the coordination of the Housing Element policies v,,ith the Future Land Use policies relevant to historic preservation. All structures that are listed on the National Register of Histodc Places, or as contributing structures within the Old Naples National Register Histodc District, or structures that are desiqnated as locally significant histodc resources will be encouraqed to maintain their histodc value through the provision of technical assistance. Policy 5.2: By 1999, the County and City wdl review the land development regulations, building code, FEMA regulations, and other requirements, and amend as necessary to encourage the conservation, maintenance and rehabilitation of historically significant structures. CITY POLICIES *Policy 5.3: The City will implement Objective 6 and all associated policies in the Future Land Use Element as they pertain to historically significant structures includinq the cdteda for C~.e__si.qnation of locally histodc resources found in Chapter 12 of the Support Document. P.olicy 5.4: 'By 2000, coordinate with Future Land Use policies and study potential incentives to encourage the conservation, maintenance and rehabilitation of histodc structures and make recommendations to City Council. COUNTY POLICIES *Policy 5.5: The conservation and rehabilitation of housing which is of histodc siqnificance shall be accomplished by working with pdvate sector groups and private developers. *Policy 5.6: The Land Development Code that regulates the rehabilitation, demolition or relocation of historically significant housing will be eraended as needed. *Policy 5.7: Every five years, the Historical Housinq Construction Survey will be updated to ensure further identificaljon of historically significant housing. The Collier County Probability rn.aps will be updated as each new histodc structure or residence is listed on the National Register or is locally nominated. 10 · Policy 5.8: By 1999, the Histodc/Archaeoloqical Preservation Ordinance shall be updated to include any new historically significant housing and to include any changes in State or Federal requlations conceminq historically properties. *Included for informational purposes only pursuant to Chapter 163. Astedsked policies are only adopted by the jurisdiction listed directly above the policy. 1! OBJECTIVE 6: By 1999, the CoUnty and .City will ensure that local land development requlations are in compliance with State and Federal regulations re.qardin.q group homes and foster care facilities locations. JOINT CITYICO,UNTY POLICIES Policy 6.1; Provide non-profit o~l. anizatior~s wnth information on Federal, State and Ioca! ..housin_cl resources that will assist them in the provision of special needs housin.q. On an annual basis, or as needed, provide technical assistance and support as or.qanizations al3oly for funding assistance. Policy 6.2: Review the County and City Fair Housinq ordinances and procedures and consolidate fair housing implementation in order to provide consistency and coordination between the jurisdictions. ~olicy 6.3: By 1999, review existing County and City land development re.qulations and buildinq codes to ensure compliance with State and Federal requlat. ions, and amend as necessary, to provide for group homes and foster care facilities licensed by the State of Florida. Policy 6.4: Group homes and foster care facilities will be allowed in residentially zoned neighborhoods where adequate infrastru.cture, services and resources are available. The location of these facilities will be in compliance with local land use requlations and consistent with Chapter 419, F.S. CITY POLICIES None COUNTY POLICIES None 12 OBJECTIVE 7 Although mobile home parks currently exist within Collier County, as a result of the coastal community's susceptibility to flooding and storm surges, any new mobile home parks will be restricted to area's outside of the urban coastal fdnge. JOINT CITY/COUNTY POUCIES N0n.e CITY POLICIES *Policy 7.1: The City formally recognized the existence of one mobile home park in the city limits through a Planned Development fezone process. This rezone process recognized that the Naples Mobile Home Park does provide affordable housing opportunities to those livin.q in the 141 mobile homes and 31 recreational vehicle spaces within this complex. "Policy 7,2: Additional mobfie home developments will not be permitted in the city limits due to the City's low elevation, susceptibility to flooding, storm sur.qes and hi.qh winds in hurricane and tropical storms and that mobile homes are particularly vulnerable to damaqe. COUNTY POLICIES *Policy 7.3: The County has numerous sites where mobile homes are a permitted use and these sites will continue to be available for mobile home development. However, due to the low Iyin.q elevations, susceptibility to flooding, storm surges and high winds from hu~canes and tropical storms, and that mobile homes are particularly vulnerable to damaqe, no additional sites will be zoned for mobile home development within coastal Collier County. *Included for informational purposes only pursuant to Chapter 163. Astedsked (*) policies are only adopted by the jurisdiction listed directly above the policy. 13