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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 - I - 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. ~ :'A~ES*: /~"..~'. BO OF GOUTY CO~ISSION~S ID~ HeAd[ F. A~hton ~ls o~l~e f~fed w~ SK eto~ o tate's Of fie ,~: ~ststant County Atto~ey ~~ j ~ ., ? 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