HomeMy WebLinkAbout2017-117 RESOLUTION NO. 2017-___117
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2017
REPORT
WHEREAS,The County,on April 6, 1993,adopted ordinance 93-13,establishing the
county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes
and Rule 67-37, F.A.C.; and
WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government
participating in the State Housing Initiatives Partnership (SHIP) program must prepare an
Affordable Housing Advisory Committee Report that recommends to the local governing
body specific actions or initiatives to encourage or facilitate affordable housing; and
WHEREAS, the Indian River County Affordable Housing Advisory Committee
(AHAC) held a public hearing pursuant to the requirements of Section 420.9076(5), F.S., on
November 15, 2017 to review the Affordable Housing Advisory Committee's 2017 Report;
and
WHEREAS,the AHAC at its November 15,2017 public hearing voted to recommend
that the Board of County Commissioners approve the report with some minor changes; and
WHEREAS, a copy of the Affordable Housing Advisory Committee report must be
submitted to the Florida Housing Finance Corporation by December 31, 2017; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County, Florida THAT:
Section 1.
The above recitals are ratified in their entirety.
Section 2.
The attached Indian River County Affordable Housing Advisory Committee 2017 Report is
hereby approved.
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RESOLUTION NO. 2017- . 117
Section 3.
Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance
Corporation by December 31, 2017.
The foregoing resolution was offered by Commissioner Fl escher and
seconded by Commissioner Adams , and being put to a vote,the vote was
as follows:
Chairman,Peter D. O'Bryan AYE
Vice Chairman, Bob Solari AYE
Commissioner,Joseph E. Flescher AYE
Commissioner,Tim Zorc AYE
Commissioner, Susan Adams AYE
The Chairman thereupon declared the resolution duly passed and adopted this 5th day of
December, 2017.
Board of County Commissioners
of Indian River County
By: :� 0 � Ad/ on,Ms',,
Peter D. O'Bryan, Chai
ATTEST: Jeffrey R. Smith, Clerk of Court i *;
and Comptroller = i 'r •
tom: 3"
:
BY: u ,( ;9�,' �}. •��:
Deputy Cler •••9/LfRCOUNro�;:
APPRO; • S TO ►• • G•.L SUFFICIENCY
B / ' / l
Dylan Reingold
County Attorney
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Indian River County
Affordable Housing Advisory Committee
2017 Incentives Review and Recommendation
Report
Community Development Department
Indian River County
1801 27th Avenue
Vero Beach, Florida 32962
(772) 226-1237
Approved by the Affordable Housing Advisory Committee at a Public Hearing on
November 15, 2017
Approved by the Board of County Commissioners
December 5 2017
Resolution No. 2017— 117
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INTRODUCTION
With passage of HB 1375 in 2007, local governments that receive State Housing
Initiatives Partnership Program funds were required to establish an Affordable Housing
Advisory Committee (AHAC) by June 1, 2008. In Indian River County, the Board of
County Commissioners created an Affordable Housing Advisory Committee on March
18, 2008. Triennially, each AHAC must review the local government's established
policies and procedures, ordinances, land development regulations and comprehensive
plan and must recommend specific actions or initiatives to encourage or facilitate
affordable housing, while protecting the ability of property to appreciate in value. In
Indian River County, the first AHAC report was approved by the Board of County
Commissioners on November 19, 2008.
Following submission of the initial AHAC report, reports were required to be submitted
triennially on December 31 of the year preceding the submission of the local
government's Local Housing Assistance Plan (LHAP) update. Therefore, the subsequent
AHAC reports were approved in December 6, 2011 and December 9, 2014. Since Indian
River County's next Local Housing Assistance Plan update must be submitted to the
FHFC by May 2018, the county's AHAC report must be submitted by December 31,
2017.
According to Section 420.9076 (4) F.S., each AHAC report must give recommendations
on affordable housing incentives in the following areas:
A. The processing of approvals of development orders or permits, as defined
in s. 163.3164(7) and (8), for affordable housing projects is expedited to a
greater degree than other projects.
B. The modification of impact fee requirements, including reduction or
waiver of fees and alternative methods of fee payment for affordable
housing.
C. The allowance of flexibility in densities for affordable housing.
D. The reservation of infrastructure capacity for housing for very low income
persons, low income persons, and moderate income persons.
E. The allowance of affordable accessory residential units in residential
zoning districts.
F. The reduction of parking and setback requirements for affordable housing.
G. The allowance of flexible lot configuration, including zero-lot-line
configurations for affordable housing.
H. The modification of street requirements for affordable housing.
I. The establishment of a process by which a local government considers,
before adoption, policies, procedures, ordinances, regulations, or plan
provisions that increase the cost of housing.
J. The preparation of a printed inventory of locally owned public lands
suitable for affordable housing.
K. The support of development near transportation hubs and major
employment centers and mixed use developments.
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BACKGROUND
In February, 1990, the Indian River County Board of County Commissioners adopted the
Indian River County Comprehensive Plan. In the Housing Element of that plan, Policy
1.3 stated:
"An advisory committee shall be appointed by the Board of County
Commissioners to provide additional guidance on county housing policies.
Comprised of representatives of the housing industry, financial institutions,
Housing Authority, and citizens, the committee shall be advisory and terminated
upon acceptance of its final report. This committee shall submit a final report to
the Board of County Commissioners by 1993..."
Consistent with Housing Policy 1.3, the Board of County Commissioners, on March 5,
1991, created a fifteen (15) member Indian River County Affordable Housing Advisory
Committee (Resolution No. 91-29). That committee was comprised of representatives of
the housing industry, financial institutions, and the Housing Authority, as well as citizens.
In April 1993, the Affordable Housing Advisory Committee voted to adopt and transmit
the Committee's Final Report to the Board of County Commissioners for its review and
consideration. That final report was submitted to the Board of County Commissioners on
May 25, 1993, and the original AHAC was then dissolved.
In 1992, the Florida Legislature established the State Housing Initiatives Partnership
(SHIP) program. The purpose of the SHIP program is to provide funds to local
governments for the provision of affordable housing for qualifying households. In order
to receive SHIP funds, the county was required to satisfy several requirements, including
the creation of a Local Affordable Housing Advisory Committee to conduct a review of
the county's regulations and to develop a Local Housing Incentive Plan.
To obtain SHIP funds, the Board of County Commissioners adopted the Indian River
County Local Housing Assistance Program (Ordinance #93-13) in April 1993.
Consistent with the requirements of Section 420.9076, F.S. and Section 308.07 of the
County Code, the Board of County Commissioners created the county's second
Affordable Housing Advisory Committee (AHAC) in 1993. The function of that
committee was to review the County's Local Housing Assistance Plan and develop local
housing incentive strategies. Once established, that committee worked with staff and
fulfilled all of the requirements of Section 420.9076, F.S.
On December 13, 1994, the Board of County Commissioners adopted the final Indian
River County Affordable Housing Incentive Plan with resolution number 94-162. That
plan which remains in effect includes many of the affordable housing incentives listed in
paragraphs A through K of Section 420.9076(4) F.S. The second AHAC was dissolved
in 2001.
Since adoption of the affordable Housing Incentive Plan, the county's affordable housing
incentives have been utilized by for-profit and non-profit housing developers and
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organizations to provide affordable housing within the county. Through those incentives,
2,634 affordable rental housing units have been constructed. Also, 1,698 income eligible
individuals have received SHIP and HHR funds for the purchase of a home and/or for
rehabilitation of their housing unit.
Consistent with the 2007 legislature's directive, Indian River County established its
current Affordable Housing Advisory Committee in March, 2008. The primary function
of the AHAC is to prepare the triennial update of the County's Local Housing Incentives
Report. In 2008, 2011, and 2014 AHAC prepared the County's update. This is the forth
Local Housing Incentives Report update.
ANALYSIS
In this section, each of the Chapter 420.9076(4), F.S. requirements, A through K, is
addressed. For each of the requirements, current citations from the county's
Comprehensive Plan and Land Development Regulations (LDRs) are provided. Each
section also includes an analysis and recommendations.
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A.The process of approvals of development orders
or permits, as defined in s.163.3164(7) and (8), for
affordable housing projects is expedited to a
greater degree than other projects.
Section 163.3164(7), F.S. defines a development order as "any order granting, denying,
or granting with conditions an application for a development permit." Section
163.3164(8), F.S. defines a development permit to "include any building permit, zoning
permit, subdivision approval, rezoning, certification, special exception, variance, or any
other official action of local government having the effect of permitting the development
of land".
In Indian River County, permits for affordable housing projects are expedited to a greater
degree than other projects. Established policies and procedures for expedited permitting
are found in Policies 1.5 and 1.6 of the Housing Element. These policies read as follows:
POLICY 1.5:By 2015,the county shall establish a web based permitting process.
POLICY 1.6: The county shall take all necessary steps to eliminate delays in the review of affordable
housing development projects. In order to define delay, the county hereby establishes the following
maximum timeframes for approval of projects when an applicant provides needed information in a
timely manner:
- Administrative approval—5 days;
- Minor site plan—5 weeks;
- Major site plan—6 weeks;
- Special exception approval—13 weeks
Whenever these review times increase by 150% or more due to the work load of review staff, the county
will begin prioritizing the review of affordable housing development project applications. In prioritizing
affordable housing development project applications, staff will schedule affordable housing project
applications for review before other types of project applications to ensure that maximum review
timeframes are not exceeded for affordable housing projects.
ANALYSIS:
The county is in the process of establishing a full web-based permitting process.
Currently, some permits can be applied for online. Some components of full web-based
permitting are now available, and the remaining components should be in place by 2015.
Consistent with Policy 1.6, the Community Development Department processes
affordable housing projects ahead of all other projects. This has been done since 1994.
For each affordable housing project application, planning staff notifies other reviewing
departments that the application is an affordable housing project and must be reviewed
ahead of all other projects. Overall, this process has worked well, with affordable
housing projects identified upfront and reviewing departments expediting these project
reviews. For major affordable housing projects, this process has saved applicants several
weeks in application review/processing time.
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RECOMMENDATION:
The county should maintain Housing Element Policy 1.5, regarding web based
permitting, and Policy 1.6, regarding prioritizing the permit process review of affordable
housing development projects ahead of all other projects. No other action is needed.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes ['I] No ❑
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B.The modification of impact fee requirements,
including reduction or waiver of fees and
alternative methods of fee payment for affordable
housing.
Impact fees and utility capacity charges are one time charges applied towards new
construction to generate the revenues necessary to make capacity producing capital
improvements. Overall, these impact fees and utility capacity charges increase the cost of
housing. Legally, impact fees must be applied to all activities that create a demand for
capital facilities. Consequently, impact fees cannot be waived or reduced without being
subsidized from another revenue source for a justifiable reason. Consequently, there are
methods of fee payment to assist income eligible persons with the cost of impact fees and
/or utility capacity charges.
Currently, Indian River County provides SHIP program loans and grants of up to
$20,000.00 per unit to income eligible households for the cost of impact fees and utility
capacity charges for new units. The county also provides SHIP loans and grants for
existing units to connect to the county regional water and wastewater system. To obtain
SHIP impact fee funds, applicants must execute loan or grant agreements with the
county, indicating that they will comply with the county's Local Housing Assistance
Program's requirements. Those loans or grants are limited to income eligible households
in the Very low Income (VLI) (not to exceed 50% of the county's median income), Low
Income (LI) (51-80% of county's median income), and moderate income (MI) (between
81-120%of the county's median income) categories.
Besides providing impact fee loans and grants, the county also provides financing of
water and sewer capacity charges for new units and existing units connecting to the
county regional system. The following policies from the Housing Element of the
Comprehensive Plan provide for financial assistance for payment of impact fees and
connection charges for affordable housing units.
POLICY 4.3: The county shall maintain its current policy of financing water and sewer capacity
charges for newly constructed housing units.
POLICY 4.4: The County shall maintain its Housing Trust Fund which provides below-market interest
rate financing and/or grants for land acquisition, downpayment/closing cost loans, impact fee/capacity
charges payment loans, and rehabilitation loans for affordable housing units in the county. The fund
will also assist non-profit facilitators with pre-development expenses associated with very low, low, and
moderate income housing development. Some disbursements from the Housing Trust Fund will be
grants, but the majority of funds will be revolving loans, with borrowers paying back principal and
applicable interest into the trust,therefore ensuring a permanent source of financing.
ANALYSIS:
Impact fees and utility capacity charges are needed to provide revenue for constructing
capacity producing capital improvements necessary to accommodate growth. Overall,
impact fee revenue partially funds construction of major roadways, libraries, schools,
parks, correctional facilities, fire/ems facilities, law enforcement facilities, solid waste
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facilities, and public buildings, and capacity charges fund expansion of the county's
regional water and sewer system. Because those fees are based on fair share payments by
the people benefiting from the capital improvements, impact fees and utility capacity
charges cannot be waived or reduced for any individual group or category of
construction. On the other hand, those fees increase the cost of housing and put a burden
on the production of affordable housing projects. To lessen the impact of those fees on
affordable housing projects, the cost of impact fees may be paid by other funding sources.
Waiving impact fees does not eliminate the cost of the infrastructure that the impact fees
are designed to pay for. Either new development or existing residents must pay the cost
of needed infrastructure improvements. If new development, which puts additional
demand on county facilities, does not pay its fair share of infrastructure cost through
impact fees, then existing residents will have to pay those costs through higher fees or
taxes.
While waiving or reducing impact fees without a justifiable subsidy is not legal, impact
fees for affordable units may be paid from other funding sources. Consistent with that
allowance, the county provides impact fee loans and grants to extremely low, very low,
and moderate income households thorough the SHIP program.
In the past, the county has provided impact fee grants and loans to eligible households as
part of several CDBG neighborhood revitalization and housing projects. Also, the county
provides impact fee loans associated with new home construction to all Habitat for
Humanity clients. In addition, the county provides impact fee grants and loans to eligible
individuals needing to connect to the county water or sewer system.
Overall, the county has provided many SHIP impact fee grants/loans to eligible
households. Since this program has been successful, the county should keep its SHIP
Program impact fee assistance strategy for income qualified households.
Since 2009 the county has suspended payment of several impact fees, thus reducing
impact fee costs for new developments and new housing units. 2013/2014 impact fee
study has also revised and reduced many impact fees.
RECOMMENDATION:
The county should maintain Housing Element Policy 4.3 and Policy 4.4, regarding
financing of impact fees, payment of impact fees, and payment of water and wastewater
capacity charges for income eligible households through SHIP funds.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [i] No ❑
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C.The allowance of flexibility in densities for
affordable housing.
Within Indian River County, the future land use map and zoning district designations
establish a maximum density or intensity for all properties. Overall, density is an
important factor in forming the character of a community and the preferred lifestyle of its
residents. While higher densities may result in lower housing costs, higher across the
board densities do not always translate into lower housing prices. Consequently, the
preferred method for reducing housing costs through increased density is to provide
affordable housing density bonuses associated with affordable housing projects.
Currently, Housing Policy 2.5 and LDR Section 911.14(4) provide affordable housing
projects an up to a 20% density bonus over the maximum density established by the
underlying land use designation.
Currently, Housing Element Policy 2.5 and Section 911.14(4) of the LDRs provide for
affordable housing density bonuses. Section 971.41(9) of the LDRs provides for small lot
subdivisions for affordable housing.
POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned
development projects, allowing eligible affordable housing projects with a market value of affordable
housing units not to exceed 2 1/2 times the county's median income, to receive up to a 20% density
bonus based on the following table.
Very Low
Income
(VLI)and
Low Income Density
(LI) Bonus Range of Possible
Affordable (Percent Additional Density Bonus for Providing Additional Buffer Density Bonus
Units increase and Landscaping based on one of the following options Percentage
as in (percent increase in allowable units) (Percent increase in
Percentage allowable allowable units)
of units).
Project's
Total Units
Option I Option II
Material equal to a 20' Material equal to a 25'
wide Type C buffer*with 6' wide Type B buffer*with 6'
opaque feature along opaque feature along
residential district residential district
boundaries and 4'opaque boundaries and 4'opaque
feature along roadways feature along roadways
More than 10% 5%or 10% 10-20%
30%
*Buffer types are identified in Chapter 926 of the county's Land Development
Regulations
The county's current median income is $54,700.00.
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The County's Affordable Housing Density Bonus Provisions are Codified in Section
911.14(4) of the LDRs (See Attachment 1).
Another option to increase affordable housing project yields is the county's small lot
subdivision allowance. Although the county's small lot subdivision regulations, section
971.41(9) of the county's land development regulations, do not have an allowance for
density bonuses, the smaller lot configuration allows for more lots to be created. While a
standard RS-6 parcel (single family residential up to 6 units per acre) has a minimum lot
size of 7,000 square feet, the small lot subdivision regulation allows for lot sizes to be
reduced to 5,000 square feet. While standard RS-6 zoning typically yields about 2.5 to 3
units per acre, a small lot subdivision can yield up to 5 units per acre.
The county's Small Lot Subdivision for Affordable Housing Projects are Codified in
Section 971.41(9) of the LDRs (See Attachment 2).
ANALYSIS:
The allowance of an up to 20% density bonus for affordable housing projects and the
county's small lot subdivision provision provide for the development of affordable
housing projects with higher densities and/or higher yields. Those provisions are
appropriate tools for providing density increases for affordable housing projects. General
density increases, however, are not acceptable in Indian River County and may not result
in less expensive homes.
RECOMMENDATION:
The county should maintain its affordable housing density bonus and small lot
subdivision provisions for affordable housing projects.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes ['I] No ❑
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D.The reservation of infrastructure capacity for
housing for very low income persons, low income
persons, and moderate income persons.
Consistent with state law, the Indian River County Comprehensive Plan provides that no
development, including housing development, shall be approved unless there is sufficient
infrastructure capacity or capacity funding available to serve the development. These
requirements are contained in Chapter 910, Concurrency Management System, of the
county's LDRs. This concurrency management requirement serves as the principal
mechanism for ensuring that growth is managed in a manner consistent with the
provisions of the comprehensive plan.
In Indian River County, there are two types of concurrency certificates. One is a
conditional concurrency certificate. A conditional concurrency certificate indicates that,
at the time of conceptual development approval, there is sufficient capacity to
accommodate the development. Conditional concurrency, however, does not require
payment of impact fees and water and sewer capacity charges and does not vest, or
guarantee, that capacity will be available at the time of building permit issuance. The
second type of concurrency is initial concurrency. Initial Concurrency requires payment
of impact fees and water and sewer capacity charges and vests (reserves capacity for) the
development.
In Indian River County, initial concurrency certificates vest capacity for the duration of
the concurrency certificate, either one (1) year, three (3) years, or seven (7) years.
According to county regulations, initial concurrency certificates may be issued only to
projects with approved site plans or complete Land Development Permit applications. To
obtain an initial concurrency certificate, an applicant must pay all applicable impact fees,
as well as water and sewer capacity charges, in advance of development. This then vests
the project and guarantees that adequate infrastructure will be available for the project at
the time of building permit issuance. The vesting will last for the duration of the
concurrency certificate and will expire at the end of the concurrency certificate
timeframe. After issuance of an initial concurrency certificate, an applicant must obtain
all building permits associated with the initial concurrency certificate and pursue
development to completion by obtaining a Certificate of Occupancy (CO).
ANALYSIS:
Reserving infrastructure capacity upfront for a project is important if there are
deficiencies in concurrency related facilities. In Indian River County, there currently is
sufficient capacity in all concurrency related facilities to accommodate development
projects. Therefore, reserving capacity upfront is not a critical issue at this time.
As development activity increases in the future, however, capacity may become an issue.
When that occurs, reserving capacity for a project may become an actuality. Reserving
capacity for one project means that the capacity reserved for the project is not available
for other projects. For that reason, the county requires that an applicant pay all impact
fees and utility capacity charges in order to reserve capacity, thereby ensuring that the
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county has the funds to construct the increment of capacity consumed by the applicant's
project. To date, no affordable housing project or unit has been denied due to
concurrency requirements.
RECOMMENDATION:
The county should maintain its current concurrency management procedures which allow
for upfront reservation of infrastructure capacity. Like other applicants, affordable
housing applicants may apply for an Initial Concurrency Certificate and reserve
infrastructure capacity upfront. Each time the county evaluates its affordable housing
incentives, the county will also determine whether or not its concurrency requirements
are an impediment to approving affordable housing projects or issuing permits for
affordable housing units.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [i] No ❑
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E.The allowance of affordable accessory residential
units in residential zoning districts.
Through its land development regulations, Indian River County permits the construction
of small dwelling units (second unit) as accessory to single family houses on a
residentially zoned property. This regulation is intended to make inexpensive dwelling
units associated with a primary residence available to low income households. Following
is the applicable LDR section for accessory dwelling units.
Section 971.41(10)of the LDRs Accessory Dwelling Unit:
a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to
the provisions of section 971.41(10). The standards and requirements of this section are intended to
make available inexpensive dwelling units to meet the needs of older households, single member
households, and single parent households. This is in recognition of the fact that housing costs continue
to increase, that households continue to decline in size, and that the number of elderly Americans is on
the rise.
(b) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04):
A-3 A-2 A-1 RFD RS-1 RS-2 RS-3
RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10
Con-2 Con-3 Rose-4 RMH-6 RMH-8
I Requirements of section 971.41(10)shall not supersede property owner deed restrictions.
(d) Additional information required:
1. A site plan conforming to Chapter 914 requirements.
e) Criteria for accessory dwelling units:
1. Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement
of the applicable zoning district.
2. The accessory dwelling unit shall be clearly incidental to the principal dwelling and shall only be
developed in conjunction with or after development of the principal dwelling unit.
3. Not more than one (1) accessory dwelling unit shall be established in conjunction with a principal
dwelling unit.
4. No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit.
5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33)
percent of the heated/cooled gross floor area of the principal structure or seven hundred fifty(750)gross
square feet, whichever is less. The accessory dwelling unit shall be no smaller than three hundred(300)
gross square feet of heated/cooled area.
6. No accessory dwelling unit shall have a doorway entrance visible from the same street as the
principal dwelling unit.
7. Detached accessory dwelling units shall be located no farther than seventy-five(75)feet in distance
from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point
of the accessory dwelling unit.
8. Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed
so that the exterior facade material is similar in appearance to the facade of the existing principal
structure.
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9. One (1) off-street parking space shall be provided for the accessory dwelling unit in addition to
spaces required for the principal dwelling unit.
10. The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the
environmental health department's well and septic tank and drain field requirements. Modification,
expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be
designed in a manner that does not render any adjacent vacant properties "unbuildable" for
development when well and/or septic tank facilities would be required to service development on those
adjacent properties.
11. No accessory dwelling unit shall be sold separately from the principal dwelling unit. The accessory
dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a
combination of lots or parcels unified under a recorded unity of title document.
12. An accessory dwelling unit shall be treated as a multi family unit for traffic impact fee and traffic
concurrency purposes,and the concurrency requirements of Chapter 910 for a multi family unit shall be
satisfied.
ANALYSIS:
On September 29, 1992, the Board of County Commissioners adopted the county's
accessory dwelling unit provision. In Indian River County, accessory dwelling units are
allowed in all residential zoning districts. In addition to allowing for these smaller units,
Section 971.41(10) of the county's land development regulations establishes specific land
use criteria to regulate the size, location and appearance of these units and prevent over
crowding.
Even though the county has allowed accessory dwelling units since 1992, these type of
units were not popular until 2004, when the price of land and housing started to increase.
When housing affordability became an issue, more people started looking at ways to
create affordable housing units. One method was to build more accessory dwelling units.
These types of units are appropriate as affordable housing units.
RECOMMENDATION:
The county's accessory dwelling unit provision is appropriate and should be maintained.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [J] No ❑
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F. The reduction of parking and setback
requirements for affordable housing.
As structured, the county's Land Development Regulations establish minimum setback
and lot size requirements for both single family residential zoning districts and multiple
family residential zoning districts. These setback requirements provide a standard
separation between houses and between houses and roadways. For affordable housing
projects, the small lot subdivision provisions of section 971.41 of the LDRs allow for a
reduction of lot size and building setbacks for single family homes.
In the RS-6 zoning district, for example, single family homes are required to have a
minimum lot width of seventy (70) feet. With small lot subdivisions, however, lots
having a minimum width of only fifty (50) feet and reduced side yard setbacks seven (7)
feet can be created. While rear yard setbacks are reduced from 20 feet to 15 feet, the
minimum front yard setback on all single family homes from the edge of right-of-way is
twenty (20) feet. This setback distance allows for cars to be parked in the driveway and
not block the sidewalk or impede pedestrian movement.
For residential uses, the county requires two parking spaces for each dwelling unit. This
requirement is detailed in section 954.05(56) and is as follows:
Section 954.05(56)
Single-family dwellings and duplexes. Two (2) spaces for each dwelling unit; single-
family dwellings and duplexes shall be exempted from all other requirements in
subsection 954.07(4) and 954.10. Uncovered parking spaces shall be exempted from the
front yard setback requirements.
ANALYSIS:
To ensure health and safety, all residential development must meet current minimum
parking and setback requirements for the appropriate zoning district as established in the
county LDRs. For example, the county's 20 foot minimum front yard setback provides
enough distance, but not an excessive distance, for parking a vehicle in a driveway
without the vehicle projecting into the sidewalk. Reducing or eliminating parking
requirements would force residents to park in roadway rights-of-way. This could create
safety issues unless minimum mandatory right-of-way widths are increased (which would
reduce lot depth and area).
Generally, reduced setbacks for affordable housing projects are appropriate, because
reduced setbacks can increase yield and reduce housing prices. In Indian River County,
the small lot subdivision allowances provide for reduced lot sizes, as well as reduced side
yards and reduced rear yards setbacks, for affordable housing projects only.
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RECOMMENDATION:
The county's current parking requirements are appropriate and should be maintained.
Through its small lot subdivision allowance, the county provides for appropriate reduced
setbacks for affordable housing projects. This small lot subdivision allowance should be
maintained.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [Ai] No ❑
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G. The allowance of flexible lot configuration,
including zero lot line configurations for
affordable housing.
Currently, the Board of County Commissioners may grant waivers from the residential
development standards found in Chapter 911 of the LDRs through the Planned
Development (PD) process established in Chapter 915 of the county LDRs. If granted,
these waivers can allow for development of small lot configuration, zero lot line and
reduced setback projects. The waiver criteria for the PD process are found in section
915.15 of the LDRs and are provided below.
Section 915.15.
Planned development allowable waivers and development parameters.
(1) Conceptual P.D.plans shall list,for all areas and phases within the P.D.project area, the proposed
waivers and development parameters for the following:
a. Minimum lot size(in square feet);
b. Minimum lot width(in feet);
c. Minimum lot frontage(in feet);
d. Minimum yard setbacks for buildings:front,rear,and side;
e. Minimum yard setbacks for accessory structures (such as pools, patios, and decks);front, rear, and
side;
f. Maximum lot coverage;building(s)and impervious surface area;
g. Minimum separation distances between buildings;
h. Minimum right-of-way widths(by road type);
i. Minimum open space per lot and by phase[Note: The minimum open space for the entire project
shall meet or exceed the requirements of section 915.18./
j. Minimum preservation/conservation area per lot.
Note:more conceptual plan submittal requirements are listed-out in section 915.22
(2) Notwithstanding other provisions in this chapter(915) and Chapter 971, specific land use criteria
listed in Chapter 971 may be waived(modified or not applied) where such criteria would merely apply to
the compatibility of uses within the P.D.project area if approved by the county. Where specific land use
criteria apply to the relationship of a use(s) within a P.D.project and properties adjacent to the project
area,the specific land use criteria shall apply pursuant to the provisions of chapter 971.
(3) The conventional standards and criteria found in Chapter 911, Zoning, not covered in section
915.15(1)shall apply unless otherwise specifically waived or modified by other provisions of this chapter.
ANALYSIS:
Generally, the PD process serves as a mechanism whereby the county can approve
projects with reduced setbacks and/or mixed uses. The advantage of using the PD process
instead of traditional zoning is that an applicant can increase or at least maximize his
development project's density. In the PD process, however, there are development
required trade-offs, such as additional landscaping, which are required to gain the waivers
for smaller lots and higher yield. These trade-offs can have the effect of off-setting any
housing unit price reductions due to increasing yield. The county's small lot subdivision
allowance, however, provides for specific reduced lot sizes, and setbacks without
requiring any specific waivers.
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RECOMMENDATION:
The county should maintain its existing PD process which allows for waivers from
conventional zoning standards (setbacks, lot size, etc.) as an available option for
residential development projects.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V] No ❑
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H. The modification of street requirements for
affordable housing.
As adopted, the county's existing sidewalk and street requirements provide for minimum
construction standards to ensure public safety. According to section 913.09(b)(1)
(Subdivisions and Plats) of the LDRs, all subdivisions must comply with the minimum
standards set forth in Chapter 952 (Traffic). While Chapter 952 sets the minimum right-
of-way width for a local or residential street at 60 feet, the minimum right-of-way width
may be reduced to 50 feet if the street is constructed with a curb and gutter drainage
system. In both cases, however, minimum lane widths remain the same at 11 feet.
Although there is a higher cost associated with curb and gutter construction than with
swale drainage, the reduction in the amount of right-of-way can produce a higher yield
for a project. These street right-of-way requirements can be modified through the
Planned Development(PD) process.
Following is the county's current minimum right-of-way requirement.
913.09(6)(1)
Minimum street and rights-of-way widths. The minimum street and rights-of-way widths shall be as
stated in Chapter 952, Traffic, of the LDRs. The board of county commissioners may require the
increase of right-of-way and pavement widths if it finds that the modification in width is consistent with
the projected traffic needs and good engineering practice. No variance will be granted on minimum
right-of-way widths for public streets. Right-of-way widths for one-way streets may be reduced from the
above standards as approved by the public works director.
ANALYSIS:
As structured, the county's minimum street right-of-way width requirements are based on
the minimum area needed to accommodate the various improvements that must be
located in the right-of-way. Besides travel lanes, sidewalks, and drainage facilities, these
improvements include water and sewer lines, gas lines, phone lines, cable lines, and
others. Since the referenced improvements must be provided for in the road right-of-
way, the county has determined that the minimum right of way width generally must be
60 feet for swale drainage roads and 50 feet for curb and gutter roadways. Reductions in
those widths, however, may be accommodated via special designs approved through the
County's PD (Planned Development) process.
Because the county's minimum local road right-of-way width requirement may be
modified through a PD process, when warranted, the county accommodates the subject
incentive.
RECOMMENDATION:
The county's current street right-of-way general requirements are appropriate to ensure
public safety, and the County's current allowance for modifications through the PD
approval process should be maintained.
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BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [Ai] No ❑
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I. The establishment of a process by which local
government considers, before adoption, policies,
procedures, ordinances, regulations, or plan
provisions that increase the cost of housing.
Currently, Policy 1.7 of the Housing Element of the Comprehensive Plan requires that a
financial impact statement be provided to appropriate advisory committees as well as to
the Board of County Commissioners prior to the adoption of any new county regulation
that may increase the cost of housing. Below is Policy 1.7 of the Housing Element of the
Comprehensive Plan which details the adoption process for county regulations that may
increase the cost of new housing.
POLICY 1.7: As part of the adoption process for any county regulation which could affect housing
development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated
impact of the proposed regulation on the cost of housing. When proposed regulatory activities are
anticipated to increase the estimated cost per unit for the development of housing, the Financial Impact
Statement shall include an estimated increased cost per unit projection. The financial impact statement
then will be reviewed by the Planning and Zoning Commission, and,if possible,the Affordable Housing
Advisory Committee. Those groups shall consider the regulation's effect on housing cost in making their
recommendation to the Board of County Commissioners. The Board of County Commissioners will
consider the financial impact statement in making its final decision on the adoption of any proposed
regulations.
ANALYSIS:
Since 1994, staff has prepared Financial Impact Statements for all proposed new
regulations impacting housing costs. By providing Financial Impact Statements of
proposed regulations to decision-makers before the adoption of those regulations,
planning staff ensures that decision-makers consider the costs as well as the benefits of
proposed new policies, ordinances, and regulations. While these Financial Impact
Statements do not prevent the Board of County Commissioners from adopting new
regulations, the statements do provide the Board with an additional tool to measure the
effect of proposed regulations.
RECOMMENDATION:
The county's current process of providing Financial Impact Statements to the Board of
County Commissioners prior to adoption of any new regulations, ordinances, policies,
procedures, or plan provisions that may increase the cost of affordable housing should be
maintained.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [A No ❑
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J. The preparation of a printed inventory of locally
owned public lands suitable for affordable
housing.
In 2006, the Florida State Legislature passed HB 1363 relating to affordable housing.
One provision of that bill was that each local government must prepare an inventory of
all real property that it owns within its jurisdiction that is appropriate for use as
affordable housing. Beginning in July 2007 then every 3 years thereafter, Indian River
County needs to prepare an inventory list of all real property within its jurisdiction to
which the county holds fee simple title and is appropriate for use as affordable housing.
At a public hearing on June 19, 2007, the Board of County Commissioners reviewed an
inventory list of 2007 county owned properties. The Board then adopted a resolution that
included an inventory list of county owned properties that are appropriate for affordable
housing. With respect to those properties, the Board of County Commissioners decided
to donate the parcels to non-profit housing organizations for the construction of
permanent affordable housing.
Consistent with the legislature's three year review requirement, the Board of County
Commissioners, in 2010, 2013, and 2016 reviewed associated inventory list of county
owned properties appropriate for the provision of affordable housing. At those times, the
Board decided to sell surplus properties and deposit the sale proceeds into the county's
affordable housing trust fund.
Comprehensive Plan Housing Element Policy 2.4 provides for maintaining an inventory
of all surplus county-owned land and making those lots available to housing developers.
POLICY 2.4: The county's general services department shall, pursuant to section 125.379 F.S.,
maintain an inventory of all surplus county-owned land and foreclosed properties that are appropriate
for affordable housing and dispose of these properties consistent with section 125.379 F.S. requirements.
ANALYSIS:
Consistent with state law, the Board of County Commissioners, in 2007, reviewed and
approved an inventory list of county owned properties. Of all the properties on that list,
ten were determined to be appropriate for affordable housing. The county then donated
eight of these properties to non-profit affordable housing organizations for the
construction of permanent affordable housing units. The non-profit housing
organizations which received the donated lots were: Habitat for Humanity, Every Dream
Has a Price, and the Coalition for Attainable Homes. Donating county owned surplus
lands to non-profit housing organizations will reduce the cost of affordable housing units
on the donated properties and is an appropriate affordable housing tool.
In 2010, 2013, and 2016 the county reviewed and approved associated inventory list of
county owned properties. The board determined properties to be surplus and county
directed staff to sell those properties and deposit the proceeds to the county's affordable
housing trust fund.
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RECOMMENDATION:
Policy 2.4 of the Housing Element should be maintained, and the county should continue
to keep a list of county owned surplus properties appropriate for affordable housing and
disposing of those properties.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [V] No ❑
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K. The support of development near transportation
hubs and major employment centers and mixed
use developments.
In Indian River County, the Future Land Use Map (FLUM) identifies areas appropriate
for residential development and the appropriate density for those areas. The objective of
the FLUM is to create a land use pattern that situates residential development in close
proximity to schools, health care facilities, employment centers, and major roadways.
Policy 1.9 of the housing element provides support of development near transportation
hubs, major development centers, and mixed use developments. The policy reads as
follows:
Policy 1.9: The county shall support housing development near transportation hubs,
major employment center, and mixed use development by expediting the permit process
for these types of housing projects.
ANALYSIS:
In Indian River County, the future land use map is an important tool in establishing
appropriate locations for residential development. Generally, the map provides for
residential development to be located near compatible land uses, existing neighborhoods,
and proximate to public transportation, major employment centers, and community
services. Ideally, affordable housing projects should be located near employment centers
and transportation hubs for additional savings in terms of transportation cost and travel
time. For that reason, the county supports locating affordable housing developments near
transportation hubs, major employment centers and mixed use developments by
expediting the permit process for these types of housing projects.
RECOMMENDATION:
The county should maintain housing element policy 1.9 for support of residential
developments to be located near transportation hubs, employment centers, and mixed use
developments by expediting permit review for these types of developments. At its next
Evaluation and Appraisal Report (EAR) review, the county will examine its land use
policies and land use designations to determine if such policies and designations are
appropriate for encouraging development near transportation hubs and major
employment centers.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [ Ii No ❑
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Other Housing Strategies
Besides the affordable housing incentives listed in paragraphs A through K of Section
420.9076 F.S., the county has established several other policies to assist non-profit
housing organizations to provide affordable housing throughout the county.
Community Land Trust (CLT)
Policy 4.10 of the Housing Element reads as follows:
Policy 4.10: the county shall assist non-profit housing organizations in establishing
Community Land Trusts (CLT) by providing technical support to those organizations.
One tool to provide homeownership opportunities to households that would otherwise be
renters is a Community Land Trust. A Community Land Trust (CLT) is a nonprofit
organization that seeks to preserve housing affordability over the long term. By selling
homes to low or moderate income families, but retaining ownership of the land under those
homes, a CLT preserves housing affordability even after an affordable housing unit is sold.
Generally, a CLT leases a land parcel to a homeowner for 99 years, while the homeowner
owns the structure on the land.
In the land trust model, buyers of land trust homes agree that,when they move,they will sell
their home to another low or moderate income family at an affordable price. Consequently,
resale of CLT units is limited to income eligible households, and resale prices are limited to
keep CLT units affordable for the next homebuyer. By owning the land under the house,the
land trust ensures that the subsidy is retained for the benefit of subsequent families.
Therefore, the owner of a CLT unit may share in the equity produced by the sale of a CLT
unit, but will not realize a market rate of return.
According to the Central Florida Workforce Housing Toolkit, some of the most established
CLT's are Durham, North Carolina; Burlington, Vermont; The New Town, Tempe,
Arizona; Sawmill, Albuquerque, New Mexico; Middle Key, Florida; and Hannibal Square,
Winter Park, Florida.
Generally, CLTs are used:
• In fast-growing areas, where the price of real estate is escalating rapidly. They can
be used in gentrifying areas to preserve a community's character. Limits on resale
prices ensure that some housing remains affordable,even in these areas.
• In disinvested neighborhoods, where CLTs can be used to increase owner
occupancy, decrease absentee ownership, improve the physical condition of housing
and stabilize the community. Such CLTs assist not only the buyers of the CLT
homes, but also existing homeowners in the area, who likely are lower income
families.
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• In expensive resort communities, where CLTs can provide housing for the
community's workers.
Benefits:
- Provides permanent stock of affordable&workforce housing
- Lowers housing cost
- Provides some return of equity
- Provides for deduction of mortgage interest payments
- Provides financial stability(no fear of rent increase)
- No cost to the county
Issues:
- Better for a household than renting, but not as good as traditional home
ownership
- Resale restriction limits ability of the owner to utilize full equity
- Resale formula must be prepared carefully to provide some benefit to
homeowner without making the house unaffordable for the next homebuyer
- Mechanics of resales (direct sale or through CLT) are complicated and must be
established upfront
- Payment of ad valorem taxes and insurance are additional costs that an owner of
a CLT home must incur that a renter does not
Conclusion:
A CLT is an effective method of providing affordable homeownership opportunities.
Although CLTs are generally established by private non-profit groups, local governments
usually assist non-profit housing groups which are willing to form CLTs. This assistance
may involve providing technical assistance, providing surplus properties appropriate for
affordable housing and others.
RECOMMENDATION:
The county should maintain Housing Element policy 4.10 for assisting non-profit housing
organizations seeking to establish a CLT.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [i] No ❑
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Private/Public Housing Trust Fund
Policy 4.13 of the Housing Element reads as follows:
Policy 4.13: The county shall create a new private/public housing trust fund
Generally, Housing Trust Funds are established through an ordinance or legislation passed
by a county, city, or state legislature. Two steps are necessary to create a Housing Trust
Fund. First, a revenue source must be dedicated to the Housing Trust Fund, or other
obligations(e.g., developer extractions)that create revenue must be established. Second,the
Housing Trust Fund must be created as a separate and distinct entity that can receive and
disburse funds. Currently, the county has a housing trust fund for SHIP program funds and
an HHR trust fund for HHR program funds.
A private/public housing trust fund may be established by a city or county to collect public
and private funds that may be used to assist income eligible households with the provision
of affordable housing. A private/public trust fund would be separate from a SHIP trust fund.
Benefits:
Can provide gap financing(low interest loan or grant)
- No cost to the county, unless the county decides to contribute to the trust fund
Local governments that cannot provide affordable housing within their
jurisdictions could contribute to a trust fund
Could be used as match to get other federal or state funds
Additional funding for provision of Affordable or Workforce Housing (gap
financing or leveraging other funds).
Issues:
No major issues
Conclusion:
Establishing a private/public housing trust fund could facilitate the provision of more
affordable housing. Within Indian River County, high cost barrier island towns that cannot
provide affordable housing within their jurisdiction could contribute to a private/public
affordable housing trust fund. Also, private parties, businesses, and developers could
contribute money to this trust fund.
RECOMMENDATION:
The county should maintain Housing Element policy 4.13 for its current SHIP trust fund and
in support of other trust funds that may be established in the future.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [\i] No ❑
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Community Development Corporation (CDC)
Policy 4.11 of the Housing Element reads as follows:
Policy 4.11: The county shall assist non-profit organizations in establishing Community
Development Corporations(CDC) by providing technical support to those organizations.
Community Development Corporation (CDC) is a broad term referring to not-for-profit
organizations incorporated to provide programs, offer services, and engage in other
activities that promote and support a community. CDCs usually serve a geographic location
such as a neighborhood or a town. They often focus on serving lower-income residents or
struggling neighborhoods. They can be involved in a variety of activities, including
economic development, education, and real estate development. These organizations are
often associated with the development of affordable housing.
Activities:
• Real estate development
-affordable housing
• Economic development
-small business lending
-small business technical assistance
-small business incubation (i.e. provision of space at low or no cost
to start-up businesses)
• Education
-early childhood education
-workforce training
• Non profit incubation
• Youth and leadership development
• Advocacy
• Community Planning
• Community Organizing
Benefits:
Facilitates development of affordable or workforce housing
Advocates for affordable housing
No cost to the county
Issues:
No major issues
Conclusion:
An active CDC can assist with the provision of affordable housing.
RECOMMENDATION:
The county should maintain policy 4.11 of the Housing Element for providing assistance to
any not-for-profit organization proposing to form a CDC.
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BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes ['] No ❑
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Employer Assisted Housing
Policy 4.12 of the Housing Element reads as follows:
Policy 4.12: The county shall assist employers with establishing employer assisted
housing projects by providing technical support to those employers.
Employer Assisted Housing (EAH) is an initiative where employers can assist their
employees in purchasing a home; in exchange, the employer is guaranteed that the
participating employee will remain with the firm for a designated period of time. The
employee benefits as he/she receives substantial assistance in obtaining a home. The
employer benefits as the program is an effective recruitment tool and aids in the retention of
employees.
Employers who wish to assist employees with housing can undertake any number of
activities, including: providing (or partnering with another agency to provide)
homeownership education and counseling services; providing down payment assistance,
closing cost assistance and/or second mortgage financing as grants, low or no-interest loans
or forgivable loans; offering an employee a savings plan with the employer making a
matching contribution; providing a mortgage guarantee to assist employees with securing
financing; or acquiring property to rent to employees, either at market or subsidized rates.
Employer assisted housing programs generally are used in areas where housing prices are
high and/or unemployment is low, and in areas where one employer is dominant.
Benefits:
- Provision of affordable or workforce housing
- Effective recruitment and retention tools for large private and public employers
Issues:
- Additional cost to employer
Conclusion:
Employer assisted housing is an effective program for employers to provide affordable
housing for workers and to retain those workers for longer periods.
RECOMMENDATION:
The county should maintain Housing Element policy 4.12 for assisting employers with
establishing an employer assisted housing program.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes ['J] No ❑
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New Construction Technologies
Policy 1.8 of the Housing Element reads as follows:
Policy 1.8: The county shall expedite permits for housing projects utilizing new
construction technologies, including green building programs and Energy STAR®
Program.
New construction technologies (such as modular homes, etc.) and new green building
programs may be utilized for the provision of affordable housing. In some cases, new
construction technologies can expedite the construction of new affordable homes and be
more cost effective.
Benefits:
Decreases housing cost
Expedites housing production
Issues:
None
Conclusion:
This is an effective way of reducing housing cost. Currently, the county allows new
construction technologies, including green building programs, and expedites permits for
affordable housing projects.
RECOMMENDATION:
The county should maintain Housing Element policy 1.8 for expediting permits for
affordable housing projects utilizing new construction technologies and green building
programs.
BOARD OF COUNTY COMMISSIONERS ACTION:
Board of County Commissioners Approval of the AHAC Recommendation
Yes [i] No ❑
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CONCLUSION
Since adoption of the County's Comprehensive Plan Housing Element in 1990, adoption
of the County's Affordable Housing Incentive Plan in 1994, and then adoption of the
County's EAR based amendments in 2010, the county has established and maintained a
number of affordable housing incentives. As such, Indian River County currently
provides ten of the eleven affordable housing incentives listed in items A through K of
Section 420.9076(4) F.S. For reasons explained in the analysis, the item H incentive
relating to modification of street requirements has not been adopted and is not
recommended for adoption.
In the past, the county's ten adopted affordable housing incentives have worked well in
encouraging non-profit housing organizations and for-profit affordable housing
developers to provide affordable housing.
The table below provides a summary of recommendations for items A through K of
Section 420.9076, F.S.
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Housing Incentives Summary
Items Strategy Strategy Status Recommendation
Already Proposed for Addition Not Appropriate
Implemented by the
County
A Expedited Permitting for - Maintain Housing Element Policy 1.5 for establishing
affordable housing Ni web based online permitting process
projects - Maintain Housing Element Policy 1.6 for expedited
affordable housing projects and permits
B Modification or - Maintain Housing Element Policy 4.4 regarding
alternative methods of J payment of impact fees and utilities capacity charges
impact fee payments for for income eligible households with SHIP funds
affordable housing - Maintain Housing Element Policy 4.3 for financing
projects water&sewer capacity charges
C Flexible Densities - Maintain county's affordable housing density provision
J established in Policy 2.5 of the Housing Element and
LDRs
D Reservation of - Maintain current county concurrency management
infrastructure capacity for Ni system which allows for upfront reservation of
affordable housing infrastructure capacity
projects
E Allowance for accessory - Maintain county's accessory dwelling unit provision
residential units J
F Reduction of parking and - Maintain county's reduced setbacks for affordable
setback requirements for J J* housing projects through small lot subdivision
affordable housing allowance
projects - Maintain county's parking requirements
G Flexible lot configuration - Maintain county's PD process which allows for waiver
Ni of conventional zoning standards
F\Community Development\SHIP\AHAC-Affordable Housing Advisory Committee(AHAC)\AHAC 2017\AHAC 2017 report.doc 33
Items Strategy Strategy Status Recommendation
Already Proposed for Addition Not Appropriate
Implemented by the
County
H Modification of street - Maintain the county's current street rights-of-way
requirements requirements
I Establish process for - Maintain county's current policy of preparing financial
considering before impact statements for proposed new regulations,
adoption cost effect of policies,and ordinances
new regulations,policies,
and ordinances
J Inventory of publicly - Maintain policy 2.4 of the Housing Element
owned land Ai
K Support developments - Maintain policy 1.9 of the Housing Element
near transportation hubs Ni
and major employment
centers
--- CLT Ai - Maintain policy 4.10 of the Housing Element
--- Private/Public Housing Ni - Maintain policy 4.13 of the Housing Element
Trust Fund
--- CDC Ni - Maintain policy 4.11 of the Housing Element
--- Employer Assisted ' - Maintain policy 4.12 of the Housing Element
Housing
--- New Construction 'J - Maintain policy 1.8 of the Housing Element
Technologies
*The parking reduction component of Item F is not appropriate for Indian River County.
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AHAC RECOMMENDATION:
The Affordable Housing Advisory Committee recommends that the Board of County
Commissioners approve the 2017 AHAC Report and maintain the county's current
affordable housing incentives.
Attachments
1. Section 911.14(4) of the LDRs, Density Bonus
2. Section 971.41(9) of the LDRs, Small Lot Subdivision
3. Resolution No. 2008-038 Establishing AHAC
4. Copy of Public Hearing Advertisement
5. Copy of the BCC Resolution to adopt AHAC Report Recommendations
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Attachment 1
Section 911.14(4)of the LDRs,Density Bonus.
Residential developments may receive a density bonus not to exceed twenty (20) percent of the density
permitted by the applicable zoning district. Affordable dwelling units provided in compliance with this
section, regardless of whether or not the affordable dwelling units are part of a planned development
project, shall comply with the requirements of the Indian River County Land Development Regulations
Section 911.14 and Section 971.41(9).
(3) Density.
(a) The maximum density of residential communities shall be established by the density of the underlying
land use designation.
(b) Residential communities within commercial or industrial land uses shall have a maximum density of
eight(8)dwelling units per acre.
I No residential community shall exceed the maximum permitted density as stated in (a) or (b) above
unless a density bonus meeting the provisions of section 911.14(4) is approved as part of planned
development.
(4) Density bonus.
(a) Affordable housing. Residential developments may receive a density bonus not to exceed twenty (20)
percent of the density permitted by the applicable zoning district.
1. For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which:
a. Has a market value less than two (2) times the county's annual median household income for Indian
River County as established by the Florida Housing Finance Corporation; or
b. Has a monthly rent less than one-twelfth (1/12) times thirty (30)percent of eighty (80)percent of the
county's annual median household income for Indian River County as established by the Florida Housing
Finance Corporation.
2. Affordable dwelling units provided in compliance with this section, regardless of whether or not the
affordable dwelling units are part of a planned development project, shall comply with the following
requirements:
a. The affordable dwelling unit shall remain available as an affordable dwelling unit for the following
periods:
i. Owner-occupied units shall remain affordable dwelling units for a period of not less than twenty (20)
years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final
building inspection,for the unit.
ii. Renter-occupied units shall remain affordable dwelling units for a period of not less than fifteen (15)
years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final
building inspection,for the unit;
b. Initial occupancy of an owner-occupied affordable dwelling unit shall be by a household classified as
very low-income, low-income or moderate-income whereby the classification is verified by the Indian River
County Community Development Department or an agency, either public or private, designated by the
community development department or by any state or federal public agencies.
c. Households occupying an affordable housing rental unit shall be classified as very low, low, or
moderate-income households whereby the classification is verified by the Indian River County Community
Development Department, or its designee or by any state or federal public agency,prior to the household's
occupancy of the unit. While occupying the affordable housing rental unit, a household's annual adjusted
gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred
twenty(120)percent of the county's median household income adjusted for household size.
d With respect to owner-occupied affordable dwelling units provided under the provisions of the section:
i. The owner-occupant's household annual adjusted gross median income may increase without limit
following the household's purchase of the affordable dwelling unit; and
ii. Resale of an affordable dwelling unit by the initial owner or any subsequent owner shall be subject to
one of the following provisions:
a. If the purchasing household is not verified to be either a very low, or low income household, then the
selling household shall be subject to providing a cash payment of the original loan amount and applicable
interest, to the Indian River County Local Housing Assistance Trust Fund.
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b. If the purchasing household is verified to be either a very low, or low income household, then the
selling household shall not be required to provide any payment.
e. For projects utilizing the provision of on-site or off-site affordable dwelling units, no certificate for
occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling
units certified for occupancy to affordable dwelling units certified for occupancy is equal to or greater than
the overall project's approved ratio of market rate dwelling units to affordable dwelling units.
f Prior to the issuance of a certificate of occupancy for the affordable dwelling unit(s), a separate private
deed covenant, entitled a "restriction on transfer," shall be filed in the public records of Indian River
County. The covenant shall be subject to review and approval by county staff in order to verify compliance
with the requirements of this section, and the covenant shall:
i. Idents the subject unit as an affordable dwelling unit and specify that at no time may the identified unit
be utilized as a model home, construction office or other non-residential occupancy use; and
ii. Identi the units corresponding fifteen-or twenty-year affordability timeframe; and
iii. Identify that the initial owner and each subsequent owner of an owner-occupied affordable dwelling
unit must satisfy and comply with the re-sale provision of the county's local housing assistance plan;and
iv. Identify the Board of County Commissioners of Indian River County or its community development
department or as its designee, as the agency with enforcement and verification authority to enforce the
terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and
v. Identify any additional terms or conditions relating to the provision of the affordable dwelling unit as
established by the Board of County Commissioners via its review and approval of the corresponding
planned development approval.
vi. Sped that monitoring the occupancy of the affordable dwelling unit shall be included in the
compliance monitoring activities of the county's local housing assistance program, or a suitable substitute
determined by the Indian River County Board of County Commissioners.
vii. Specify that no provision of the restrictive covenant may be amended without the consent of the Board
of County Commissioners of Indian River County.
3. An applicant may obtain a development density bonus for a planned development project in compliance
with one of the following options:
a. An applicant may obtain a density bonus by providing affordable dwelling units within the residential
development project which will utilize the density bonus. For development projects utilizing the on-site
affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as
indicated in the following table:
Very Low
Income Density
(VLQ and Low Bonus Additional Density Bonus for Providing Range of Possible Density
Income (Percent Additional Buffer and Landscaping based on Bonus Percentage (Percent
(LI)Affordable increase one of the following options(percent increase increase in allowable
Units as in in allowable units) units)
Percentage of allowable
Project's Total units).
Units
Option I Option II
Material equal to
a 20'wide Type
Material equal to a 10' B buffer*with 6'
wide Type C buffer*with opaque feature
6'opaque feature along along residential
residential district district
boundaries and 4'opaque boundaries and
feature along roadways 4'opaque feature
along roadways
More than 10% 5%or 10% 10-20%
30%
*Buffer types are identified in Chapter 926 of the county's Land Development Regulations
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b. An applicant may obtain a density bonus by providing affordable dwelling units off-site from the
residential development project which will utilize the density bonus. For development projects utilizing the
off-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as
follows:
The percentage of density bonus shall be one-half(1/2) of the applicable density bonus as determined for
on-site affordable housing projects as provided in the above table.
(5) Approval procedure and other requirements. All planned developments shall be reviewed consistent
with the requirements of Chapter 915, Planned Development.
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Attachment 2
Section 971.41(9)of the LDRs Small Lot Subdivisions.
Small lot single-family subdivisions(administrative permit):
(a) Districts requiring administrative permit approval, (pursuant to the provision of 971.04):
RS-6, RT-6, RM-6, RM-8, RM-10
(b) Criteria for small lot subdivisions:
1. The small lot subdivision shall be serviced by centralized water and wastewater.
2. The gross density of any small lot subdivision shall not exceed the maximum density allowed within the
zoning district in which the subdivision is located.
3. Perimeter lots are those lots which abut or are adjacent to areas not included in the proposed small lot
subdivision. Perimeter lots which abut property having a residential or agricultural zoning designation
shall:
a. Conform to the standard applicable size and dimension criteria of the respective zoning district in which
the project is located; or
b. Comply with the following size and dimension criteria:
Minimum lot 50 feet
width:
Minimum lot size:
5,000 sq.ft.
Minimum yard
setbacks:
Front: 20 feet
Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle
Minimum rear yard setbacks shall be provided, based upon lot width, as indicated
Rear: in the table below:
Lot Width Rear Yard
(feet) (feet)
>=50& <55 30
>=55& <60 27
>=60& <65 24
>=65& <70 22
4. Interior lots (those determined not to be perimeter lots) and those perimeter lots which abut a
property having a commercial/industrial land use designation shall comply with the following size
and dimension criteria:
Minimum lot width: 50 feet
Minimum lot size: 5,000 sq.ft.
Minimum yard setbacks:
Front: 20 feet
Side: 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle
Rear: 15 feet
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5. Accessory structures may encroach into required yards as allowed in section 911.15 of the land
development regulations.
6. In lieu of buffering requirements specified in Chapters 911 and 913, the following buffer requirements
shall apply to small lot single-family subdivision projects:
A. Buffers adjacent to collector and arterial roads. A twenty-five-foot wide Type `B"buffer with six-foot
opaque feature shall be provided along all perimeters that are adjacent to collector and arterial roads.
B. Buffers for other perimeters. A ten foot wide Type "C" buffer with three-foot opaque feature shall be
provided along all perimeters that are not adjacent to collector and arterial roads.
C. The buffer improvement(s)shall be located within a buffer easement(s) or tract(s)as designated on the
small lot subdivision plat. Said easement(s) or tract(s) shall be depicted on the final plat and shall be
dedicated to the subdivision's property owners' association to ensure maintenance of the buffer
improvements. The buffer easement improvement(s) shall be considered a required subdivision
improvement and shall be provided in accordance with the provisions of section 913.08 of the land
development regulations.
D. No structure(s), other than those related to buffering, drainage or utilities, shall be located in the
buffer easement.
7. In lieu of the green/recreation space, swale, curbing, and sidewalk requirements of Chapters 911 and
913, the following requirements shall apply:
A. A minimum seven and one-half(7.5) percent of the total project area shall be provided as green
space/recreation space. Said area may consist of preserved wetlands and or native uplands, park space,
pools, day-care space, clubhouses, ball-courts, playgrounds, play-field areas, or similar uses approved by
the community development director. Said area(s) shall be designed to be conveniently accessible and
useable by all project residents.
B. Sidewalks (minimum four foot width) shall be provided along both sides of all streets unless an
alternative design is approved by the community development director.
C. The urban service area boundary buffer and wall variation requirements of Chapter 913 shall apply to
small lot single-family subdivisions.
8. Minimum building setbacks as specified in 971.41(9)(b)3. and 4. above, shall be depicted as a
residential building envelope on the preliminary plat. Language shall be noted on the final plat to the effect
that specially-approved setbacks are in effect on the lots.
9. Workforce or affordable housing. In exchange for lot size and setback reductions, small lot single-
family subdivision projects shall meet the following workforce or affordable housing criteria:
A. All dwelling unit sales and rent prices shall be restricted for a period of at least ten(10)years from the
date of the unit's first sale(closing).
1. The initial sales price of a small lot subdivision housing unit shall not exceed three and one-half(3 1/2)
times the Indian River County annual median household income. Over the ten—year restriction period, the
sales price may be increased three (3)percent per year(compounded annually).
2. Where a small lot subdivision housing unit is rented, the monthly rental price shall not exceed the
Indian River County maximum rent by unit type for moderate income as published by the Florida Housing
Finance Corporation.
B. As an option to and in lieu of criterion "A" above, an applicant may propose an alternative to the
resale price and appreciation restriction. Any such alternative must ensure that small lot subdivision
housing units remain affordable for at least ten(10)years.An alternative to the sales price restriction shall
be structured as a deed restriction which shall apply to lots created by the small lot subdivision process.
The draft restriction shall be submitted in conjunction with the small lot subdivision preliminary plat
application and shall:
•Identft the proposed method of ensuring affordability which may include:
-Rent/price resale restriction
-Buyer income qualification
-Shared equity process
-Other
•Identfappeal/variance procedure or a prohibition of appeals/variances
•Identify a monitoring program which shall be administered by public agencies or private
organizations qualified to provide or assist with workforce or affordable housing.
The alternative shall be considered by the planning and zoning commission and evaluated under the above
criteria. The PZC is authorized to approve the alternative and attach conditions to ensure that the above
criteria are satisfied.
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C. The maximum size of each dwelling unit shall be restricted in perpetuity to one thousand five hundred
(1,500)square feet under air.
D. The restrictions required under items A. or B., and C. above shall be incorporated into deed
restrictions, running in favor of the county and any unit buyer or renter, approved by the county attorney
and filed in the public records by the project applicant. The sales price restriction shall require county
consent of the sales price prior to each closing during the ten-year restriction period. Such consent is
authorized to be made by the community development director or his designee.
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Attachment 3
•
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K.BARTON,CLERK
RESOLUTION NO. 2008 - 038
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING
THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY
COMMITTEE AND ASSIGNING TASKS TO THE COMMITTEE.
WHEREAS, Indian River County adopted Ordinance No. 93 - 13,
establishing the Indian River County Local Housing Assistance
Program; and
WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of
the Indian River County Code; and
WHEREAS, an Affordable Housing Advisory Committee was
appointed in May 18, 1993 to perform and complete the duties and
functions set forth in Section 420.9076, Florida Statutes, and
Section 308.07 of the Indian River County Code; and
WHEREAS, the 1993 Affordable Housing Advisory Committee
performed and completed all tasks referenced above and was
eventually dissolved on November 4, 2003; and
WHEREAS, the 2007 Florida Legislature, as part of the HP
1375, revised Section 420.9076.F.S. to require all Counties in the
state to establish Affordable Housing Advisory Committees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. A new Affordable Housing Advisory Committee (AHAC) is hereby
established.
2. The Affordable Housing Advisory Committee voting membership
shall be as identified in Exhibit "A" attached to this
resolution.
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A TRUE COPY
CERTIFICATION ON LAST PAGE •
J.K.BARTON,CLERK
RESOLUTION NO. 2008 - 038
3. The Affordable Housing Advisory committee non-voting
membership shall be as identified in Exhibit "B" attached to
this resolution.
4. Vacancies in membership shall be filled and approved by
majority vote of the Indian River County Board of County
Commissioners.
5. The provisions of Chapter 103, Commissions and Boards, of the
Indian River County Code shall apply to the activities of the
Affordable Housing Advisory Committee unless otherwise
specified in Section 308.07 of the Indian River County Code.
6. The Affordable Housing Advisory Committee shall have no power
or authority to commit Indian River County to any policies,
incur any financial obligation, or create any liability on
the part of the County until approved or adopted by the Board
of County Commissioners.
7. Duties of the Affordable Housing Advisory Committee include
but are not limited to:
• Providing advice to the Board of County Commissioners
regarding the provision of affordable housing and
workforce housing within the county
• Assessing new affordable housing strategies
• Reviewing and assessing the county's current affordable
housing incentives
• Reviewing the County's current policies and procedures
as related to the provision of affordable housing
2
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.K.BARTON,CLERK
RESOLUTION NO. 2008 - 038
• Reviewing the Housing Element component of the County's
Comprehensive Plan Evaluation and Appraisal Report.
• Reviewing the County's Land Development Regulations as
they relate to the provision of affordable and
workforce housing.
• Submitting a report to the Board of County
Commissioners by December 31, 2008 and each 3 years
thereafter, to recommend specific actions or
initiatives to encourage and facilitate affordable
housing while protecting the ability of property to
appreciate in value.
The foregoing resolution was offered by Commissioner Peter D. O'Bryan
and seconded by Commissioner Wesley S. Davis , and, being put to a
vote, the vote was as follows:
Chairman, Sandra L. Bowden Aye
Vice-Chairman, Wesley S. Davis Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Joseph E. Flescher Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed
and
adopted this 18`h day of March , 2008.
3
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RESOLUTION NO. 2008 - 038
INDIAN RIVER COUNTY, FLORIDA ATTEST:
BOARD OF COUNTY COr COI SIONERS D. �r
BY� .�G /,i . /�/. (�'_ � ati D. C.
San. 4 ` :owde', airman Jeffrey K. Barton, Clerk
APPROVED AS TO FORMAT
AND LEGAL SUFFFICIENCY:
/ ATE OF FLORIDA
INTDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
William G. Collins, II A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
County Attorney OFFICE
BY FFREY. ARTON,CLERK
D.C.
DATE
4
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•
RESOLUTION NO. 2008 - 038
EXHIBIT "A"
Members of the Indian River County Affordable Housing Advisory
Committee Appointed by the Indian River County Board of County
Commissioners, pursuant to Section 420.9076(2) .F.S. :
Representational Criteria
Voting Members
1. A citizen who is actively engaged in the residential home
building industry in connection with affordable housing.
2. A citizen who is actively engaged in the banking or mortgage
industry in connection with affordable housing.
3. A citizen who is a representative of those areas of labor
engaged in home building in connection with affordable
housing.
4. A citizen who is actively engaged as an advocate for low-
income persons in connection with affordable housing.
•
S. A citizen who is actively engaged as a for-profit provider of
affordable housing.
6. A citizen who is actively engaged as a not-for-profit
provider of affordable housing
7. A citizen who is actively engaged as a real estate
professional in connection with affordable housing.
8. A citizen who actively serves on the County's local planning
agency (Planning and Zoning Commission) pursuant to
S.163.3147F.S.
9. A citizen who resides within the county.
10. A citizen who represents employers within the county.
11. A citizen who represents essential services personnel, as
defined in the Local Housing Assistance plan.
1
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RESOLUTION NO. 2008 - 038
EXHIBIT "A"
Voting Members
12. A representative appointed by the City of Fellsmere
13. A representative appointed by the City of Vero Beach
14. A representative appointed by the City of Sebastian
15. A representative appointed by the Town of Indian River
Shores
16. A representative appointed by the Town of Orchid
•
EXHIBIT "B"
Non-Voting Member
Representational Criteria
1. A member of the Indian River County Board of County
Commissioners
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Attachment 4
Public Hearing Notice
Notice is hereby given that, on November 15, 2017, the Indian River County Affordable
Housing Advisory Committee (AHAC), pursuant to requirements of Section 420.9076(5),
F.S., will conduct a public hearing on the Affordable Housing Advisory Committee's
2017 Incentive Review and Recommendation Report for revisions and additions to the
county's affordable housing incentives. The AHAC report addresses all affordable
housing incentives listed in paragraphs A through K of Section 420.9076(4), F.S. As
structured, the draft AHAC report recommends keeping all of the county's current
affordable housing incentives.
Date & Time: Wednesday,November 15, 2017, at 9:30 a.m.
Place: Conference Room B1-501
County Administration Building"B"
1800 27th Street
Vero Beach, FL 32960
Reports: Copies of the AHAC Report are available at the Planning Division located at
1801 27th Street, Vero Beach, FL 32960 and at the county website at
http://www.ircgov.com/ .
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MUST CONTACT THE COUNTY'S AMERICAN'S WITH DISABILITIES ACT
(ADA) COORDINATOR AT (772) 226-1233 AT LEAST 48 HOURS IN ADVANCE
OF THE MEETING.
To be advertised on November 1, 2017, in Section "A"
Please charge to account# 10017532
Please forward two proofs of publication before public hearing date to:
Kathy Charest
Planning Department
1801 27th Street
Vero Beach, Florida 32960
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RESOLUTION NO.2017-
A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING THE INDIAN RIVER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 2017
REPORT
WHEREAS,The County,on April 6, 1993,adopted ordinance 93-13,establishing the
county's Local Housing Assistance Program pursuant to section 420.9072, Florida Statutes
and Rule 67-37,F.A.C.; and
WHEREAS, pursuant to revised Section 420.9076(4), F.S., each local government
participating in the State Housing Initiatives Partnership (SHIP) program must prepare an
Affordable Housing Advisory Committee Report that recommends to the local governing
body specific actions or initiatives to encourage or facilitate affordable housing; and
WHEREAS, the Indian River County Affordable Housing Advisory Committee
(AHAC)held a public hearing pursuant to the requirements of Section 420.9076(5),F.S.,on
November 15, 2017 to review the Affordable Housing Advisory Committee's 2017 Report;
and
WHEREAS,the AHAC at its November 15,2017 public hearing voted to recommend
that the Board of County Commissioners approve the report with some minor changes;and
WHEREAS, a copy of the Affordable Housing Advisory Committee report must be
submitted to the Florida Housing Finance Corporation by December 31,2017;and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Indian River County,Florida THAT:
Section 1.
The above recitals are ratified in their entirety.
Section 2.
The attached Indian River County Affordable Housing Advisory Committee 2017 Report is
hereby approved.
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ATTACHMENT ENT 5
RESOLUTION NO.2017-
Section 3.
Staff is directed to submit a copy of the AHAC report to the Florida Housing Finance
Corporation by December 31, 2017.
The foregoing resolution was offered by Commissioner and
seconded by Commissioner ,and being put to a vote,the vote was
as follows:
Chairman,Peter D.O'Bryan
Vice Chairman,Bob Solari
Commissioner,Joseph E. Flescher
Commissioner,Tim Zorc
Commissioner, Susan Adams
The Chairman thereupon declared the resolution duly passed and adopted this 5th day of
December,2017.
Board of County Commissioners
of Indian River County
By:
Peter D. O'Bryan,Chairman
Attest by:
Jeffrey R. Smith, Clerk of Court and Comptroller
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
BY:
Dylan Reingold
County Attorney
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