LTC 118-2020 Motion by the Affordable Housing Advisory CommitteeM IA M I BEACH
OFF ICE OF THE CITY MANAGER
NO. LTC#
TO:
118-2020
LETTE
Mayor Dan Gelber and Members ofthe City
O COMMISSION
FROM: Jimmy L. Morales, City Manager
DATE: March 2, 2020
SUBJECT: Motion by the Affordable Housing Advisory Committee
This Letter to Commission transmits a motion made at its February 18th meeting by the Affordable
Housing Advisory Committee.
The Affordable Housing Advisory Committee would like to send its onboarding package
to the Mayor and Commission as an informational guide to affordable housing and the
Committee's responsibilities.
The motion was made Roger Shields, seconded by Allison Stone and approved unanimously by
the Affordable Housing Advisory Committee.
The Affordable Housing Advisory Committee is comprised of the following members:
• Allison Stone
• Roger Shields
• Karen Fryd
• Alexander Orlofsky
• Matthew Land (absent)
• Darin Feldman (absent)
• Jeff Feldman (absent)
• Sarah Leddick
• Liliana Martinez (absent)
• Barbara Montero
• Juan Torres
• Luis Vega
• Jeremy Wilson
• Alexander Garlin
• Daniel Veitia (absent)
• Pilar Carvajal
• Sixto Acea
JL~LR/AAT
AFFORDABLE HOUSING
ADVISORY COMMITTEE (AHAC)
ONBOARDING PACKAGE
Table of Contents
Description Page#
Carver Governance Model 2
City of Miami Beach Consolidated Plan 4
SHIP Program Outline 7
Important Timelines 8
SHIP Florida Statute 9
Committee Structure 12
City Ordinance Establishing AHAC 14
AHAC Committee Guidebook 19
Residential Housing Portfolio 94
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N O N -P R O F IT P O L IC Y G O V E R N A N C E
These principles of policy governance for non-profit boards of directors are known as "The Carver Model"
and are taken from John & Miriam Carver's guide book #1.
Principle 1: The Trust in Trusteeship. The board of a nonprofit or public organization represents the
ownership of the organization. It governs on behalf of all the affected persons who are not seated at the
board table. It must therefore establish, maintain, clarify, and protect its relationship with the
organization's "owners."
Principle 2: The Board Speaks with One Voice or Not at All. In order to lead and make authoritative
decisions a board must have a single voice on any given issue. The power of boards of directors is not as
individuals, but as a group; a corporate entity entrusted by the owners with the authority to govern and
lead the organization. Diversity of viewpoints from board members must be respected and encouraged.
Rarely will votes be unanimous, however those trustees who lose a vote must accept that the board has
spoken and that its decision must be implemented as decided.
Principle 3: Board Decisions Should Predominantly Be Policy Decisions. Board policies should be
the expression of a board's soul. They should embody the board's beliefs, commitments, values and
vision. The board must address the largest or broadest values in four categories:
1. Ends. The board defines which customer results are to be achieved, for whom, and at what cost.
2. Executive limitations. The board establishes the boundaries of acceptability within which methods
and activities can responsibly be left to staff. These limiting policies apply to staff means rather
than to ends.
3. Board-staff linkage. The board clarifies the manner in which it delegates authority to staff as well
as how it evaluates staff performance on achievement of the ends and executive limitations
policies.
4. Governance process. The board determines its philosophy, its accountability, and the specifics of
its own job.
Principle 4: Boards Should Formulate Policy by Determining the Broadest Values Before
Progressing to More Narrow Ones.
• The board should resolve the broadest or larger policy issue in each category before dealing with
smaller issues in any category.
• The board should, if it wishes to address smaller levels, never skip levels but move to the next
smaller level in sequence.
• The board should grant the CEO authority to make all further choices as long as they are "within"
the board's ends and executive limitations policies.
Principle 5: A Board Should Define and Delegate, Rather Than React and Ratify. The very act of
approving things forces boards to become entangled in trivia.
Principle 6: Ends Determination Is the Pivotal Duty of Governance. The justification for any
organization lies in what difference it can make. A nonprofit organization exists so that the world in which
it operates can be a better place. The ends of an organization are the reasons for its existence. Careful,
wise selection of ends is the highest calling of trustee leadership.
Principle 7: The Board's Best Control over Staff Means Is to Limit, Not Prescribe. The distinction
between ends and means will enable the board to free itself from trivia, to delegate clearly and powerfully,
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a n d to tu rn its a tt e n tio n to the la rg e is s u e s of e n d s . Q u ite a p a rt fr o m e n d s , th e bo a rd is a ls o a c c o u n ta b le
fo r t h e w a y t h e o r g a n iz a tio n co n d u c ts its e lf. T h is is be s t d o n e by s e tt in g lim its .
Principle 8: A Board Must Explicitly Design Its Own Products and Process. It is in the policy
category of governance process that the board states what it expects of itself. This important category of
board policy deals with a portion of the board's own means: how the board will conduct itself, perform it
own job, and evaluate its own performance. Boards must enunciate and hold fast to the principles guiding
their own operation or they will appear directionless or even capricious.
Principle 9: A Board Must Forge a Linkage with Management That is Both Empowering and Safe.
No single relationship in the organization is as important as that between the board and its chief executive
officer. This relationship supercedes any relationship with other staff.
Principle 10: Performance of the CEO Must Be Monitored Rigorously, but Only Against Policy
Criteria. When the board has told its CEO to achieve certain ends without violating certain executive
limitations, monitoring performance becomes no less - and no more - than checking actual performance
against these two sets of expectations.
NINE STEPS TO IMPLEMENTING POLICY GOVERNANCE
1. Be sure that board members and the CEO understand the model.
2. Make a full board commitment to adopting the model.
3. Put the board's commitment to move ahead on paper.
4. Develop all policies except ends. (Ends will be saved until last.)
5. Adopt a single temporary ends policy.
6. Do an administrative and if necessary legal check.
7. Prepare the first few agendas for board meetings ready to go.
8. Design the first steps in connecting with the ownership.
9. Set a specific date to inaugurate the system.
Most boards take from six to twelve months to implement this process. Completing the nine steps above
means only that the real governance work can begin. Three efforts will demand the majority of board time
and energy forever. First, the ends will need continual attention in perpetuity. Second, finding ways to
gather owners' input is not easy. Third, sufficient self-evaluation and redevelopment are needed so that
board leadership can continue to improve.
The CarverGuide Series on Effective Board Governance consists of 12 booklets, two books, a newsletter
plus video and audio cassettes. Available through Jossey-Bass Publishers, 350 Sansome Street, San
Francisco, CA 94104 Phone: (800) 956-7739.
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C o n so lid a te d Pla n
BACKGROUND
The Five-Year Consolidated Plan is a federal requirement for all U.S. Department of Housing and Urban
Development (HUD) entitlement cities. The City of Miami Beach is a HUD-designated entitlement city, as
determined by the decennial census information on population growth lag, over-crowding, age of housing
stock, and poverty. The City of Miami Beach has been a Community Development Block Grant (CDBG)
entitlement community since 1975. As an entitlement community, the City automatically qualifies for an
annual allocation of federal funding under HU D's grant programs. The annual allocation of funds, or One-
Year Action Plan, is one component of the Five-Year Consolidated Plan.
FIVE-YEAR CONSOLIDATED PLAN
The Consolidated Plan and Action Plan are created using HUD's Integrated Disbursement Information
System (IDIS) program. The proposed Five-Year Consolidated Plan is the City's long-term plan on how it
intends to use federal CDBG and HOME Investment Partnership Program (HOME) entitlement funds for
the fiscal years for the term of the Plan. The Action Plan is a component of the Consolidated Plan. The
Action Plan provides a concise summary of the actions, activities, and programs that will take place during
the program year to address the priority needs and goals identified in the Consolidated Plan.
The following needs have been identified in the Consolidated Plan's needs assessment:
Affordable housing
Economic support activities assisting very low-, low- and moderate-income families
Youth programs
Elder programs
Public services
Two areas of need identified in the previous Consolidated Plan, code enforcement and façade improvement
program, were discontinued because market conditions no longer support these programs (i.e. the City
does not have a blighted neighborhood and the flood insurance requirement is cost prohibitive to operating
a façade improvement program in our City).
This plan has been prepared in accordance with HUD's national guidelines and describes our community
needs, resources, priorities, and proposed activities to be undertaken with CDBG and HOME funding. This
document must be submitted to HUD by August 16, 2018.
ANALYSIS
A maximum of 15 percent of the City's allocation, or $138,010.50 may fund public service activities. Public
service activities include meals programs, rent assistance, child care programs, etc., for income-eligible
participants.
In the FY 2017/18 Action Plan, the City funded the following public service providers:
• Boys and Girls Club of Miami-Dade
• City of Miami Beach - Homeless Outreach Team
• City of Miami Beach - Office of Community Services
• UNIDAD of Miami Beach, Inc.
The Administration is recommending re-funding these agencies in FY 2018/19 as previously approved in
Resolution 2018-30327:
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Public Services Projects Amount
Recommended
CMB - Community Services (grocery program & rent and utility emergency $86,749.20
assistance)
CMB - Homeless Outreach Team (Homeless Services) $15,772.12
Boys and Girls Club of Miami-Dade (youth aftercare and summer proarams) $28,391.34
UNIDAD of Miami Beach (Project LINK) $7,097.84
Total Public Service Allocations $138,010.50
Resolution 2018-30327 also authorized continued use of FY 2018/19 funds for City projects. The City
continues to have pressing capital needs for its own recently-acquired affordable residential properties. The
Neptune Apartments, a 35-unit residential building located at 1632 Meridian Avenue, and the Lottie
Apartments, a 9-unit residential building located at 530 75 Street, were acquired in January 2015. They
require substantial rehabilitation including, but not limited to: termite treatment; roof repair/replacement; and
kitchen and bathroom renovations. These renovations would require the temporary relocation of the
buildings' tenants. The temporary relocation costs will be charged to the federal programs.
The Neptune Apartments was previously awarded CDBG funds in the amount of $597,978. However, this
amount is insufficient as the total estimated project cost is $2,186,240. The CDBG funds requested for this
project will decrease the funding gap and allow the City to continue with the needed repairs at the project.
The Lottie Apartments was previously awarded $1,179,202.82 in CDBG and HOME funds. This amount is
sufficient to complete phase 1 of the project, however additional funds are required to complete phase 2 of
the project which includes the rehabilitation of the remaining 5 units. The HOME funds requested for this
project will decrease the funding gap and allow the City to commence with the project.
CDBG Capital Project Amount
Recommended
Neptune Apartments (renovation and temporary tenant relocation) $598,045
In addition, the Administration will contract Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.)
for the provision of HUD-mandated fair housing services. HOPE, Inc. would continue providing housing
education workshops to residents and participate in outreach events citywide. HOPE, Inc. will also provide
services to assist the City in complying with HUD-mandated Affirmatively Furthering Fair Housing (AFFH)
and Analysis of Impediments (Al). Federal Administration funds will fund this mandated service. Although
not currently funded by the City, HOPE, Inc. also investigates allegations of Fair Housing Act violations on
behalf of residents who believe they are victims of discrimination.
As previously approved, staff recommends that FY 2018/19 HOME funds address gap funding for Phase 2
of the Lottie Apartments rehabilitation. While Phase 1 addressed exterior conditions, the roof, building
accessibility and the interior of four of the building's units, Phase 2 will address the interior of the remaining
units including kitchens, floors and bathrooms. The renovations will require temporary tenant relocation
during rehabilitation.
HOME Capital Projects Amount
Recommended
Lottie Apartments (renovation and temporary tenant relocation) $475,580 - - -
The HOME Program rules require each entitlement community reserve a minimum of 15% of its annual
allocation for activities undertaken by qualified Community Housing Development Organizations
(CHDO). A CHOO is a private nonprofit, community-based service organization that has identified the
development of affordable housing as its primary mission and has the capacity to develop affordable
housing. A CHOO must meet certain requirements pertaining to its legal status, organizational structure,
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c a p a c ity a n d e x p e rie n c e . A t th is tim e , th e re is n o su c h a g e n c y w ith th is d e s ig n a tio n w ith in th e C ity . T h e
C ity re le a s e d a R e q u e s t fo r L e tt e rs o f In te n t (R F LI ) fo r C H O O s e rv ic e s o n J u n e 2 1 , 2 0 1 8 . N o re s p o n s e s
ha v e b e e n re c e iv e d . T h e re fo re , th e A d m in is tra tio n is re c o m m e n d in g th e d e fe rra l o f th e C H O O s e t a s id e ,
a p p ro x im a te ly $9 5 ,7 16 , fo r fu tu re a w a rd . H O M E p ro g ra m ru le s a llo w th e C ity tw o y e a rs to c o m m it a n d fi v e
ye a rs to e x p e n d th e s e fu n d s .
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SHIP Program Outline
1. Legislative Authority: Chapter 420, Part VII, Florida Statutes and Rule Chapter 67-37, Florida
Administrative Code
2. Purpose of Program: To provide funds to local governments as an incentive to create partnerships to
produce and preserve affordable home ownership and multifamily housing.
3. Funding: Established by the passage of the 1992 Sadowski Affordable Housing Act. Funds are
allocated on a population based formula. The minimum allocation is $350,000 and the largest allocation is
a little over $9 million. SHIP funds are distributed to all 67 counties and 51 Community Development
Block Grant (CDBG) entitlement cities.
4. Targeted Population: Very-low, low and moderate incomes.
5. Statutory Requirements for Participation by a Local Government:
• Establish a Local Housing Assistance Program
Submit a report of the local government's affordable housing programs
and accomplishments
6. Targeting of Funds:
• A minimum of 65% of funds must be spent on eligible home ownership activities.
• A minimum of 75% of funds must be spent on eligible construction activities.
• At least 30% of the funds must be reserved for very-low income households (up
to 50% of median income).
• An additional 30% of the funds may be reserved for low-income households (up to 80%
of median income).
• The remaining funds may be reserved for moderate-income households (up to120% of
median income).
• No more than 10% of SHIP funds may be used for administrative expenses.
7. Eligible Housing: SHIP funds may not be used to assist mobile homes or manufactured housing;
however, manufactured buildings with the Department of Community Affairs insignia are permitted.
8. Maximum Purchase Price or Value: Must not exceed 90% of the Average Area Purchase Price
established by the U.S. Department of Treasury or determined by the most recent 12-month period for
which sufficient statistical information is available.
9. Loan Terms: The City of Miami Beach loan documents stipulate that funds will be awarded as a
deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole
lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms.
The loan term is fifteen (15) years. For multi-family buildings, the loan term is thirty (30) years.
10. Housing Strategies: The Statute requires the program to provide the maximum flexibility to local
governments to determine the use of SHIP program funds. The City of Miami Beach offers the following
housing strategies:
o Owner Occupied Rehabilitation
o Disaster Repair
o New Construction
o Purchase Assistance with Rehabilitation
o Demolition/Reconstruction
o Emergency Repair
o Foreclosure Prevention
o Acquisition/Rehabilitation
o Land Acquisition
o Rental Development
11. Unit Production: The SHIP Program has assisted in the development or preservation of
approximately 94,000 units with approximately $676 Million in expended funds.
12. SHIP Information: May be found on the internet,at: www.floridahousing.org
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Important Timelines
June 30- SHIP Annual Report Submission to Florida Housing Finance
Corporation
May 1- Action Plan must be reviewed and approved, before submitting to
City Commission and HUD
May 1- Consolidated Plan (Every five years)- Public comment discussion
and review (Next Consolidated Plan will be due to HUD August 2023)
December 30- Triennial Report (Every three years)- Public comment
discussion and review (Next Triennial Report will be due to Florida Housing Finance Corporation before May 2022)
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SH IP Sta tute
420.9071 Definitions.-As used in ss. 420.907-420.9079, the term:
(1) "Adjusted for family size" means adjusted in a manner that results in an income eligibility level that is
lower for households having fewer than four people, or higher for households having more than four
people, than the base income eligibility determined as provided in subsection (19), subsection (20), or
subsection (28), based upon a formula established by the United States Department of Housing and
Urban Development.
(2) "Affordable" means that monthly rents or monthly mortgage payments including taxes and insurance
do not exceed 30 percent of that amount which represents the percentage of the median annual gross
income for the households as indicated in subsection (19), subsection (20), or subsection (28). However,
it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for
housing, and housing for which a household devotes more than 30 percent of its income shall be deemed
affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage
payments in excess of the 30 percent benchmark.
(3) "Affordable housing advisory committee" means the committee appointed by the governing body of a
county or eligible municipality for the purpose of recommending specific initiatives and incentives to
encourage or facilitate affordable housing as provided in s. 420.9076.
(4) "Annual gross income" means annual income as defined under the Section 8 housing assistance
payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the
recent available decennial census; or adjusted gross income as defined for purposes of reporting under
Internal Revenue Service Form 1040 for individual federal annual income tax purposes or as defined by
standard practices used in the lending industry as detailed in the local housing assistance plan and
approved by the corporation. Counties and eligible municipalities shall calculate income by annualizing
verified sources of income for the household as the amount of income to be received in a household
during the 12 months following the effective date of the determination.
(5) "Award" means a loan, grant, or subsidy funded wholly or partially by the local housing assistance
trust fund.
(6) "Community-based organization" means a nonprofit organization that has among its purposes the
provision of affordable housing to persons who have special needs or have very low income, low income,
or moderate income within a designated area, which may include a municipality, a county, or more than
one municipality or county, and maintains, through a minimum of one-third representation on the
organization's governing board, accountability to housing program beneficiaries and residents of the
designated area. A community housing development organization established pursuant to 24 C.F.R. s.
92.2 and a community development corporation created pursuant to chapter 290 are examples of
community-based organizations.
(7) "Corporation" means the Florida Housing Finance Corporation.
(8) "Eligible housing" means any real and personal property located within the county or the eligible
municipality which is designed and intended for the primary purpose of providing decent, safe, and
sanitary residential units that are designed to meet the standards of the Florida Building Code or previous
building codes adopted under chapter 553, or manufactured housing constructed after June 1994 and
installed in accordance with the installation standards for mobile or manufactured homes contained in
rules of the Department of Highway Safety and Motor Vehicles, for home ownership or rental for eligible
persons as designated by each county or eligible municipality participating in the State Housing Initiatives
Partnership Program.
(9) "Eligible municipality" means a municipality that is eligible for federal community development block
grant entitlement moneys as an entitlement community identified in 24 C.F.R. s. 570, subpart D,
Entitlement Grants, or a non-entitlement municipality that is receiving local housing distribution funds
under an interlocal agreement that provides for possession and administrative control of funds to be
transferred to the non-entitlement municipality. An eligible municipality that defers its participation in
community development block grants does not affect its eligibility for participation in the State Housing
Initiatives Partnership Program.
(10) "Eligible person" or "eligible household" means one or more natural persons or a family determined
by the county or eligible municipality to be of very low income, low income, or moderate income according
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to the income limits adjusted to family size published annually by the United States Department of
Housing and Urban Development based upon the annual gross income of the household.
(11) "Eligible sponsor" means a person or a private or public for-profit or not-for-profit entity that applies
for an award under the local housing assistance plan for the purpose of providing eligible housing for
eligible persons.
(12) "Grant means an award from the local housing assistance trust fund to an eligible sponsor or
eligible person to partially assist in the construction, rehabilitation, or financing of eligible housing or to
provide the cost of tenant or ownership qualifications without requirement for repayment as long as the
condition of award is maintained.
(13) "Loan" means an award from the local housing assistance trust fund to an eligible sponsor or
eligible person to partially finance the acquisition, construction, or rehabilitation of eligible housing with
requirement for repayment or provision for forgiveness of repayment if the condition of the award is
maintained.
(14) "Local housing assistance plan" means a concise description of the local housing assistance
strategies and local housing incentive strategies adopted by local government resolution with an
explanation of the way in which the program meets the requirements of ss. 420.907-420.9079 and
corporation rule.
(15) "Local housing assistance strategies" means the housing construction, rehabilitation, repair, or
finance program implemented by a participating county or eligible municipality with the local housing
distribution or other funds deposited into the local housing assistance trust fund.
(16) "Local housing incentive strategies" means local regulatory reform or incentive programs to
encourage or facilitate affordable housing production, which include at a minimum, assurance that
permits for affordable housing projects are expedited to a greater degree than other projects, as provided
in s. 163.3177(6)(f)3.; an ongoing process for review of local policies, ordinances, regulations, and plan
provisions that increase the cost of housing prior to their adoption; and a schedule for implementing the
incentive strategies. Local housing incentive strategies may also include other regulatory reforms, such
as those enumerated in s. 420.9076 or those recommended by the affordable housing advisory
committee in its triennial evaluation of the implementation of affordable housing incentives, and adopted
by the local governing body.
(17) "Local housing distributions" means the proceeds of the taxes collected under chapter 201
deposited into the Local Government Housing Trust Fund and distributed to counties and eligible
municipalities participating in the State Housing Initiatives Partnership Program pursuant to s. 420.9073.
(18) "Local housing partnership" means the implementation of the local housing assistance plan in a
manner that involves the applicable county or eligible municipality, lending institutions, housing builders
and developers, real estate professionals, advocates for low-income persons, community-based housing
and service organizations, and providers of professional services relating to affordable housing. The term
includes initiatives to provide support services for housing program beneficiaries such as training to
prepare persons for the responsibility of homeownership, counseling of tenants, and the establishing of
support services such as day care, health care, and transportation.
(19) "Low-income person" or "low-income household" means one or more natural persons or a family
that has a total annual gross household income that does not exceed 80 percent of the median annual
income adjusted for family size for households within the metropolitan statistical area, the county, or the
nonmetropolitan median for the state, whichever amount is greatest. With respect to rental units, the low-
income household's annual income at the time of initial occupancy may not exceed 80 percent of the
area's median income adjusted for family size. While occupying the rental unit, a low-income household's
annual income may increase to an amount not to exceed 140 percent of 80 percent of the area's median
income adjusted for family size.
(20) "Moderate-income person" or "moderate-income household" means one or more natural persons or
a family that has a total annual gross household income that does not exceed 120 percent of the median
annual income adjusted for family size for households within the metropolitan statistical area, the county,
or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the
moderate-income household's annual income at the time of initial occupancy may not exceed 120 percent
of the area's median income adjusted for family size. While occupying the rental unit, a moderate-income
household's annual income may increase to an amount not to exceed 140 percent of 120 percent of the
area's median income adjusted for family size.
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(21) "Personal property" means major appliances, including a freestanding refrigerator or stove, to be
identified on the encumbering documents.
(22) "Plan amendment" means the addition or deletion of a local housing assistance strategy or local
housing incentive strategy. Plan amendments must at all times maintain consistency with program
requirements and must be submitted to the corporation for review pursuant to s. 420.9072(3). Technical
or clarifying revisions may not be considered plan amendments but must be transmitted to the corporation
for purposes of notification.
(23) "Population" means the latest official state estimate of population certified pursuant to s. 186.901
prior to the beginning of the state fiscal year.
(24) "Program income" means the proceeds derived from interest earned on or investment of the local
housing distribution and other funds deposited into the local housing assistance trust fund, proceeds from
loan repayments, recycled funds, and all other income derived from use of funds deposited in the local
housing assistance trust fund. It does not include recaptured funds as defined in subsection (25).
(25) "Recaptured funds" means funds that are recouped by a county or eligible municipality in
accordance with the recapture provisions of its local housing assistance plan pursuant to s. 420.9075(5)0)
from eligible persons or eligible sponsors, which funds were not used for assistance to an eligible
household for an eligible activity, when there is a default on the terms of a grant award or loan award.
(26) "Rent subsidies" means ongoing monthly rental assistance.
(27) "Sales price" or "value" means, in the case of acquisition of an existing or newly constructed unit,
the amount on the executed sales contract. For eligible persons who are building a unit on land that they
own, the sales price is determined by an appraisal performed by a state-certified appraiser. The appraisal
must include the value of the land and the improvements using the after-construction value of the
property and must be dated within 12 months of the date construction is to commence. The sales price of
any unit must include the value of the land in order to qualify as eligible housing as defined in subsection
(8). In the case of rehabilitation or emergency repair of an existing unit that does not create additional
living space, sales price or value means the value of the real property, as determined by an appraisal
performed by a state-certified appraiser and dated within 12 months of the date construction is to
commence or the assessed value of the real property as determined by the county property appraiser. In
the case of rehabilitation of an existing unit that includes the addition of new living space, sales price or
value means the value of the real property, as determined by an appraisal performed by a state-certified
appraiser and dated within 12 months of the date construction is to commence or the assessed value of
the real property as determined by the county property appraiser, plus the cost of the improvements in
either case.
(28) "Very-low-income person" or "very-low-income household" means one or more natural persons or a
family that has a total annual gross household income that does not exceed 50 percent of the median
annual income adjusted for family size for households within the metropolitan statistical area, the county,
or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the very-
low-income household's annual income at the time of initial occupancy may not exceed 50 percent of the
area's median income adjusted for family size. While occupying the rental unit, a very-low-income
household's annual income may increase to an amount not to exceed 140 percent of 50 percent of the
area's median income adjusted for family size.
(29) "Assisted housing" or "assisted housing development" means a rental housing development,
including rental housing in a mixed-use development, that received or currently receives funding from any
federal or state housing program.
(30) "Preservation" means actions taken to keep rents in existing assisted housing affordable for
extremely-low-income, very-low-income, low-income, and moderate-income households while ensuring
that the property stays in good physical and financial condition for an extended period.
History.-s. 32, ch. 92-317; s. 12, ch. 93-181; s. 3, ch. 96-332; s. 1046, ch. 97-103; s. 34, ch. 97-167; s.
14,ch. 98-56; s. 14,ch.2000-353;s.21, ch.2006-69;s.26,ch.2009-96;s. 12,ch.2011-15;s.66,ch.
2011-139; s. 8, ch. 2016-210.
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M IA M I BEACH
Boards and Committees Current Members
Affordable Housing Advisory Committee
Composition:
The Committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct appointments, one made by the Mayor and
each Commissioner.
The direct appointee shall either be:
(i) a resident of a locally designated community development target area for a minimum of six months; or
(ii) demonstrate ownership/interest for a minimum of six months in a business established in a locally designated
community development target area for a minimum of six months.
Sec. 2-167
The remaining eleven (11) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows:
1. One citizen actively engaged in the residential home building industry in connection with affordable housing;
2. One citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing;
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable
housing;
4. One citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
5. One citizen actively engaged as a for-profit provider of affordable housing;
6. One citizen actively engaged as a not-for-profit provider of affordable housing;
7. One citizen actively engaged as a real estate professional in connection with affordable housing;
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute § 163.3174 (Planning Board
member);
9. One citizen who resides within the jurisdiction of the local governing body making the appointments;
10 . One citizen who represents employers within the jurisdiction;
11. One citizen who represents essential services personnel, as defined in the local housing assistance plan.
If the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed.
City Liaison: Alba Tarre
Vacancy:
Vacant (5) For Profit Provider 12/31/2020 City Commission
Vacant (3) Represents Areas of Labor 12/31/2020 City Commission
In Connection with Affordable
Housing
Members:
First Name Last Name Position/Title: Term Ends: Appointed by: Term Limit:
Alexander Orlofsky 12/31/2019 Commissioner Micky Steinberg 12/31/2021
Allison Stone (1 O) Represents Employers 12/31/2019 City Commission 12/31/2023
With Jurisdiction
Barbara Montero (9) Resides with Jurisdiction of 12/31/2020 City Commission 12/31/2023
Local Governing Body
Daniel Veitia (8) Actively Serves on Local 12/31/2020 City Commission 12/31/2024
Planning Agency
Darin Feldman (7) Real Estate Professional 12/31/2019 City Commission 12/31/2023
Jeffrey Feldman 12/31/2019 Commissioner John Elizabeth 12/31/2025
Alemán
Jeremy Wilson (11) Represents Essential 12/31/2020 City Commission 12/31/2024
Services Personnel
Juan Torres (2) Actively Engaged in 12/31/2020 City Commission 12/31/2024
Banking/Mortgage Industry
Karen Fryd 12/31/2020 Commissioner Mark Samuelian 12/31/2025
Liliana Martinez 12/31/2019 Commissioner Michael 12/31/2025
Góngora
Luis Vega 12/31/2020 Mayor Dan Gelber 12/31/2025
Friday, April 12, 2019 12 50f57
First Nam e Last Nam e
Matthew Land
Pilar Carvajal
Roger Shields
Sarah Leddick
Sixto Acea
Applicants
Position/Title: Term Ends: Appointed by: Term Limit:
(4) Low-Income Advocate
(1) Residential Home Building
(6) Not for Profit
12/31/2019
12/31/2020
12/31/2020
12/31/2019
12/31/2019
City Commission
City Commission
12/31/2023
12/31/2021
Commissioner Ricky Arriola 12/31/2023
Commissioner KRG/Malakoff 12/31/2023
City Commission 12/31/2021
Alexander Garlin
Beth Butler
Charles Smith
Diane Destefano
Elsa Urquiza
Francis Trullenue
Howard Weiss
Jamie Maniscalco
John Wilson
Josephine Pampanas
Lisett Fernandez
Mayela Mueller
Miguel Brizuela
Seth Feuer
Stephen Bernstein
timothy johnson
Applicants
Barbara Gotlinsky
Britta Hanson
Craig Smith
Diego Machado
Eric Lawrence
Guy Simani
Ian Bacheikov
Janie Hayes
Jordan Nadel
Juan Rojas
Lori Bakkum
Mendy Lieberman
Mitchell Korus
Stanley Shapiro
Tatyana Nekhlyudov
Zachary Cohen
Applicants
Barry Klein
Carol Housen
Dale Gratz
Dr. Barry Ragone
Frances Martinez
Helen Swartz
Jackson Keddell
Jesse Fleet
Joseph Landesman
Lawrence Raab
Lucia Lietsch
Michael Feldman
Prakash Kumar
Stephanie Berman
Tessa 1682 jefferson av 130
Friday, April 12, 2019 1360f-57-
O R D IN A N C E N O . 2014-3841
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE
CITY CODE, ENTITLED "ADMINISTRATION," BY AMENDING
ARTICLE Ill, ENTITLED "AGENCIES, BOARDS AND COMMITTEES"
TO STREAMLINE THE CITY'S BOARDS BY EXPANDING THE
POWERS, DUTIES AND/OR MEMBERSHIP OF CERTAIN AGENCIES,
BOARDS AND COMMITTEES AND ABOLISHING THOSE THAT ARE
SUPERSEDED BY THE ENHANCED AGENCIES, BOARDS, AND
COMMITTEES; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City's various agencies, boards, and committees established in
Chapter 2 of the City Code serve many important public functions; and
WHEREAS, in order to provide greater efficiency and to streamline the
functioning of City boards, the Mayor and City Commission deem it in the best interest
of the City to expand the powers, duties and/or membership of certain City boards and
to abolish those boards that are superseded by the enhanced agencies, boards and
committees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 2,
ARTICLE III OF THE CODE OF THE CITY OF MIAMI BEACH IS AMENDED AS
FOLLOWS:
SECTION 1. That Article 111 of Chapter 2of the Code of the City Mi ami Beach is hereby
amended as follows:
1.) Division 3, entitled "Beautification Committee, Section 2-36 thereof, is
deleted in its entirety.
* * *
2.) Division 8, entitled "Golf Advisory Committee," Section 2-36 thereof, is
deleted in its entirety.
* * *
3.) Division 12, entitled "Loan Review Committee," Section 2-166 thereof, is
deleted in its entirety.
14
4.) D ivision 12 .5 , entitled "Affordable Housing Advisory Committee," Section
2-167 thereof, is amended as follows:
Sec. 2-167. Established; purpose; powers and duties; composition.
(a) Established. There is hereby established the affordable housing
advisory committee, whose purposes, power and duties, composition,
membership qualifications and general governing regulations are set forth
in this section.
(b) Purpose. The affordable housing advisory committee is herein
created pursuant to and in accordance with F.S. § 420.9076 requiring said
committee to triennially review the established policies and procedures,
ordinances, land development regulations, and adopted local government
comprehensive plan of the City of Miami Beach and to recommend
specific actions or initiatives to encourage or facilitate the development
and/or retention of affordable housing while protecting the ability of
property to appreciate in value.
The committee shall also review applications for funding the rehabilitation
of residential properties, under the provisions of the Multifamily Housing
Rehabilitation Guidelines, as approved pursuant to Resolution No. 95-
21728, and as may be amended from time to time, and such review shall
include property qualifications and eligibility of applicants. The committee
shall recommend approval of qualified applications to the City Manager,
and Mayor and City Commission.
In addition, the committee shall serve as an advisory body, representing
all residents of the city, especially those directly affected by the
consolidated plan__ which wil]encompass CDBG,_HOME and ESGP funds,
and the Section 108 Loan Guarantee Program, to provide input regarding
all phases of the community development program, and to effectuate and
encourage citizen participation from all individuals, especially low and
moderate income persons and residents of community development target
areas.
2
15
(c) Powers and duties.
1. The powers and duties of the affordable housing advisory
committee, pursuant to F.S. § 420.9076, are to submit a report to
the Miami Beach Gçity Ccommission that includes
recommendations on, and triennially thereafter, evaluate the
implementation of, affordable housing incentives in the areas as set
forth specifically within F.S. $ 420.9076(4)(a)-(k). The advisory
committee's recommendations may also include other affordable
housing incentives identified by the advisory committee. The
approval by the advisory committee of its local housing incentive
strategies recommendations and its review of local government
implementation of previously recommended strategies must be
made by affirmative vote of a majority of the membership of. the
advisory committee taken at a public meeting. All remaining
procedural requirements attendant to the advisory committee's
recommendations as set forth within F.S. § 420.9076 shall apply.
The advisory committee-may perform other related duties-at the
request of the city commission.
2 The advisory committee shall review applications for funding
the rehabilitation of residential properties under the
provisions of the city's Multi-family Housing Rehabilitation
Programs Guidelines (as approved pursuant to Resolution
No. 95-21728, and as may be amended from time to time),
and recommend approval of qualified applications to the city
manager and city commission (which recommendations shall
be advisory and not binding upon the manager or the city
commission)
3. The advisory committee shall advise the city manager and
city commission with regard to the formation of the City's
Fiye (5) Year Consolidated Plan to assess the city's
affordable housing and community development needs;
provided, however, that the committee will not have the
power to make administrative decisions nor direct city staffs
actions.
4. In addition, the committee shall serve as an advisory body,
representing all residents of the city, especially those directly
affected by the consolidated plan, which will encompass
CDBG, HOME and ESGP funds, and the Section 108 Loan
-3--
16
Guarantee Program, to provide input regarding all phases of
the community development program, and to effectuate and
encourage citizen participation from all individuals, especially
low and moderate income persons and residents of
community development target areas.
5. The advisory committee may perform other related duties, at
the request of the city manager or the city commission.
(d) Composition. The affordable housing advisory committee shall
consist of 11 eighteen (1fil voting members with two-year terms.
+Re-Seven (7) members of the affordable housing advisory
committee shall be direct appointments, one made by the mayor
and each commissioner.The direct appointees shall either be;
ill a resident of a locally designated community
development target area for a minimum of six months;
or
(ii) demonstrate ownership/interest for a minimum of six
months in a business established in a locally
designated community development target area for a
minimum of six months.
tThe remaining eleven (11) members shall be appointed at large by
a majority vote of the mayor and city commission. The committee at
large appointees must include:
1. One citizen who is actively engaged in the residential home
building industry in connection with affordable housing.
2. One citizen who is actively engaged in the banking or
mortgage banking industry in connection with affordable
housing.
3. One citizen who is a representative of those areas of labor
actively engaged in home building in connection with
affordable housing.
4. One citizen who is actively engaged as an advocate for low-
income persons in connection with affordable housing.
5. One citizen who is actively engaged as a for-profit provider
of affordable housing.
-4--
17
th r o u g h 2 -1 9 0 .1 2 6 th er e of , is h e r e b y d e le t e d in it s e n t ir e t y .
1 4 .) D iv is io n 2 8 , e n t it le d "Capital Improvement Projects Oversight Committee,"
Section 2-190.127 thereof, is hereby deleted in its entirety.
15.) Division 29, entitled "Debarment Committee," Sections 2-190.128 through
2-190.133 thereof, is hereby deleted in its entirety.
16.) Division 33, entitled "Tennis Advisory Committee" Section 2-190.148
thereof, is hereby deleted in its entirety.
17.) Division 34, entitled "Bicycle-Pedestrian Facilities Advisory Committee,"
Sections 2-190.149 through 2-190.153 thereof, is hereby deleted in its entirety.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this Ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance
may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section," article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 31° day of May, 2014.
PASSED AND ADOPTED this 2/_ day or he r ¿g r y _,2014.
7
Philip Le
à \ "'(. ~1,
(Sponsored by Commissitnér, J6y 1jaiekoff): 3
è«TroruRNoRDíANcoarasraailGC$ 4pa,qgspi # É]
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h . . , .. - .. ---., ... ··:.J-4. "".:;ï
~
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DD - .>
' Description of other boards is omitted, but a he@ #e statute.
Rafael E. Granado, City APPRO VED AS TO
FO RM & LA NG UAG E
UTION
I +
/Y ;e. '"-=J,,"p¡- '2 w I 'j
18
A fford a b le H ousin g In centive S trateg ies :
A Guidebook for Affordable Housing Advisory
Committee Members and Local Government Staff
73 Fj»
g"y ,
E Ji _ ] Ig
. - . -., .1 9i»
19
Table of Contents
I. Introduction to the Guidebook 4
Purpose of the guidebook ...... 4
Intended audience 4
Section overview
II. Florida Comprehensive Plan Housing Element and Incentive Strategies Overview
Local Comprehensive Plan Housing Element
5
6
6
Affordable housing incentive strategies 7
Ill. Affordable Housing Advisory Committee Overview 9
Affordable Housing Advisory Committee (AHA() 9
Committee composition ......... 9
Local government program staff 10
Roles and responsibilities of the AHAC 11
IV. Preparing the AHAC Report 13
Reviewing local plans and codes 13
Encouraging input from all AHAC members 13
Consensus decision making
Conducting a SHIP survey and incorporating results
V. Steps in the Review Process
Meetings
Draft the report
.. 14
14
. 16
16
16
Approve recommendations at a public hearing 16
Submit report to local governing body 16
Submit report to the Florida Housing Finance Corporation
VI. The AHAC Report Ti meline
17
.. 18
Review of deadlines 18
Public notice requirements 18
Scheduling and organizing the public hearing 19
Suggested meetings .
Coordinating with the LHAP timeline
19
20
VII. General Recommendations and Requirements for Incentive Strategies 21
General recommendations for incentive strategies 21
Statutory requirements for incentive plans
What qualifies as an "affordable housing project"?
24
24
Examples of how some local jurisdictions certify 25
VIII. Incentive Strategies: Details and Examples 27
2-
20
S trate g y : Ex p e d ite d p ro ce ss o f d e v e lo p m e n t ap p ro v als 28
Strate g y : Im p a ct fe e m o d ifi c atio n s, w aiv e rs o r re im b u rse m e n t 3 1
Strate g y : Fle x ib ility in d e n sity 35
Strate g y : R e se rv atio n o f in fr astru c tu re ca p a c ity 4 1
S trate g y : A cc e sso ry d w e llin g u n its 4 3
S trate g y : R e d u c tio n o f p a rk in g an d se tb a c k re q u ire m e n ts 4 7
S trate g y : Fle x ib le lo t co n sid e ratio n s
S trate g y : M o d ifi c atio n o f stre e t re q u ire m e n ts
S trate g y : O n g o in g re g u la to ry re v ie w p ro ce ss
49
so
52
Strategy: Surplus lands inventory 54
Strategy: Transportation hubs and transit-oriented development 58
IX. Distinguishing Between the AHAC Report and the LHAP 61
Recommendations ofthe AHAC Report are incorporated into the LHAP 61
Compare and contrast AHAC and LHAP
Overview of the 3-year LHAP update
LHAP approval process
X. Beyond Incentive Strategies: Other Possible AHAC Responsibilities
Review or propose new strategies
Enhance existing strategies
Community outreach and feedback
Monitor ongoing assistance
61
61
......... 63
64
64
.. 64
64
. 65
Provide input on SHIP procedures 65
XI. Appendix 66
Frequently asked questions 66
AHAC Report template
Glossary
State Housing Initiatives Partnership
......... 69
73
76
The Florida Housing Coalition has produced this guidebook with funding from the Florida Housing Finance
Corporation's Catalyst Program. The views expressed in this book do not necessarily reflect the views of the
Florida Housing Finance Corporation.
ra Mt . .
on6 1ousins
F i n c n c e C o r p o r a t i o n
we make housing affordable
3-
21
I. Introduction to the Guidebook
Purpose of the guidebook
Regulatory reform and a program of incentives are powerful tools for attracting private-sector development of
affordable housing. Every city and county that receives funding from the State Housing Initiatives Partnership
(SHIP) program is statutorily required to assemble an Affordable Housing Advisory Committee (AHAC) for this
purpose.
The core requirement of the AHAC is to recommend housing strategies developed to incentivize the production
of affordable housing. Those recommendations are submitted to the local elected body for approval. Upon
adoption, these recommendations become part of the Local Housing Assistance Plan (LHAP).
This guidebook addresses the AHAC process from forming the committee, through submitting its report, to
triennially evaluating implementation. It provides information on the specific incentive strategies that the AHAC
is required to consider. It also provides examples from AHAC Reports and offers best practices for engaging in
policy discussions and developing implementation strategies.
While there are many SHIP workshops, webinars, and publications devoted to spending SHIP funds, this guidebook
focuses on incentives to attract developers who will build affordable housing.
Intended audience
Included among those who are specifically addressed by this guidebook are:
• AHAC Members;
• Local Government Planning Staff;
• SHIP Administrators;
• Local Government Administrators and Elected Officials; and,
• Affordable Housing Stakeholders.
The guidebook offers Affordable Housing Advisory Committee members an orientation to their statutory
responsibilities. It also provides detail on each incentive strategy that must be considered by the AHAC.
Local government Planning Departments and City and County Managers and Administrators are key to the
implementation of the affordable housing incentive strategies, and therefore will also benefit from this guidebook.
Finally, the guidebook provides SHIP staff members with the information they need to assemble an advisory
committee, consider a variety of possible incentives, draft the report, and submit recommendations to City or
County Commissioners.
The SHIP statute requires that the AHAC receive staff support from local government departments with authority
to administer local planning and housing programs to ensure an integrated approach to the work of the advisory
committee. This guidebook will help all those involved with the process to provide the best possible incentive
strategies for their community.
4-
22
Section overview
The remaining sections of this guidebook are briefly described below.
II. Florida Comprehensive Plan Housing Element and Incentive Strategies Overview: This section of the guidebook
explains the connection between the Comprehensive Plan Housing Element requirements and the incentive
strategies that encourage the development of affordable housing.
Ill. Affordable Housing Advisory Committee Overview: This section describes the statutory requirements for the
AHAC, including structure, membership composition, and responsibilities.
IV. Preparing the AHAC Report: This section provides strategies and best practices for preparing the AHAC Report.
V. Steps in the Review Process: This section lays out the tasks by which the Affordable Housing Advisory
Committee writes, approves, and submits the AHAC Report.
VI. The AHAC Report Ti meline: This section identifies mandated deadlines and discusses the ti meline for producing
the AHAC Report.
VII. Overview of Incentive Strategies: This section lays out general recommendations and requirements for
incorporation of incentives.
VIII. Incentive Strategies: Details and Examples: This section provides a detailed description and examples of each
incentive strategy that the AHAC must consider.
IX. Distinguishing between the AHAC Report and the LHAP: This section explains the relationship between the
AHAC Report and the LHAP and addresses amendment of the LHAP to include the adopted AHAC
recommendations.
X. Beyond Incentive Strategies: This section addresses the AHAC responsibilities which may be assigned in addition
to consideration of the strategies required. For example, some AHACs research and recommend strategies other
than those found in the SHIP Statute and provide guidance to housing partners, in addition to other work.
XI. Appendix:
1. Frequently asked questions;
2. AHAC Report template;
3. Glossary; and,
4. State Housing Initiatives Partnership.
-5-
23
II. F lo r id a C o m p r e h e n s iv e P la n H o u s in g
E le m e n t a n d In c e n t iv e S t r a t e g ie s O v e rv ie w
Local C om prehensive Plan H o using Ele m ent
Each local government's comprehensive plan includes a housing
element, which requires that it provide for housing all its current
and anticipated populations, including special needs populations.
Part of this mandate is having adequate sites for affordable
housing, at Florida Statutes, Sec. 163.3177 (6) (1).
The Housing Element requirement, originally part of the 1985
Growth Management Act, remaining in force as part of the
subsequently adopted Community Planning Act 0f 2011, requires
that every local jurisdiction provide for housing its current and
anticipated populations. In 1992, in part due to the concern of
local elected officials that the housing element constituted an
unfunded mandate, the legislature enacted the William E.
Sadowski Affordable Housing Act (Sadowski Act).
The Sadowski Act created a dedicated revenue source for
affordable housing that would assist local governments in meeting
their housing element requirements. The dedicated revenue
source was funded by an increase in the documentary stamp tax
collected on deeds. The local housing trust fund portion of the
Sadowski Act funds the State Housing Initiatives Partnership
program, which provides money to every eligible county and
entitlement city in Florida to assist in the implementation of their
housing elements. The Sadowski Act was supported by a diverse
combination of eleven statewide interest organizations, including
industry groups such as the Florida Realtors and the Florida Home
Builders Association (FHBA). The requirement for regulatory
reform by an incentives program was part of the package that won
the FHBA support of the Sadowski Act. The list of regulatory
incentives that are statutorily required to be considered by the
AHAC was the best thinking of these eleven statewide
organizations and the bill sponsors. The two incentives that are
required to be in place in all SHIP jurisdictions (expedited
permitting and an ongoing process of review, described in detail
in this guidebook) were a "must have" to ensure the FHBA
support.
The comprehensive plan can be modified to reflect the
development trends of a community. Plans should always be
changed strategically to support and improve access to affordable
housing.
Florida Statutes, Sec.
163.3177 (6) (f), pro vi des
that local govern m ent
com prehensive plans
shall include:
l. A housing element consisting of
principles, guidelines, standards, and
strategies to be followed in:
a. The provision of housing for all
current and anticipated future
residents of the jurisdiction.
b. The elimination of substandard
dwelling conditions.
c. The structural and aesthetic
improvement of existing housing.
d. The provision of adequate sites for
future housing, including affordable
workforce housing as defined in Florida
Statutes, Sec. 380.0651 (3) (h), housing
for low-income, very low-income, and
moderate-income families, mobile
homes, and group home facilities and
foster care facilities, with supporting
infrastructure and public facilities. The
element may include provisions that
specifically address affordable housing
for persons 60 years of age or older.
Real property that is conveyed to a
local government for affordable
housing under this sub-subparagraph
shall be disposed of by the local
government pursuant to Florida
Statutes, Sec. 125.379 or Florida
Statutes, Sec. 166.0451.
e. Provision for relocation housing and
identification of historically significant
and other housing for purposes of
conservation, rehabilitation, or
replacement.
f. The formulation of housing
implementation programs.
g. The creation or preservation of
affordable housing to minimize the
need for additional local services and
avoid the concentration of affordable
housing units only in specific areas of
the jurisdiction.
6-
24
Affordable housing incentive strategies
Regulatory incentives are a valuable tool for facilitating private sector development of affordable housing. The
local government housing element does not mean that local government is expected to build the necessary
housing, but it must create an environment that is favorable to development by the private sector. Regulatory
incentives are designed to increase the likelihood that developers will build affordable housing in the community.
The incentives are tied to the local government's land use authority and land development planning efforts. They
are part of the government's power to carry out laws for the health and safety of residents, and its obligation to
meet fair housing and affordable housing laws.
Affordable housing incentive strategies
The first sentence of the SHIP Statute, at Florida Statutes, Sec. 420.9072, states that SHIP "is created for
the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of
local housing partnerships, to expand production of and preserve affordable housing, to further the
housing element of the local government comprehensive plan specific to affordable housing, and to
increase housing-related employment."
The SHIP program mandates that all municipalities receiving SHIP funds establish local initiatives that foster
affordable housing development. To guide advisory committees, the SHIP Statute provides eleven affordable
housing incentives; each strategy must be considered by the AHAC. Florida Statutes, Sec. 420.9076 (4):
(a) Expediting processing approvals of development orders or permits for affordable housing projects
over other housing projects.
(b) Modifying impact-fee requirements, including reduction or waiver of fees and alternative methods of
fee payment for affordable housing.
(c) Allowing flexibility in densities for affordable housing.
(d) Reserving infrastructure capacity for housing for very low-income persons, low-income persons, and
moderate-income persons.
(e) Allowing affordable accessory residential units in residential zoning districts.
(f) Reducing parking and setback requirements for affordable housing.
(g) Allowing flexible lot configurations, including zero-lot-line configurations for affordable housing.
(h) Modifying street requirements for affordable housing.
(i) Establishing a process by which a local government considers, before adoption, policies, procedures,
ordinances, regulations, or plan provisions that increase the cost of housing.
U) Preparing a printed inventory of locally owned public lands suitable for affordable housing.
(k) Supporting development near transportation hubs and major employment centers and mixed-use
developments.
Not all these incentives are equally important or relevant to a particular SHIP jurisdiction. The guidebook
emphasizes those incentives that are valuable to most jurisdictions. The two most important incentives are the
required two that must be adopted as a threshold for receiving funding: (a.) expedited permitting and (i.)
establishing a process by which a local government considers, before adoption, policies, procedures, ordinances,
regulations, or plan provisions that increase the cost of housing.
7--
25
S t r a t e g y (e .) Is w o r t h n o t in g , re g a r d in g a f fo r d a b le a c c e s s o r y re s id e n t ia l u n it s . A lt h o u g h it is n o t re q u ir e d t o b e
a d o p t e d , it is s t ro n g ly e n c o u r a g e d b y t h e F lo r id a le g is la t u r e . F lo r id a S t a t u t e s , S e c .1 6 3 .3 1 77 1. S t r a t e g y O.), an
inventory of locally owned public lands, was codified in the Florida Statutes in 2007. Commonly referred to as the
Surplus Land Law, it is outlined in Florida Statutes, Sec. 125.379 for counties and Sec. 166.0451 for municipalities.
8
26
Ill. Affordable Housing Advisory Committee Overview
Affordable Housing Advisory Committee (AHAC)
A SHIP jurisdiction is statutorily required to assemble the initial Affordable Housing Advisory Committee when it
first begins receiving SHIP funds. It is then required to convene the AHAC to review its earlier plan and complete
a Housing Incentive Strategies report that recommends affordable housing regulatory incentives. Only
jurisdictions receiving $350,000 or less in SHIP funding are exempt from the triennial review.
The work of the AHAC is summarized in this excerpt from the Florida Statutes:
"Recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting
the ability of the property to appreciate in value. The recommendations may include the modification or
repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of
exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations,
ordinances, or plan provisions."
Sec. 420.9076, Florida Statutes, outlines AHAC requirements, including the deadlines for assembling a committee,
considering specific incentive strategies, and submitting a report.
There are other tasks that AHAC members may undertake, but the information presented in this guidebook
focuses on the AHAC's primary responsibility and only statutorily required task, completing the triennial Housing
Incentive Strategies report.
Committee composition
Sec. 420.9076 (2), Florida Statutes, provides details on the AHAC committee composition. The AHAC must have at
least eight members representing at least six categories identified in the statute. However, local governments may
elect to have up to eleven committee members.
AHAC members should be appointed by the governing body of the local government, but do not have to be
adopted by resolution. Representatives are to be selected from the following categories:
(a) Citizen who is actively engaged in the residential home building industry in connection with affordable
housing.
(b) Citizen who is actively engaged in the banking or mortgage banking industry in connection with
affordable housing.
(c) Citizen who is a representative of those areas of labor actively engaged in home building in connection
with affordable housing.
(d) Citizen who is actively engaged as an advocate for low-income persons in connection with affordable
housing.
(e) Citizen who is actively engaged as a for-profit provider of affordable housing.
(f) Citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) Citizen who is actively engaged as a real estate professional in connection with affordable housing.
(h) Citizen who is actively serving on the local planning agency pursuant to Florida Statutes, Sec. 163.3174.
(i) Citizen who is residing within the jurisdiction of the local governing body making the appointments.
O) Citizen who represents employers within the jurisdiction.
(k) Citizen who represents essential services personnel, as defined in the local housing assistance plan.
9-
27
Some individuals might have the experience to represent more than one category, but they should only be
counted in one category. For example, a committee member may have experience with both for-profit and
nonprofit housing development. However, that individual would be considered as the for-profit or the nonprofit
provider, not both.
The SHIP Statute describes each category as "a citizen." The Statute is not explicit about whether this is a resident
of the United States or resident of the city or county that the AHAC serves. However, an effort should be made
to recruit representatives who reside in the applicable city or county. The AHAC Report should document any
representatives who work within the jurisdiction, but reside elsewhere.
Builders, lenders, and realtors are often represented on the AHAC. Builders who may be interested in volunteering
may be identified by contacting the local homebuilder's association and realtors can be located by connecting
with a local realtor association.
There is a distinction between a representative "engaged in residential home building industry" and a
"representative of those areas of labor actively engaged in home building." The first category can be filled by a
local homebuilder executive or may be a staff member of a nonprofit development agency like Habitat for
Humanity. By contrast, "a representative of those areas of labor actively engaged in home building" could include
a rehabilitation contractor, a subcontractor, an engineer, or an architect.
An "advocate for low-income persons" could be a staff member of a local legal services office or a leader from a
faith-based group involved with affordable housing or community service organization related to affordable
housing.
A "for-profit provider of affordable housing" might be an owner or property manager for a rental property
financed with housing tax credits, the State Apartment Incentive Loan program (SAIL), or other housing subsidies.
Local government program staff
The local government program staff plays a support role for the AHAC. First, staff must identify and recruit
committee members. The SHIP administrator must invite potential committee members, document their
eligibility, and request their participation in fulfilling the duties of the advisory committee. The local
government staff must also educate the advisory committee members about its responsibilities. New
committee members should receive the SHIP governing document (Florida Statutes, Sec. 420.907-9079), found
in the Appendix to this guidebook, as well as local planning documents and policies. The local government staff
must also provide an orientation to the current incentive strategies being implemented by the jurisdiction and
an overview of the reporting requirements of the advisory committee.
The local government staff should collaborate with planning staff on land use, zoning policies, and practices. The
SHIP Statute states that "the advisory committee shall be cooperatively staffed by the local government
department or division having authority to administer local planning or housing programs to ensure an integrated
approach to the work of the advisory committee." Generally, staff in these positions have different areas of
expertise. SHIP program administrators usually hold positions in housing and community development or
neighborhood departments and have regulatory or program knowledge that is unique to those positions whereas
planning departments have staff that have formal education in areas like urban planning, and have extensive
knowledge of land use and zoning laws. The majority of the AHAC responsibilities falls more squarely within the
planning, building and growth management departments.
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The AHAC must review the jurisdiction's comprehensive plan and land development regulations and recommend
actions to encourage the creation of affordable housing units. This role requires that staff have knowledge of land
use issues so that the committee can consider potential barriers to the development of affordable housing, and
recommend regulatory reforms to overcome the barriers. The AHAC presents an opportunity for planning
department's housing departments to collaborate and meet the jurisdiction's responsibility to provide housing
for all its residents.
Prior to the revision of the SHIP statute in July 2016, the AHAC was required to have a member from each of the
eleven categories identified above. Therefore, if the jurisdiction was in compliance, there was always a
representative knowledgeable in the local planning process. With the change to the statute, local governments
can now choose committee representatives from six other categories. This has the potential to discourage the
participation of planning staff. Although no longer required by the SHIP Statue, local governments should consider
including staff from the planning department as committee members. This SHIP Statute suggests participation
from "a citizen who actively serves on the local planning agency", but it also notes that "if the local planning
agency is comprised of the governing board of the county or municipality, the governing board may appoint a
designee who is knowledgeable in the local planning process." This is good justification for arranging for a planner
to assist the SHIP administrative staff in providing support to the AHAC and monitoring the actions of the
committee to ensure adherence to all program requirements
Roles and responsibilities of the AHAC
SHIP Statute overview
Sec. 420.9076 (4) of the Florida Statutes describes the process for developing the AHAC Report. The key role of
the AHAC is to prepare the AHAC Report and evaluate its implementation at least every three years. The AHAC
Report identifies incentive strategies and recommendations for adoption by the local government. The
recommendations should seek to remove regulatory barriers that limit the development or preservation of
affordable housing, or drive up housing costs.
To fulfill this task, the advisory committee must first review the local government's existing policies and
procedures, ordinances, land development regulations, and the comprehensive plan. Then the committee
recommends specific actions or initiatives to encourage affordable housing while protecting the ability of the
property to appreciate in value.
Actions the advisory committee can take include:
• Modifying or repealing existing policies, procedures, regulations;
• Creating exceptions applicable to affordable housing; and,
• Adopting new policies or amendments to the local comprehensive plan and corresponding regulations,
ordinances, and other policies.
Local government implementation
The advisory committee must approve the final AHAC Report by majority vote and submit it to the Florida Housing
Finance Corporation (Florida Housing) and the local government. Upon receipt of the AHAC Report, the local
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government has 90 days to amend its local housing assistance plan to incorporate the adopted incentive strategies
that it plans to implement. Only two strategies are required in the amended LHAP:
• Expedited permitting for affordable housing projects; and,
• An ongoing process for review, prior to their adoption, of any local policies, ordinances, regulations, and
plan provisions that increase the cost of housing.
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IV. Preparing the AHAC Report
Reviewing local plans and codes
Local plans and codes related to affordable housing include, but are not restricted to, the Comprehensive Plan,
Land Development Codes, Neighborhood Action Plans, and Overlay Districts. Coordinating local departments and
community plans is essential to supporting housing efforts. Local government planning and zoning departments,
building and permitting departments, local real estate departments, and local government housing departments
are conduits to developing affordable housing. The AHAC is responsible for reviewing local established policies,
procedures, ordinances, land development regulations, and the local government Comprehensive Plan to identify
recommendations for initiatives that will encourage affordable housing.
When reviewing local plans and codes, AHAC members should look for policies, procedures, or ordinances that
inhibit affordable housing. This pertains to policies and ordinances that may currently be in place, such as zoning,
minimum square footage, and setback requirements, or potentially helpful policies and ordinances that are not in
place, such as expedited permitting, mixed-income housing incentives, or accessory dwelling unit policies.
AHAC members should also look for consistency between land use plans and finance plans. Local governments
typically develop two types of plans: 1. land use plans, which identify elements for future land use, transportation,
housing, economic development, infrastructure, and capital improvement needs, and 2. finance plans, which
identify sources of funds and how the jurisdiction is going to spend the money.
It is important to ensure that housing and community development projects are aligned with the fiscal budget and
comply with regulations governing state or federal funding. An example of a land use plan would be a
Comprehensive Plan; examples of finance plans would be a Five-Year Consolidated Plan, Annual Action Plan, or
the Local Housing Assistance Program (LHPA), which governs SHIP.
AHAC activity is an example of how the public is involved in local planning and housing initiatives. The AHAC helps
departments administering different programs to coordinate their goals and objectives for maximum community
benefit.
Encouraging input from all AHAC members
A committee's success is based upon everyone fulfilling their duties and being involved in the process. Members
should be familiar with the mission, values, and vision of the committee and should attend meetings regularly.
They are expected to help carry out the functions of the committee, specifically providing recommendations on
affordable housing incentive strategies.
The AHAC should generate and encourage input from all members. Tips for encouraging participation include:
• Developing agendas to help structure meetings;
• Ensuring items on the agenda are well documented;
• Providing agenda to committee members so that they can familiarize themselves with discussion topics
prior to meeting;
• Holding meetings at a convenient place and time;
• Retaining and distributing committee minutes;
• Encouraging casual and relaxed conversation among all members;
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• Seeking consensus among the committee; and,
• Encouraging members to act as resources, providing additional expertise and knowledge in their related
field.
Additionally, the AHAC should consider appointing a Committee Chairperson to facilitate the participation of all
members. A chairperson:
• Sets the tone for committee work;
• Guides the process using successful group discussion methods;
• Ensures that members have the information needed to complete their tasks; and,
• Maintains active interest and member involvement.
Consensus decision-making
Many policy-making committees form decisions based upon group decision-making or by voting-based methods.
These strategies are common, but, may lead to tense working environments. Communication skills are of upmost
importance during group work. If they are lacking, members may not express themselves clearly or feel
comfortable expressing their opinions and miscommunication and misunderstanding can be the end result.
A suggested method for communicating effectively for all members, and especially those of differing opinions, is
to use consensus decision-making. This is a group decision-making process in which members develop and agree
to support a single decision that benefits the whole group. This allows for members to reach a consensus or an
acceptable resolution that can be supported even if not the favorite of each member.
Consensus decision-making is intended to promote agreement amongst the whole group and aims to be:
• Collaborative: Participants contribute to a shared proposal and shape it into incentives that meet the
concerns of all group members.
• Cooperative: Participants strive to reach the best possible decision for the group and all its members,
rather than competing for personal preferences.
• Egalitarian: All members are given equal opportunities to provide input. All members can present and
amend proposals.
• Inclusive: All members are involved in the process.
Conducting a SHIP survey and incorporating results
Conducting a survey may be a helpful method for collecting information needed by the AHAC. AHAC members
might learn best practices for staffing programs and committees. Conducting a survey of SHIP administrators and
stakeholders may provide critical guidance in creating the AHAC Report, and provide insight into developing
efficacious policies. Most importantly, a survey sent to developers and builders can be a great way to find out
whether incentive strategies are working.
There are several applications that assist in the development of an on-line survey, providing templates that
simplify the process. Two popular applications are Survey Monkey and Google Survey. These applications provide
quantifiable responses for analysis.
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Ste p s fo r settin g up an onli n e su rvey in cl u d e :
• D ecid in g o n the rese arch go als;
• C reating a list of qu e stio ns an d ty p e th e m in to th e su rve y platfo rm ;
• In v itin g particip ants an d pro v id in g th e m w ith dire ctio n s o n co m p le tin g an d su b m itt in g th e su rv e y ;
• G athe rin g resp o n ses;
• A naly zing resu lts (the su rvey platfo rm ca n assist); an d
• Pro vid in g resu lts to A H A C m em b e rs an d , po ssib ly , su rve y pa rticip an ts.
T he su rvey m etho d can be very usefu l an d allo w s fo r m axim u m o utre ach . A n o n -lin e su rv e y ca n re a c h in d iv id u a ls
that m ig ht no t othe rw ise be co n su lte d , sig n ifi can tly in cre asin g in p u t an d im p ro v in g th e o u tp u t o f th e A H A C 's w or k .
W e stro n g ly re co m m e n d in cl u d in g th e lo cal R e a lto r an d B u ild e rs A sso ciatio n in th e su rv e y .
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V . S t e p s in t h e R e v ie w P r o c e s s
Upon appointment of the AHAC members and every three years after, the AHAC is required to review existing
local government plans, policies, and procedures; ordinances; regulations; statutes; and the comprehensive plan
applicable to affordable housing, to evaluate their impacts on local affordable housing. Further, the AHAC is
specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out at
Florida Statues, Sec. 420.9076 (4) (a)-(k). Based on the AHAC evaluation, it may recommend to local government
that it make modifications of, exceptions to, or creation of new plans, policies, procedures, and other governing
vehicles which would encourage production of affordable housing. The AHAC, from its review, evaluation, and
recommendations, drafts and submits a report to local government and to Florida Housing which details the scope
of its work and the resulting recommendations.
Meetings
The SHIP program mandates the review of the eleven areas of possible affordable housing incentives included in
the SHIP Statute, at a minimum. The AHAC members should schedule a sufficient number of meetings to allow
enough time for this review. Several of these incentives might require extensive time to thoughtfully review and
discuss. For topics like the modification of impact-fee requirements, flexibility in densities, and others, the
advisory members will benefit from history and information provided by staff and from their own research and
experience. An entire meeting might be devoted to one of the eleven topics.
Draft the report
The committee's report should be incrementally drafted as they meet and discuss possible incentives. Staff may
assist with report development, but the report's content should come from the Committee's discussion of
incentive strategies. Use the AHAC Report template included in the Appendix to help with developing this report.
The SHIP Statute does not mandate the length and the content of the report. Some committees may generate
more than a dozen recommendations for new incentives strategies, others may only focus on revisions to existing
incentive strategies, while other AHACs may conclude that no further recommendations are needed.
Approve recommendations at a public hearing
Although all AHAC meetings are public meetings, the final approval of the AHAC Report recommendations is more
formal, and must be made at a public hearing. This is required in the SHIP Statute at Florida Statutes, Sec. 420.9076
(5): "The approval by the advisory committee of its local housing incentive strategies recommendations and its
review of local government implementation of previously recommended strategies must be made by affirmative
vote of a majority of the membership of the advisory committee taken at a public hearing."
Details on scheduling and organizing the public meeting can be found in Section VI. The AHAC Report Ti meline, in
this guidebook.
Submit report to local governing body
Provide the city or county commissioners with the final AHAC Report. Typically, the AHAC Report is presented at
a regularly scheduled commission meeting. The SHIP Statute does not mandate the adoption of the AHAC
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recommendations by the governing body of the local government, other than the required incentives for
expedited permitting and an ongoing process of review. The elected officials may:
• Discuss the report and vote to adopt only one of many recommendations;
• Adopt all the recommendations;
• Use the report as a springboard to generate their own ideas for incentive strategies; or
• Read the report and take no further action.
If the local government does adopt recommendations of the AHAC, The SHIP Statute establishes that the local
government has 90 days to amend its LHAP to incorporate the recommended incentive strategies that it plans to
implement. The city or county will provide the LHAP amendments to Florida Housing.
Submit report to the Florida Housing Finance Corporation
The SHIP Statute states that "the final report, evaluation, and recommendations shall be submitted to the
corporation." This is accomplished by providing the Florida Housing Finance Corporation the report at the same
time it is presented to the city or county officials. An electronic version of the report is to be emailed to the Florida
Housing staff with responsibility for SHIP.
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V I. T h e A H A C R e p o rt T im e li n e
R eview of dead lines
The AHAC is required to review implementation of previously adopted incentive strategies and submit a report to
the local government governing board every three years (following the initial report). The triennial report must
be submitted by December 31" of the year preceding the LHAP due date. For example, where a local government
is required to submit LHAP amendments on May 2, 2017, the AHAC must submit its report to the governing board
by December 31, 2016.
Within 90 days after receipt of the AHAC's report with its local housing incentive recommendations, the local
governing body shall adopt an amendment to its LHAP to incorporate the housing incentive strategies.
Figure 1: AHAC Report Ti meline. The table is based on a triennial process laying out required and suggested report
deadlines.
D e s ig na te
sta ff and
s ele ctA H A C
m em b e rs
S ubm it report to
loca l govern ing
board and
Flor ida Housing SubmitLHAP
Feb.-
June June 30 I Oct. - Nov. Dec.31 March 31 May 2
Feb.
(w hen due
again
triennially)
Public hearing
AH A C appr o ves
local housing
incenti ve
strategies
pro cess in
preparation
fo r triennial
report
D a tes in blue ar e statute de a dlines. O ates in black ar e recom m ended to m eet deadlines.
P ub lic no tice req uirem ents
Florida Statutes require that the AHAC approval of recommendations of housing incentive strategies and of
evaluation of the implementation of previously adopted incentives shall be made by vote of a majority of members
during a properly noticed public hearing. Florida Statutes, Sec. 420.9076 (5). The public notice shall:
• Provide the time, date, and place of the meeting where the AHAC will consider adoption of its
recommendations and evaluation in a newspaper of general circulation in the county;
• Include a short and concise summary of the recommendations and evaluation; and,
• State a public place where the proposed recommendations and evaluation can be obtained by the public.
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Scheduling and organizing the public hearing
The advisory committee is required by statute to hold a minimum of one public hearing, at which the committee's
housing incentive strategy recommendations are voted on and the local government's implementation of
previously recommended strategies are reviewed. A public hearing is also soliciting public comment on the AHAC
Report as it is being considered for adoption. "Best practice" dictates that the AHAC hold public meetings prior
to the required public hearing, to solicit input and engage the public.
When scheduling and organizing meetings or hearings, the following should be considered:
• Give adequate advance notice to the public and stakeholders;
• Publish sufficient information about the subject of the meeting or hearing;
• Hold meetings and hearings at times and locations convenient to the public and stakeholders;
• Choose locations that can accommodate persons with disabilities; and,
• Implement a strategy for how the needs of non-English speaking residents will be met.
Suggested meetings
The AHAC is required to meet regularly to fulfill its committee duties. It is highly recommended that a committee
chairperson be appointed and tasked with developing a meeting schedule that is convenient for all members.
Meetings should be scheduled often enough to enable thorough discussion and the completion of all AHAC
responsibilities.
To ensure all required topics are addressed, the AHAC should consider holding the following types of meetings:
• Status Update Meetings: Status update meetings include regular member meetings, where the primary
goal is to align the committee via updates on progress, challenges, and next steps.
• Information Sharing Meetings: These meetings feature presentations, panel debates, keynotes, and
lectures with the primary goal of sharing information between members.
• Decision-Making Meetings: Important decisions often get their own dedicated meetings. A decision-
making meeting includes information gathering and sharing, brainstorming solutions, evaluating
options, ranking preferences, and voting.
• Problem-Solving Meetings: These are meetings where project scope and priorities are defined,
opportunities and threats are identified, and possible solutions are brainstormed, evaluated, and agreed
upon.
• Innovation Meetings: These "broad scope" meetings include brainstorming, networking, and sharing ideas.
Members can use various techniques and processes to reduce the diverse pool of ideas to a more focused
list. The most suitable ideas are identified, leading to recommendations and tasks can be assigned based
on this.
The purpose of regularly scheduled meetings among AHAC members is to:
• Encourage participation and input;
• Engage in the process;
• Discuss strategy for completing tasks;
• Openly discuss incentive strategies;
• Provide additional information; and,
• Ensure the committee complies with timelines.
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In addition to the required meetings, the AHAC may also consider holding public meetings, which can build a
feeling of community. Attendance levels may provide an indicator of a community's level of interest on a
particular issue.
Coordinating with the LHAP ti meline
The affordable housing strategies recommended by the AHAC Report are the basis for the LHAP. Because the two
documents go hand-in-hand, it is important to coordinate timelines to ensure timely submittal and maintain
compliance with Florida Statutes.
The AHAC is required to submit a report to the local government governing board by December 31° of the year
preceding the LHAP due date. It is important to identify steps to be completed to coordinate processes. Starting
the process early is key in completing tasks on time.
Steps to consider and timelines to follow are listed in Table 1: LHAP Ti meline.
Table 1: LHAP Ti meline.
Recruit AHAC Members January- February
Designate Staff & Select AHAC Members February- June
Appoint Members to AHAC June 30
Orientation for AHAC Members on Current Incentive
Strategies and Report Requirements
July
Develop AHAC Report July- September
Draft Report Complete Early October
Public Hearing: AHAC Approval of Incentive Strategies November
Submit Report to Local Government Governing Board
and to Florida Housing Finance Corporation December 31°
Local Government Staff Develops LHAP
January- April (following
year)
Submit LHAP to Florida Housing Finance Corporation May 27° (following year)
As a reminder, experienced SHIP administrators and planners can provide AHAC staff with their expertise in
coordinating timelines early in the process. This increases the likelihood of a streamlined process. Cooperatively
staffed support from local government department or division with the authority to administer planning or
housing programs helps create an integrated approach to the work of the advisory committee.
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V II. G e n e r a l R e c o m m e n d a t io n s a n d R e q u ir e m e n t s f o r In c e n t iv e S t r a t e g ie s
This section of the guidebook lays out general recommendations and statutory requirements for jurisdictions
developing incentive programs. The recommendations and requirements laid out here are for all incentives.
Specific incentive strategies are discussed in detail in Section VIII.
G enera l reco m m endatio ns fo r incentive strategies
l. Eligibility Determination: Eligibility determination certifies that a project meets affordable housing criteria.
The provision of incentives to assist affordable housing projects requires some basic structural elements.
Perhaps the most critical element is "eligibility criteria."
As part of its Incentive Plan, the jurisdiction should include a set of criteria that determine if a given project is
eligible for one or more of the proffered incentives. The criteria may be stratified for housing projects that are
only partially dedicated to serving low-income households, or for projects in which 100% of the units are
considered affordable to a defined income level. The Incentive Plan should include an application process for
the jurisdiction to determine if a development is qualified, and for which incentives.
The application should include:
• Proportion of units designated affordable;
• Income levels served; and,
• Specific incentive eligibility.
2. Incentive Agreement: For projects that have been approved for certain incentives, the jurisdiction should
prepare an agreement that would describe the incentives and set the terms for duration and any other
conditions. The agreement should describe pay back for projects that fail to meet the affordability conditions.
The incentive agreement should describe:
• Monetary value of incentives- including fee waivers, land value of donated or discounted land;
• Estimated time saved with expedited reviews;
• Term of affordability;
• Method of tracking, reporting or monitoring; and,
• Reversion in case of default.
3. Application process: In some cases, the review and approval of development incentives would be required
prior to any request for funding from the jurisdiction or other financing entity. The jurisdiction should prepare
an application and procedures for review and approval. The application should include the following:
• Project location;
• Project description- number of units, number of bedrooms, baths;
• Projected income restrictions;
• Other funding sources under consideration or committed; and,
• Type of relief requested.
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4 . C a s e b y C a s e R e v ie w : T h e r e v ie w o f in c e n t iv e p la n s is u n d e r t a k e n o n a c a s e b y c a s e b a s is . E a c h p r o j e c t is
d iff e r e n t a n d m a y h a v e a v a r ie t y o f n e e d s , s o t h a t a "o n e s iz e fi t s a ll" r e v ie w p ro c e s s is in a p p ro p r ia t e .
S . In c e n t iv e s B a s e d o n D e m o n s t r a t e d N e e d : In c e n t iv e s s h o u ld b e b a s e d u p o n r e le v a n t co m m u n it y n e e d s a n d
s u p p o rt in g d a t a . T h e j u r is d i c t io n s h o u ld c a r e f u ll y c o n s id e r t h e h o u s in g n e e d s t h a t s t r a t e g ie s in t e n d t o a d d r e s s .
In c e n t iv e s s h o u ld e ff e c t iv e ly m e e t t h o s e n e e d s . F o r e x a m p le , if a c r it ic a l p a r t o f y o u r s t r a t e g ic p la n is t o e n d
h o m e le s s n e s s , t h e n it is im p o rt a n t t o c o n d u c t a c a r e f u l r e v ie w o f z o n i n g a n d la n d d e v e lo p m e n t c o d e s . T h e r e
a r e o ft e n o b s o le t e t e r m s o r p ro h ib it io n s t h a t c o u ld in h i b it s u p p o rt o f a s m a ll c o n g r e g a t e liv in g c e n t e r o r
s h a r e d liv in g .
6 . D e v e lo p e r R ig h t s t o In c e n t iv e s : H o u s in g a s s is t a n c e in c e n t iv e s s h o u ld b e p r o v id e d t o t h e d e v e lo p e r b y r ig h t -
t h a t is t h e a s s i s t a n c e s h o u ld b e p ro v id e d a d m in is t r a t iv e ly a n d n o t r e q u ir e a p u b lic h e a r in g .
7 . S it e P la n D e s ig n In c e n t iv e s : T h e p la n s h o u ld g r o u p s it e p la n a n d s it e d e s ig n in c e n t iv e s s o t h a t t h e s e a r e v ie w e d
s im u lt a n e o u s ly , t o a l lo w fo r t h e m o s t fl e x ib le a n d in n o v a t iv e s o lu t io n s p o s s ib le . T h e s e s h o u ld b e in cl u d e d a s
a p o lic y in t h e h o u s i n g e le m e n t a n d s h o u ld b e a v a ila b le b y a d m i n is t r a t iv e r e v ie w , r a t h e r t h a n t h r o u g h a p u b lic
h e a r i n g .
8 . S u s t a i n a b le H o u s i n g F e a t u r e s : P r io r it y m a y b e p ro v id e d t o p ro j e c t s t h a t m e e t o r e x c e e d e n e r g y a n d g r e e n
o r s u s t a i n a b le f e a t u r e s .
9 . S u r p l u s L a n d s : T h e a v a i la b i lit y o f p u b lic ly o w n e d la n d d e s ig n a t e d a s s u it a b le fo r a ff o r d a b le h o u s in g s h o u ld b e
a c c o m p a n i e d b y a c o m p le t e p o lic y a n d p ro c e d u r e s m a n u a l t h a t is s e p a r a t e fr o m t h e in c e n t iv e p la n . A la n d
b a n k p r o g r a m r e q u i r e s s u c h p o lic y a n d o p e r a t in g g u id e lin e s t h a t w o u ld e x c e e d t h e c o n t e n t o f t h e in c e n t iv e
p la n . T h e la n d b a n k p ro g r a m c a n b e r e f e r e n c e d in t h e in c e n t iv e p la n .
10 . C o m m u n it y L a n d T r u s t s : T h e j u r is d ic t io n c a n a v o id m u c h o f t h e t r a c k in g n e e d e d t o e n s u r e lo n g t e r m
a ff o r d a b ili t y c o m p li a n c e b y u t iliz in g t h e c o m m u n it y la n d t r u s t m o d e l. P r o j e c t s t h a t w o r k v ia c o m m u n it y la n d
t r u s t s a r e g u a r a n t e e d t o b e lo n g -t e r m a n d t o h a v e t h e p ro p e r s t e w a r d s h ip r e q u ir e d t o m a i n t a in t h e o r ig in a l
a ff o r d a b i li t y r e q u i r e m e n t s . If t h is is n o t t h e c a s e , r e q u i r e m e n t s fo r lo n g t e r m a ff o r d a b ilit y s h o u ld b e e x e c u t e d
t h ro u g h a m o rt g a g e , n o t e , r e s t r ic t iv e c o v e n a n t o r la n d u s e r e s t r ic t io n a g r e e m e n t .
1 1. C o n s is t e n c y : H o u s in g a s s is t a n c e in c e n t iv e s , w h i le o ff e r in g a lt e rn a t iv e c o m p li a n c e w it h t h e r e g u la t o r y
fr a m e w o r k , m u s t b e c o n s is t e n t w it h o t h e r s t a t u t o r y r e q u i r e m e n t s a n d p la n s , in cl u d i n g t h e h o u s in g e le m e n t ,
L o c a l H o u s in g A s s is t a n c e P la n , C o n s o lid a t e d P la n a n d A c t io n P la n s , a n d F a ir H o u s in g la w s .
1 2 . F o r p la n n i n g p u r p o s e d , c r o s s -r e f e r e n c e a ll t y p e s o f a s s is t a n c e p ro v id e d b y h o u s in g s t r a t e g ie s a n d in c e n t iv e s .
S e e T a b le 2 . In c e n t iv e s a n d S t r a t e g ie s M a t r ix , lo c a t e d o n t h e fo ll o w in g p a g e .
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Expedited I I X I X I X I X I X
permitting
Fee Waiver or ¡ I X I X I X I X I X
Modification
Insert fee
waiver types
Density X X X X
Infrastructure X X X X
Accessory DU X X X
Site Design X X X X
Parking X X X X X
Setbacks X X X
Lot Size and X X X X
shape
Street I I I X I X I I X
requirements
Review
Process
Surplus Land X X X I X I X
TOD X X
Mentoring X X X X X X
Education X X X X X X
Technical X X X X X X
Assistance
Green and I X I X I X I X I X I X
Energy
lnclusionary
I I I
X • X
Community X X X X I X I X
Land Trust
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S ta tu to ry re q u ire m e n ts fo r in c e n tiv e p la n s
Florida Statute Section 420.9076 (4)
At a minimum, each advisory committee shall submit a report to the local governing body that includes
recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives
in the following areas:
(a) The processing of approvals of development orders or permits, as defined in Florida Statute
163.3177 (6) (f) (3), 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 configurations, 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
Section 420.9076 (8) authorizes the advisory committee to perform other duties at the request of the local
government, including:
• The provision of mentoring services to affordable housing partners including developers, banking
institutions, employers, and others to identify available incentives, assist with applications for funding
requests, and develop partnerships between various parties.
• The creation of best practices for the development of affordable housing in the community.
Mentoring assistance can be provided by connecting housing developers with subject-matter experts, on-site
technical assistance, workshops and clinics. Support can also be provided remotely by email, telephone assistance
and/or webinars. These services are provided by the Florida Housing Coalition and are available to every SHIP
jurisdiction.
What qualifies as an "affordable housing project"?
It is best to have a formal application process in place to determine whether a housing project can be certified as
"affordable." Such a process will prevent time and resources being spent on projects that, ultimately, cannot be
certified as affordable.
The minimum requirement for certification is whether the project will result in owner or rental units that are
affordable to extremely low income, very low income, or low-income households. This might include housing that
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is affordable to moderate-income or housing that is sometimes referred to as "workforce" serving households up
to 140% (and sometimes 150%) of area median income.
When a project is certified as an affordable housing project, it may qualify for a number of incentives. Therefore,
the certification findings should be specific, so that the finding can be used to determine whether the project
qualifies for additional assistance, such as fee waivers or density bonus units.
Projects that are certified as affordable can include projects that are publicly supported, with, for example, SHIP,
HOME, Emergency Solutions Grants programs (ESGs), or Housing Opportunities for Persons with AIDS (HOPWA).
Projects certified as affordable can also receive financing through local housing finance agencies, public housing
authorities, Small Cities Community Development Block Grants (CDBGs), or the Florida Housing Finance
Corporation. Projects that are part of an inclusionary zoning ordinance or that are included in a community land
trust can also certified as affordable.
Examples of how some local jurisdictions certify
City of Sarasota
The processing of approvals of development orders or permits for affordable housing projects is expedited to a
greater degree than other projects. The committee recommends that any applicant with a project meeting any
one of the following conditions be given expedited review and approval:
• Individuals or organizations that are receiving assistance through the Office of Housing and
Community Development;
• Builders and developers who are applying for Federal and/or State Affordable Housing Programs;
• Nonprofit organizations that are building affordable housing with a sales price that does not exceed
the maximum sales price for the Housing Partnership Program;
• Any organization building affordable housing in the Community Reinvestment Area (CRA) with a sales
price that does not exceed the maximum sales price for the Housing Partnership Program;
• Nonprofit organizations that are building rental housing and agree to lease the property for no more
than the fair market rent for a period of 10 years;
• Any organization that is building rental housing in the CRA that commits to lease the property for no
more than the fair market rent for a period of 10 years;
• Applicants applying for a rezone or special exception for a project where a minimum of 15% of the
total units within the development are affordable to households earning less than 100% of area
median income; and
• Applicants applying for site and development approval, plats and building permits for any project
where a minimum of 15% of the total units within the development are affordable to households
earning less than 100% of area median income.
City of Orlando
Affordable Housing Certification Process
The intent of the Affordable Housing Certification Process is to identify those projects that meet the definition of
affordable housing. To participate in the Affordable Housing Certification Process, a minimum of 20% of the units
in the project must meet the definition of very-low, low-, and/or moderate-income housing. These developments
are eligible to receive specific regulatory and financial incentives. The certification process allows the City to more
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effectively direct its incentives to those projects that will result in the provision of decent, safe and affordable
housing. Further, the certification process provides the developer with early on information regarding available
incentives. Another benefit of the Affordable Housing Certification Process is that certified projects receive
expedited services from City departments at all steps in the development review and permitting process.
Projects seeking affordable housing incentives must be certified before receiving incentives such as the following:
SHIP/HOME funds, capacity reservation set-asides, reduced reservation fees, impact fee grants, discounts, or
exemptions, reduced Land Development or Growth Management application fees, or developing a residential
project utilizing the Alternative Housing Development standards
The Affordable Housing Certification Process has been amended to include certain incentives for attainable
housing developments.
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V III. Incentive Strategies: Details and Exam ples
There are eleven incentive strategies that the AHAC must consider:
(a) Expediting processing approvals of development orders or permits for affordable housing projects
over other housing projects.
(b) Modifying impact-fee requirements, including reduction or waiver of fees and alternative methods of
fee payment for affordable housing.
(c) Allowing flexibility in densities for affordable housing.
(d) Reserving infrastructure capacity for housing for very low-income persons, low-income persons, and
moderate-income persons.
(e) Allowing affordable accessory residential units in residential zoning districts.
(f) Reducing parking and setback requirements for affordable housing.
(g) Allowing flexible lot configurations, including zero-lot-line configurations for affordable housing.
(h) Modifying street requirements for affordable housing.
(i) Establishing a process by which a local government considers, before adoption, policies, procedures,
ordinances, regulations, or plan provisions that increase the cost of housing.
U) Preparing a printed inventory of locally owned public lands suitable for affordable housing.
(k) Supporting development near transportation hubs and major employment centers and mixed-use
developments.
Each of these strategies is discussed below. Two incentives are required to be adopted: item (a) for expedited
permitting and item (i) for a process of ongoing review.
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Strategy : Expedited pro cess of development approvals
Florida Statutes, Sec. 420.9076 (4) (a) provides that: "The processing of approvals of development orders or
permits for affordable housing projects is expedited to a greater degree than other projects, as provided in Florida
Statutes, Sec. 163.3 177 (6) (f) 3."
The requirement to expedite permits for affordable housing projects is one of two required incentives according
to Florida Statutes, 420 .9071 (16), which is a part of the SHIP definition of "local housing incentive strategies."
Purpose
"Time is money." The timing for the review for development approvals can be a factor in the overall cost of the
project. Expediting affordable housing projects not only reduces time but can avoid setbacks by having a staff
member shepherd a project though the process. The requirement extends to other reviews and approvals,
including site plan review, zoning hearings, and special approvals. A builder can schedule construction sooner and
begin work sooner when there is a clear intention by the local government to expedite the permit review and
issuance process.
Expedited permitting gives the housing staff the opportunity to work closely with the developer to offer additional
support or to help them overcome other obstacles that may be delaying a project from getting underway.
Considerations
• Expediting permits requires affordable housing projects to be placed ahead of other projects. This may
result in tension with other developers whose projects are therefore put behind.
• It would be beneficial to ensure that local government staff understand the importance of reducing
permitting time and expense to publicly-supported projects.
Methodology
According to Florida Statutes, 163.3164 (7)- (8), a permit is a development order, which means "any order
granting, denying, or granting with conditions an application for a development permit. A development permit
includes 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."
Local government staff should embrace the breadth of this requirement for expedition, and possess significant
knowledge and resources to support affordable housing. They should expedite and prioritize all areas requiring
land use permitting or approvals. This action is one of only two statutorily required regulatory incentives and is
considered to be of high value for promoting affordable housing.
Any step that is involved in the builder's attempts to develop a parcel of land should be expedited. Staff who work
in the engineering and zoning departments must be involved and fully informed of what is expected of them
regarding expedited permitting for affordable housing projects.
How permits are expedited is based on the size and complexity of the existing permit review process. Applications
must be flagged in some manner, such as with a brightly colored cover sheet, with the certification information
entered and signed by the housing department. Such a form might have "call with questions" contact information
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and further instructions on the mandate to prioritize this application. Electronic systems might have a required
field indicating that this is an affordable housing project.
Task completion entities should be able to verify that the project was reviewed expeditiously and immediately
forwarded to the next task for final approval and notification of the approval to the builder. Alternatively, the
local jurisdiction could provide a concurrent preapplication/predevelopment review process to bring all the
departments that will be required to sign off on the development into a preapplication/predevelopment review
meeting.
Examples
Pasco County
Developments that have received a certification as affordable will receive expedited review- including single and
multi-family, attached or detached, residential and planned, or mixed developments.
Staff will assist applicants to submit only a fully completed application before the expedited review begins. Once
the completed application is accepted, the Director of Growth Management or an assignee will shepherd the
application through each level of review. In no case will an application be set aside while awaiting a decision. The
application is returned to the Director immediately after the review is completed. The Growth Management
Director has the authority to approve developments -those that do not require a comprehensive plan amendment
of projects below 100 units- without submittal to a reviewing committee. The county uses a yellow band to
identify certified housing applications.
• For Single Family development projects: SHIP staff email the central permitting manager, who pulls out
the permit request for the contractor/builder and gets it processed right away.
• For Multi-Family development projects: SHIP staff arrange a meeting with the developer and
representatives from the engineering, development services, zoning, and growth management
departments. Each department indicates upfront what they are going need to process the application.
Each commits to review applications swiftly. In this fashion, every point of review is expedited.
Lee County
A green cover sheet is placed on top of all qualified application packages. Staff are instructed to direct any
questions or issues to the Housing Staff who will then work with the applicant to provide more information or
correct insufficiencies.
City of Orlando
The Housing and Community Development Department, the Planning Division, and the Office of Permitting
Services worked together to form the Expedited Housing Development Approval Process. A Housing Expediter is
assigned who serves as the lead staff member responsible for coordinating the City's review through the various
departments. The Expediter performs an initial review of the project applying for certification to determine
whether it meets income criteria. The Expediter then communicates with other departments and serves as the
key contact between City staff and the project developer. In addition, the Planning Division and Permitting
Services Division each assign a staff person to serve as Ombudsman for certified housing projects. This ensures
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that issues are addressed early and can be resolved quickly. The City of Orlando also prioritizes projects meeting
the City's residential green building principles.
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Strategy : Impact fee modifications, waivers, or reimbursement
Florida Statute 420.906 (4) (b) "The modification of impact-fee requirements including reduction or waiver of fees
and alternative methods of fee payment for affordable housing."
Purpose
Impact fees are a major expense in developing newly constructed housing. By modifying impact fee requirements
to reduce the cost, the cost of developing housing can be reduced and the savings passed on in the form of lower
rents or lower sales prices. Reducing impact fee costs can also result in the reduction of the need for local SHIP
funds. This can make SHIP and other housing dollars go further and result in more affordable units. Reduced,
deferred or waived impact fees can also count as a local government contribution in the Low-Income Housing Tax
Credit (HC) application program of the Florida Housing Finance Corporation. Adequate local government
contribution will allow an application to score higher points, making the project more competitive.
Impact fees are not the only type of fee that may be modified with the intent of reducing the cost of development.
Other fees include but are not limited to:
• Informal Review;
• Site Plan Review;
• Landscape Plan;
• Platting and Subdivision;
• Building Permit;
• Variance or Special Exception;
• Impact fee:
o Roads;
o Parks;
o Infrastructure;
o Schools;
• Concurrency Capacity Availability or Encumbrance.
Local governments rely on impact fees to pay for the services required when new residents move into a
community as a result of development. The government may charge fees for increased school enrollment, road
capacity, and utility access. By reducing or waiving the burden to the affordable housing developer, the local
government may not have to provide as much subsidy to ensure that the development is financially feasible. They
can also ensure long- term affordability by providing terms that require repayment with interest if the property
does not meet affordability terms at a future date.
Considerations
• First and foremost, it is imperative that local government is provided assurance that a waiver or
modification of impact fees will result in greater affordability to the consumer, not greater profitability to
the developer.
• Impact fees are based upon a nexus argument that development creates a definable impact on public
infrastructure, including roads, sewer, water, parks, schools, etc. Without these fees, local government
may need to rely on other sources of existing revenue or increase fees on non-affordable projects.
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• Some legal advisors take the position that waiving impact fees is not permissible. In these cases, it is
possible for the fee to be paid, but by other sources. One such source is the interest that has accrued on
the impact fee financial accounts. This action simply moves interest money back to the impact fee income
stream.
• Local governments may or may not have impact fees that they can modify for affordable housing
developers. Further, some departments may rely solely on impact fees to fund needed improvements.
• Since utilities and roads are critical infrastructure necessary for any housing development, it is essential
that they are funded, and if impact fees are the only source to fund improvements, it may be necessary
to use local SHIP funds to pay for improvements or in lieu ofthe developer's payment.
Methodology
Fee modification methods can include, but are not limited to, the following:
• Waiver or forgiveness of fees;
• Discount or reduction of fees;
• Loan- payable in favorable terms, with payments deferred until a pre-designated time; and,
• Reimbursement- fees are paid at time of application and are reimbursed upon completion of development
or other point in time.
Fee waiver: To waive impact fees, the impact fee ordinance would need to be amended to provide the conditions
for the waiver. When impact fee revenue is pledged for the repayment of a bonded improvement, it is likely that
the covenants for the bonds would allow forgiveness. If this is the case, then an alternative source of funding
might be considered. Future bond issues should be evaluated for the possibility of including a built-in waiver for
certain circumstances, such as affordable housing.
Fee deferment: To defer impact fees, the ordinance needs to contain a provision for the terms of the deferral and
an agreement or lien needs to be in place to describe when and how the fees would be repaid.
Fee modification: The impact fee amount can be adjusted in the ordinance for smaller or lower cost units. Because
impact fees are regressive - fees are typically collected on a per unit basis rather than on a square-foot or value
basis - smaller affordable homes pay the same fee as large homes. Impact fees could be modified for affordable
housing by restructuring the fee amount based on the size or the type of the unit. For example, a proposed
housing project targeted to seniors might be eligible for a reduced impact fee for roads or school impact, along
with other provisions such as reduced parking spaces.
Alternative sources to pay impact fees
This might be from the interest on the impact fee account. The fee can be reduced or discounted with the balance
paid from the interest. It is not recommended that SHIP or other housing dollars be used to subsidize impact fees
as these funds can be better used for direct housing costs, such as construction or down payment assistance. Any
adjustments or exclusions need to be spelled out in the ordinance. Finally, because impact fee programs are
dynamic and come under discussion frequently, housing staff and advocates should be aware of the changes in
relation to impact fees - especially impact fee increases. Staff and advocates should become an active part of
impact fee discussions. This ongoing responsibility is part of the required incentive strategy to maintain an ongoing
process of review.
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Examples
City of Orlando- excerpt from Incentive Section of the Local Housing Assistance Plan
Description: The sewer benefit fee and the transportation impact fee are the only two impact fees the City of
Orlando charges for new construction. In addition, the Orange County School Board levies a school impact fee for
residential developments. As an incentive for the production of affordable housing, the City established an
Affordable Housing Impact Fee Program that provides a full or partial reimbursement for sewer and school impact
fees, and a Transportation Impact Fee Exemption Program that exempts certified affordable housing
developments from the payment of the transportation impact fees for affordable units.
Established policy and procedures: To receive reimbursement of the sewer and school impact fees, developers
must pay all impact fees when building permits are issued. After the sale of the housing unit at or below the City's
maximum sales price, or after the housing unit is rented at or below the established HUD rents, the impact fees
are reimbursed by the City, provided funding is available. The reimbursement is available on a first-come, first-
served basis. Another benefit available to certified affordable housing developments is the Transportation
Exemption Impact Fee Program. The program offers a partial exemption for projects that have received affordable
housing certification.
Descriptions of the available impact fee benefits are below:
Reimbursement of sewer impact fees:
• 100% reimbursement from SHIP funds for eligible affordable units if they meet the City's adopted
residential green building criteria for affordable housing projects; or
• 75% reimbursement from SHIP funds for eligible affordable units if they do not meet the City's adopted
residential green building criteria for affordable housing projects.
Exemption of transportation impact fees:
• 100% exemption of the transportation impact fees for eligible affordable housing units if the certified
housing project meets the City's commuter criteria. *
• 50% exemption of the transportation impact fees for the eligible affordable housing units if the certified
housing project does not meet the City's commuter criteria but is accessible to grocery stores, public
schools, pharmacies, medical facilities, financial institutions, or a post office via a public transit stop
located within a ¼ mile distance.
• 75% exemption of the transportation impact fees for the eligible affordable housing units in certified
attainable housing projects if the certified housing project meets the City's commuter criteria.
• 25% exemption of the transportation impact fees for the eligible affordable housing units in certified
attainable housing projects if the certified housing project does not meet the City's commuter criteria but
is accessible to grocery stores, public schools, pharmacies, medical facilities, financial institutions, or a
post office via a public transit stop located within a ¼-mile distance.
To meet the City of Orlando's commuter criteria, a development must be located within a mile distance
to a City-designated Activity Center or a light rail or commuter rail station.
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Reimbursement of school impact fees:
• 25% reimbursement from SHIP funds for eligible single-family affordable housing units; or,
• 50% reimbursement from SHIP funds for the eligible multi-family affordable housing units.
Alachua County
Fee modification: The County's impact fee amounts are not collected on a per-unit basis but rather on a square-
foot basis.
Orange County
A deferral for the payment of impact fees is available to all single-family residences and duplexes until issuance of
a Certificate of Occupancy. Multi-family projects that are certified as affordable may defer the payment of the
impact fee until power is authorized for the first building or until the first Certificate of Occupancy is issued.
Lee County
The impact fee for Lee County contains a provision for the waiver of all impact fees, except school fees, within its
three enterprise zones. Lee County also provides a School Impact Fee Rebate (SIFR) for certified affordable
housing units. A nonprofit affordable housing developer can apply for the SIFR at the time of permitting. After
the fee is paid and the home is completed, the lower-income purchaser of the home receives a 50% rebate that
is paid directly to their first mortgage holder to reduce their principal. For-profit builders can also participate for
a 25% rebate. The rebate program is funded by the interest that accrues on the impact fee account. Thus, the
school board does not give up real income but part of the interest on the account. There is a $200,000 cap on the
program that is renewable.
Collier County
Collier County has a long-standing impact fee deferral program. Using building permit fee revenues, the fee is
paid on behalf of the affordable home at the time of permitting. This is a loan that is to be repaid within ten years.
There is a lien that is placed on the property.
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Strategy : Flexibility in density
Florida Statute 9076 (4) (c): "The allowance offlexibility in densities for affordable housing."
Relevant Statutes
Density bonus is a voluntary incentive that should be available to certified affordable housing projects by right.
Florida Statutes provide direction for local governments choosing to make this available:
• Section 420.615 of the Florida Statutes states that "[a] local government may provide density bonus
incentives pursuant to the provisions of this section to any landowner who voluntarily donates fee simple
interest in real property to the local government for the purpose of assisting the local government in
providing affordable housing. Donated real property must be determined by the local government to be
appropriate for use as affordable housing and must be subject to deed restrictions to ensure that the
property will be used for affordable housing."
• The statute requires that, as part of the approval process, the local government adopt a comprehensive
plan amendment for the receiving land that incorporates the density bonus. It further provides that the
plan amendment shall be adopted in the manner required for small-scale amendments under section
163.3187, Florida Statutes.
Purpose
Increasing the maximum units allowable on a project site helps to make the project "financially whole" when
producing affordable housing. The local land use code dictates a maximum number of housing units that may be
developed on a certain size land lot. A jurisdiction may increase this maximum if a builder develops affordable
housing units. The presence of bonus units will allow a project to sell more homes or rent more apartments and
thus meet financial feasibility criteria. A developer of affordable housing should be able to qualify for bonus
density units by right if other development criteria are met.
It should be noted that the concept of bonus units provided to a developer who is NOT building affordable housing,
but is contributing either land or funding, would be considered an inclusionary housing or inclusionary zoning
strategy. "Inclusionary housing" is addressed in this section on density because if a local government chooses to
implement inclusionary housing policies to create mixed income housing, it will need to include the density details
in that ordinance.
An increase in density offers an economic incentive. The allowance of full density allowed by land use and zoning
regulations, as well as additional approved units allowed by density bonuses, creates the opportunity for an
affordable housing project to be financially feasible. The sale of more units or the leasing of more apartments
offsets the lower sales price or rent amounts for each affordable unit.
Considerations
• The implementation of a density bonus program requires skillfully prepared regulations, standards and
agreements to effectively ensure that the bonus units are affordable or that a payment or exchange in
lieu is effective.
• In areas where there is not a high demand for density, such as rural areas, the incentive would not be
effective, unless it was a large-scale, master-planned development.
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Elements of an inclusionary zoning ordinance
"Inclusionary housing," is also known as "inclusionary zoning." It is a land use tool that is typically a solution more
than it is an incentive. The primary purpose of inclusionary zoning is to increase the supply of affordable housing
concurrently with the development of market-rate housing. lnclusionary zoning is an approach that ensures that
affordable units are created with limited public expenditure.
At a time when the federal government is taking less responsibility for providing affordable housing by cutting
funds for housing vouchers and other programs, local public funds for affordable housing are in short supply.
Affordable housing programs that leverage private-sector funds, such as inclusionary zoning, are a way to stretch
taxpayer dollars.
Proponents of inclusionary zoning argue that a number of other benefits occur. If new development occurs in
metropolitan centers, inclusionary zoning can result in affordable units that are closer to jobs and transportation.
In addition, because of the density bonuses awarded for affordable units, inclusionary zoning can lead to higher-
density development. The higher-density and infill development that can result from inclusionary zoning reduces
the demand for fringe development. This, in turn, reduces the need for new infrastructure, shortens commutes,
and reduces congestion.
Threshold size
Inclusionary zoning ordinances typically establish a minimum project size before policies are applied. This
threshold should be large enough to contribute to the financial feasibility of the required affordable units.
Percentage set-aside
The percentage of affordable units included in new development should consider the following: the financial
feasibility of producing the affordable units, the incentives or cost offsets available to developers to produce the
affordable units, the need for affordable units, and the strength of the local housing market. Nationally,
inclusionary zoning ordinances have required developers to set aside 5%-35% 0f their new housing developments
as affordable, although requirements of 10%-25% are most common. The share of affordable units required often
varies, depending on whether the units will be for homeownership or rental, and whether the income targeted is
moderate-, low-, or very-low.
Cost offsets
Under an inclusionary zoning ordinance, one of the primary cost offsets offered to developers in exchange for
producing affordable units is a density bonus. A density bonus allows the developer to construct a certain number
of additional market rate units beyond what is normally allowed under the current zoning ordinance, in exchange
for providing a specified number of affordable units.
In addition to density bonuses, there are several ways of reducing the costs of a development to enable the
construction of affordable housing. For example, developers can be given waivers from development standards,
and/or receive waivers for fees such as demolition, water and sewer charge and utility connection fees.
Developers may also be eligible for reduced parking requirements, or other benefits provided to certified
affordable housing projects, including expedited permitting.
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Statutory exception for inclusionary zoning
The Housing Element requirements include that every local government have adequate sites for affordable
housing and provide for housing all its current and future anticipated populations, including special needs
populations. These requirements are in Chapter 163.3177 {6) (f) of the Florida Statutes.
In response to a concern that inclusionary zoning ordinances might be challenged under Florida's State Statute
prohibiting price and rent control, the Florida Legislature carved out an exception to the price and rent control
statutes for land use mechanisms used to increase the supply of affordable housing, specifically citing
"inclusionary housing ordinances":
• Section 166.0415 Affordable housing. -Notwithstanding any other provision of law, a municipality may
adopt and maintain in effect any law, ordinance, rule, or other measure that is adopted for the purpose
of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing
ordinances.
• Section 125.01055 Affordable housing. -Notwithstanding any other provision of law, a county may adopt
and maintain in effect any law, ordinance, rule, or other measure that is adopted for the purpose of
increasing the supply of affordable housing using land use mechanisms such as inclusionary housing
ordinances.
Income groups to be served
"Affordable housing" must be defined by the inclusionary zoning, and a methodology established for determining
the sales price or rent of an affordable unit. Inclusionary zoning ordinances generally target households with "low"
or "very low" incomes as defined by HUD, where low-income is a household income from 50% to 80% of the area
median income, and very low-income is below 50% of the area median income. Some ordinances allow
"affordability" to be defined to include moderate-income households, or those with incomes up to 120% of the
area median income or higher. Income requirements are generally stricter for rental units than for units intended
for ownership. In the case of units for sale, "affordable housing" means housing in which principal, interest, taxes,
and insurance make up no more than 30% of the gross household income. For rental housing, "affordable" means
housing for which the rent, heat, and utilities other than telephone constitute no more than 30% of the gross
annual household, adjusted for household size.
Duration of affordability
To preserve units that are produced under inclusionary zoning ordinances as affordable, a control period is
established. During this period, rental and ownership units. must remain affordable. New tenants and buyers must
meet income requirements, and the rent or sales price must be established according to the current area median
income (interest rates may also be a factor for ownership units). Home buyers are typically allowed to keep a
portion of the proceeds from the sale or to earn a specified rate of appreciation on the unit. Monitoring is
important to assure continued compliance with the initial affordability requirements. A local agency or other
monitoring agent must be established for low- and moderate-income housing developed under inclusionary
zoning. A community land trust is well suited to manage inclusionary housing units, providing a pipeline of income
eligible tenants and buyers.
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Example
Tallahassee: lnclusionary housing ordinance
In exchange for requiring 10% of the units to be affordable, the City of Tallahassee's ordinance provides a 25%
density bonus as well as housing design flexibility, including relief from setback and minimum lot size
requirements.
This inclusionary housing ordinance was challenged by the Florida Home Builders Association as an unlawful
taking, a violation of substantive due process, and an unlawful tax. On November 20, 2007, the Circuit Court of
the Second Judicial Circuit granted summary judgment in favor of Tallahassee on all three counts. The trial court
found the inclusionary housing ordinance to be a land use regulation under the City's police power, and not a
taking of any type. The court recognized that the inclusionary housing ordinance provides a number of benefits to
developers.
Methodology
Sample language for Housing Element
The following may be adapted and used to address the density bonus incentive in the Housing Element:
Goal: Density Bonus Program. The County will have an effective Density Bonus program for affordable housing
that increases the supply of units and offsets the development costs of producing a variety of ownership and
rental housing.
1.1 Objective: Provide criteria for certified affordable housing projects within the Medium and High Density
Residential Development areas for a 10% density bonus according to the following policies:
1.1.1 Density Bonus units must be reserved for households with very low, low or moderate income as defined
in the Local Housing Assistance Plan;
1.1.2 Density Bonus units must remain affordable for a minimum of 30 years [or consider a longer period] or
be deeded to a Community Land Trust;
1.1.3 Site location on a major or minor arterial or major collector street as defined in the Traffic Circulation
Element of the Comprehensive Plan;
1.1.4 Site location of medium density designation may share a boundary with a single-family zoning district;
1.1.5 Site location of high density designation may not share a boundary with a single-family zoning district;
1.1.6 Urban services are available including water and wastewater service from a regional public utility as
defined in the Comprehensive Plan Data Inventory and Analysis (including the Potable Water [Services]
Element and Wastewater Element [Sanitary Sewer Services Element]);
1.1.7 Applicant provides significant open space buffer, natural landscape including a landscaped berm where
appropriate, plant material and/or an aesthetic wall or fence to effectively shield the residential use form any
existing adjacent nonresidential use or from any single-family use;
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1.1.8 For conventional zoning, administrative relief and flexible performance standards are available similar
to that provided in the Planned Unit Development or Mixed Use Planned Development review procedure;
1.1.9 Height limitations shall be provided by the Land Development Regulations;
1.1.10 Applicant provides that all performance standards shall be met.
Additional goal setting may include the formation of a community land trust:
4.0 Goal: The County will seek to create a permanent inventory of affordable housing units in order to meet
current and future housing needs.
4.1 Objective:
4.1.1 Policy: The affordability period will be a minimum of 20 years [or consider a longer period] under the
density bonus program unless the property is deeded to a community land trust.
4.1.2 Policy: The County will form a jurisdiction wide Community Land Trust that will ensure that subsidized
or otherwise resale restricted properties remain affordable through a 99-year renewable ground lease and
that subsequent residents are restricted by income level.
Sample language for the Land Use Element of the Comprehensive Plan
The Future Land Use Element should also address the bonus density incentive. Sample language may include the
following:
14.03 Density Incentives. A 10% density bonus shall be available over the standard density range. Units
produced under the inclusionary ordinance may utilize this provision; or,
All certified affordable housing projects will have by right a 50% density bonus so long as the density does not
exceed the density limit for the land use category of the Future Land Use Plan.
Example
City of Orlando
Description: The City of Orlando operates a voluntary density bonus program. The program offers a density bonus
in several residential, office, and commercial districts. In exchange for more density, the developer must commit
to build affordable housing units on-site. However, instead of building affordable units on-site, the developer may
choose to provide an in-lieu contribution to the "City of Orlando Trust Fund for Low- and Very Low-Income
Housing."
The Land Development Code requires a Neighborhood Compatibility Review for all developments requesting a
density bonus. The purpose of the review is to ensure that the intensity of a development utilizing a density bonus
remains compatible with adjacent neighborhoods. All variances, except variances to height requirements, are
prohibited within developments that have received density bonuses. If the Neighborhood Compatibility Review
is favorable, the applicant can increase the density of development in accordance with the approval.
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In return for the density bonus, the developer is required either to provide on-site affordable housing units equal
to the number or additional units permitted by the bonus or to contribute a percentage of the total construction
costs to the trust fund at the time of permitting. At the time of building permitting, the Building Official
determines the amount of the contribution based on 2% of the total construction costs of the development. The
on-site alternatives require that the affordable units be devoted by deed restriction to low- and/or very low-
income households.
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Strategy : Reservation of infrastructure capacity
Florida Statute 420.9076 (4) (d): "The reservation of infrastructure capacity for housing for very-low-income
persons, low-income persons, and moderate-income persons."
Relevant Statutes
The Community Planning Act of 2011 was enacted by the Florida Legislature to exempt communities, resulting in
removing parks and recreation, schools and transportation from concurrency requirements in their
comprehensive plans. Concurrency for sanitary sewer, solid waste, drainage and potable water infrastructure
remained mandatory. Local governments may voluntarily elect to require concurrency for parks and recreation,
schools, transportation or other facilities. The impact of concurrency on the viability of affordable housing is that
of cost and competition with private-market developments to reserve capacity.
163.3180 Concurrency
(1) Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to
the concurrency requirement on a statewide basis. Additional public facilities and services may not be made
subject to concurrency on a statewide basis without approval by the Legislature; however, any local government
may extend the concurrency requirement so that it applies to additional public facilities within its jurisdiction.
Florida Statutes, Sec. 163.3180 (5) (f) 6 allows local governments that elect to retain transportation concurrency
in their comprehensive plans to reduce impact fees or local access fees to promote affordable or workforce
housing.
Purpose
The reservation of infrastructure capacity is based upon local requirements in largely urban areas, for future
developments to make a reservation to guarantee the new development will meet concurrency requirements by
meeting designated levels of service for certain types of infrastructure. Reservation is the act of setting aside a
portion of available infrastructure capacity necessary to accommodate valid intermediate or final development
orders.
Typically, a local concurrency ordinance requires that public facilities and services that are needed to support
development be available "concurrently" with the impacts from each development. Facilities and services may
include the following:
• Transportation (roadways);
• Public Transit;
• Water supply;
• Sanitary Sewerage;
• Solid waste disposal;
• Flood protection;
• Schools; and,
• Parks .
The designated concurrency review agency is responsible for maintaining data on the current level of service
standards for the public facilities and services. This will inform future development of the exact nature of the
infrastructure capacity available and the impact requirements that may be placed upon a given development.
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This incentive is not a significant factor in areas that may already have infrastructure in place, such as urban infill
areas· or urban service areas. Small scale developments, as well as those proposed to be located in designated
target areas such as community redevelopment areas or enterprise zones, may be exempt from concurrency
requirements. In addition, developments located within a designated vicinity to mass transit systems, such as
light rail, may also be exempt.
It is up to the community to decide how it can assist affordable housing projects in reserving infrastructure
capacity. One way is to waive the filing fees which can reduce overall project costs. Another is to give certified
affordable housing projects priority so that the availability of infrastructure would not be a roadblock to
completing a project.
Considerations
• Non-urban areas probably will not need this type of incentive. However, in urban areas where
concurrency is a significant permitting factor, the local government will need to make a choice in
prioritizing available capacity for market rate, commercial or certified affordable housing projects.
• There can be a cost differential if fees are waived or deferred that can affect capital improvement plans.
Methodology
The Local Government Comprehensive Plan must address this incentive, as it has an impact on several elements
including Capital Improvements, Future Land Use, Infrastructure, and Housing. Florida Statutes, Sec.163.3180 (5)
(fl authorizes a level of relief by allowing local governments that require transportation concurrency to reduce
impact fees or local access for affordable or workforce housing.
A procedure for the certification of projects as affordable is essential to ensure that this provision is used properly
with the intended results.
Sample text for Comprehensive Plan
14.05 Reservation of Infrastructure. The Jurisdiction maintains the right to reserve infrastructure concurrency for
certified affordable housing projects.
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Strategy: Accessory dwelling units
Florida Statute 420.9076 (4) (e): "The allowance of affordable accessory residential units in residential zoning
districts."
Relevant Statutes
Florida Statute 163.31771 Accessory dwelling units. (1) The Legislature finds that the median price of homes in
this state has increased steadily over the last decade and at a greater rate of increase than the median income in
many urban areas. The Legislature finds that the cost of rental housing has also increased steadily and the cost
often exceeds an amount that is affordable to extremely low-income, very low-income, low-income, or moderate-
income persons and has resulted in a critical shortage of affordable rentals in many urban areas in the state. This
shortage of affordable rentals constitutes a threat to the health, safety, and welfare of the residents of the state.
Therefore, the Legislature finds that it serves an important public purpose to encourage the permitting of
accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals
for extremely low-income, very low-income, low-income, or moderate-income persons.
Purpose
An accessory dwelling unit (ADU) is a residential unit that is secondary to the primary residence of the homeowner.
It can be an apartment within the primary residence or it can be an attached or freestanding home on the same
lot as the primary residence. The concept of an accessory dwelling unit is to have an additional complete
residence, meaning a place for sleeping, bathing, and eating independent of the primary home. These smaller
housing units are typically infill units built where there is existing infrastructure, making greater use of the already
developed land.
The ADU offers an incentive for infill development, which uses existing infrastructure and can provide affordable
housing for low- and moderate-income households. Allowing accessory dwelling units could, in theory, become
a popular, successful incentive strategy, since ADUs offer a viable alternative to single-family homes in the
traditional sense. Removing the land use barriers which prevent accessory dwelling units from being built may be
all that local government needs to do for affordable accessory dwelling units to be built.
An accessory dwelling unit creates affordable housing in two ways: the secondary (accessory) dwelling is a small
rental unit that will ordinarily rent at a price within the means of lower-income persons; at the same time, the
rental income from the accessory dwelling unit can render the primary residence more affordable by virtue of the
income it generates for the resident owner of the primary residence.
The American Association of Retired Persons (AARP) sees that the use of ADUs can assist the elderly to "age in
place." The owner of a primary house and ADU may choose to live in the smaller unit and rent out what was the
primary residence, if permitted locally. For a single elderly homeowner living on a fixed income, this arrangement
can provide the perfect affordable living solution: a more appropriately sized living space and a higher rental
income. ADUs are particularly well suited for the lower-income elderly because in addition to increasing
affordability, the elderly homeowner may also obtain companionship and needed services from the tenant in the
ADU.
Since the purpose in permitting accessory dwelling units is to increase the supply of affordable housing, local
governments should place conditions upon the use of ADUs to avoid an "illegal use" such as a Bed and Breakfast.
Local governments could use a loan program to assist in developing the unit, as an effective way to assure
affordability through a recorded land use restriction agreement made in conjunction with the loan.
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Considerations
• Accessory dwelling units can be a very attractive incentive for single-family homeowners who wish to
take advantage of the opportunity to increase the density of their homestead.
• The premise of the ADU is that residents would be small households, perhaps seniors or singles with
lower income or a disability.
• It is possible that if not monitored regularly, these units could be used as vacation rentals that would be
a more intensive use than originally contemplated. Another unintended usage would be student
housing. Even so, the ADU as a "tiny home," duplex or triplex can increase the supply of affordable
housing while also providing a homeowner with extra income.
• In planning to use this incentive, it is important that measures are taken to avoid abuse of what can be
a significant source of affordable housing and one that may not require financial subsidies.
Methodology
Virtually all ADU ordinances require the owner to reside in either the primary or the secondary unit.
• Size regulations: Consider standards to maintain the aesthetic integrity ofthe single-family neighborhood.
Performance standards may work better than arbitrary size limitations to address neighborhood concerns.
• Occupancy restrictions: Some ordinances may prescribe the maximum number of people who can live in
the ADU or the type of renters, such as limiting the rental to elderly or very low-income households.
• ADUs that are built with SHIP funds must comply with all SHIP rental regulations for the accessory unit.
Staff must implement a monitoring plan to monitor an ADU annually to determine if the resident is still
income eligible.
• Waiver of impact fees or impact fee based on square footage rather than by unit may be required to make
an ADU financially feasible.
Example
Citrus County
The following text comes from the County's land development code. It permits ADUs on lots that are one acre or
larger, since the County wants to ensure proper spacing to allow for well and septic requirements.
4451. Accessory Dwelling Units
A. "Accessory dwelling unit" means an ancillary or secondary living unit that has a separate kitchen,
bathroom, and sleeping area, existing either within the same structure or on the same lot, as the primary
dwelling unit. The purpose of this section is to provide for inexpensive housing units. Standards are
designed to protect adjacent properties from adverse impact as well as to protect the general public.
Accessory dwelling units shall enhance and be compatible with the neighborhood in which they are located.
B. General Requirements. All accessory dwelling units shall meet the following standards:
l. No more than one accessory dwelling unit shall be permitted on any one residential lot.
2. The living area of an accessory unit shall be a maximum of 40 % of the principal residence or 750
square feet, whichever is less. The accessory unit shall contain no more than two bedrooms.
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3. The proposed water supply and sewage disposal facilities must be adequate for the projected number
of residents, as determined by the State of Florida Department of Health and/or Citrus County
Utilities.
C. Attached Accessory Dwelling Units. Attached accessory dwelling units may be allowed in single family
homes, through a Level I review, provided that ALL of the following requirements shall be met:
l. Any attached accessory unit shall be located within the principal structure. Principal structure shall be
construed to mean a dwelling unit or house located on a lot, and not any other accessory structure.
An accessory dwelling unit shall be construed to be detached from a principal structure if connected
only by a breezeway, roofed passage, or similar structure, and shall be subject to a Level II Conditional
Use process pursuant to Section 4451.D.
2. The attached accessory dwelling unit shall be located and designed not to interfere with the
appearance of the principal structure as a one-family dwelling unit. The attached accessory dwelling
unit may occupy the first or second story of a two-story residence.
3. A Level II Conditional Use pursuant to LDC Section 4451.D shall be required for an accessory dwelling
unit when any of the requirements in C.1 through C.2 cannot be met.
4. An affidavit regarding rental at an affordable rate is NOT required for an attached accessory dwelling
unit.
D. Detached Accessory Dwelling Units. Detached accessory dwelling units may be allowed, through a Level
II Conditional Use, subject to the following supplemental standards:
l. Detached accessory dwelling unit. A detached accessory dwelling unit may be completely detached
from a principal structure or connected by a breezeway, roofed passage, or similar structure. The
accessory unit shall not be sold separately and may be rented.
2. Principal structure. A single-family dwelling exists on the lot of record or will be constructed in
conjunction with the accessory unit.
3. Occupancy. The property owner must occupy either the principal or accessory dwelling unit. The
occupancy of the accessory unit shall be limited to two adults and their children.
4. Lot size. Detached accessory dwelling units may be developed on any lot of record that is one acre or
more in size.
S. Setbacks. Setbacks for accessory dwelling units shall meet setbacks for accessory structures, pursuant
to LDC Section 4420.
6. Design. The accessory unit shall be similar to the primary residence in exterior wall materials, window
types, door and window trims, roof materials and roof pitch.
7. Height. Detached accessory dwelling units shall be limited to one story, except that they may occupy
the second story above a detached garage.
8. Screening. Landscaping and fencing shall provide privacy for, and be compatible with, adjacent
properties.
9. Supplemental Design Standards in any adopted Special Overlay District. Accessory units shall comply
with all supplemental design standards applicable to residential projects.
10. Location limitations. Detached accessory dwelling units shall not be located in the following areas, as
adopted in the LDC and the LDC Atlas:
a. Inside the Coastal High Hazard Area (CHHA).
b. Inside the 5-mile radius overlay zone around the Crystal River Power Plant.
11. Compliance. The following shall be submitted with the Conditional use application for a detached
accessory dwelling:
a. A site plan and elevation drawings, of both the primary and accessory dwelling units, shall be
submitted to ensure that the development standards required herein are adhered to.
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b. An affidavit shall be submitted which attests that the accessory unit or the primary unit is
rented at an affordable rate to a very-low-income, low-income, or moderate-income persons.
Affordable rate is as defined in Land Development Code Section 1500.
c. Construction of affordable accessory units that includes public/private partnerships, such as
"Habitat for Humanity", are encouraged.
Sample text for the Housing Element
The following language may be added to the Housing Element.
1.2 Objective: Provide for the approval of accessory dwelling units subordinate to single family homes that are
located in Agricultural (2.5 and 5), Residential Estate, Residential Suburban, Residential Urban and Mixed-Use
Development land use categories. The following policies shall apply to accessory dwelling units:
1.2.1 Accessory dwellings shall be subordinate to the primary dwelling and not exceed 50% of the total square
foot are of the primary dwelling and in no case may exceed 1,200 total square feet.
1.2.2 Accessory dwellings by nature are affordable and are not subject to any tests for affordability to lower
income residents.
1.2.3 Accessory dwelling units may be attached to the primary dwelling or detached. They must be
architecturally compatible and comply with all setbacks and other performance standards.
1.2.4 Accessory dwellings are not permitted on barrier islands.
Sample text for the Future Land Use Element
14.07 Accessory dwelling units are permissible as a subordinate unit to single family homes that are located in
Agricultural (2.5 and 5), Residential Estate, Residential Suburban, Residential Urban and Mixed-Use Development
land use categories. The following policies shall apply to accessory dwelling units:
14.07.01 Accessory dwellings shall be subordinate to the primary dwelling and not exceed 50% of the total
square foot are of the primary dwelling and in no case may exceed 1,200 total square feet. The accessory unit
need not be attached to the primary dwelling unit.
14.07.02 Accessory dwellings by nature are affordable and are not subject to any tests for affordability to
lower income residents.
14.07.03 Accessory dwelling units may be attached to the primary dwelling or detached. They must be
architecturally compatible and comply with all setbacks and other performance standards.
14.07.04 Accessory dwellings are not permitted on barrier islands.
Additional resources related to accessory dwelling units
Accessory Dwelling Units Model Local Ordinance, Public Policy Institute, American Planning Association
• AARP engaged the APA to develop a model state act and local ordinance as a resource for meeting the
affordable needs of elder Americans.
Municipal Research & Service Center of Washington: Accessory Dwelling Units Issues and Options
• http://mrsc.org/getmedia/54c058a5-4d57-4192-a214-15f2fa5ac123/Accessory-Dwelling-
Units.pdf.aspx?ext=. pdf
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Strategy : Reduction of parking and setback requirem ents
Florida Statute 420.9076 (4) (g): "The reduction of parking and setback requirements for affordable housing."
Purpose
The modification of parking and setback requirements can resolve issues an affordable housing project might have
in design and siting in an infill area. While the intent of setbacks is to create consistency in building massing and
to preserve sight lines, utility easements, or future rights of way, there are many cases when the modification of
these requirements can result in sufficient land area for the development. The result of traditional deep setback
requirements are large lot sizes and when combined with minimum dwelling sizes result in neighborhoods that
are priced out of range to lower-income residents. Setback requirements that are reduced for affordable housing
projects can result in more integrated neighborhoods, as well as making them more accessible to shared living
arrangements.
Some housing developments-including those focused on housing for elderly residents or people with
disabilities-may benefit from a reduction in the required number of parking spaces required by the land use
code. Similarly, builders may benefit from the flexibility in design that comes with reductions in setback
requirements for the sides of a lot. Although 15-foot side setback requirements are common, allowing smaller
setbacks may offer more freedom when arranging a home on a lot. One example of flexible lot configuration is
zero-lot-line configuration. This option could allow a builder to locate two neighboring houses back-to-back, with
a common wall between them on the lot line, solid all the way to the gable. In this design, the lot line is the
property line for purposes of the legal description, and so this configuration is not considered multi-family housing.
These modifications need to be reviewed on a case by case basis.
Considerations
• It is important that the relaxation of certain development regulations does not have a negative visual or
functional result.
• It is important to determine whether the proposed project is required to remain in the proposed use for
a long period of time and that a strategy be in place to revert to original standards if the use is not
continued. This is a practical matter that should be resolved by the reviewers.
Example
City of Orlando
Neighborhood Compatibility Review Criteria. Because alternative housing development permits significantly
reduced front- and rear-yard setbacks, these development standards may, in some instances, be insufficient to
ensure compatibility with the surrounding block face. In order to ensure that the design of an existing platted infill
lot utilizing alternative housing development remains compatible with existing development within the block face,
the Technical Review Committee (TRC) shall issue a written report determining whether the use of the alternative
development standards will have a significantly greater negative impact on the block face than infill development
developed in accordance with the general development standards of the applicable zoning district. The
comparison shall be based upon a comparison of the proposed infill development utilizing the alternative
development standards, the general development standards of the applicable zoning district, and the existing
development within the surrounding block face and shall address:
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• Whether the proposed building setbacks vary significantly from the applicable zoning requirements and
the existing setbacks within the block face;
• Whether the proposed building envelope is appropriate for the block face and for the width and depth of
the infill lot;
• Whether building setbacks significantly decrease sight-line separation between building sites; and
• Whether the massing of the proposed infill development is appropriate for the surrounding block face.
Neighborhood Compatibility Review Findings. The Technical Review Committee shall issue written findings of
impact at any time before the issuance of alternative development approval. If a significant negative impact is
present, the TRC shall deny the request or, as a condition of alternative development approval, shall require
compliance with enhanced development standards to remove the negative impact. Such enhanced development
standards may include increased building setbacks, reduced building massing, and/or reorientation of the
building. Whenever the applicant disagrees with the decision of the TRC or any conditions and safeguards imposed
by the TRC, the developer may elect to appeal the application to the Municipal Planning Board (MPB). Such appeal
shall be filed within 10 days of the TRC decision or determination. The MPB shall review the decision and approve,
deny, approve with modifications or refer the matter back to the TRC for further consideration based on specific
instructions. If the TRC determines that there is no negative impact, or if the developer agrees to comply with
enhanced development standards set by the TRC, then the developer need only submit all necessary documents
for building permitting in accordance with the TRC approval and the requirements of Chapter 65, Part 2C.
Setbacks
Principal building setbacks. Except as otherwise specifically permitted, the following standards shall apply. The
front yard setback shall be measured from the face of the structure to the property line or, if present, the city
services easement. If the Developer elects a O-ft. side yard setback, the project shall be platted as a zero-lot-line,
z-lot, or Attached Dwelling development utilizing the Alternative Development standards. For zero-lot-line or z-
lot development, access and maintenance easements shall be required in accordance with the zero-lot-line
development standards. For Attached Dwelling development, there shall be no minimum building separation
requirement; however, a minimum perimeter setback of 10 ft. shall be required in accordance with the Attached
Dwelling development standards.
Sample text for Comprehensive Plan for parking relief
14.06 Parking relief. Parking requirements for affordable housing projects shall be considered on a case by case
basis administratively with consideration of the demographics of the intended residents of the property, the
availability of mass transit or off-site parking.
Sample for street parking alternative
Parking relief
Parking requirements shall be considered on a case by case basis administratively with consideration of the
availability of mass transit or off-site parking.
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Strategy: Flexible lot considerations
Florida Statute 420.9076 (4) (f): "The allowance of flexible lot configurations, including zero-lot line configurations
for affordable housing."
Purpose
Minimum parcel/ large lot and setback requirements prevent development of smaller homes. Development
regulations that include standards such as large lot and setback requirements prevent the development of smaller
homes. A zero-lot line incentive allows a builder to place a unit on the edge of the side boundary of the lot. This
exposes a significant strip of usable land on the other side boundary, which the home owner may be able to use
in some way.
Considerations
• Granting relief for lot configurations should be made on a case by case basis to avoid unintended negative
impacts on the appearance and functionality of a lot and the streetscape.
• Setback relief for the installation of accessibility modifications, such as a ramp that must be built within a
setback, should be by administrative approval. This request is in the form of a reasonable accommodation
and should be treated as such.
Methodology
The availability of alternative site criteria should be included in the zoning and land development regulations with
a specific procedure for review and approval. The approval should be administrative and not require a public
hearing.
Example
City of Orlando
Site design incentives: Certified affordable housing projects or projects with a minimum of 20% affordable housing
units are eligible for flexibility and administrative relief for site design elements. This is to allow for the additional
density permitted through the inclusionary ordinance. Developments submitted under conventional zoning shall
receive the same flexibility in interpretation of the performance standards as a Planned Unit Development.
Administrative relief may be granted for all aspects of the Development Review Procedures provided the overall
development is consistent with the Comprehensive Plan.
Open space: A 50% open space requirement reduction is permissible for certified affordable housing projects.
Setbacks: Setbacks for certified affordable housing projects may be varied or reduced from standard requirements
on a case by case basis and approved administratively by the Growth Management director.
Zero-lot line development: Certified affordable housing projects may request zero-lot line configurations on a case
by case basis where and approved administratively by the Growth Management director.
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S t ra t e gy : M o d ifi c a t io n o f st re e t re q u ir e m e n t s
Florida Statute 420.9076 (4) (h): "The modification of street requirements for affordable housing."
Purpose
The modification of street requirements can reduce developer costs.
An affordable housing development may benefit from modifications to street requirements in the land use code.
Modifications may free up land for lots and may allow for more flexible design.
Building codes list a number of requirements related to streets: curb allowances, drainage requirements, utility
easements, requirements for a bike path, and/or parking on both sides of the street.
An example illustrates how affordable housing may benefit from modification of street requirements:
Some affordable housing subdivisions or rental properties may benefit from an allowance for parking on only one
side of the street. This reduces the required width for the road, which reduces paved area and its accompanying
drainage and water retention area requirements. By designing for parking on one side of the street, rather than
no street parking, a developer avoids a design that devotes too much space to parking in a garage, carport or
elsewhere on the lot. This example demonstrates that there are trade-offs to be considered with each
modification to street requirements.
Often, regular zoning comes with standard street requirements. If, however, a developer chooses the Planned
Unit Development option, street requirements and more may be negotiated. This approach requires a public
hearing, however, which might attract neighborhood opposition. As an alternative, address street modifications
through "administrative procedures," granted on a case by case basis by Planning or Development Services staff
as they review the details of each project.
Considerations
• Some affordable housing subdivisions or rental properties may benefit from an allowance for parking on
only one side of the street. This reduces the required width for the road, which reduces paved area and
its accompanying drainage and water retention area requirements. By designing for parking on one side
of the street, rather than no street parking, a developer avoids a design that devotes too much space to
parking in a garage, carport or elsewhere on the lot. This example demonstrates that there are trade-offs
to be considered with each modification to street requirements.
• Often, regular zoning comes with standard street requirements. If, however, a developer chooses the
Planned Unit Development option, street requirements and more may be negotiated. This approach
requires a public hearing, however, which might attract neighborhood opposition. As an alternative,
address street modifications through "administrative procedures," granted on a case by case basis by
Planning or Development Services staff as they review the details of each project.
• With most regulatory reform incentives, an important consideration is to avoid the unintended
consequence of creating a substandard neighborhood. The AHAC statute says to "recommend specific
actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the
property to appreciate in value."
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Example
An allowance for parking on one side of the street: This incentive reduces the required width for the road, reduces
paved area and accommodates drainage or water retention. This design allows for parking on the street instead
of garage or carport, which can reduce construction costs. However, this approach may require a public
hearing.
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Strategy : Ongoing regulatory review pro cess
Florida Statute 420.9076 (4) (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."
Like having an expedited process for the review of affordable housing development, this incentive is required to
be adopted.
Purpose
The purpose of this incentive is to provide oversight of proposed new regulations. This oversight may help
minimize additional development costs. By some estimates, regulatory requirements account for a large portion
of total building costs. Each local community is challenged to think creatively about ways to reduce regulatory
costs. This incentive creates an awareness of the potential impact that proposed regulations can cause, as well as
the economic impact of these decisions on affordable housing. It is a way to require the local government to
consider and perhaps weigh or balance the government action's impact on the ability of the private sector to
develop affordable housing. This is akin to an economic impact statement.
This impact is required to be tracked by City/County staff and reported each year with the submission of the
Annual Report. The chief elected official or designee must execute a certification where it is confirmed that there
is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the
cost of housing prior to their adoption, and the cumulative estimated cost per newly constructed housing per
housing unit, and the estimated cost of these action for each State fiscal year. They must also report the
cumulative cost per rehabilitated housing per housing unit, from these actions for each fiscal year and the
estimated cost for that year.
Considerations
The implementation of this process requires an affordable housing economic impact analysis to be provided to
elected officials when they are considering each policy, procedure, ordinance, regulation, or plan provisions
before adoption. It requires the staff assigned this task to determine if decisions have a financial impact on
affordable housing and the actual dollar amount of this impact if the policies, procedures, ordinances, regulations,
or plan provisions are approved.
Methodology
Determining how staff will identify the impact of policies, procedures, ordinances, regulations, or plan provisions
before their adoption requires that a process be set in place and key personnel identified who are responsible for
this ongoing review. To properly implement this requirement, the key staff involved with the review must have
access to all proposed policies, procedures, ordinances, regulations, or plan provisions with sufficient time before
they are presented to the City/County Commission or government body to review the proposed change, identify
if there is a financial impact on affordable housing, and the exact amount of that impact. This may require
additional research, meeting with other government staff and attending council and commission meetings to
provide this information to the government body before the policy, procedure, ordinance, regulation, or plan
provision is adopted. This requirement does not prohibit local government from taking actions that increase the
cost of housing; it is meant to assure that if they choose to do so, they do it knowingly.
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Examples
City of Orlando
Description: The Florida Statutes require local governments to establish a process by which a local government
considers, before adoption, policies, procedures, ordinances, regulations, or plan revisions if the adoption
increases the cost of housing. Land Development Code (LDC) amendments and Growth Management Plan (GMP)
amendments are reviewed by the Planning Division and the Municipal Planning Board. Final review and approval
is by City Council. Those responsible for reviewing proposed ordinance and policy amendments consider a variety
of issues including the reason(s) why the amendment is being proposed and whether the regulations and policies
within the LDC and GMP respectively support the proposed amendment.
Established policy and procedures: All LDC and GMP amendments that may impact the development of affordable
and attainable housing are reviewed by the Housing Expediter and the Affordable Housing Advisory Committee
before submission to City Council for approval. During the review of the proposed policy or regulation, staff
performs research on the impacts of that policy or regulation on housing cost in the Technical Review Committee
Project and Analysis Report. Staff from the initiating department/division discusses the policy impact with the
Housing Expediter. The Housing Expediter then schedules a meeting to present the policy amendment to the AHAC
with a Housing Impact Statement detailing the economic impact for the development of affordable or attainable
housing. Recommendations by the AHAC regarding the impacts of the proposed regulations or policy on housing
costs are included in the MPB report for recommendation to City Council, who makes the final decision.
Hillsborough County
Example of an ongoing process for review of local policies, ordinances, regulations and plan provisions that
increase the cost of housing prior to their adoption:
The Board of County Commissioners approved the creation of a permanent Affordable Housing Advisory Board
(AHAB) to advise and make recommendations to the Board of County Commissioners and Affordable Housing
Services on issues affecting affordable housing development. The AHAB is to assist the County in developing new
programs and policies in order to foster the development and preservation of attainable housing for those County
residents who desire to live in safe, decent and affordable housing. County housing staff shall draft an
Administrative Directive for consideration by the County Administrator establishing a requirement for
consultation among the relevant departments or offices before drafting policies, procedures, ordinances,
regulations or plan provisions to determine the effect on affordable/workforce housing development or the cost
of housing development. This includes activities which may impact the protection of current affordable/workforce
housing or the rehabilitation of the existing housing stock for low-income homeowners/buyers.
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Strategy : Surplus lands inventory
Florida Statute 420.9076 (4) (j): "Prepare a printed inventory of locally owned public lands suitable for affordable
housing. Determine a method for selling or donating this land for affordable housing development."
Relevant Statutes
The formation of a surplus and inventory for affordable housing is a statutory requirement.
Beginning in July 2007, and every three years thereafter, each county and municipality in Florida must prepare an
inventory list of all the real property it owns that is appropriate for use as affordable housing. (See respectively,
Sections 125.379 and 166.0451, Florida Statutes, 2006).
The inventory list must go to a public hearing, and it may be revised afterward. Following the public hearing, the
governing body must adopt a resolution that includes the inventory list.
• Florida State Statues 125.379 & 166.041 passed in 2007, commonly known as the Surplus Lands Bill.
• These statutes mandated that by July 2007, and every 3 years thereafter, each county and municipality
shall prepare an inventory list of real property within its jurisdiction to which the county or municipality
holds fee simple title that is appropriate for use as affordable housing.
Section 420.615, Florida Statutes
A local government may provide "density bonus incentives" to any landowner who voluntarily donates land to the
local government for affordable housing.
• The land must be subject to deed restrictions.
• The additional units built do not have to be affordable.
Purpose
Discounted or donated land can significantly reduce the cost of developing affordable housing. Locating suitable
land for affordable housing can be challenging. Surplus public land is a valuable resource, and it is essential to
have guidelines to ensure that that these parcels are properly identified and used for affordable housing.
Available land that is suitable for affordable housing development is a primary concern for housing providers. A
land bank is an active and thorough tool that can be used to implement the surplus land stature With appropriate
disposition, policies can create more opportunities for the successful development of affordable housing.
Considerations
• A properly managed land bank requires a commitment of staff time.
• The resolution of title issues requires legal action and incurs costs for counsel and quiet title actions.
• Disposition policies that are not properly designed can result in either too little activity due to burdensome
requirements or excessive demand from private developers who may be able to sidestep affordable
housing provisions.
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Methodology
The land bank is an ongoing program; to be truly effective it will require staff resources and should become an
integral part of the housing planning process. The essential components are an Action Plan, and Operating
Procedures. An advisory committee can serve as the oversight group that reviews and possibly improves upon
the land inventory that is being developed and maintained as well as disposition procedures.
Greater commitment to finding or creating appropriate parcels can render the surplus lands initiative more
successful. The three examples below illustrate this:
1. Oftentimes, local government obtains title to environmentally sensitive properties for conservation, but
not all the land obtained in a particular transaction is environmentally sensitive or important for
conservation. In that instance, lands for affordable housing may be derived from separating non-sensitive
lands from environmental acquisitions.
2. Wi th property appraisal data readily available on-line and the large number of realtors who are both
affordable housing advocates and knowledgeable about local inventory, an advisory committee may be
in the position to ask why a certain parcel is not on the list. Remember, the list initially submitted for
review at the public hearing may not be the list that is ultimately adopted by resolution.
3. The amended statute that requires land inventories offers complementary provisions to all special
districts, created under a special act or general law, including all independent districts, community
development districts, fire control districts, and water districts to provide housing and housing assistance
for its employed personnel whose total annual household income does not exceed 140% of the area
median income. Consider reaching out to these special districts, since the people in the business of
providing these government infrastructure services may have little understanding about what affordable
housing is, how it is developed, and what financial programs are available to assist their employees.
Escheated properties
In cases where the property has escheated pursuant to Florida Statute 592 (3) the county is required to convey
the property to the city in which the land is located but only if certain conditions apply. In the event the city does
not accept title to the property, the disposition of the property would be at the county's discretion. This
underscores the importance of a policy for affordable housing land banking.
Steps to establish and operate a Land Bank Program
Phase I Establish Land Bank Program
• Appoint staff to implement the program;
• Appoint advisory committee (may be sub-committee of AHAC);
• Review the county and city owned land inventory;
• Review all outstanding code liens;
• Review status of abandoned or tax foreclosed properties;
• Review status of escheated properties;
• Develop a spreadsheet or other database that includes the parcel identification, legal description, address,
ownership, site dimensions, known tax or code liens, type of deed (tax or otherwise) current zoning and
land use and a comment on suitability;
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• Solicit offerings of properties from the private sector; conduct due diligence, add to land bank for future
purchase consideration;
• Categorize or prioritize parcels for quiet title action; and,
• Provide funding for legal services to conduct legal proceedings.
Phase 2 Develop Operating Procedures
• Develop Acquisition Procedures; and,
• Develop Disposition Procedures.
Phase 3 Activities
• Identify remediation requirements so properties are insurable for title insurance.
Due diligence
When determining if a lot is suitable for affordable housing, consider the following forms of due diligence:
• Environmental conditions;
• Available infrastructure;
• Access by public roads;
• Zoning and Land use classifications;
• Proximity to transportation, services and employment centers;
• Size and dimensions characteristics with consideration for assemblage; and,
• Consolidation with other parcels.
Sample text for the Housing Element
The following language may be added to the Housing Element. Note that this is not the complete requirements
for a housing element but just the currently reviewed areas for strategic planning improvements.
1.3 Objective: Initiate the operation of a publicly-owned land bank with the purpose of providing land for
affordable and workforce housing in conjunction with local private nonprofit housing providers.
1.3.1 Policy: The County will adopt Land Bank Guidelines to direct and clarify the land bank program including
goals, priorities, principles and policies for both acquisition and disposition.
1.3.2 Policy: The County will comply with Florida Statutes in the identification of surplus property suitable for
affordable housing through a minimum of a bi-annual survey and report. The disposition of such properties
will comply with the Land Bank Guidelines
Disposition of surplus land
The disposition of surplus lands should further the goals of the Local Housing Assistance Plan and the Housing
Element of the Comprehensive Plan. Convey parcels to projects that can be occupied within 24 months with
appropriate long-term affordability through land trust, deed restrictions or mortgages. The advisory committee
has the opportunity to establish or improve upon the policies for land disposition. Parcels might, for example, be
reserved for those recipients who are part of ongoing affordable housing partnerships. Each local government
may decide to prioritize the use of surplus land for those lowest income applicants most in need, or for uses
identified as priorities in the comprehensive plan. Each community may decide whether to allow for-profit
developers to develop on surplus land, or may only provide such land for nonprofit developers. Consider also that
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local governments throughout Florida are currently faced with the displacement of mobile home park residents;
putting public surplus lands into the hands of a nonprofit to provide permanent housing for displaced mobile
home park residents may be ideal for many communities.
Examples
Sarasota
Some communities that have large platted lands may hold title to hundreds of lots that have escheated to the
county. Sarasota County was one such jurisdiction. Some of these were sold to raise funds for public projects and
some were dedicated to affordable housing. There are special legal procedures for returning escheated properties
to the tax rolls, which is why the city or county attorneys are essential partners in this process, as well as title
clearing efforts.
Palm Beach County
As required by Florida Statute 166.0451, the Department of Housing and Community Development maintains a
listing of City owned properties that are appropriate for use as affordable housing. The property list shall be
updated and provided to the City Commission for surplus approval when surplusing is required and for information
purposes no less than annually.
The Department of Housing and Community Development is, upon approval of this Housing Assistance Incentives,
authorized to dispose of the properties for affordable, attainable or workforce housing purposes with the advice
and consent of the Mayor. The Mayor is authorized to execute all documents necessary achieve the disposition.
The methods of disposition may include:
• Sale of the properties with the proceeds going to the Housing Trust Fund;
• Transfer of properties, at no cost, to a nonprofit for the development of affordable housing;
• Selling to nonprofits or private parties with a provision that the property be used for an affordable,
attainable or workforce housing projects; or,
• The City may retain the properties to build or preserve affordable, attainable or workforce housing.
The City Commission shall be advised of all such dispositions on a quarterly basis.
Sanibel Island
Sanibel Island in Lee County has over 4,200 employees who commute over 40 miles per day to work. With the
island at build-out, Community Housing Resources, Inc. (CHR) ventured off island to partner with Shell Point
Retirement Community, to join forces in seeking the donation of surplus land from Lee County's inventory. With
their eye on a 20-acre parcel just off the island's causeway, CHR formed a subsidiary, Island Coast Community
Land Trust and signed a two-year exploratory agreement with Shell Point to develop a variety of housing types to
serve both island and Shell Point workers who are burdened by lengthy commutes and a shortage of affordable
housing. Six units were completed on the parcel which were sold as land trust homes to island workforce
households.
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Strategy : Transportation hubs and transit-oriented developm ent
Florida Statute 420.9076 (4) (k): ''The support of development near transportation hubs and major employment
centers and mixed uses"
Purpose
Development near transportation hubs: Land use requirements that support development near transportation
hubs and major employment centers help low- to moderate-income residents use public transportation,
reducing their transportation costs. In many urban areas of Florida, the costs of owning and maintaining an
automobile is the second largest expense after housing. Relaxing land use requirements can result in more units
being built. This can reduce the price of the units making them more affordable.
By concentrating development around transit hubs, local government can make public transportation more
convenient to users and improve ridership. Further, by having citizens use public transit, there is less pressure to
expand roads, which can be very costly in highly urbanized areas. Transit hubs are typically not in residential
areas, so the massing of densities is usually appropriate for the neighborhood.
Transit-oriented development
More Florida communities are developing rail transit systems. In 2012, the Florida Department of Economic
Development prepared a framework and guidelines to help communities plan for development within the vicinity
of transit stations. This planning framework is generally referred to as Transit Oriented Development (TOD) and
was included as an incentive in the SHIP program. TOD recognizes that urban and regional planning can support
viable transportation infrastructure that can reduce transportation costs for residents while at the same time
reducing dependence on fossil fuels.
Proper planning of transit centers can boost ridership, spur economic development, limit sprawl, and minimize
the impact of traffic congestion. It can also alleviate the need for lower-income households to rely solely on
personal automobiles which can result in great financial opportunities for housing, health care and/or education.
TOD planning is focused on land use patterns within a quarter to a half-mile of transit stations. This planning area
has been shown to have increased property values. This increase, ironically, can result in pricing lower-income or
workforce households out of the neighborhood transit area. It is important to prioritize the development of
affordable housing in transit station neighborhoods. This can be done with regulatory incentives that would
include any of the Incentive Plan methods, but also financial incentives. Financial incentives could include giving
higher scores to applications for funding that are in TOD areas. Other development incentives can include the
enhancement of walking and cycling opportunities to coordinate with the TOD system.
TOD incentives or strategies can include the following:
• Expedited permit review;
• Funding priorities placing higher scores on applications;
• Flexible residential development strategies such as density and site criteria;
• Reduced impact fees;
• lnclusionary housing program;
• Land acquisition and land banking reserved sites for residential development that targets workforce
households; and,
• Reduced parking requirements.
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TOD methods may not be relevant in suburban or rural areas but the strategies reflect an effort to limit sprawl
and encourage centralized development which can benefit the workforce.
A Transit Oriented Development Site should:
• Be a mixed-use project;
• Incorporate features to encourage transit ridership;
• Have an activity center with a proposed transit station or stop;
• Be located within a radius of one-quarter to one-half mile from an existing transit station or stop; and,
• Be designed at no less than 90% of the maximum floor area ratio (FAR) or 90% of the maximum density
allowed.
Considerations
• In the absence of inclusionary zoning, there is no incentive for the developer to utilize the increase
densities or relaxed land regulations to increase the supply of affordable housing. By increasing the
number of households, schools and basic services will also need their capacity increased.
• Public transportation hubs are not typically found in the less urbanized regions of the state. In addition,
citizens may prefer to live in suburban subdivisions when available, and at a reasonable cost, over a highly
concentrated development.
Methodology
There are a number of methods to relax land regulations to allow more units to be built near transit hubs. Densities
can be increased as part of an overlay district. Also, land development regulations regarding parking, height, and
green space can all be relaxed to allow more housing to be built.
Examples
City ofTampa
Under the Comprehensive Plan there are established criteria for main corridors. Light rail routes will be focal
points for proposed affordable housing. Most bus routes are currently accessible along main corridors. The
Comprehensive Plan incorporates significant use of transit.
The City's policy is to determine the future needs of the aging population and address those needs in the
Comprehensive and Consolidated plans. Future needs of disabled population for housing is also a key concern.
The City's policy is to focus recommendations on the Urban Core and transit/economic development areas, but
not to the exclusion of the rest of the City. The City will also explore funding from SMART grants.
City of St. Petersburg
The City supports development near transportation hubs and major employment centers. Moreover, the City
supports mixed use development. In order to be successful, development near transportation hubs and
employment centers typically includes a mixture of land uses, as well as higher densities and higher floor area
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ratios. The City's land development regulations (LDRs) encourage mixed-use and mixed-income, higher-density
development that is concentrated along major corridors and within five designated activity centers: Gateway, In
town/Downtown, Central Plaza, Central Avenue Corridor and Tyrone area.
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IX. Distinguishing Betw een the A HA C Report and the LHA P
Recommendations of the AHAC Report are incorporated into the LHAP
The AHAC recommends incentive strategies to the local government. Those recommendations which local
government adopts are incorporated into the local housing assistance plan. The LHAP is defined in the SHIP Statute
as "a concise description of the local housing assistance strategies adopted by the local government resolutions
with an explanation of the way in which the program meets the requirements of subsection 420.907-420.9079
and corporation rule."
Compare and contrast AHAC and LHAP
While the AHAC Report summarizes the process and outcome of the committee's review of the SHIP community's
land use, zoning policies and practices, the LHAP is a comprehensive planning document that not only identifies
the recommended strategies from the AHAC Report but also includes policies and procedures to implement
housing activities and the incentive strategies. The LHAP also identifies the funding levels and proposed outcomes
for each housing strategy.
The required elements of the LHAP are identified in the SHIP Statute at 420.9075. The LHAP template includes the
following sections:
Section I - Program Details;
Section II - Housing Strategies;
Section Ill - Incentive Strategies; and,
Section IV - Exhibits.
Section Ill, Incentive Strategies, identifies the two mandatory incentive strategies (expedited permitting and
ongoing review process) and requires that the local government describe the procedures it will use to implement
each strategy. The template also allows for the insertion of any additional incentive strategies the city or county
may choose to adopt.
Overview of the 3-year LHAP update
Local governments are required to update their LHAP every three years. Table 3. LHAP Due Dates, found on the
following page, provides the LHAP deadlines for each SHIP recipient for 2017-2019.
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Table 3. LHAP Due Dates
New LHA P Due May 2, 2017 Current Due May 2, 2018 Current Due May 2, 2019 Current
irr I a
I ALACHUA 6/30/201 I BAY 6/30/20181 BRAD FO RD 6/30/2019
p BAKE R 2017 2 BRE VARD 6/30/2018 CAL HOUN 6/30/2019
B C O L UM B IA 2017 3 GUL F 6/30/2018 CITRUS 6/30/2019
~ D E SO T O 2017 4 /H ARDE E 6/3 0/2 018 C LAY 6/30/2019
~ D IX IE 2017 5 IN DI A N RI V E R 6/30/2 0185 D AD E 6/30/2 019
6 G AD SD E N 2017 6 JA C K SO N 6/3 0/2 018 FRA NKL IN 6/30/2019
f7 HAM IL T O N 2017 7 JE F FE R SO N 6/30/2 018 FL A G L E R 6/30/2 019
~ H E N D R Y 2017 8 LA KE 6/30/2 0188 GI L C H RI ST 6/30/2 019
B9 H E R N A ND O 2017 9 M A N A T E E 6/30/20189 G L AD E S 6/30/2 019
1 O L AF A Y E TTE 2017 IO,N A SSA U 6/30/2 018 IC H IG H L A N D S 6/30/2 019
Il LE E 2017 11/O RA N G E 6/30/2 018 11 H IL L SB O R O U G H 6/30/2019
12LE O N 2017 12 P A SC O 6/30/2 018 12H O L ME S 6/30/2 019
13 LI B E RT Y 2017 13 PI NEL L A S I 6/30/2 018 13LE VY 6/30/2 019
14/M AD ISO N 2017 14 PU TN AM I 6/30/2018 14M ARI O N 6/30/2019
15/M AR T IN 2017 15,T A YL O R 6/30/2 018 I M O N R O E 6/30/2 019
16 P O L K 201 7 16 W A K UL L A 6/30/2018 16 O KE E CH O BE E 6/30/2 019
I St.JO HN S 20 17 6/30/2 018 I PAL M B E A C H 6/30/2019
18 SUW A NNE E 2017 18 ST. L U CI E 6/30/2 019
19 UN IO N 2017 I 18 19 SA N T A R O SA 6/30/2 019
[W A SH IN G T O N 2017 Ci ti es L HA P 20 SE M IN O L E 6/30/2019
C iti es L HA P 17 B O YNT ON B E A C H I 6/30/2 018 21 SUM T E R 6/30/2019
20/B RAD E NT O N 2017 18 CL E AR W A TE R 6/30/2 018 2 V O L U SIA 6/30/2 019
21 D A Y T O N A B E A C H 2017 19 F O R T PIER C E 6/30/2 018 23 W A L T O N 6/30/2 019
22 G A IN E SV IL L E 2017 20 O RL A N D O 6/30/2 018
23 L AKE L A ND 2017 21 PA N A M A C IT Y 6/30/2 018
24 N O R T H M IA M I 2017 22 PO M PA N O B E A C H 6/30/2018 C iti es L HA P
25 P A L M B A Y 2017 23/S T. PE T E R SB UR G 6/3 0/2 018 24 B O C A RA T O N 6/30/2 019
26 WIN TE R H A VE N 2017 24 WE ST PAL M B E A C H 6/30/2 018 25 C A PE C O RAL 6/30/2019
26 C OC O A 6/30/2019
lo terlocals L HA P Interl ocals L HA P 27 D E E RF IE L D B E A C H 6/30/2 019
27,28 C HA RL O TT E /P UN T A 201 7 25,26 D uval Jacks onvill e 6/30/2 018 28 D E L RA Y B E A C H 6/30/2 019
29,30 Saras ota /Saras ota C o 2017 29 D E L T O N A 6/30/2019
T ota l D u e 2018 27 30 FO R T LA U D E RD AL E 6/30/2 019
31 FO R T M Y E R S 6/30/2 019
T ota l D ue 2017 30 32 H IA L E A H 6/30/2 019
I 33 H O L L Y W OO D 6/30/2 019
34 L AR G O 6/30/2019
I 35 LA U D E RH IL L 6/30/2 019
36 M AR G A TE 6/30/2 019
37 M E L B O U RN E 6/30/2019
38 M IAM I 6/30/2019
39 M IA M I B E A C H 6/30/2 019
40 M IA M I G A RD E N S 6/30/2019
I 41 M IRAMAR 6/30/2 019
I 42 O C A L A 6/30/2 019
43/P E M B R OK E PIN E S 6/30/2 019
I I 44 PL A NT A T IO N 6/30/2 019
I I 45/P O R T O RA N G E 6/30/2 019
I 46/P O R T ST . L U C IE 6/30/2019
47 S UN R ISE 6/30/2 019
48 T AL L A H A SSE E 6/30/2 019
49 T AM A RA C 6/30/2 019
50 T AM PA 6/30/2 019
51 T IT U SV IL L E 6/30/2 019
I
I In terl ocals L HA P
I 52,53 B R O W A RD /C O RA L 6/30/2 019
54T O WN O F D A VI E 6/30/2 019
I I 55,56 C O L LI E R/N A PL E S 6/30/2019
57,58 E SC AM B IA/P E N SA C OL A 6/30/2019
59,60 O KA LO O SA/F T . W A L T O N 6/30/2019
I 61,62 O SC E O L A I K ISSIM M E E 6/30/2019
I I
I T ota l D ue 2019 62
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L H A P a p p r o v a l p r o c e s s
1. The local governing body adopts recommendations as an LHAP amendment.
SHIP recipients are required to amend their LHAP within 12 months of adopting the original LHAP, in order to
incorporate the local housing incentive strategies (Statute Subsection 420.9076 (1)).
Subsequent LHAPs must be amended within 90 days after the local government receives the final AHAC Report.
The LHAP must include the two required strategies, and the local government must consider any other strategies
proposed by the advisory committee. The adopted LHAP must then be submitted to the Florida Housing Finance
Corporation.
2. Notify the Florida Housing Finance Corporation.
Initially, the LHAP documents must be submitted electronically in their current file format (Microsoft Word or
Excel). The email should state that the LHAP is being amended. The documents should be sent to the SHIP Program
Administrator as follows:
To: Robert.dearduff@floridahousing.org
S u b je ct Li n e : LHAP Amendment from <Local Government Name>
The SHIP jurisdiction should follow-up by sending the original LHAP and exhibits by certified mail to the Florida
Housing Finance Corporation.
Mr. Robert Dearduff
Florida Housing Finance Corporation
227 N Bronough Street Suite 5000
Tallahassee, FL 32301
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X . B e y o n d In c e n t iv e S tr a te g ie s : O th e r P o s s ib le A H A C R e sp o n s ib ilitie s
The primary task assigned by the SHIP Statutes to the AHAC members is to recommend incentive strategies. After
this task is completed, once every three years, the AHAC is to evaluate whether those incentives that were
previously adopted have been appropriately implemented. The members should also consider whether additional
incentives should be recommended. In some communities, the AHAC continues to meet periodically, with annual,
quarterly, or more frequent meetings. These AHAC members may be assigned additional responsibilities. If
responsibilities are thoughtfully assigned, an AHAC may save staff time and serve as a helpful additional level of
program quality control. Committee members may contribute ideas to improve the SHIP program, and the AHAC's
recommendations may carry weight as city or county commissioners consider changes to SHIP strategies, policies,
and procedures.
Review or propose new strategies
In some cases, SHIP staff may present new strategies for spending SHIP funds to the AHAC members to gain their
support and recommendation before seeking adoption by the governing board. In other cases, AHAC members
respond to trends they see in housing for which they need to recommend new SHIP-funded assistance strategies.
In recent years, SHIP jurisdictions have explored strategies focusing on veterans' assistance, rent subsidies for
homeless households, community land trusts, foreclosure prevention, and more. AHAC members might develop
additional ideas by attending the Florida Housing Coalition's annual conference or free workshops, as well as
reviewing the Coalition's past journals and training materials. These are available on www.flhousing.org.
Enhance existing strategies
Committee members might join staff in suggesting additions to commonly used strategies. They might consider
changes to the SHIP Maximum Awards, or suggest an improvement to the application process or recommend
offering priority assistance to certain types of applications. For example, applicants who are elderly or who have
disabilities could receive priority assistance in several SHIP jurisdictions. The AHAC might address the types of
Eligible Housing Recommend that manufactured housing, also called mobile homes, be eligible for purchase
assistance or repair (as long as they are constructed after 1994, a statutory requirement).
Community outreach and feedback
The members of an advisory committee are intentionally selected because of their networks, spheres of influence,
and relationship to affordable housing. AHAC members are encouraged to share with their network the details
of how to apply for SHIP assistance and SHIP successes. AHAC members can be the eyes and ears for the
community. They may observe changing trends in housing need, barriers to SHIP success, or potential sources of
housing assistance to leverage with SHIP. These and other observations may be used to improve SHIP strategies.
AHAC members may also assist with "ongoing review," the SHIP mandatory affordable housing incentive
addressed earlier in this guidebook. "Ongoing review" involves 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. If an AHAC meets monthly or more frequently, it could adopt the responsibility of
monitoring all local government actions related to housing in advance of the next city or county commission
meeting.
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Monitor ongoing assistance
The AHAC may request that staff provide an updated SHIP tracking spreadsheet at each AHAC meeting. This tool
will assist advisory members in reviewing staff's progress related to SHIP expenses, encumbrances, set-aside
compliance, and upcoming deadlines. In cases where a jurisdiction is close to missing an expenditure or
encumbrance deadline, AHAC members can join staff in making a plan to ensure compliance. ln-depth training on
SHIP tracking and reporting may be viewed on the Florida Housing Coalition's website www.flhousing.org.
Provide input on SHIP procedures
It is not the role of the AHAC to be involved in day-to-day operations of the SHIP program. That deep level of
program administration is completed by SHIP staff, who are guided by the LHAP, the SHIP Statute and Rule, and
local policies and procedures manuals.
The AHAC should avoid serving as a loan committee or otherwise assisting with applicant processing and other
administrative duties. This type of arrangement may be counter-productive to a program, adding another layer of
bureaucracy to the process, and possibly resulting in a poorly-run program, potential conflict of interest issues, or
potential program compliance problems. The application process and eligibility determination should be
completed by SHIP staff, based on written guidelines, to ensure that the commitment of a SHIP affordable housing
award would not be contingent on AHAC review or approval.
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XI. Appendix
Frequently asked questions
This list of frequently asked questions is provided as a quick reference. In many cases, the topics referenced below
are addressed in greater detail in other sections of this guide.
Question: How does the Sunshine Law apply to our SHIP advisory committees?
Answer: When dealing with advisory committees it is very important to keep in mind the requirements of Florida's
open meetings laws. Any local government appointed committee that is part of a fact-finding commission, or any
board or committee that has final decision-making authority is covered by these laws. There is a strong legislative
and judicial presumption in favor of openness. If you have any questions about these requirements, consult with
your city attorney, county attorney, or other appropriate legal counsel.
Question: Do I have to use the AHAC Report template?
Answer: No, the AHAC Report template provided in this Appendix is available for your use, but is not required.
However, the Florida Housing staff requests that incentive items (a) through (k), outlined in the SHIP Statute, be
included in the report and explicitly cited, even if the advisory committee voted not to recommend the strategy.
Question: Our advisory committee report is going to the Board of County Commissioners on November 12, before
a December 31st deadline. Will November 12th mark the start of our 90-day clock for the Board to adopt any
incentives or do we still have until March 31 of next year?
Answer: Your 90-day clock begins when the advisory committee submits its report to the Board. The last day
allowed by statute to submit the AHAC Report to the governing body is December 31, making the 90-day deadline
March 31 of the following year. According to Florida Statutes, Sec. 420.9076 (6), "Within 90 days after the date of
receipt of the local housing incentive strategies recommendations from the advisory committee, the governing
body of the appointing local government shall adopt an amendment to its local housing assistance plan to
incorporate the local housing incentive strategies it will implement within its jurisdiction."
Question: Can the County Commissioners approve the incentives and adopt the amendment to the LHAP at the
same time, or do they have to approve the incentives before adoption into the LHAP?
Answer: There is nothing in the statute or rule that requires the incentives to be adopted prior to amending your
LHAP. However, the incentives that are adopted may require a Comprehensive Plan Amendment or ordinance or
policy change prior to incorporation into the LHAP that will need to be approved by your Board separately.
Question: Is it the adoption of the incentives that must to be completed by resolution or the adoption of the
amendment to the LHAP that has to be done by resolution?
Answer: The amendment to the LHAP must be adopted by resolution.
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Question: When we advertise the public hearing on our AHAC incentives, how much notice are we required to
give?
Answer: Both the rule and the statute are silent on this issue, so check to see if you have any local policies that
govern advertisement of public hearings. If not, 15 to 30 days of notice would provide sufficient time for the public
to review the plan and make arrangements to attend.
Question: What if the AHAC does not make recommendations on changes to the current incentives nor
recommends new incentives? Also, what if the Board does not adopt any new incentives and keeps the current
two required incentives as they currently exist in the LHAP? Does this have to be spelled out in a report?
Answer: You must produce an advisory committee's report which provides evidence that the incentives listed in
Sec. 420.9076 (4), Florida Statutes, have at least been reviewed and the AHAC recommended that no changes be
made. This must be provided to Florida Housing and your city or county commission. A copy of the report must
be submitted to Florida Housing as outlined by Florida Statutes, Sec. 420.9076 (7).
Question: How long should the terms be for members of the Affordable Housing Advisory Committee?
Answer: The SHIP Statute and Rule are silent on this point, but you should check to see if your jurisdiction has
policies related to the terms of committee and task force members. Consider the value in having some of the
committee members serve three years, long enough to help inform the next report due three years after the one
you create.
Question: Regarding the advisory committee member who must be a "citizen who is actively engaged in the
residential home building industry", does our local Habitat affiliate fit this description? What about an engineer
or architect?
Answer: Yes, Habitat for Humanity is definitely in the building industry aligned with affordable housing. The same
is true for an engineer or architect, so long as you can document his or her connection with affordable housing.
Question: Who specifically is supposed to lead the advisory committee meetings?
Answer: There is no guidance in the SHIP Statute or Rule about who leads meetings or about how many meetings
to hold. However, this guidebook recommends that a committee chairperson be elected by the AHAC. The
number of meetings are indexed to the volume of work which the AHAC members must do to accomplish its
mandate; rememberthatthe AHAC meeting is a public meeting and must be noticed. SHIP requires the committee
to produce a written report of recommendations, which must be presented to your commission. Each committee
member must vote on whether to accept each recommendation. The Statute outlines several topics that the
committee must consider. Some committees have one or two outspoken and forward-moving leaders. Others
do not, so staff keeps the group moving toward the point when it can produce its report. As much as possible,
encourage committee members to set their own plan for meeting and discussing these topics.
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Question: Please clarify the role of the local housing partnerships and distinguish it from the local Affordable
Housing Advisory Committee.
Answer: Since the SHIP statute addresses both entities, it is easy to become confused on this issue. Sec. 420.907,
Florida Statutes, the SHIP Statute, details specific information about the formation, powers and duties, and
required membership of the Affordable Housing Advisory Committee. Advisory committee members must be
appointed by local government resolution, must follow all laws related to government in the sunshine, and has as
its specific statutory charge the recommendation of local housing incentive strategies to the local governing body.
While the presence of a locally formed affordable housing partnership is an integral part of the SHIP program, the
statute gives no specific powers and duties to this partnership, although it does give general information as to its
membership. The legislative intent is to combine local resources to the extent that the effort will reduce the cost
of producing or providing decent and affordable housing. It is important to note that the statute does not intend
for the partnership to be formally constituted as a corporate body. The legislative intent is to encourage
partnerships in order to secure the benefits of cooperation between the public and private sectors, and to reduce
the cost of housing by effectively combining all available resources and cost-saving measures.
Each community utilizes its partnership differently. The most successful partnerships are often those in which the
membership is broad and inclusive and each member brings a service or product to the table which maximizes
the value while reducing the cost of affordable housing within the community. In many successful communities,
the appointed advisory committee functions as a partnership and acts in an oversight capacity only, assisting with
setting the direction of the program through suggesting policy to the local governing body and making specific
recommendations for improving the overall program and amending the LHAP.
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AHAC Report template
This AHAC Report template is a sample for your convenience. You are not required to adopt this report format.
However, the Florida Housing Finance Corporation staff requests that items (a) through (k), as outlined in the SHIP
Statute, be included in the report. Each item should be explicitly included even when the advisory committee has
no recommendation to adopt a certain strategy.
Affordable Housing Advisory Committee
Report to Board of City/ County Commissioners
SHIP Affordable Housing Incentive Strategies
SUBMITTED TO: --------
BO ARD OF CITY/COUNTY COMMISSION
SUBMITTED TO: _
FLORIDA HOUSING FINANCE CORPORATION
DATE SUBMITTED: --------
PREPARED BY: ----------
BA C K G R O U N D
As a recipient of State Housing Initiative Partnership funds, the City/County established an Affordable Housing
Advisory Committee on DATE as required by the Florida Statutes, Sec. 420.9076. Upon appointment of the AHAC
members and every three years after, the AHAC is responsible for reviewing and evaluating local plans, policies,
procedures, land development regulations, the Comprehensive Plan, and other aspects of the City/County housing
activities that impact the production of affordable housing. Further, the AHAC is specifically directed by the SHIP
Statute to consider and evaluate the implementation of the incentives set out at Florida Statues, Sec. 420.9076
(4) (a) - (k). Based on the AHAC evaluation, it may recommend to local government that it make modifications of,
exceptions to, or creation of new plans, policies, procedures, and other governing vehicles which would encourage
production of affordable housing.
As approved by the City/County Commissioners. the recommendations are used to amend the Local Housing
Assistance Plan and the local Comprehensive Plan Housing Element.
CO M M ITT EE C O M P O S IT IO N
The City/County Commission appointed or re-appointed members to the Committee on DATE. Florida Statutes,
Sec. 420.9076 (2) lists the categories from which committee members must be selected. There must be at least
eight committee members with representation from at least six of the following categories:
Citizen actively engaged in the residential home building industry in connection with affordable housing.
(a) Citizen who is actively engaged in the residential home building industry in connection with affordable
housing.
(b) Citizen who is actively engaged in the banking or mortgage banking industry in connection with
affordable housing.
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(c) Ci ti ze n w h o is a re p rese ntativ e of tho se are as of lab o r act iv ely eng ag ed in ho m e bu ild in g in co n n e ctio n
w ith aff o rd ab le ho using .
(d ) Citi zen w ho is activ ely eng ag ed as an ad v o cate fo r lo w -in co m e pe rso n s in co n n e ctio n w ith aff o rd a b le
ho usin g .
(e ) C itize n w ho is activ ely en g ag ed as a fo r-p ro fi t pro v id e r of aff o rd ab le ho u sin g .
(f) Citi zen w ho is activ ely eng age d as a no t-fo r-p rofit pro vid e r of aff o rd a b le ho u sin g .
(g ) Ci tize n w ho is activ ely eng ag e d as a real estate professio nal in co nn e ctio n w ith aff o rd a b le ho u sin g .
(h ) Ci ti zen w h o is act iv ely se rving on the lo cal plan n ing age n cy pu rsua nt to Flo rid a Statutes, Se c. 16 3 .3 1 7 4 .
(i) C itize n w ho is resid in g w ithin the ju risd ictio n of the lo cal go v ern in g bo d y m a kin g th e ap p o in tm e n ts.
U) C itize n w ho re p rese nts em p lo y ers w ith in the ju risd ictio n .
(k) Ci ti zen w ho re p rese nts esse ntial se rvices pe rso n n e l, as de fi n e d in the lo cal ho u sin g assista n ce p la n .
T he ap p o inte d A H A C C o m m itt ee m e m b e rs are in cl u d e d he re, alo ng w ith the ir cate g o ry aff ili atio n .
N a m e C atego ry R e p rese nted D ate A p p o in te d
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AFFORDABLE HOUSING RECOMMENDATIONS
The AHAC has reviewed local government plans, policies, and procedures; ordinances; regulations; statutes; and
the comprehensive plan, among other documents applicable to affordable housing, for evaluation of their impacts
on affordable housing. Further, the AHAC has specifically considered and evaluated the strategies set out at Florida
Statues, Sec. 420.9076 (4) (a)-(k). Based on this review and evaluation, the AHAC has formulated
recommendations to the City/County Commission that it incorporate into its housing strategy certain changes
designed to encourage production of affordable housing.
The AHAC, from its review, consideration, evaluation, and recommendations, drafts and submits this report to the
City/County Commission and to Florida Housing Finance Corporation, which details the scope of its work and the
resulting recommendations.
From review and evaluation of the local government documents listed here, the AHAC makes these
recommendations to the City/County Commission that it incorporate into its housing strategy the following:
RECOMMENDATION 1
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
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RECOMMENDATION 2
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
From review, consideration, and evaluation of the strategies provided in the SHIP Statute at Florida Statutes, Sec.
420.9076 (4), the AHAC makes these recommendations:
(al The processing of approvals of development orders or permit, as defined in Florida Statutes,
Sec. 163.3164(7), (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.
(cl The allowance of flexibility in densities for affordable housing.
(dl The reservation of infrastructure capacity for housing for very low-income persons, low-income persons,
and moderate-income persons.
(el The allowance of affordable accessory residential units in residential zoning districts.
(fl The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing.
(hl The modification of street requirements for affordable housing.
(il 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.
U) The preparation of a printed inventory of locally owned public lands suitable for affordable housing.
(kl The support of development near transportation hubs and major employment centers and mixed-use
developments.
EXPEDITED PERMITTING
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
MODIFICATION OF IMPACT FEES
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
FLEXIBLE DENSITIES
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
RESERVATION OF INFRASTRUCTURE CAPACITY
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
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PARKING AND SETBACK REQUIREMENTS
M eeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
AFFORDABLE ACCESSORY RESIDENTIAL UNITS
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
FLEXIBLE LOT CONFIGURATIONS
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
MODIFICATION OF STREET REQUIREMENTS
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
PROCESS OF ONGOING REVIEW
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
PUBLIC LAND INVENTORY
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
SUPPORT OF DEVELOPMENT NEAR TRANSPORTATION HUBS
Meeting Synopsis:
Existing Strategy:
AHAC Recommendation:
Schedule for Implementation:
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G lossary
Accessory dwelling unit - Additional living quarters on single-family lots that are independent of the primary
dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities, and can be either
attached or detached from the main residence. Also referred to as accessory apartments, second units, or
formerly, "granny flats".
Affordable housing - Safe and decent housing that costs an owner or renter of modest financial means (extremely
low, very low, low, and moderate income, as defined in this glossary) approximately 30% of monthly household
income. The concept is that when people of modest financial means spend more than approximately 30% of their
income on housing, they do not have sufficient funds for life's other necessities, such as food, health care, and
transportation costs.
Area Median Income (AMI) - An estimate of the median income in an area. HUD publishes annual income limits
based on household size that are used to determine the maximum household income allowable for a subsidized
project or unit.
Attainable housing - Housing that is affordable for families at a certain income level, determined by a local
jurisdiction.
Community Land Trust (CLT) - The vehicle for separating land from building (in most cases, a house) for the purpose
of transferring title to the house without selling the land. It also denotes the private nonprofit corporation that
acquires and holds title to the land and manages the ground leases on that property for the benefit of that
community.
Euclidian zoning - A system of zoning whereby a city, town, or community is divided into areas in which specific
land uses are permitted. These land uses vary by jurisdiction, but often include residential, commercial, and
industrial uses.
Extremely low-income persons - One or more persons or a family whose total annual household income does not
exceed 30% of the median annual adjusted gross income for households within the state. The Florida Housing
Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely
low income may exceed 30% of area median income and that in higher income counties, extremely low income
may be less than 30% of area median income.
Housing Element - The "Comprehensive Plan Housing Element" contains the data and analysis, along with the
goals, objectives, and policies required under Florida Statutes for activities such as historic preservation and the
elimination of substandard housing. The Housing Element could be considered the driving force behind all other
housing plans and programs, as its status authorizes all activities in this area. The Housing Element must be
consistent with the other elements of the comprehensive plan, particularly the Land Use Element.
Impact fee - Payments required by local governments of a new development for providing new or expanded public
capital facilities that are required to serve that development. The fees, which typically require cash payments in
advance of the completion of development, are based on a methodology and calculation derived from the cost of
the facility and the nature and size of the development, and are used to finance improvements offsite of, but to
the benefit of, the development.
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Local Housing Assistance Plan (LHAP) - A concise description of the local housing assistance strategies and local
housing incentive strategies adopted by local government resolution with an explanation of the way in which the
program meets the requirements of Florida Statutes, Secs. 420.907-420.9079, and the Florida Housing Finance
Corporation administrative rule.
Local Housing Assistance Strategies - The housing construction, rehabilitation, repair, or finance program
implemented by a participating county or eligible municipality with the local housing distribution or other funds
deposited into the local housing assistance trust fund.
Local Housing Incentive Strategies - Local government regulatory reform or incentive programs to encourage or
facilitate affordable housing production, which include at a minimum, assurance that permits for affordable
housing projects are expedited to a greater degree than other projects, as provided in Florida Statutes,
Sec. 163.3177(6) (f)3 an ongoing process for review of local policies, ordinances, regulations, and plan provisions
that increase the cost of housing prior to their adoption; and a schedule for implementing the incentive strategies.
Local housing incentive strategies may also include other regulatory reforms, such as those enumerated in Florida
Statues, Sec. 420.9076, or those recommended by the Affordable Housing Advisory Committee in its triennial
evaluation of the implementation of affordable housing incentives and adopted by the local governing body.
Low-income persons - One or more persons or a family, whose total annual adjusted gross household income does
not exceed 80% of the median annual adjusted gross income for households within the state, or 80% of the median
annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an
MSA, within the county in which the person or family resides, whichever is greater.
Moderate-income persons- One or more persons or a family, whose total annual adjusted gross household income
of is less than 120% of the median annual adjusted gross income for households within the state, or 120% of the
median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not
within an MSA, within the county in which the person or family resides, whichever is greater.
lnclusionary zoning - Inclusionary zoning policies encourage or require developers to produce a small percentage
of affordable housing units within new or redeveloped market rate projects.
Permit - A permit includes 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. Florida Statutes, Sec.163.3164.
Planned unit development (PUD) -A type of development, and its regulatory process, that permits a developer to
meet overall community density and land use goals without being bound by existing zoning requirements. PUD is
a special type of floating overlay district which generally does not appear on the municipal zoning map until a
designation is requested.
Special exception - A specific allowance in a local jurisdiction's zoning code to allow an otherwise prohibited land
use. Often referred to as a "conditional use permit" or "special use permit."
Transit-oriented development - A project or projects, in areas identified in a local government comprehensive plan,
to be served by existing or planned transit service. These designated areas shall be compact, moderate to high
density developments, of mixed-use character, interconnected with other land uses, bicycle and pedestrian
friendly, and designed to support frequent transit service operating through, collectively or separately, rail, fixed
guide-way, streetcar, or bus systems on dedicated facilities or available roadway connections. Florida Statutes,
Sec. 163.3164 (46).
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Variance - A procedure established by state law and included in local government land development regulations
whereby an applicant requests relief from the minimum property development standards. This procedure exists
to modify zoning district requirements related to building height, lot area, structural coverage, or building
setbacks. Variances and waivers shall be granted when the person subject to the rule demonstrates that the
purpose of the underlying statute is or has been achieved by other means by the person and when application of
a rule would create a substantial hardship or would violate principles of fairness.
Very low-income persons - One or more persons or a family, not including students, the total annual adjusted gross
household income of which does not exceed 50% of the median annual adjusted gross income for households
within the state, or 50% of the median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever
is greater.
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M IA M I BEACH Office of Housing and Community Services
Residential Housing Portfolio
Wllíif ?t~ I?
The London House
1975 Washington Avenue
Total Units: 18 units
Studio: O
1 bedroom: (9 units) - 550 sq. ft.
2 bedrooms: (6 units) - 800 sq. ft.
3 bedrooms/ 2 baths: (3 units) - 927 sq. ft.
Rent Amount:
• low HOME rent amount:
2 units of the 1 bedroom= $625.00
1 unit of the 2 bedrooms= $754.00
1 unit ofthe 3 bedrooms= $877.00
• High HOME rent amount:
7 units ofthe 1 bedroom= $867.00
5 units of the 2 bedrooms= $1,048.00
2 unit of the 3 bedrooms= $1,207.00
Affordability Period: 2045
last Rehabilitation completed: 2016
# of vacancies (as of June 2019): 0
The London House
1965 Washington Avenue
Total Units: 6 units
Studio: (2 units) - 401 sq. ft.
3 bedroom/ 1 baths: (4 units) - 927 sq. ft.
Rent Amount:
• Low HOME rent amount:
2 units of the studio= $581.00
• High HOME rent amount:
4 units of the 3 bedrooms= $1,207.00
Affordability Period: 2045
Last Rehabilitation completed: 2015
• # of vacancies (as of June 2019): 0
The Lottie Apartments
Total Units: 9 units
2 beds/ 1 bath: (1 unit) - 1065 sq. ft.
2 beds/ 1baths: (3 units) - 1065 sq. ft.
2 beds/ 2 baths: (2 units) - 1065 sq. ft.
2 bed/ 2 baths: (2 units) - 1065 sq. ft.
3 beds / 3 baths: (1 unit) - 2020 sq. ft.
Rent Amount:
• Low HOME rent amount:
3 units of the 2 bedrooms= $754.00
• High HOME rent amount:
5 units of the 2 bedrooms= $1,048.00
1 unit of the 3 bedrooms= $1,207.00
Affordability Period: 2045
last Rehabilitation completed: Phase 1-2019
Phase II- est. 2021
• # of vacancies (as of June 2019): 0
94
M IA M I BEACH Office of Housing and Community Services
Residential Housing Portfolio
The Madeleine Village Apartments
Total Units: 16 units
Studio: (16 units)-408 sq. ft.
Rent Amount:
• Low HOME rent amount:
4 units of the studio= $581.00
• High HOME rent amount:
12 units of the studio= $739.00
Affordability Period: 2045
Last Rehabilitation completed: ongoing
# of vacancies (as of June 2019): O
The Neptune Apartments
Total Units: 35 units
Studio: (35 units)-360 sq. ft.
Rent Amount:
• Low HOME rent amount:
8 units of the studio= $581.00
• High HOME rent amount:
27 units of the studio= $739.00
Affordability Period: 2045
Last Rehabilitation completed: ongoing
• # of vacancies (as of June 2019): 6
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