§ 545. Housing Program

545.1.   Purpose and Intent.

The purpose of this section is to provide for a variety of housing opportunities for present and future residents of Manatee County. Special emphasis shall be given to households with special needs. This section is intended to comply with F.S. ch. 163 generally and specifically § 163.3177(6)(f) and F.S. ch. 420, generally and specifically § 420.907, F.S.

545.2.   Affordable Housing Incentives.

To meet the affordable housing needs of Manatee County residents, a variety of incentives are provided. These incentives are listed below, along with the percentage of the units in the entire project which must meet the standards of affordable housing as defined in this Code.

A.

Housing Rapid Response Team/Fast Tracking. Projects in which ten (10) percent or more of the entire project is affordable will receive the assistance of the County's Housing Rapid Response Team. The team will assist with fast-tracking the project through the necessary permitting procedures. Contact with the Housing Rapid Response Team shall be made through the Affordable/Workforce Housing Coordinator designated by the County Administrator. Priority for utilization of the Housing Rapid Response Team shall be based on the period of time proposed by the applicant for keeping the project affordable.

B.

Fee Refund. All projects with affordable housing units shall be eligible for refunds of County review fees (e.g. planning, building, engineering) as permitted by law. For projects where less than twenty-five (25) percent of the project is affordable, the fees refunded shall be a pro-rata share of the fees for the entire project. For example, projects with fifteen (15) percent affordable units will be eligible to request a refund of review fees only on the units designated affordable. Projects which have twenty-five (25) percent or greater affordable units will be eligible to request a full refund of County review fees for the entire project. Note: This does not include impact fees, facility investment fees, connection fees or similar fees.

1.

Any applicant seeking a fee refund shall submit an application to the Department Director who will assist applicant in working with the proper county department.

2.

The applicant shall enter into a land use and deed restriction agreement with the County. The agreement shall provide the designation level of affordable units required by the development to seek fee refunds according to the terms and conditions of the agreement, as approved by the Board. A land trust may be used as a mechanism to retain units as affordable and/or special needs units.

C.

County Impact Fee Increment. In an effort to minimize the impact on affordable households of increasing impact fees, the County, pursuant to Resolution R-05-279, has elected to pay the increases in county impact fees which were effective after June 18, 2004. All affordable units are eligible to have the County pay this increment. Contact shall be made through the Affordable/Workforce Housing Coordinator.

D.

Educational Facilities Impact Fee Increment. In an effort to minimize the impact on affordable households of increasing impact fees, the County, pursuant to Resolution R-05-279, has elected to pay the increases in educational facility impact fees which were effective after June 18, 2004. All affordable units are eligible to have the County pay this increment. Contact shall be made through the Affordable/Workforce Housing Coordinator.

E.

Sidewalk Location. Projects with at least twenty-five (25) percent affordable units are required to provide sidewalks within the development and on project perimeters.

1.

Additionally, these projects shall be responsible for identification of sidewalk extensions as required in Chapter 10.

2.

The County shall evaluate whether it is appropriate for the County to fund the sidewalk extensions beyond project boundaries. This evaluation shall be made as soon as practicable in the review of the project. The county may enter into a reimbursement agreement to allow the developer to build the sidewalks.

3.

The applicant shall enter into a land use and deed restriction agreement with the County. The agreement shall provide the designation level of affordable units required by the development to seek sidewalk extensions as would generally be required by Section 1001.6.A.2. A land trust may be used as a mechanism to retain units as affordable and/or special needs units.

F.

Housing Trust Fund. There is hereby created a Housing Trust Fund for the receipt of non-ad valorem revenues for use in the development and rehabilitation of affordable housing. The use of funds from the Affordable Housing Trust Fund shall be limited to projects where twenty-five (25) percent or more of the units meet the definition of affordable housing.

1.

The Board of County Commissioners shall establish criteria for the dispersion of such funds.

2.

Any applicant seeking to secure such funds shall submit an application to the Department Director.

3.

Dispersion of funds shall be limited by fund availability and shall be in accordance with the standards and procedures established for the use of such funds.

4.

The applicant shall enter into a land use and deed restriction agreement with the County. The agreement shall provide the designation level required by the development and any other requirements in order to receive Housing Trust Fund monies as approved by the Board. A land trust may be used as a mechanism to retain units as affordable and/or special needs units.

G.

Tree Protection Trust Fund. Projects with at least twenty-five (25) percent affordable units may apply to receive funds from the Tree Protection Trust Fund to meet landscaping requirements of the project.

1.

Any applicant seeking to secure such funding shall apply by submitting a written request to the Department Director.

2.

All applications will be reviewed pursuant to the administrative review process described in Section 315.

3.

Allocation of these funds is discretionary and must compete with all other projects eligible to receive funds from the Tree Protection Trust Fund, including county landscaping projects and are based on fund availability.

4.

The applicant shall enter into a land use and deed restriction agreement with the County. The agreement shall provide the designated affordable units required to seek reimbursement from the Tree Protection Trust Fund as approved by the Board. A land trust may be used as a mechanism to retain units as affordable and/or special needs units.

H.

Density Bonus. Projects with at least twenty-five (25) percent units designated as affordable are eligible to request a density bonus from the Board. This density bonus may allow the maximum project density to increase to the maximum density in the next highest category on the Future Land Use Map. For example, a project in a Res-3 area would be eligible to request a density bonus equal to the six (6) dwelling units per acre maximum of Res-6. The density bonus shall not exceed the maximum dwelling units per acre for the Res-16 category.

1.

Density bonuses may be used only within the development creating the bonus units.

2.

In order to receive a density bonus, rezoning to Planned Development zoning will be required. The Board shall consider the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. This density may be below the next highest Future Land Use Map designation.

a.

In determining the appropriateness of a density bonus, the Board shall consider all factors associated with the review of a planned development project pursuant to this Code. The Board shall also consider the impact of the proposed project on the transportation level of service.

b.

Priority shall be given to projects with access to transit and neighborhood commercial nodes.

3.

The applicant shall enter into a land use and deed restriction agreement with the County. The agreement shall provide for the number of units which can be built subject to a density bonus and to ensure that the units are retained as affordable units and/or special needs units, for a period of time to be designated by the Board. A land trust may be used as a mechanism to retain units as affordable and/or special needs units.

I.

Transfer of Development Rights.  

1.

The transfer of development rights (which may include approved residential units, zoned units or comprehensive plan potential units) from elsewhere in the unincorporated county to a project with a minimum of twenty-five (25) percent affordable units is encouraged. The receiving project shall not exceed a total of thirty-five (35) percent affordable units to ensure a true mix of incomes are realized throughout the project unless specific approval is granted by the Board of County Commissioners to exceed the thirty-five (35) percent threshold.

2.

In order to transfer development rights, a rezoning to Planned Development zoning will be required. The Board shall consider the density and intensity of surrounding land uses and compatibility with neighboring uses in determining the maximum density to allow. This density may be below the next highest Future Land Use Map Designation.

3.

In determining the appropriateness of a density transfer, the Board shall consider all factors associated with the review of a planned development project pursuant to this Code. The Board shall also consider the impact of the proposed project on the transportation level of service.

4.

If units are transferred, the maximum project density permissible is the maximum density in the next highest category on the Future Land Use Map. For example, a project in a Res-3 area would be eligible to request a transfer of units equal to the six (6) dwelling units per acre maximum of Res-6.

5.

If the transfer of units is granted, the applicant shall enter into a land use and deed restriction agreement with the County. The agreement shall provide for the number of units which can be built subject to the transfer and to ensure that the units designated affordable are retained as affordable units for a period of time to be designated by the Board of County Commissioners. The agreement shall also ensure development rights are limited on the sending parcel, and identify any legally enforceable mechanisms necessary to ensure such limitations. A land trust may be used as a mechanism to retain units as affordable and/or special needs units.

J.

Extension request. Upon receiving a request for an extension of an initial transportation component of a Certificate of Level of Service (CLOS) for a residential project designated affordable housing, as certified by the Manatee County Neighborhood Services Department, Manatee County shall prioritize such extension request for processing ahead of residential project(s) not containing affordable housing if the residential project containing affordable housing is located (1) within the Urban Core and (2) within one-quarter (1/4) mile of a public transit stop.

K.

Site Improvement Incentives. To promote affordable housing in Manatee County, any project which provides at a minimum twenty-five (25) percent of the overall units as affordable housing, as certified by the Manatee County Neighborhood Services Department, may request one (1) or all of the following requirements be modified through the planned development rezone process:

1.

Parking requirements provided the parking shall be located so as not to obstruct sidewalks, roadways or required street trees. (see Section 710.1.4).

2.

Buffering requirements.

3.

Right-of-Way and street construction requirements.

4.

Setback requirements.

Projects rezoned to a planned development district that provide twenty-five (25) percent or more of their residential units as affordable housing may opt to utilize zero lot line. Privacy walls shall be required on the common walls. Developers may request a reduced setback for such developments if parking is designed not to obstruct sidewalks, roadways or street tree requirements. Additionally, developments utilizing the above designs may reduce the required lot size to no less than three thousand five hundred (3,500) square feet.

(Ord. No. 12-08 , § 4, 2-2-12)

545.3.   Workforce Housing Incentives.

To meet the needs of Manatee County residents for Workforce Housing, the following incentive is provided: Housing Rapid Response Team/Fast Tracking. Projects in which ten (10) percent or more of the entire project is workforce housing will receive the assistance of the County's Housing Rapid Response Team. The team will assist with fast-tracking the project through the necessary permitting procedures. Contact with the Housing Rapid Response Team will be made through the Affordable/Workforce Housing Coordinator designated by the County Administrator. Priority shall be given to projects providing affordable housing; subsequent priority will be based on the period of time proposed by the applicant for keeping the project units at the affordable or workforce level. In circumstances where the period of time is equivalent, the percentage of the project which is affordable or workforce housing shall be used to determine priority. A higher percentage means a higher priority.

545.4.   Affordable Housing Stock Lost to Development.

A.

Any development which eliminates affordable housing stock shall either:

1.

Provide replacement stock;

2.

Provide payment to the Housing Trust Fund in an amount established by the Board;

3.

Provide an innovative replacement contributions meeting the requirements of Section 545.4.B;

4.

Donate land to be used by the County for the development of affordable housing.

B.

Other unique or innovative replacement contributions which further the goals of the Manatee County Local Housing Assistance Plan and the Manatee County Comprehensive Plan may be implemented to meet the requirements of Section 545.4.A above. These innovative replacement contributions must be approved by the Board, after recommendation by the Department Director.

C.

Single family structures which are replaced with another single family structure by the same property owner are exempt from the replacement requirements of this Code.

545.5.   Infill Development.

Infill development or redevelopment activities may be approved on existing lots of record meeting the requirements of Section 107.8.C.1 (Use of Nonconforming Lots for Affordable Housing). For affordable housing projects, within Urban Core Areas, meeting the requirements of this Section, as infill or redevelopment projects, such lots do not have to meet the requirement to combine lots as set forth in Sections 107.8.C.1 through 3.

545.6.   County-Owned Property.

County owned surplus property which is suitable for the development of affordable housing may be dispersed on an as-needed basis pursuant to procedures established by the Board in accordance with Section 2-17-1, Code of Ordinances (Conveyance of county-owned property to nonprofit agencies) and other applicable law.