Interoffice Memorandum
DATE: December 22, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Director, Planning, Environmental, and Development Services Department
CONTACT: Nicolas Thalmueller, AICP, Planning Administrator, DRC Office
PHONE: 407-836-5523
DIVISION: Development Review Committee
ACTION REQUESTED:
title
Affordable Housing for Institutional Lands Program. (Development Review Committee)
body
PROJECT: N/A
PURPOSE: On June 23, 2025, Governor Ron DeSantis signed Senate Bill 1730, that, among other things, amended s. 125.01055(6) to allow local governments to approve affordable housing development “on any parcel, including any contiguous parcel connected thereto, which is owned by a religious institution as defined in s. 170.201(2) which contains a house of public worship, regardless of underlying zoning.” To qualify, at least 10 percent of the units must be designated as affordable housing. Informally, this legislation has been named by supporters as the Yes In God’s Back Yard (YIGBY) Law
This allowance is not a mandate or preemption. Instead, it grants local jurisdictions discretionary regulatory authority to promote affordable housing. Each jurisdiction has the flexibility to set its own approval processes and to establish eligibility and development standards such as levels of affordability; appropriate density, setbacks/height, appropriate locational criteria, and more.
To better understand the potential applicability of the new statutory allowances and the effects on supply of affordable housing in Orange County, staff analyzed available lands within the community and engaged key stakeholders in the affordable housing and faith-based communities. On January 13, 2026, staff will give a presentation to the Board outlining the proposed Affordable Housing for Institutional Lands Program.
Staff’s presentation will detail an administrative review and approval process, eligibility criteria, compatibility requirements, and applicable development standards.
This program has the potential to serve as a permissive tool under the YIGBY law for inclusion in the County’s Affordable Housing Toolbox. This tool reflects the goals of Orange County’s Housing for All 10-Year Action Plan and is intended to: (1) Reduce regulatory barriers to unlock opportunities for affordable housing on religiously owned properties in the County’s Urban Service Area, and allow more flexibility in site design; (2) Integrate affordable, attainable, and market rate housing by promoting infill development and incorporating affordable housing into areas traditionally limited to other uses; (3) Promote missing middle housing types by permitting a greater diversity of housing types than a parcel’s zoning or land use designation allows; and (4) Support religious organization’s capacity to fulfill their community focused mission.
Staff will seek guidance from the Board on adopting a resolution to implement an Affordable Housing for Institutional Lands program in Orange County.
BUDGET: N/A