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Agenda 02/27/2018 Item #11A02/27/2018 EXECUTIVE SUMMARY Recommendation to authorize staff to begin implementation of the Community Housing Plan (CHP) by taking necessary actions to pursue the Board of County Commissioners (Board) adoption of: (1) a new definition of Affordable Housing; (2) a new Housing Demand Methodology; (3) a policy to advocate for full funding of the State Housing Trust Fund and other housing funding; (4) a policy to consider housing affordability in all future public land acquisitions; (5) an amendment to the Affordable Housing Density Bonus Program; (6) an amendment to the expedited review/ fast tracking procedures; and provide direction to Growth Management Department (GMD) to advertise and initiate ordinance, Land Development Code, and Growth Management Plan Amendments. OBJECTIVE: To implement new and modified approaches to address Collier County’s housing affordability issues. CONSIDERATIONS: Collier County has a statutory obligation to provide housing for its current and anticipated population, including those that are most vulnerable. Housing that is affordable is part of a community’s infrastructure and therefore impacts the entire community. First responders, health care professionals, teachers, and others have been historically priced out of the housing market. A vibrant and sustainable community needs to develop specific strategies to accommodate the housing needs of its workforce. In response to community concerns, the Board commissioned the development of a Community Housing Plan in March 2016 with a broad cross-section of stakeholders appointed in June 2016. In 2017, the Urban Land Institute (ULI) performed a panel review of the housing situation in Collier County. Among their conclusions is that Collier County needed to reframe its view of housing to meet better the needs of the 40% of the population (58,685 households) currently living in Collier County that are cost-burdened, spending more than 30% of their income on housing. This large segment of Collier County’s population is working and living here un-affordably. The community stakeholders presented the Community Housing Plan to the Board on October 25, 2017. Some of the key recommendations include increasing certainty in the process, reducing specified development costs and review times, enhancing existing incentives such as the affordable housing density bonus and impact fee relief programs, adopting a linkage fee to garner sustainable revenue for a housing trust fund, implementing a mixed-income ordinance with enhanced density and flexible in-lieu of options, and creation of a community land trust and process for land donations. The plan includes approximately 30 specific recommendations including housing for seniors and those with special needs. The Board accepted the CHP and staff initiated an implementation schedule. This request is the first of a series of implementation actions to be presented to the Board. Specific recommendations include: A. A new definition of Affordable Housing that both simplifies and recognizes unrestricted housing that may be presently affordable due to market conditions, (future LDC amendment). B. A new Housing Demand Methodology to clarify the demand and supply of restricted and unrestricted housing at various income levels, (update methodology). C. A policy to advocate for full funding of the State Housing Trust Fund and other housing funding to increase resources for addressing the issues, (attached Resolution). D. A policy to consider housing affordability in all future public land acquisitions, (attached Resolution). 11.A Packet Pg. 213 02/27/2018 E. An Amendment to Affordable Housing Density Bonus program to encourage more program use, (future GMP & LDC Amendments). F. An Amendment to the expedited review/fast-tracking procedures to shorten the overall process (attached Resolution). Details of the proposed recommendations are attached as Exhibits A-F. FISCAL IMPACT: There are no immediate and direct fiscal impacts to approving the items in this Executive Summary. However, it is noteworthy to mention that adopting a policy to consider affordable housing and co-location in future land acquisitions may reduce the overall cost for housing development, amending the fast track procedures is designed to save staff time and save developers time and money to navigate the process. Advocating for full funding of the State Housing Trust Fund and other housing funds could increase the amount of funding available to implement County housing programs. GROWTH MANAGEMENT IMPACT: Approval of these policies, strategies, ordinances, and amendments will assist Collier County in meeting the goals of the Housing Element of the Comprehensive Plan. LEGAL CONSIDERATIONS: For those implementation actions that are Board approved, the County Attorney’s Office will work with staff to ensure that the resolutions, amendments to resolutions, ordinances (Growth Management Plan and Land Development Code) are approved for form and legality. Accordingly, this item is approved to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To adopt the implementation and associated resolutions, ordinance and amendments related to: (1) a new definition of Affordable Housing, (2) a new Housing Demand Methodology, (3) a policy to advocate for full funding for housing, (4) consideration of affordable housing in future land acquisitions, (5) an amendment to Affordable Housing Density Bonus program, (6) an amendment to the expedited review Fast tracking procedures, and provide direction to GMD staff to advertise and initiate ordinance, Land Development Code, and Growth Management Plan amendments to implement these strategies. Prepared By: Cormac Giblin, AICP - Grants and Housing Development Manager; Community and Human Services Division ATTACHMENT(S) 1. Ex A - Definition AH strikethrough-underline rev Exhibit A (DOCX) 2. Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (DOCX) 3. Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (DOCX) 4. Ex E2 - GMP AHDB Changes to Desity Rating System up to 12 units Exhibit E-2 rev 2118 (DOCX) 5. Reformatted Ex C Full Funding Res (DOCX) 6. Reformatted Ex D AH Property -- Co-location Res (DOCX) 7. Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (DOCX) 11.A Packet Pg. 214 02/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 4770 Item Summary: Recommendation to authorize staff to begin implementation of the Community Housing Plan (CHP) by taking necessary actions to pursue the Board of County Commissioners (Board) adoption of: (1) a new definition of Affordable Housing; (2) a new Housing Demand Methodology; (3) a policy to advocate for full funding of the State Housing Trust Fund and other housing funding; (4) a policy to consider housing affordability in all future public land acquisitions; (5) an amendment to the Affordable Housing Density Bonus Program; (6) an Amendment to the expedited review/ fast tracking procedures; and provide direction to Growth Management Department (GMD) to advertise and initiate ordinance, Land Development Code, and Growth Management Plan Amendments. (Cormac Giblin, Grants and Housing Development Manager; Community and Human Services Division) Meeting Date: 02/27/2018 Prepared by: Title: – Community & Human Services Name: Susan Golden 02/05/2018 10:39 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 02/05/2018 10:39 AM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 02/07/2018 12:56 PM Community & Human Services Cormac Giblin Additional Reviewer Completed 02/09/2018 8:51 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 02/09/2018 3:59 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/12/2018 10:24 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/13/2018 9:58 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/16/2018 8:21 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/16/2018 9:09 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 7:54 AM Budget and Management Office Ed Finn Additional Reviewer Completed 02/20/2018 12:10 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/20/2018 1:27 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/27/2018 9:00 AM 11.A Packet Pg. 215 Exhibit A 1.08.02 - Definitions Current Definition  Housing, affordable workforce: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subsets: Owner occupied workforce housing: 50 percent or less of median income, otherwise considered to be "very-low income". Owner occupied workforce housing: 51 percent —60 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 61 percent —80 percent of median income, otherwise considered to be "low income". Owner occupied workforce housing: 81 percent —100 percent of median income, otherwise considered to be "moderate income". Owner occupied gap housing: 81 percent —150 percent of median income. Rental workforce housing less than 50 percent of median income, otherwise considered to be "very-low income". Rental workforce housing from 51 percent—60 percent of median income, otherwise considered to be "low income". The term affordable housing is specifically intended to include affordable workforce housing. Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for households as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including the following subset: The term "gap housing: 81 percent—150 percent of median income" is specifically intended to include similar categories, such as "Essential Personnel Housing", "Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to provide housing for households falling above the federal and state assistance guidelines, but still unable to afford market priced homes. 11.A.1 Packet Pg. 216 Attachment: Ex A - Definition AH strikethrough-underline rev Exhibit A (4770 : Implementation of Community Housing Plan) Exhibit A Proposed Definition per Community Housing Plan: Affordable Housing - Housing is affordable to a household when a residential dwelling unit with monthly rent or monthly mortgage payment, including property taxes and insurance, is not in excess of 30 percent of that amount which represents the percentage of the median annual gross income for the household. In Collier County, affordable housing specifically includes the following income level targets for the area, and are based on income categories determined by the Secretary of the U.S. Department of Housing and Urban Development: (a) "Extremely low income" means households whose incomes do not exceed 30 percent of the median income. (b) "Very low income" means households whose incomes do not exceed 50 percent of the median income (c) "Low income" means households whose incomes are more than 50 percent but do not exceed 80 percent of the median income (d) “Moderate income" means households whose incomes are more than 80 percent but do not exceed 120 percent of the median income (e) “Gap income” means households whose incomes are more than 120 percent but do not exceed 140 percent of the median income Approved Affordable Housing shall mean Affordable Housing that includes a long-term affordability restriction wherein the cost of housing and income of the household are known and monitored, for a specific period of time. In addition, “housing that is affordable” will be used to refer to “affordable housing” for Collier County residents earning less than 140% of median income. Not for inclusion LDC Definition: It is also acknowledged that there may be some housing in the County that is commonly viewed to be affordable due to a lower market value, but is not tracked on any list or inventory produced by the County staff today since it lacks the criteria needed to qualify as approved Affordable Housing. To respond to this view, the proposal is to have a standard definition of affordable housing that includes the desired target groups (above), and to expand reporting to include both those units that are Approved as affordable, as well as those units that may be considered lower cost based on current market value (less than $250,000). It is proposed that annually staff will develop and produce this report. It is believed this responds to limitations cited in the existing reporting. 11.A.1 Packet Pg. 217 Attachment: Ex A - Definition AH strikethrough-underline rev Exhibit A (4770 : Implementation of Community Housing Plan) Exhibit B 1 AFFORDABLE HOUSING DEMAND MODEL METHODOLOGY Affordable Housing Advisory Committee Community Stakeholder Committee Collier County Community and Human Services Kimberley Grant, Director February 27, 2018 11.A.2 Packet Pg. 218 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 2 Background and Purpose Through a cooperative partnership between the Affordable Housing Advisory Committee (AHAC), Collier County Community and Human Services (CHS) and Comprehensive Planning in the Growth Management Division, the Housing Element of the Growth Management Plan was amended during the Evaluation and Appraisal Report in 2012 to require development of a method of indexing the demand, availability and cost for affordable/workforce housing throughout the County. The outcome defined at that time (2012) were to meet the following Goals, Objectives and Policies of the Housing Element: Goal 1: To create an adequate supply of decent, safe, sanitary and affordable/workforce housing for all residents of Collier County. Objective 1: Provide new affordable housing units in order to meet the current and future housing needs of legal residents with very low, low and moderate and affordable workforce incomes, including households with special needs such as rural and farmworker housing in rural Collier County. Policy 1.1: The Department of Housing, Human and Veteran Services (now CHS) shall establish a method of indexing the demand for very low, low, moderate and affordable workforce housing. Policy 1.2: The Department of Housing, Human and Veteran Services (now CHS) shall establish a method of indexing the availability and costs of very low, low, moderate and affordable workforce housing. Policy 1.3: The Department of Housing, Human and Veteran Services (now CHS) shall develop methods to predict future need, based on the Indexes established in Policies 1.1 and 1.2 above. Policy 1.4: The Department of Housing, Human and Veteran Services (now CHS) shall establish necessary strategies, methods and tools to support this Objective. The previously approved 2015 Housing Index Model was developed to replace the arbitrary number previously identified in the Housing Element to construct 1,000 affordable/workforce housing units each year to meet the County’s demand for affordable/workforce housing units. The 2015 Housing Index Model was based on population projections. In 2017, Community and Human Services developed a new Housing Demand Model that includes population, existing housing inventory and the number of cost-burdened households. Based upon the outcome of the new Housing Demand Model, response strategies have been developed and presented to the Board of County Commissioners in a Community Housing Plan in October 2017. 11.A.2 Packet Pg. 219 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 3 Updated Housing Demand Model: Population, Existing Supply, and Cost-Burdened Based Population, existing housing inventory, and cost burdened households, are the main drivers that are quantifiable and utilized to project future demand for affordable housing1. The key secondary factors are area median income, housing prices, persons per household, and the Housing Opportunity Index. The objective is to create a simple model based on accepted principles and available and validated data. The previously approved model was as follows: Population Based Model Formula Projected Gross Future Demand Less: Available inventory (owner occupied and rental) Results in: Projected Net Future Demand 6 There were shortcomings in this model, however. It did not address the current needs of residents already over-paying for housing related costs. It assumed all existing residents were sufficiently housed. Most significantly it did not answer the question of the specific supply and demand needs by income level. The following series of charts show the steps in taking the approved model forward to the updated Housing Demand Model. 1 Affordable Housing Needs Assessment, Population and Household Projection Methodology, Prepared by the Shimberg Center for Affordable Housing, Rinker School of Building Construction, College of Design, Construction and Planning, University of Florida, September 2006 11.A.2 Packet Pg. 220 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 4 The first chart takes the initial projection model and stratifies it by income levels. Next, all by income levels, the model develops the existing inventory, the gross need, the supply, and identifies the remaining need. And the chart below elaborates on the existing resources and outlines planning assumptions. Sources/ Notes: 1. (column #4 & #5)- Assume a 3-person household (Collier County average persons per household = 2.4) 2. (column #6)- Collier County Property Appraiser 3. (column #7)- CHS yearly Collier County Redistricted Affordable Units Monitoring (July 2017) 4. (column #8)- University of Florida Shimberg Center for Affordable Housing- Florida Housing Data Clearinghouse 5. (column #9)- Using Collier County Affordable Housing Demand Methodology Approved 2015, new entrants to county only. 11.A.2 Packet Pg. 221 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 5 6. (column #11)- To determine the current population needs and future populations needs, University of Florida Shimberg Center for Affordable Housing- Florida Housing Data Clearinghouse 7. (column #12)- NABOR (Naples) and MIAAOR (Marco) Collier County Inventory levels collected from August, 2017; includes Manufactured Homes; NABOR does not include private sales not approved for sale on the MLS 8. (column #13)- CHS Quarterly Collier County Apartment Survey (July 2017) 9. (column #12 & #13)- While they ARE included in in this analysis, there are 8,514 mobile home units in Collier County, of which 2,076 are located in District 5 (which includes Immokalee). A survey of mobile home parks has determined that the majority of mobile home units in Immokalee are utilized as migrant farm- worker housing, and many other mobile homes in the urban area of the county are located in age restricted, 55 and over communities. While the number of mobile homes in Collier County is significant, in total they make up less than 4% of the County’s total housing stock and they are encumbered by other restrictions that preclude them from serving as housing options for the greater population. Once the model is in use additional data sources may be explored to continue to refine the information and provide a current and local viewpoint. All sources will be disclosed when the information is presented for review and consideration. Calculation Elements The 2017 model uses the HUD standard income categories based on AMI2 and assumes those persons earning 140% of AMI and above can compete in the marketplace for housing. Therefore, the need for additional affordable/workforce housing will be centered on those households earning less than 140% of AMI. The population is projected forward one year at the growth factor used by Comprehensive Planning in the Growth Management Division (currently 1.02%). Further, for planning purposes, it is assumed those making less than 80% AMI are in need of rental units, and those earning more than 80% of AMI could qualify for homeownership and/or rental; with recognition there are many that cross one way or the other, yet this is a reasonable basis for planning. The demand for 2017 is a need for 313 owned units and 1352 rental units. When in operation, the Board of County Commissioners would be presented annually with the projected need as well as a set of recommendations to consider in order to meet the future need identified. 11.A.2 Packet Pg. 222 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 6 Supplemental Information It is recognized that population changes alone may not determine the need for affordable/workforce housing. It is commonly held that market conditions and income conditions greatly impact the availability of housing in general, and more specifically, affordable/workforce housing.2 Through extensive research and discussion, additional supplemental data and facts that affect the need for affordable/workforce housing have been identified. Such factors as the Housing Opportunity Index, cost burdened rates of households, occupancy rates, and housing prices were examined. When the model is in operation, additional supplemental information may become available to reference. The Housing Opportunity Index The published National Association of Home Builders Wells Fargo Housing Opportunity Index (HOI) is a very relevant data set to review and consider because it is a reliable indicator of overall affordability of housing in our community available to the households earning 100% AMI. This is presented as meeting the requirements under Policy 1.1 and 1.2 noted earlier. As shown in the graphic illustration below, in simple terms, when income stays the same and the housing prices go up, affordability is decreased. Due to the nature of the recent drastic housing market fluctuations, the chart illustrates that following this data on a real-time basis can be an indicator of demand for and availability of additional affordable/workforce housing units in our community. The HOI is defined as the “share of housing sold in the area that would have been affordable to a family earning local median income based on standard mortgage underwriting 2 Reforming America’s Housing Finance Market, A Report to Congress, US Department of the Treasury and US Department of Housing and Urban Development, February2011 11.A.2 Packet Pg. 223 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 7 criteria (assumes 30% of gross income is spent on housing with 10% down payment)”3. For income, County staff uses the annual median family income estimates for the Naples/Marco Island Metropolitan Area published by the US Department of Housing and Urban Development (HUD). If the HOI is over 50, the County is deemed to have sufficient availability for those households earning 100% of the AMI. Following this is very useful to identify and react to trends. Cost Burdened Levels There is information that indicates certain households are “cost burdened”4 or “severely cost burdened” in our county5. Housing cost burden reflects the percent of income paid for housing by each household living in a geographic area. Based on recent US Census Bureau survey’s, the number and percent of households paying more than thirty percent (30%) of th eir income for housing are reported for communities with populations of 20,000 or more. Households spending more than 50 percent are considered to be "severely cost -burdened." Housing is generally considered to be affordable if the household pays less than 30 percent of income.6 The below graphic represents the cost burdened situation for Collier County. 16 Spend 30% or less Spend 30.1-50% Spend more than 50% Income Spent on Housing *Schimberg 2015 HH projections 31,273 HH, 22% 81,811 HH, 57% 30,245 HH, 21% 3 Source: National Association of Home Builders – Wells Fargo Housing Opportunity Index based on information provided from sales transaction records from CoreLogic. The data includes information on state, county, date of sale and sales price of homes sold. 4 HUD defines “cost burdened” as a household paying more than 30% of their annual income for a mortgage payment. 5 HUD defines “severely cost burdened” as a household paying more than 50% of their annual income for a mortagepayment 6 Florida Housing Data Clearinghouse, Shimberg Center for Housing Studies, University of Florida derived from figures produced from University of Florida Bureau of Economic and Business Research 11.A.2 Packet Pg. 224 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Exhibit B 8 As indicated in the following chart, the wages of many workforce positions are insufficient to afford the rental rates in Collier County. Annual Wage Range (Entry to Median) Median Gross Rent 2015 Median Home Sales Price Homes Priced at 50% of Median Price $1,020 / Month $405,000 $200,000 Health Care Registered Nurses $47,000-$65,000 24% 38% 19% Medical Assistants $30,000-$35,000 41% 68% 34% Emergency Technicians $28,000-$36,000 42% 68% 34% Education Teachers $44,000-$59,000 28% 50% 25% Teaching Assistants $22,000-$24,000 45% 101% 51% Public Safety Firefighters $39,000-$57,000 29% 43% 21% Patrol Officers $47,000-$59,000 26% 41% 21% Service Workers Maids/Housekeeping $18,000-$22,000 66% 109% 55% Massage Therapist $26,000-$55,000 37% 44% 22% Concierges $25,000-$31,000 48% 78% 39% Entry Level/ Mid Tier Professionals Human Resources Specialists $35,000-$55,000 31% 45% 22% Dental Assistants $33,000-$43,000 36% 57% 29% Administrative Assistants $22,000-$33,000 49% 73% 37% Responding to the Model and Model Operations The ultimate objective is to determine whether there is a gap between the need and availability of housing that is affordable; then determine what actions will be taken to close the gap. The BCC was presented with a housing plan in October 2017 with a response model. Staff is in the process of bringing forth those recommendations to the BCC for final adoption. When adoption is complete, the model can be re-run to show the impact of the adopted recommendations. Recommendation To update the 2015 Housing Demand Model with the addition of the existing housing inventory, and the percentage of Cost Burdened Households, resulting in the Collier County Housing Demand Model – October 2017. 11.A.2 Packet Pg. 225 Attachment: Ex B - Revised Affordable Workforce Housing Projection Methodology 12518 Exhibit B kg (002) (4770 : Implementation of Page 1 Exhibit E 1 2.6.1 - AFFORDABLE HOUSING DENSITY BONUS 2.6.2 - Generally A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight (8) twelve (12) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) sixteen (16) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the Collier County GMP. The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre., except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density bonus (ADHB) program. B. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. 1. Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or his designee. If the proposed development is to include affordable housing, the housing and urban improvement community and human services director, or their designee, must participate in the preapplication conference. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. 11.A.3 Packet Pg. 226 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 2 Exhibit E 1 2. Application. An application for AHDB for a development must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be provided for the housing and urban improvement community and human services director. The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development categorized by level of income, number of bedrooms, and rental units and owner-occupied units: i. Gap income households (one bedroom, two bedrooms, three bedrooms or more). ii. Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). iii. Low income households (one bedroom, two bedrooms, or three bedrooms or more). iv. Very low-income households (one bedroom, two bedrooms, or three bedrooms or more). v. Total affordable housing units (one bedroom, two bedrooms, or three bedrooms or more). e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, an application for a Stewardship Receiving Area, or a conditional use application for a Commercial Mixed-Use project as provided for within section 4.02.38 of the LDC; and g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 3. Determination of completeness. After receipt of an application for AHDB, the housing and urban improvement community and human services director shall determine whether the application submitted is complete. If he determines that the application is not complete, the housing and urban improvement director shall notify the applicant in writing of the deficiencies. The housing and urban improvement community and human services director shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the County Manager or designee. After receipt of a completed application for AHDB, the County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this section. The County Manager or designee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and must recommend to the planning commission and the BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the County Manager or designee must include a report in support of recommendation. 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the County Manager or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for 11.A.3 Packet Pg. 227 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 3 Exhibit E 1 rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this section and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the BCC that the application be denied, granted or granted with conditions. 6. Review and determination by Board of County Commissioners. Upon receipt by the BCC of the application for AHDB and the written recommendation and report of the County Manager or designee and recommendation of the planning commission, the BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the BCC, and the BCC must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the BCC must review and evaluate the application in light of the requirements of this section and the requirements for a rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. (Ord. No. 05-27, § 3.G; Ord. No. 06-63, § 3.K) 2.6.3 - Purpose and Intent A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case No. 89-1299 GM, by providing for moderate, low, and very low income housing through the use of density bonuses which allow an increase in the number of residential dwelling units per acre allowed on property proposed for development, thereby decreasing the per unit cost of land and development. B. This objective is accomplished by implementing an AHDB program which consists of an AHDB rating system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide increased residential densities to developers who guarantee that a portion of their housing development will be affordable by households of gap, moderate, low, or very low income, thus expanding housing opportunities for gap, moderate, low, and very low income households throughout the county. The purpose of the AHDB monitoring program is to provide assurance that the program is properly implemented, monitored, and enforced, and that useful information on affordable housing may be collected. 11.A.3 Packet Pg. 228 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 4 Exhibit E 1 2.6.4 - AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development, based on household income level, type of affordable housing units (owner- occupied or rental, single-family or multi-family), and percentage of affordable housing units in the development. To use the AHDB rating system, Table A below, shall be used. Table A shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. First, choose the household income level (50% of median income, 6080% of median income, or 80120% of median income or 140% of median income) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single- family or multi-family, where applicable) to be provided, as shown in Table A. An AHDB based on the household income level is shown in Table A. Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum AHDB available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the 2 percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for each additional percentage of affordable housing units in the development. For example, a development which has 24 percent of its total residential dwelling units as affordable housing units, at the less than 80 percent MI level will receive an AHDB of 26.4 residential dwelling units per gross acre for the development. 1. Where more than 1 type of affordable housing unit (based on level of income shown in Table A) is proposed for a development, the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed eight (8) twelve (12) dwelling units per gross acre. Table A. Affordable-Workforce-Gap Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable-Workforce-Gap Housing Product Household Income (% median) 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Gap 81—150 120-140% MI* 1 2 3 4 5 6 67 68 69 n/a Workforce Moderate 61-80 80-120% MI 2 34 5 86 87 8 89 810 811 812 Low 51—60 50-80% MI 3 46 67 8 89 810 811 812 812 812 Very Low 50% or less MI 4 58 79 810 811 812 812 812 812 812 11.A.3 Packet Pg. 229 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 5 Exhibit E 1 *Owner-Occupied Only and May only be used in conjunction with at least 1020% at or below 80120% MI Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing Density Bonus. In no event shall the maximum gross density allowed exceed 16 units per acre. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten (10) percent of the affordable housing units. D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. (Ord. No. 05-27, § 3.H; Ord. No. 06-14, § 3.A) 2.6.5 - Limitations on Affordable Housing Density Bonus Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all of the AHDB for a development: A. Affordable housing density bonus development agreement required. The AHDB shall be available to a development only when an AHDB development agreement has been entered into by the developer/ applicant and the BCC, and such agreement has been approved by the county attorney and the BCC pursuant to the public hearing process established in this section prior to execution. Amendments to such agreement shall be processed in the same manner as the original agreement. The AHDB development agreement shall include, at a minimum, the following provisions: 1. Legal description of the land subject to the agreement and the names of its legal and equitable owners. 2. Total number of residential dwelling units in the development. 3. Minimum number of affordable housing units, categorized by level of household income, type of unit (single-family or multifamily, owner-occupied or rental), and number of bedrooms, required in the development. 4. Maximum number of AHDB dwelling units permitted in the development. 5. Gross residential density of the development. 6. Amount of monthly rent for rental units, or the price and conditions under which an owner- occupied unit will be sold, for each type of affordable housing unit in accordance with the definition for each type of affordable housing rental unit (moderate, low, and very low). 7. The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a moderate, low or very low income family household shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. Comparable market rate means the rental; amount charged for the last market rate dwelling unit of comparable the amount authorized by the Florida Housing Finance Corporation for Collier County adjusted by income level, family size, and number of bedrooms , and updated annually. 8. No affordable housing unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this division as a moderate, low, or very low income family household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. Tenant income verification and certification shall be 11.A.3 Packet Pg. 230 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 6 Exhibit E 1 repeated annually to assure continued eligibility. 9. No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as a gap, moderate, low, or very low income family household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent of this section to keep housing affordable; therefore, any person who buys an affordable housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if he sells the property (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one-half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. 10. For example, a person originally buys a designated affordable housing unit (a house) for $60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for five years will give a value of $76,577.00. Deducting this amount from the sales price of $80,000.00 gives a difference of $3,423.00. The seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment of this amount would release the first owner from the recorded lien against the property. Such payment shall be maintained in a segregated fund, established by the county solely for affordable housing purposes, and such money shall be used solely to encourage, provide for, or promote affordable housing in Collier County. 11. No affordable housing unit in any building or structure in the development shall be occupied by the developer, any person related to or affiliated with the developer, or a resident manager. 12. When the developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. The developer shall agree to be responsible for payment of any real estate commissions and fees. The affordable housing units in the development shall be identified on all building plans submitted to the county and described in the application for AHDB. 13. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 14. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. 15. The AHDB agreement and authorized development shall be consistent with the growth management plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to the AHDB agreement and the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of AHDB approved for the development. 11.A.3 Packet Pg. 231 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 7 Exhibit E 1 16. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. 17. The conditions contained in the AHDB development agreement shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the property and every person having any interest therein at any time and from time to time. 18 .The AHDB development agreement shall be recorded in the official records of Collier County, Florida, subsequent to the recordation of the grant deed pursuant to which the developer acquires fee simple title to the property. 19. Each affordable housing rental unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (moderate, low or very low income) designated in accordance with the AHDB development agreement for at least 15 30 years from the issuance of a certificate of occupancy for such unit. 20. The developer and owner of the rental development shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling units where these issues are a factor. B. Compliance with growth management plan and land development regulations. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions and criteria for planned unit developments (PUDs) and rezonings, where applicable. C. Minimum number of affordable housing units. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten percent of the total affordable housing units. D. Nontransferable. The AHDB is not transferrable between developments or properties. E. Phasing. In the case where a development will occur in more than one phase, the percentage of affordable housing units to which the developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the property. For example, if the total development's AHDB is based on the provision of ten percent of the total dwelling units as affordable housing rental units for low income households with two bedrooms per unit, then each phase must maintain that same percentage (ten percent in this case) cumulatively. (Ord. No. 04-72, § 3.H) 2.6.6 - Affordable Housing Density Bonus Monitoring Program A. Annual progress and monitoring report. The AHDB for a development shall be subject to the AHDB monitoring program set forth in this section. The developer shall provide the County Manager or his designee with an annual progress and monitoring report regarding the delivery of affordable housing rental/ownership units throughout the period of their construction, rental, sale and occupancy for each of the developer's developments which involve the AHDB in a form developed by the County Manager or his designee. The annual progress and monitoring report shall, at a minimum, require any information reasonably helpful to ensure compliance with this section and provide information with regard to affordable housing in Collier County. To the extent feasible, the County Manager or his designee shall maintain public records of all dwelling units (AHDB and affordable housing units) constructed pursuant to the AHDB program, all affordable housing units constructed pursuant to the AHDB program, occupancy statistics of such dwelling units, complaints of violations of this section which are alleged to have occurred, the disposition of all such complaints, a list of those persons who have participated as tenants or buyers in the AHDB program, and such other records and information as the County Manager or his designee believes may be necessary or desirable to monitor the success of the AHDB program and the degree of compliance therewith. 11.A.3 Packet Pg. 232 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 8 Exhibit E 1 Failure to complete and submit the monitoring report to the County Manager or his designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. B. Income verification and certification. 1. Eligibility. The determination of eligibility of gap, moderate, low, and very low income families households to rent or buy and occupy affordable housing units is the central component of the AHDB monitoring program. Family Household income eligibility is a three-step process: (1) submittal of an application by a buyer or tenant; (2) verification of family household income; and (3) execution of an income certification. All three shall be accomplished prior to a buyer or tenant being qualified as an eligible family household to rent or purchase and occupy an affordable housing unit pursuant to the AHDB program. No person shall occupy an affordable housing unit provided under the AHDB program prior to being qualified at the appropriate level of income (gap, moderate, low or very low income). 2. The developer shall be responsible for accepting applications from buyers or tenants, verifying income and obtaining the income certification for its development which involves AHDB, and all forms and documentation must be provided to the County Manager or his designee prior to qualification of the buyer or tenant as a gap, moderate, low or very low income family household The County Manager or his designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer or tenant, the developer shall provide to the County Manager or his designee, at a minimum, the application for affordable housing qualification, including the income verification form and the income certification form, and the purchase contract, lease, or rental agreement for that qualified buyer or tenant. At a minimum, the lease shall include the name, address and telephone number of the head of household and all other occupants, a description of the unit to be rented, the term of the lease, the rental amount, the use of the premises, and the rights and obligations of the parties. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. 3. Application. A potential buyer or tenant shall apply to the developer, owner, manager, or agent to qualify as a gap, moderate, low, or very low income f a m i l y household for the purpose of renting, or owning and occupying an affordable housing rental/owner-occupied unit pursuant to the AHDB program. The application for affordable housing qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. 4. Income verification. The County Manager or his designee or the developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income to the potential tenant/owner (including the entire household). The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked, frequency of pay, bonuses, tips and commissions and a signature block with the date of application. The verification may take the form of the most recent year's federal income tax return for the potential occupants (including the entire household), a statement to release information, tenant verification of the return, and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90- day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. 5. Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer or tenant (including the entire household) prior to sale or rental and occupancy of the affordable housing unit by the owner or tenant. Income certification that the potential occupant has a gap, moderate, low, or very low household income qualifies the potential occupant as an eligible f am ily household to buy or rent and occupy an affordable housing unit under the AHDB program. The income certification shall be in a form provided by the County Manager or his designee. 11.A.3 Packet Pg. 233 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Page 9 Exhibit E 1 6. Notwithstanding any language to the contrary contained herein, the Developer shall be deemed in compliance with the AHDB agreement if the Developer has complied with the tenant eligibility and qualification requirements of the Florida Housing Finance Corporation by providing Community and Human Services a copy of the annual Florida Housing Finance Corporation compliance and program reports. (Ord. No. 04-72, § 3.I) 2.6.7 - Violations and Enforcement A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the AHDB program except as specifically permitted by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or his designee or by other persons pursuant to the authority which is delegated to them by section 2.06.00. B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of violation shall be issued and sent by the County Manager or his designee by certified return receipt requested U.S. mail, or hand delivery to the person or developer in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed and dated by the County Manager or his designee or such other county personnel as may be authorized by the BCC, shall specify the violation or violations, shall state that said violation(s) shall be corrected within ten thirty days of the date of notice of violation, and shall state that if said violation(s) is not corrected by the specified date that civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified date in the notice of violation, the County Manager or his designee shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of these regulations, or subsequent amendments thereto, violated, name of the County Manager or his designee, and date and time when the violator shall appear before the code enforcement board. C. Criminal enforcement. Any person who violates any provision of this section shall, upon conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions of F.S. § 125.69. Such person also shall pay all costs, including reasonable attorneys attorney’s fees, including those incurred on appeal, involved in the case. Each day such violation continues, and each violation, shall be considered a separate offense. D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section 2.06.06 C. above, Collier County and the County Manager or his designee shall have full power to enforce the terms of this section and any AHDB development agreements, rezoning conditions or stipulations, and planned unit development (PUD) conditions and stipulations pursuant to this section and the rights, privileges and conditions described herein, by action at law or equity. In the event that it is determined that a violation has occurred and has not or will not be corrected within 60 days, the certificate of occupancy for all AHDB units within the development shall be withdrawn and the sanctions or penalties provided in the AHDB development agreement shall be pursued to the fullest extent allowed by law. (Ord. No. 04-72, § 3.J) 11.A.3 Packet Pg. 234 Attachment: Ex E1 - LDC 2.06.00 AFFORDABLE HOUSING DENSITY BONUS amend 12518 Exhibit E-1 kg (002) (4770 : Implementation of Exhibit E-2 FUTURE LAND USE DESIGNATION DESCRIPTION SECTION B.2.c Affordable-Workforce Housing Bonus: As used in this density bonus provision, the term “affordable” shall be as defined in Chapter 420.9071, F.S. and 1.08.02 of the Land Development Code to encourage the provision of affordable-workforce housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to eight (8) twelve (12) residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable-W orkforce Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended, adopted June 22, 2004 and effective October 18, 2004), and if the affordable-workforce housing units are targeted for families earning no greater than 150140% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable-Workforce Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable-workforce Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. Formatted: Line spacing: 1.5 lines Formatted: Strikethrough Formatted: Strikethrough Formatted: Underline Formatted: Underline Formatted: Strikethrough Formatted: Underline, Strikethrough, Not Highlight Formatted: Strikethrough, Not Highlight Formatted: Strikethrough Formatted: Underline Formatted: Strikethrough Formatted: Strikethrough 11.A.4 Packet Pg. 235 Attachment: Ex E2 - GMP AHDB Changes to Desity Rating System up to 12 units Exhibit E-2 rev 2118 (4770 : Implementation of Community [18-GRC-00661/1392675/1] RESOLUTION NO. 2018-_______ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PERTAINING TO ADVOCATING FOR FULL FUNDING OF STATE AND FEDERAL AFFORDABLE HOUSING FUNDING SOURCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County is a recipient of State Housing Initiative Partnership (SHIP) funding from the documentary stamp tax program for affordable housing in accordance with Chapter 420 of Florida Statutes; and WHEREAS, Collier County is an urban entitlement county under the U.S. Department of Housing and Urban Development (HUD) housing and community development programs; and WHEREAS, the Board of County Commissioners recognizes that continued funding of affordable housing is critical to efforts to address the challenge of housing affordability in the County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in keeping with the growing need for housing that is affordable, the County adopts an affordable housing legislative policy as follows: The Collier County Board of County Commissioners will advocate, support, and authorize the County’s lobbyist to support state and federal legislation, as annually approved by the Board of County Commissioners, that authorizes additional funding for affordable housing initiatives. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote this ___ day of February 2018. 11.A.5 Packet Pg. 236 Attachment: Reformatted Ex C Full Funding Res [Revision 1] (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392675/1] ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By:________________________ By:_________________________________ , Deputy Clerk ANDREW SOLIS, CHAIRMAN Approved as to form and legality : ___________________________ Jennifer Belpedio Assistant County Attorney 11.A.5 Packet Pg. 237 Attachment: Reformatted Ex C Full Funding Res [Revision 1] (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392676/1] RESOLUTION NO. 2018-_______ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PERTAINING TO REAL PROPERTY WITHIN COLLIER COUNTY OWNED, OR TO BE ACQUIRED, BY COLLIER COUNTY, THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING OR FOR THE CO-LOCATION OF AFFORDABLE HOUSING AND PUBLIC FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an inventory list of all real property within Collier County to which the County holds fee simple title that is appropriate for use as affordable housing is prepared in accordance with Section 125.379, Florida Statutes; and WHEREAS, the County currently has policies in place for the management and disposition of its real property inventory; and WHEREAS, the Board of County Commissioners accepted the Community Housing Plan and its recommendation to consider affordable housing needs in future land acquisitions and the possibility of co-locating housing that is affordable with future public facilities; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, to address the growing need for housing that is affordable, that public properties now owned by the County, or to be acquired by the County in the future, be considered for use as affordable housing, or for the co-location of affordable housing and public facilities. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote this ___ day of February 2018. 11.A.6 Packet Pg. 238 Attachment: Reformatted Ex D AH Property -- Co-location Res (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392676/1] ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By:________________________ By:_________________________________ , Deputy Clerk ANDREW SOLIS, CHAIRMAN Approved as to form and legality: ___________________________ Jennifer Belpedio Assistant County Attorney 11.A.6 Packet Pg. 239 Attachment: Reformatted Ex D AH Property -- Co-location Res (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392679/1] RESOLUTION NO. 18 –__________ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2007- 176, AMENDING THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING. RECITALS WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of affordable housing to its workers and residents, encourage the retention of affordable-workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable- housing by adoption of certain Goals, Objectives and Policies in the County's Growth Management Plan (GMP); and WHEREAS, the intent of Goal 1 of the GMP's Housing Element is to create an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to “Provide new affordable housing units in order to meet the current and future housing needs of legal residents with very-low, low, moderate and gap incomes, including households with special needs such as rural and farmworker housing in rural Collier County; and WHEREAS, in order to address the housing needs of low, moderate, and gap income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires the County and the City of Naples to review its existing permit process system in an effort to reduce the processing time and cost 11.A.7 Packet Pg. 240 Attachment: Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392679/1] of affordable housing and continue to identify areas that can be streamlined; and WHEREAS, in order to comply with State law, the Board of County Commissioners through Resolution No 2007-176 adopted as its policy, specific procedures for expediting the review of development orders for affordable housing qualified projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to improve the benefit to providers of affordable housing serving families with 140% or below median household income levels, and to make the program consistent with other affordable housing programs administered by the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. This Resolution shall supersede and replace Resolution 2007-176. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable housing expedited review policy, as amended, is adopted for immediate use, as follows: A. Purpose/Scope: The purpose of this Program is to establish procedures to allow for expedited reviews of all development orders qualifying as affordable housing so as to create more affordable housing and comply with State law. The expedited review process for qualified development orders is not intended to otherwise modify or alter existing procedural standards for reviewing development orders, including those that do not qualify for affordable housing. B. Applicability: These procedures apply to the review of all qualified development orders for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for the expedited review process, the applicant for a proposed development order must: 1. Specifically request affordable housing expedited review project 11.A.7 Packet Pg. 241 Attachment: Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392679/1] status as part of an application for a County development order, as defined in Sec. 163.3164 (7), F.S., including but not limited to: Rezone petitions, including those for Planned Unit Development (PUD) districts, Conditional Use, Site Development Plans, Subdivision Plats, and Building Permits, including but not limited to their corresponding zoning, engineering, environmental, transportation, building, and fire code reviews; and 2. Construct an affordable housing project that contains a minimum of twenty percent (20%) of the total number of approved units as approved affordable housing in the 140% or below of household medium income category; and 3. Include a certificate issued by the Collier County Community and Human Services Division stating that the affordable housing project has qualified for expedited review status by meeting the criteria as outlined in this Resolution. C. Affordable Housing Expedited Review Procedures. 1. Affordable housing review qualification meeting and Certificate. Prior to the pre-application meeting process and an application for a development order being submitted to Collier County for the expedited review process, the applicants or agents must attend a qualification meeting with Collier County Community and Human Services. To qualify, the applicant or agent must demonstrate how the project will comply with paragraph B above. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. 2. Affordable Pre-application meeting. A pre-application meeting is required prior to a development order application being submitted under this expedited review process. 3 Submittal of affordable expedited review Development Order Application. Once qualified, an application for a development order, including an approved copy of the certificate of affordable housing for expedited review issued 11.A.7 Packet Pg. 242 Attachment: Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392679/1] by Collier County Community and Human Services, must be submitted to the County for expedited review within nine (9) months from date of issuance of the certificate. If not timely submitted, the applicant must apply to be re-qualified as set forth above. 4. Affordable housing expedited review time line for application sufficiency. Complete development order application submittal packages, once time- stamped by the Growth Management Department will receive an expedited sufficiency review as set forth below. a. The Growth Management Department, will review the submittal package and determine it to be "complete" or "incomplete" after sufficiency review. b. To be considered "complete" an application submittal package for a Zoning, Engineering and/or Environmental Section type petition must include the following: all items checked off on pre-application meeting notes (i.e., application and review fees, addressing checklist, and any additional information requested and noted during the pre-application meeting, and any other information noted as a required). To be considered "complete" an application submittal package for the Building Permit Section must include all items checked off on the application checklist noted as required (i.e. survey, truss drawings, energy calculations, and any other information noted as required). c. An application package deemed "incomplete" will not be accepted and will be returned to the applicant noting the deficiencies and the applicant will be directed to reapply. With each subsequent submittal, the Growth Management Department will determine an application package to be "complete" or "incomplete" after sufficiency review d. Once an application package is deemed "complete" it will have all necessary data entered into the computer project-tracking program noting the project as an "affordable housing" and an expedited review route sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency review to determine submittal as "complete". 11.A.7 Packet Pg. 243 Attachment: Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392679/1] a. Expedited review times for affordable projects. Review of any development order with an expedited review status will be completed and the appropriate staff reports and approvals completed within one hundred and twenty (120) business days for petition types such as Rezone and/or Conditional Use requests, sixty (60) business days for petition types such as Subdivision Plats and/or Site Development Plan requests, or seventy-five (75) days for residential Building Permit requests from date of distribution for staff review. b. To ensure that expedited review applications move through the review process in a timely manner, all re-submittal packages and plan corrections must be provided to the County by the applicant within fifteen (15) business days measured from the date of staff's review comment letter created at the end of each review cycle. As such, the County's complete 120/60/75 business day review timeframes will not include any time when the County is waiting for the applicant to re-submit plan corrections based on staffs review comment letter. c. In order to meet the complete expedited review period noted in paragraph 5. a and b. above, review staff must complete their reviews for affordable housing applications within fifteen (15) business days from the distribution date of submittal package for planning petitions (i.e. PUD Rezones or Conditional Use), seven (7) business days from the distribution date of submittal package for site-related petitions (i.e. Subdivision Plats or Site Development Plans), or twenty- five (25) business days from the distribution date of submittal package for Building Permits. d. Resubmittal packages, additional information and/or corrected plans will be reviewed under the same submittal procedures until all of the assigned review departments have approved the development order and final approval is granted by the County Manager or his designee. e. Once an application for a development order has been rejected twice by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all County review departments yet to approve the application. The purpose of such a project review meeting will be to reach resolution and allow the 11.A.7 Packet Pg. 244 Attachment: Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (4770 : Implementation of Community Housing Plan) [18-GRC-00661/1392679/1] application to proceed to public hearings. f. Once all departments have completed reviews for a development order such as but not limited to a site development plan or building permit resulting in an approved status the final approval process shall be completed within three (3) business days (i.e. final typing of permit or approval letter for site development plan). 6. Public Meeting and Hearings. Qualified affordable expedited review projects will be given first priority for scheduling of all meetings including but not limited to pre-application meetings, neighborhood informational (NIM) meetings, project meetings, and public hearings. Note: If an applicant does not respond within the fifteen (15) business days as outlined in paragraph 5.b. above, the County cannot guarantee first priority scheduling. This Resolution adopted after motion, second, and majority vote this ________ day of February 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By:________________________ By:_________________________________ , Deputy Clerk ANDREW SOLIS, CHAIRMAN Approved as to form and legality: ___________________________ Jennifer Belpedio Assistant County Attorney 11.A.7 Packet Pg. 245 Attachment: Ex F - Fast Track Resolution update 2018 Exhibit F CAO letter version (4770 : Implementation of Community Housing Plan) Collier County Community Housing Plan Implementation Step One 2-27-18 Presentation: Board of County Commissioners 1 Step One Implementation Items: 1.Adopt New Definition of Affordable Housing 2.Adopt new Housing Demand Methodology 3.Advocate for full funding of the Sadowski Housing Trust Fund for SHIP and other housing funding 4.Adopt a policy to address housing that is affordable in future public land acquisitions. 5.Amend the Affordable Housing Density Bonus (AHDB) program 6.Create a concurrent zoning review/approval process 2 Why take action? 3 Facts 61.4% Jobs pay < $33,250/yr 57,567 HH Cost Burdened Rental Rates UP 15% in Just last year The Chamber has identified the lack of Affordable Housing as it’s #1 Public Policy Issue … fact 4 Facts Household earning median income can’t afford median priced home Prospective employees can’t afford to live here 40,000 People commute daily Little to no vacancy in rentals 5 Community and Economic Vitality Job and Workforce Dev Education Transportation Tourism Housing Land / Space Financing Environment 6The Bigger picture Recommendation #1: Definition What is Affordable Housing? What income levels does our definition cover? 7 What Affordable Housing is NOT Public Housing Cabrini Green Slums Value reducer 8 What Affordable Housing IS Safe, DECENT, & Affordable Less than 30% of monthly income 9 Habitat for Humanity-Legacy Lakes Naples, FL Vestcor-Noah’s Landing Naples, FL Big Cypress Housing-Hatcher’s Preserve Immokalee, FL What Affordable Housing IS 10 The Preserve at Bristol Pines Naples, FL Vistas at Heritage Bay Naples, FL Botanical Place Naples, FL Cypress Glen Naples, FL Affordable Housing Under 30% spent on housing Restricted 10,766 Unrestricted, Market Rate 78,127 Definition Tracking and Reporting Collier County Housing Plan Updated Definition 11 National Standard Definition Collier Specific Target Groups such as seniors and special needs Affordable HousingExtremely Low 0 –30% Very Low 31 –50% Low 51 –80% Moderate 81 –120% Gap 120 –140% Affordable Housing-Housing is affordable to a household when a residential dwelling unit with monthly rent or monthly mortgage payment, including property taxes and insurance, is not in excess of 30 percent of that amount which represents the percentage of the median annual gross income for the household. Collier County Housing Plan Updated Definition 12 Affordable HousingExtremely Low 0 –30% Very Low 31 –50% Low 51 –80% Moderate 81 –120% Gap 121 –140% Collier County Housing Plan Updated Definition –Who?13 3 Person HH$18,840 Retail, Servers, Health Aid $31,400 Teaching Asst, Hospitality $50,240 Teacher, Firefighter, Construc. $75,360 Government, Manufac., Nurse $90,432 Professionals, Schools, Business Rent 2 BR$471 $785 $1,256 $1,884 $2,261 Collier County Housing Plan Updated Definition –Can Afford 14 3 Person HH$18,840 Retail, Servers, Labor $31,400 Teaching Asst, Hospitality $50,240 Teacher, firefighter, Construc. $75,360 Government, Business, Seniors $90,432 Professionals, Schools, Business Own$55,000 $95,000 $115,000 $200,000 $250,000 Affordable HousingExtremely Low 0 –30% Very Low 31 –50% Low 51 –80% Moderate 81 –120% Gap 120 –140% These words no longer appear in our definition: Essential Service Personnel Housing Workforce Housing Professional Housing Reasonably Priced Housing Collier County Housing Plan Updated Definition 15 #1 -Definition Summary and applicability We have a new definition and reporting format We know what incomes it addresses We know what jobs make up those incomes We know what those households can afford in rent We know what those households can afford to buy 16 #2 -THE DEMAND MODEL Update to the 2015 methodology HOW MUCH AND WHAT TYPE DO WE NEED? 17 Collier County Housing Plan Defining the Demand Existing Housing Demand Model –Adopted By the BCC March 2015 18 Shortcomings of existing model: •Does not address current need of residents; Doesn’t target incomes •Assumes everyone is adequately and affordably housed •Ignores 40% (57,567) of households are Cost Burdened •Resulted in “NO NEED” (1817 –1823 = surplus of 5 units) -() Cost Burdened Spending more than 30% of gross household income on housing related expenses Drives people out of county for housing, along with their spending power 19 ULI Study-Cost Burdened 20 2 in 5 HH are Cost Burdened 1 in 5 HH are severely Cost Burdened Cost Burdened Comparison Regional and Other Coastal Communities 21 Collier County Housing Plan Defining the Demand Updated Housing Demand Model 22 EXISTING GROSS NEED SUPPLY NEED Collier County Housing Plan Defining the Demand Updated Housing Demand Model 23 Sources/ Notes: 1. (column #4 & #5)-Assume a 3-person household (Collier County average persons per household = 2.4) 2. (column #6)-Collier County Property Appraiser 3. (column #7)-CHS yearly Collier County Redistricted Affordable Units Monitoring (July 2017) 4. (column #8)-University of Florida Shimberg Center for Affordable Housing-Florida Housing Data Clearinghouse 5. (column #9)-Using Collier County Affordable Housing Demand Methodology Approved 2015, new entrants to county only. 6. (column #11)-To determine the current population needs and future populations needs, University of Florida Shimberg Center for Affordable Housing-Florida Housing Data Clearinghouse 7. (column #12)-NABOR (Naples) and MIAAOR (Marco) Collier County Inventory levels collected from August, 2017; includes Manufac tured Homes; NABOR does not include private sales not approved for sale on the MLS 8. (column #13)-CHS Quarterly Collier County Apartment Survey (July 2017) 9. (column #12 & #13)-While they ARE included in in this analysis, there are 8,514 mobile home units in Collier County, of which 2,076 are located in District 5 (which includes Immokalee). A survey of mobile home parks has determined that the majority of mobile home units in Immokalee are utilized as migrant farm-worker housing, and many other mobile homes in the urban area of the county are located in age restricted, 55 and over communities. While the number of mobile homes in Collier County is significant, in total they m ake up less than 4% of the County’s total housing stock and they are encumbered by other restrictions that preclude them from serving as housing opt ions for the greater population. Collier County Housing Plan Defining the Demand Updated Housing Demand Model 24 GREATEST NEED: RENTAL #2 –Demand Model Section Summary… Existing Demand Model, and its Shortcomings Benefits of New Housing Demand Model Shows Greatest Need (Who and What) Addresses Current Needs, Not Only Future Uses Real-Time Availability Easily Updated 25 The Collier County Board of County Commissioners will advocate, support, and authorize the County’s lobbyist to support current and future state and federal legislation, as identified by county staff or lobbyist, that authorizes additional funding for affordable housing initiatives. 26#3 -New Board Policy/Resolution: Lobby for Affordable Housing Funding To address the growing need for housing that is affordable, that public properties now owned by the County, or to be acquired by the County in the future, be considered for use as affordable housing, or for the co-location of affordable housing and public facilities. 27#4 -New Board Policy/Resolution: Consider Housing in Future Land Acquisitions #5 -Amend the Affordable Housing Density Bonus (AHDB) program Seeking direction for LDC & GMP amendments to increase program use by increasing the available density bonus from 8 units/acres to 12 units per acre, stays within the County’s current maximum of 16 units/ acre. 28 Affordable Housing Density Bonus Offers up to 8 bonus units/acre Sliding scale based on affordability and commitment Requires a 15 year affordability period Creates an artificially lower ceiling on density available for Housing that is Affordable Suggested “fine-tuning” Increases available bonus to 12 units/acre When added to base density still remains within the County’s 16 units/acre cap Puts Housing that is Affordable on level playing field with other available residential uses Increases Affordability Period from 15 to 30 years compliance Does not change public hearing, approval, or notice requirements 29 #6 -Amend the Expedited Permitting / Fast- track Procedure for Housing that is Affordable Established 120/60/75 business day approval expectations Created expedited review timelines of 15/7/25 business day periods Does not limit number of subsequent reviews Suggested “fine-tuning” Allows for initial submission and re- submission Requires Project Review Meeting after second rejection to speed process and save $ Allows discrepancies to be corrected and public hearings scheduled Does not change public hearing, approval, or notice requirements 30 Step One Implementation Items: 1.Adopt New Definition of Affordable Housing 2.Adopt new Housing Demand Methodology 3.Advocate for full funding of the Sadowski Housing Trust Fund for SHIP and other housing funding 4.Adopt a policy to address housing that is affordable in future public land acquisitions. 5.Amend the Affordable Housing Density Bonus (AHDB) program 6.Create a concurrent zoning review/approval process 31 Broad Community Support for the Housing Plan 32 Questions 33