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AHAC Agenda 02/05/201802/28/2018 COLLIER COUNTY Advisory Boards Item Number: 1.A Item Summary: Affordable Housing Advisory Committee - February 5, 2018 Meeting Date: 02/28/2018 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Barbetta Hutchinson 02/27/2018 10:18 AM Submitted by: Title: Department Head - Public Services – Public Services Department Name: Steve Carnell 02/27/2018 10:18 AM Approved By: Review: Public Services Department Todd Henry Additional Reviewer Completed 02/27/2018 10:37 AM Administrative Services Department Michael Cox Document Review Completed 02/27/2018 11:11 AM Advisory Boards Michael Cox Meeting Pending 02/28/2018 12:00 AM 1.A Packet Pg. 10 1 COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE AGENDA Affordable Housing Advisory Committee (AHAC) 5th Floor Meeting Room – Building F Feberuary 5, 2018 8:00 A.M. AHAC COMMITTEE MEMBERS Steve Hruby, AHAC Chairman Taylor McLaughlin, Vice-Chair John Cowan, AHAC Member Denise Murphy, AHAC Member Mary Walller, AHAC Member Scott Kish, AHAC Member Joseph Schmitt, AHAC Member Litha Berger, AHAC Member Dr. Carlos Portu, AHAC Member Christina Apostolidis, AHAC Member Shery Soukup, Adv. for Low-Inc. Persons COLLIER COUNTY STAFF Kim Grant, Director, Community and Human Services Cormac Giblin, Housing and Grant Development Manager Barbetta Hutchinson, Operations Coordinator CHS Jason Rummer, Operations Analyst, Public Services NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. DURING COMMITTEE DISCUSSION, COMMITTEE MEMBERS MAY ASK DIRECT QUESTIONS TO INDIVIDUALS. PLEASE WAIT TO BE RECOGNIZED BY THE CHAIRMAN AND STATE YOUR NAME AND AFFILIATION FOR THE RECORD BEFORE COMMENTING. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONER’S OFFICE. 1.CALL TO ORDER & PLEDGE OF ALLEGIANCE 2.ROLL CALL OF COMMITTEE MEMBERS AND STAFFa. Introduction of new member- Sheryl Soukup 3.APROVAL OF AGENDA AND MINUTESa.Approval of today’s agendab.Approval of 1-8-18 AHAC Regular meeting minutes 4.INFORMATIONAL ITEMS –a.RFI For Housing that is Affordable on 2 county owned sitesb.Housing Plan implementation- phase onec.Entitlement Grant Application round opend.Hurricane disaster funding outreach 1.A.2 Packet Pg. 12 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2 5.PUBLIC COMMENTa.Persons wishing to speak must register prior to speaking. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the Chairman.6.DISCUSSION ITEMS AND PRESENTATIONS 7.STAFF AND COMMITTEE GENERAL COMMUNICATIONS 8.ADJOURN NEXT AHAC MEETING DATE: March 5, 2018, 8:00AM 1.A.2 Packet Pg. 13 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE January 8, 2018 8:30 A.M. Naples, Florida LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee met on this date at 8:30 A.M. in a WORKING SESSION at 3299 Tamiami Trail East, Building F, 3rd, Board Room, Naples, Florida, with the following Members present: Present: Taylor McLaughlin, Vice Chair John Cowan Mary Waller Litha Berger Denise Murphy Christina Apostolidis Scott Kish Joseph Schmitt Carlos Portu Excused: Steve Hruby, Chair ALSO PRESENT: Cormac Giblin – Housing & Grants Development Manager Barbetta Hutchinson, Operations Coordinator – CHS Jason Rummer – Operations Analyst – Public Services OTHERS PRESENT: Jean Kungle; George Danz; Carol Hollander; Jacob Winge; Jenna Buzzacco-Forester; Gabriela Molina, Clerk of Courts; Hannah Vogel, WINK News; 1. CALL TO ORDER Taylor McLaughlin called the meeting to order at 8:30 A.M. and read the procedures to be observed during the meeting. She led in the Pledge of Allegiance. 2. ROLL CALL – COMMITTEE MEMBERS AND STAFF Eight members were in attendance; therefore, a quorum was established. (Joe Schmitt arrived at 8:40 a.m.) 3. APPROVAL OF AGENDA AND MINUTES a. A motion was made to approve the agenda by John Cowan and was seconded by Litha Berger. The motion passed by a vote of 8-0. b. Mary Waller made a motion to approve the minutes from the meeting of December 4, and John Cowan seconded. The motion passed by a vote of 8-0. 1.A.2 Packet Pg. 14 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2 4. INFORMATIONAL ITEMS NONE. 5. PUBLIC COMMENT 6. DISCUSSION ITEMS AND PRESENTATIONS a. The group interviewed candidates for the open position on the committee of “advocate for low income persons”. By e-mail, Mr. Emens withdrew his name from the running because he felt he was not the best qualified person for this category. He said he would like to be on the committee and would reapply if another position became open. Jenna Forester gave a little of her background working with the Naples Chamber of Commerce. Since affordable housing is the number one item on the Chamber’s agenda, she felt she would be a good choice for membership on the committee. Sheryl Soukup felt she would be a good choice for membership on the committee because she has been a non-profit consultant since 2002, realizes the need and wants to become part of the solution. She said that one of her clients (Youth Haven) is a recipient of grant funds from the county. Carol Hollander works for Providence House which is a private program for single moms. Her background is in finance, real estate and banking. She works with people daily that need affordable housing. Jacob Winge works for a property management firm, is on many boards within the county and would like to represent his age demographic since he knows what it’s like not being able to find affordable housing in Collier County. Barbara Melvin could not attend the meeting, but her application and qualifications were reviewed by the group. Taylor said that Barbara attends almost every AHAC meeting as a member of the public. Each member of the group stated their top two picks, with the results tallied on paper. The top two were Ms. Soukup and Jenna Buzzacco-Forester. The group voted and the vote was 7 for Sheryl Soukup and 2 for Jenna Buzzacco-Forester. Mary Waller motioned to recommend Ms. Soukup for the open position on the committee and Denise Murphy seconded. The group voted 9-0. b. Cormac reviewed the 2018-19 HUD Application Timeline with the group. He told the group the exact funding amount has not yet been released. c. Cormac asked for a volunteer to sit on the Grants review and Ranking Committee this year. Both Taylor and Denise stated that it was a wonderful experience being on the team and recommended that everyone try it. Litha Berger volunteered. Denise volunteered to be a back-up. Mary Waller motioned to accept Litha on the review committee with Denise as the back-up and Denise seconded. The group voted 9-0. updated the group regarding the implementation of the Community Housing Plan. d. Marketing Outreach Plan. Litha told the group that there was an article in the Naples Daily News regarding converting commercial property to residential. She said that it was great publicity for the group. Joe Schmitt stated that he felt it was shallow reporting that pointed to the problems being strictly governmental. He also stated that he felt it was a disservice to the reader. Litha asked what he felt we could do to get better information to the people. He suggested that the editorial staff talk 1.A.2 Packet Pg. 15 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 3 to developers to see if the idea was economically feasible, communicate that increased density is the solution and someone should set-up a meeting with the editorial board at the paper and give them specific facts. A central housing informational website was discussed and Cormac said that the County Manager gave direction to move forward with a request to the Board to initiate this project. Public education was discussed and the committee stated their desire to get the public on board with what affordable housing could look like here. Just because it’s affordable doesn’t mean it has to be unattractive. The group wanted the “Yes – in my back yard!” campaign here as well. 7. ADJOURN a. There being no further business for the good of the County, the meeting was adjourned at 9:52 a.m. after being motioned by Carlos Portu, seconded by John Cowan and having a final vote of 9- 0. NEXT MEETING: FEBRUARY 5, 2018 AT 8:00 A.M. Location: 5th Floor Training Room, Administration (Building F) located at 3299 Tamiami Trail East. COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE _________________________________ Stephen Hruby, Chairman The foregoing Minutes were approved by Committee Chair on ______________________, 2018, “as submitted” [__] OR “as amended” [__]. 1.A.2 Packet Pg. 16 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, #18-7295 1 REQUEST FOR INFORMATION Date: January 18, 2018 Subject: Request for Information #18-7295 Development of Housing that is Affordable on Collier County Owned Land To: Interested Firms From: Swainson Hall, Procurement Manager - Acquisitions Collier County Board of County Commissioners Procurement Services Division 3295 Tamiami Trail East, Naples, Florida 34112 Phone: (239) 252-8935 Fax: (239) 252-6334 swainsonhall@colliergov.net Overview: The Collier County Board of County Commissioners’ Procurement Services Division, (the “County”) is issuing the following Request for Information (RFI) in order to gather input from the marketplace regarding potential interest in developing housing that is affordable on two specific county-owned properties. It is the County’s intent to develop a Request for Proposal (RFP) or invite vendors to negotiate based on the information gathered. Enclosed, the vendor will find an outline of the requested information. The County respectfully requests that vendors, at a minimum, provide responses to the specifications listed under the “Information to Provide” subsection and examples, if possible. Information provided as a result of this RFI is subject to the State of Florida public records law. RFI’s can be submitted electronically on the Collier County Purchasing Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. All questions regarding this RFI must be submitted online on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. All responses to questions will be posted on the website with electronic notification to all prospective vendors. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. Thank you in advance for your time and consideration. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman Jr. Director, Procurement Services Division 1.A.2 Packet Pg. 17 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, #18-7295 2 I. Purpose Vendors are invited to respond to this RFI outlining their potential interest in developing housing that is affordable on two specific county-owned properties, taking into account that the County is open to hearing from interested parties offering different points of view on the components outlined. This is not a Request for Proposal (RFP) or Invitation to negotiate (ITN) where bidders respond with a specific solution to BOCC specifications including cost. A RFP/ITN process is a separate process with further defined requirements. II. Scope of Services At their December 12, 2017 meeting the Board of County Commissioners directed staff to initiate a Request for Information (RFI) process to gather input from the marketplace regarding potential interest in developing housing that is affordable on two specific county-owned properties. The two properties identified are known as the Bembridge PUD and the Manatee site. Details for each are contained in the following chart. Property Folio# Acreage Bembridge PUD 00400246406 5.11 Manatee Site 00736520003 59.3 Housing that is affordable in Collier County is targeted to households earning up to 140% of median income (adjusted for Family size) and does not cost more than 30% of their gross monthly income. The chart below offers some sample guidelines. Category Percentage of Median Income Limit Affordable Rent Affordable For-Sale Single Fam of 1-Bed 2-Bed 3-Bed Single Fam of 4 Very Low 50% $24,400 $34,850 $653 $785 $906 $73,200 $104,550 Low 80% $39,040 $55,760 $1,046 $1,256 $1,450 $87,840 $125,460 Moderate 120% $58,560 $83,640 $1,569 $1,884 $2,175 $175,680 $250,920 Gap 140% $70,272 $100,36 $1,830 $2,198 $2,537 $210,820 $300,000 Recent studies identify priority needs in Collier County for rental housing and senior housing, both at the 80% or less of median income in Collier County. This RFI asks that the market describe their best approaches to meeting the County’s need for housing that is affordable whether it be through an affordable rental development, a senior housing project, entry level owner-occupied units, the co-location of housing and other County or public uses, or any other approach the market deems appropriate. Each of the sites may have different approaches and outcomes. Successful respondents should include a description of their proposed project team, successes on past similar projects, high-level conceptual descriptions of their proposed approach(es) for each property, and a description of any additional incentives, programs, or funding needed to accomplish the Board’s desired results. 1.A.2 Packet Pg. 18 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, #18-7295 3 III. Information to Provide 1. A signed transmittal letter on the Vendor’s letterhead shall include all company and contact information. 2. High level approach to developing housing that is affordable on these two County owned properties (The County is open to reviewing any possible approach; there are no specific solutions pre-selected. 3. Provide comments, feedback, and reactions related to a project of this magnitude. 1.A.2 Packet Pg. 19 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, I75 Tamiami TRL E Davis BLVD Radio RD Collier BLVDPine Ridge RD LIVINGSTON RDGolden Gate PKWY Santa Barbara BLVDGreen BLVD AIRPORT PULLING RD NRattlesnake Hammock RDCounty Barn RDThomasson DRAIRPORT PULLING RD STa mia mi T R L E Collier BLVDI75County-owned properties suitable for affordable housing 0 1 20.5 Miles Legend Major Roads Properties Physical County Boundary . Bembridge PUD Manatee Site 1.A.2 Packet Pg. 20 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Page 1 Memorandum To: Steve Carnell, Public Services Department Head From: Cormac Giblin, Housing & Grant Development Manager Community and Human Services Division Date: January 26, 2018 Subject: Community Housing Plan – Read Ahead Implementation Part 1 (2/27/18 BCC) CC: Kim Grant, Director Community and Human Services In advance of our 1/30/18 meeting please find attached the packet of items that are proposed to go to the BCC at their 2/27/18 meeting. These items represent 7 of the roughly 20 individual recommendations included in the Community Housing Plan. A)Adopt New Definition of Affordable Housing – Housing Affordability: The attached new definition of Affordable Housing both simplifies the definition and also recognizes unrestricted housing that may be presently affordable due to market conditions. B)Adopt new Housing Demand Methodology: Clarifies demand and supply at various income levels, uses real-time inventory availability and concept of Cost Burdened. C)Advocate for full funding of the Sadowski Housing Trust Fund for SHIP and other housing funding: Increases available resources for addressing housing issues. D)Adopt a policy to address housing that is affordable in future public land acquisitions. E)Amend the Affordable Housing Density Bonus (AHDB) program: Seeks direction for LDC & GMP amendments to increase program use by increasing the available density bonus from 8 units/acres to 12 units per acer, stays within the County’s current maximum of 16 units/ acre. F)Create a concurrent zoning review/approval process to reduce the cost of affordable housing construction, expedite new housing and shorten the overall process. G)Seek direction to amend the Impact Fee Relief program (Increase rental deferrals to 20yrs and Increase from 3% to 5% of prior year’s collections).DRAFT1.A.2 Packet Pg. 21 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Page 2 Still under development are a streamlined process for commercial to residential conversions (direction for a comp plan amendment to allow the rezoning through regulations for housing that is affordable) as well as development of guidelines to incentivize mixed income residential housing in future and redeveloped activity centers (reduced transportation impact fees, increased densities). These recommendations will be better discussed with the next set of CHP recommendations go the BCC, scheduled for April. The draft schedule for the CHP remaining recommendations is: April 10 BCC Mtg • Modify the Housing Trust Fund and seek direction to bring back specific funding recommendations • Commission a nexus study and direct staff to advertise Linkage Fee Ordinance • Develop a marketing & communications plan and expand educational programs including community partners and funding. • Partner with a local nonprofit organization on the creation of a Community Land Trust and provide financial assistance of $100,000 for the first two years. June 12 BCC Mtg • Direct staff to advertise Mixed Income Housing Ordinance • Provide administrative approvals of certain affordable housing applications (including senior housing) • Develop a process to allow for increased density in Strategic Opportunity Sites • Provide an increase in density in the Community Redevelopment Agency (CRA) areas and along transit corridors • Explore other zoning incentives (tiny homes/ alternative building methods, Floor Area Ratio for affordable nursing homes, etc. Already completed is the recommendation to release an RFI for the Development of Housing that is affordable in two County-Owned parcels (Bembridge PUD and Manatee Site). The RFI was release Jan 18th and is due back February 9th. Hard copies of proposed items A-G will be prepared and brought to the meeting on January 30th. Let me know if you have any questions. DRAFT1.A.2 Packet Pg. 22 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, EXECUTIVE SUMMARY Recommendation to begin implementation of the Community Housing Plan through 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, (7) provide staff direction on suggested amendments to the Consolidated Impact Fee Ordinance, and provide direction to Growth Management Department 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 Collier County Board of County Commissioners 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 needed to reframe its view of housing to better meet 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 Community Housing Plan (CHP) and staff has initiated an implementation schedule. This request is the first of a series of implementation actions to be presented to the Board. DRAFT1.A.2 Packet Pg. 23 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Specific recommendations in this set include: (A) a new definition of Affordable Housing that both simplifies and also recognizes unrestricted housing that may be presently affordable due to market conditions, (B) a new Housing Demand Methodology to clarify the demand and supply at various income levels, (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, (D) a policy to consider housing affordability in all future public land acquisitions, (E) an amendment to Affordable Housing Density Bonus program to encourage more program use, (F) an amendment to the expedited review/fast tracking procedures to shorten the overall process, and (G) an amendment to the Consolidated Impact Fee Ordinance to reflect current best practices. Details of the proposed recommendations are attached as Exhibits A-G. 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/or co-location in future land acquisitions may reduce 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: 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, (7) amendments to the Consolidated Impact Fee Ordinance, and provide direction to Growth Management staff to advertise and initiate ordinance, Land Development Code and Growth Management Plan amendments to implement these strategies. Prepared By: Susan Golden, AICP – Senior Grants and Housing Coordinator; Community and Human Services Division DRAFT1.A.2 Packet Pg. 24 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 25 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 26 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 DRAFT1.A.2 Packet Pg. 27 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 28 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 DRAFT1.A.2 Packet Pg. 29 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 30 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 31 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 DRAFT1.A.2 Packet Pg. 32 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 their 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 DRAFT1.A.2 Packet Pg. 33 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 34 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit C 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 current and future state and federal legislation, as identified by county staff or lobbyist, 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 o f February 2018. DRAFT1.A.2 Packet Pg. 35 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit C 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 DRAFT1.A.2 Packet Pg. 36 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit D 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA DRAFT1.A.2 Packet Pg. 37 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit D By:________________________ By:_________________________________ , Deputy Clerk ANDREW SOLIS, CHAIRMAN Approved as to form and legal sufficiency: ___________________________ Jennifer Belpedio Assistant County Attorney DRAFT1.A.2 Packet Pg. 38 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 39 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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.Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). ii.Low income households (one bedroom, two bedrooms, or three bedrooms or more). iii.Very low-income households (one bedroom, two bedrooms, or three bedrooms or more). iv.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 madeDRAFT 1.A.2 Packet Pg. 40 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Page 3 Exhibit E 1 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 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 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.DRAFT1.A.2 Packet Pg. 41 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 DRAFT1.A.2 Packet Pg. 42 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 DRAFT1.A.2 Packet Pg. 43 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 44 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. DRAFT1.A.2 Packet Pg. 45 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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 family 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 family 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. DRAFT1.A.2 Packet Pg. 46 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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) DRAFT1.A.2 Packet Pg. 47 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 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. 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-Workforce 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 DRAFT1.A.2 Packet Pg. 48 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit F Page 1 of 7 RESOLUTION NO. 07 18 -– 176 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2005- 4082007-176, AMENDING THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE-WORKFORCE HOUSING INCLUDING COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM (CWHIP) PROJECTS. RECITALS WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of workforce affordable housing affordable 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- workforce 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; that the number of new affordable-workforce housing units shall increase by at least fifteen percent of the units approved to be built in the County per year, but not less than 1000 units per year averaged over a five-year period in an effort to continue meeting the current and future housing needs of legal residents with very- low, low and moderate incomes, including households with special needs such as rural and farmworker housing in rural Collier County; and DRAFT1.A.2 Packet Pg. 49 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit F Page 2 of 7 WHEREAS, in order to address the housing needs of low, and moderate, and gap income persons by encouraging the more efficient production of affordable-workforce 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 of affordable- workforce 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 20052007-408 176 adopted as its policy, specific procedures for expediting the review of development orders for affordable-workforce housing and Community Workforce Housing Innovation Program qualified projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to extend improve the benefit to providers of affordable-workforce housing serving families with 150%140% or below median household income levels, and to make the program consistent with other affordable-workforce 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 20052007-408176. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable-workforce housing and Community Workforce Housing Innovation Program 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-workforce housing and Community Workforce Housing Innovation Program (CWHIP) so as to create more affordable- workforce 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 DRAFT1.A.2 Packet Pg. 50 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit F Page 3 of 7 not qualify for affordable-workforce housing or CWHIP expedited review status. 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- workforce housing and/or construct housing through CWHIP that has been endorsed by the Collier County Board of County Commissioners. 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 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-workforce housing project that contains a minimum of twenty percent (20%) of the total number of approved units as approved affordable-workforce housing in the 150140% or below of household medium income category of which a minimum of thirty percent (30%) of the affordable-workforce housing product is in the 80% or below medium household income category for Collier County; and 3. Include a certificate issued by the Collier County Housing and Human Services DepartmentCommunity 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-Workforce Housing and CWHIP Expedited Review Procedures. 1. Affordable-workforce housing and/or CWHIP expedited 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 DRAFT1.A.2 Packet Pg. 51 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit F Page 4 of 7 or agents must attend a qualification meeting with Collier County Housing and Human ServicesCommunity 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-Workforce Housing and CWHIP 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-workforce housing and CWHIP expedited review Development Order Application. Once qualified, an application for a development order, including an approved copy of the certificate of affordable-workforce housing for expedited review issued by Collier County Housing and Human ServicesCommunity 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-workforce housing and CWHIP expedited review time line for application sufficiency. Complete development order application submittal packages, once time-stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department Growth Management Department, will receive an expedited sufficiency review as set forth below. a. The Department of Zoning and Land Development Review, or the Building Review and PermittingGrowth Management Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. 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 DRAFT1.A.2 Packet Pg. 52 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit F Page 5 of 7 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 Department of Zoning and Land Development Review, and/or Building Review and Permitting Department will determine an application package to be "complete" or "incomplete" at the time of submittal. 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" or "CWHIP" project 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". a. Expedited review times for affordable-workforce housing and CWHIP 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 insure 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 twenty fifteen (2015) 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. DRAFT1.A.2 Packet Pg. 53 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit F Page 6 of 7 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 and/or CWHlP 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. Exception: Should an Environmental Impact Statement (EIS) be required for an affordable-housing or CWHlP project, a twenty (20) business day review time will be allowed for the Environmental staff review in lieu of the fifteen (15) or seven (7) business day review times noted in paragraph 5.a. above as well as impact the complete project review timeframes noted in paragraph 5.b. above. 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 three twice (3) times 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 application to proceed to public hearings. f. Once all departments have completed their 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-workforce housing and CWHIP 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 DRAFT1.A.2 Packet Pg. 54 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit F Page 7 of 7 within the twenty fiftreen (2015) business days as outlined in paragraph5.b. above, the County cannot guarantee first priority scheduling. D. Applicant Requirements. Partnership Agreement. The applicant shall sign and enter into a "Partnership Agreement" with Collier County in order to participate in the expedited review program and agree to the terms requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. This Resolution adopted after motion, second, and majority vote this ________ day of February, 2018. ATTEST: DWIGHT BROCK, BOARD OF COUNTY COMMISSIONERS CLERK COLLIER COUNTY FLORIDA ____________________________ _________________________________ Approved for Legal Form: _______________________ DRAFT1.A.2 Packet Pg. 55 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, 2018) Exhibit G ARTICLE IV. - AFFORDABLE HOUSING IMPACT FEE DEFERRAL[2] Footnotes: --- (2) --- Editor's note— Section 4 of Ord. No. 2005-40 renamed art. IV to read as herein set out. Formerly, art. IV was entitled "Affordable Housing Impact Fee Waiver or Deferral." Sec. 74-401. - Impact fee deferral. (a) Applicability. (1) Pursuant to the requirements established in this section and article IV, the county shall defer the payment of the impact fee for any new owner-occupied or rental development unit which qualifies as affordable housing under this article. (2) Any person seeking an affordable housing deferral for proposed development shall file with the county manager an application for deferral, prior to receiving a building permit for the proposed development or after receiving a building permit for those permits issued between June 23, 2015 and June 23, 2016. .The application for deferral shall contain the following: a. The name and address of the applicant; b. An up to date, complete legal description of the site upon which the development unit(s) is/are proposed to be located; c. The maximum income level of the proposed owner or tenant, or if the owner is a developer or builder, the income level of the household to which the dwelling unit it is to be sold or provided for occupancy; d. The square footage and number of bedrooms in each dwelling unit of the development. (3) If the proposed development meets the requirements for an affordable housing deferral as set forth in this article, the county manager may, but is not required to, enter into an impact fee deferral agreement and is authorized to execute such deferral agreements along with any corresponding tri-party agreement intended to further define repayment obligations, as may be applicable, with the owner or applicant. The impact fee deferral agreement shall be accepted by the county in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. (4) Unless specifically provided to the contrary by majority action of the board, such as by an agreement or condition of development, water and sewer impact fees are fully exempt from all rental and CWHIP impact fee deferral programs. (b) Qualifying owner-occupied dwelling. To qualify for an affordable housing impact fee deferral, an owner-occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling unit must have a very low, low, or moderate, or gap income level, at the time of final execution by the county of a deferral agreement as those income level terms are defined in section 74-402. (2) The monthly mortgage payment, including taxes and insurance, must not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the applicable household category as indicated in section 74-702402. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. Commented [G1]: Water and Sewer Dept objected in past DRAFT1.A.2 Packet Pg. 56 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit G (3) A dwelling unit shall qualify as "owner-occupied" if: a. a written affirmation from the developer to the county guarantees that the requisite affordable housing units will be constructed, and b. the affirmation is in effect at the date of execution of the impact fee deferral agreement by the county, and c. within six months from the date of issuance of the certificate of occupancy or the execution of the affirmation, whichever is later, any option to purchase is exercised and the qualifying purchaser takes ownership of the dwelling unit. The county manager is authorized to execute and record a release of developer lien and transfer of lien to buyer agreement. (4) If the qualifying purchaser fails to purchase the dwelling unit within the six-month period, then: a. the deferred impact fee is considered in default as of the date that the fee would have been due without the deferral; and b. the applicant shall pay all of the impact fees, including delinquency fees and interest dating back to the date that the fees would have been assessed but for the deferral as provided in section 74-501401. (5) The owner, or if there is more than one owner, both of the owners, must be a first-time home buyer. To qualify as a first-time home buyer, the owner must not have had an ownership interest in his/her primary residence in the past three years. (6) The dwelling unit must be the homestead of the owner(s). The owner(s) of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States or be a legal alien who permanently resides in the United States. Proof of United States Citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to Chapter 196, Florida Statutes. (7) No more than 50 deferral agreements are permitted at any single time for an individual developer, or for any developments that are under common ownership. For purposes of this subsection, "common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association. (c) Qualifying rental and community workforce housing innovation pilot program (CWHIP) dwellings. (1) To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: a. The household renting the dwelling unit, including any multifamily dwelling unit, must have an extremely low, very low, or low, or moderate income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in section 74-402. b. The dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States or be a legal alien who permanently resides in the United States. c. In no instance shall rental limits exceed the rental limits established by the Florida Housing Finance Corporation for rents adjusted to bedroom size in projects assisted under the, Florida Housing Finance Corporation or any other local, state, or federal agency, based on unit size. (2) To qualify for an impact fee deferral, a CWHIP dwelling must meet all of the following criteria: a. The residential development must meet all requirements pursuant to F.S. § 420.5095, (the "Community Workforce Housing Innovation Pilot Program"), as amended; be designated by the board of county commissioners as a CWHIP project for Collier County; and be approved and awarded CWHIP funds by the State of Florida. DRAFT1.A.2 Packet Pg. 57 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit G b. For owner-occupied CWHIP dwellings, the owner(s) of the dwelling unit must be at least 18 years of age and must be either citizen(s) of the United States, or be a legal alien who permanently resides in the United States. Proof of United States citizenship or permanent legal residency must be established to the county's sole satisfaction. The dwelling unit must be granted a homestead tax exemption pursuant to F.S. ch. 196. c. For rental CWHIP dwellings, the dwelling unit must be and must remain the household's permanent residence. The head of the household must be at least 18 years of age and must be either a citizen of the United States, or be a legal alien who permanently resides in the United States. (d) Repayment for owner-occupied units. (1) All impact fees deferred for owner-occupied dwelling units shall become due and payable and shall be immediately paid in full to the county upon: a. The sale of the dwelling; or b. Refinancing of the purchase mortgage or loans secured by senior real property security instruments; or c. A loss of the homestead exemption under Section 4, Article X of the State Constitution. d. The first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the county not later then the closing of the sale, or not later then the effective date of the transfer. (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent per annum, but no event shall it exceed 25 percent of the total fee amount. (3) Notwithstanding anything in this subsection (d)(1) of this section 74-401, the director of the financial administration and housing department of community development and environmental services division Community and Human Services Division of the Public Services Department may waive the triggering of the obligation to pay deferred impact fees due to a refinancing if the director determines that the refinancing is for improvements or repairs to the dwelling that will enhance the value of the dwelling, and is of such a nature as not to justify that the deferred impact fees should become due and payable because of the sale, transfer, or refinancing. (e) Repayment for rental and community workforce housing innovation pilot program (CWHIP) dwelling units. Deferred impact fees for rental dwelling units, including any multifamily dwelling units, single- family detached houses, modular homes (also known as residential manufactured buildings) and mobile homes (also known as manufactured homes) as defined in section 74-108 of this chapter, and community workforce housing innovation pilot program (CWHIP) dwelling units, shall in all events be due and payable not later than ten years after the execution of the impact fee deferral agreement by the county, unless otherwise extended by the board of county commissioners. Such fees shall be accelerated and automatically be due and payable prior to that time period if there is any breach of the subject impact fee deferral agreement by the noncounty party. For CWHIP units, the residential development must at all times continue to meet all requirements of F.S. § 420.5095, (the "Community Workforce Housing Innovation Pilot Program"), as amended, throughout the deferral period, failing which the lien shall become immediately due and payable and shall thereafter generate interest at the statutory judgment rate set forth in F.S. § 55.03, as amended. (f) Repayment obligations. (1) Generally. The impact fees deferred shall be a lien on the property until all requirements under this article and the agreement have been satisfied. (2) Rentals. a. Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi-family dwelling unit, shall provide to the county manager an affidavit of compliance with the criteria set forth in this section. The affidavit must be filed within 30 days of the anniversary DRAFT1.A.2 Packet Pg. 58 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit G date of the issuance of a certificate of occupancy, or at another mutually agreed on date. If the affidavit is not filed on time the affiant shall pay to the county a $50.00 late fee. b. If the income of any unit renter which originally qualified as very low, or low, or moderate income level as defined in section 74-402, below, exceeds the standards set forth in subsection (c) by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing standards set forth in this section. Developments which are then monitored by the Florida Housing Finance Corporation, or any other state or federal agency, will not be required to file this separate affidavit of compliance with the county manager. The applicant shall provide a true copy of these monitoring reports to the County Department of Financial Administration and Housing Community and Human Services Division. (3) Owner-occupied dwelling units. If the household income of the qualified owner-occupied dwelling unit rises above the standards for deferrals set forth in subsection (b) of this section, the owner shall maintain the deferral. Notwithstanding the foregoing, all outstanding impact fees deferred shall be paid in full upon sale or transfer of the dwelling unit. (g) Deferral agreements. The owner receiving an impact fee deferral shall enter into a deferral agreement of impact fee agreement with the county. A separate deferral agreement shall be executed for each qualifying owner-occupied dwelling or qualifying rental dwelling development. While applicants are required to enter into a deferral agreement in order to receive a deferral of impact fees, nothing in this section requires the county to enter into a deferral agreements. The deferral agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the dwelling unit. (2) Where an impact fee deferral is given to an owner who will be selling or renting the dwelling unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the deferral. (3) For each such owner-occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon sale. For rental units, including any rental multifamily dwelling unit, the impact fees deferred shall in all events be due and payable no later than ten twenty years after the execution by the county of the impact fee deferral agreement. Such fees shall be accelerated and thereby be automatically due and payable prior to that time period if there is any breach in the subject impact fee deferral agreement by the noncounty party. (4) The deferred impact fees shall be a lien on the property. The lien may be foreclosed upon in the event of noncompliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. Such release shall be recorded upon payment in full or completion of terms. Neither the deferred impact fees nor the agreement providing for the deferral of impact fees shall be transferred, assigned, credited or otherwise conveyed from the dwelling unit without approval by the County Manager. The deferrals of impact fees and the agreement thereto shall run with the land. (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (6) In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may at its sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the deferred impact fees are then in default and immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. Commented [G2]: Current legal opinion opines 10yrs DRAFT1.A.2 Packet Pg. 59 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit G (7) The agreement shall be binding upon the owner's successors and assigns. (8) The agreement shall be recorded in the official records of the county at no cost to the county. (h) Ceiling on deferrals. (1) The aggregate amount of owner occupied impact fee deferrals granted per fiscal year pursuant to subsection (b) of this section shall be limited, in total, to an amount not exceeding three five percent of the previous years' total impact fee collections with no rollover of funding. (2) Deferrals shall be available on a first-come, first-served basis. If the requests for deferrals exceed the number of deferrals available, the county manager may allocate deferrals based on the extent to which the deferrals implement the comprehensive plan, or other criteria based on policies and procedures that may be adopted by the board of county commissioners. (3) The county manager shall maintain a tracking system to ensure that the aggregate amount of impact fee deferrals do not exceed the deferral ceilings established in this subsection. (4) The aggregate amount of rental impact fee deferrals granted pursuant to subsection (c) of this section shall be limited, in total, to 225 350 units per fiscal year with no rollover of funding units. (i) Amendments. Any changes or amendments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. (j) Eligible dwelling unit categories. Agreements for the deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: (1) Single-family residences that are fully detached, and either owner-occupied or rental dwelling units, or (2) Owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or (3) Rental (leased) multifamily dwelling units. (4) Rental modular homes that meet, as a minimum, the then current standards of F.S. ch. 553, for homeownership or rental, and that bear the department of community affairs insignia seal certifying that the structure is in compliance with the Florida Manufactured Buildings Act of 1979, as amended or superseded. (5) Rental mobile homes that are constructed to then applicable standards promulgated by the United States Department of Housing and Urban Development (HUD) and that bear a two inch by four inch metal, rectangular red and silver certification label on each section of the home certifying that the home has been inspected in accordance HUD requirements, and that have been constructed in conformance with federal manufactured home construction and safety standards in effect on the date of manufacture. (k) Apartment complexes/multifamily dwelling units. Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an affordable housing rental apartment complex, consisting in whole or part of multifamily dwelling units serving extremely low, very low, and/or low, and/or moderate-income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multifamily dwelling units serving very low, and/or low, and /or moderate-income levels if: (i) all such deferred impact fees are paid on or before the end of ten twenty years from the date such impact fees are deferred; and (ii) the, rental apartment development shall remain affordable housing qualified (under this article) for a minimum of 15 thirty years. (l) Subordination. Impact fee deferrals for all owner-occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee deferrals may also be similarly subordinated in the case of rental dwelling units, but only if the owner provides additional cash equivalent financial instruments which will yield the full amount of the deferred impact fees when they may become due and payable. Commented [G3]: Prior legal opinion opines a 3%-5% range DRAFT1.A.2 Packet Pg. 60 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit G This provision requiring additional security is not applicable to community workforce housing innovation pilot program (CWHIP) projects. (m) Timing of payment. Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of a certificate of occupancy or certificate of completion for the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, the applicant shall first enter into an approved deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; (2) Name of applicant and owner, if different; (3) Number of dwelling units; (4) Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. (n) Certificate of occupancy requirements on filing of affidavit. Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (o) Violations. Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, including payment of delinquency fees and interest. (p) Transitional provisions. The following provisions apply to any impact fee deferrals or reimbursements that were granted prior to August 1, 2005: (1) Any deferral agreement that was executed prior to August 1, 2005, shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral agreement was executed. (2) If reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP) Program funds, payment will be made to the county affordable housing trust fund. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 02-34, § 2, 6-25-02; Ord. No. 02-58, § 1, 11-5-02; Ord. No. 03-25, §§ 2, 3, 5-27-03; Ord. No. 2005-40, § 4; Ord. No. 2006-40, § 4; Ord. No. 07-84, § 1; Ord. No. 2014-04, § 6; Ord. No. 2016-18, § 2; Ord. No. 2016-30, § 1) Sec. 74-402. - Affordable housing definitions. The following sets forth the applicable definitions for affordable housing dwelling units. (a) "Very, veryExtremely low income families" means families whose incomes do not exceed 35 30 percent of the median income for the area, adjusted by family size, as determined by the Secretary of the U.S. Department of Housing and Urban Development. DRAFT1.A.2 Packet Pg. 61 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Exhibit G (b) "Very low income families" means families whose incomes do not exceed 50 percent of the median income for the area, adjusted by family size, as determined by the Secretary of the U.S. Department of Housing and Urban Development. (c) "Low income families" means families whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area, adjusted by family size, as determined by the Secretary of the U.S. Department of Housing and Urban Development. (d) "Moderate income families" means families whose incomes are more than 80 percent but do not exceed 120 percent of the median income for the area, adjusted by family size, as determined by the Secretary of the U.S. Department of Housing and Urban Development. (e) "Gap income families" means families whose incomes are more than 120 percent but do not exceed 140 percent of the median income for the area, adjusted by family size, as determined by the Secretary of the U.S. Department of Housing and Urban Development. (Ord. No. 01-13, § 1, 3-13-01; Ord. No. 02-34, § 3, 6-25-02; Ord. No. 2005-40, § 4) Secs. 74-403—74-500. - Reserved. DRAFT1.A.2 Packet Pg. 62 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, FY 2018-19 HUD Entitlement Grants Application and Action Plan Timeline January 10, 2018 Release Application Online January 24, 2018 Public mtg & TA 3:30-4:30 Golden Gate Comm Center January 31 - Feb 2, 2018 1:1 Required T/A mtgs (3 days) February 20, 2018 Application Deadline @ 3:00 p.m. March 14, 2018 Applications delivered to review committee March 22 - 23, 2018 Review Ranking Committee Interviews & Scoring March 28, 2018 Final projects/activities list approved April 2, 2018 Conditional Approval letters sent to applicants/subrecipients June 26, 2018 BCC Approval of FY 2018-19 Action Plan & Projects/Activities Oct/Nov 2018 Funding becomes Available/ Projects Commence vers. 1/3/2018 1.A.2 Packet Pg. 63 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Memorandum To: Leo Ochs, Jr., County Manager Fr: Cormac J. Giblin, Housing and Grant Development Manager Date: January 29, 2018 CC: Steve Carnell, Public Services Administrator Kim Grant, Community and Human Services Director Re: Collier County Response and Actions to Hurricane Irma Housing Mission Briefing This memo is an attempt to summarize Collier County’s Hurricane Irma housing mission response. With the involvement of so many different departments and agencies, it is difficult to summarize all of Collier County’s hurricane response efforts into a single memo, but I hope to give you an idea of what we have been accomplishing at the Community and Human Services Division. Disaster recovery management is a complicated task involving several local county divisions and departments, state agencies and federal programs. It is important to differentiate disaster response between immediate/crisis needs and long-term recovery needs. Immediate housing needs are typically resolved by FEMA working with our Emergency Management Division. Examples of immediate housing needs are funding for hotel rooms, FEMA trailers, and the Blue Tarp Program. Immediate assistance is usually administered on an “individual” basis with a household applying directly to FEMA or another agency. FEMA and our Emergency Management Division have reported that as of now all of Collier County’s emergency housing needs have been met. Long-term recovery describes the transition from emergency housing back into permeant homes. Examples of long-term recovery projects are the creation of new homes, the rehabilitation of existing homes, and mitigation projects designed to harden homes and other facilities to better withstand the next disaster event. One of the primary funding sources available for long-term recovery projects is CDBG Disaster Recovery funding (CDBG-DR). CDBG-DR funding flows from HUD, through the State, and eventually to the local level. CDBG-DR funds are typically administered on a “project”, or area-wide, basis. Locally, Collier County’s long-term housing recovery mission is assigned to our Community and Human Services Division and its Director, Kim Grant. Assisting Mrs. Grant is Mr. Cormac Giblin, the County’s Housing and Grant Development Manager. Mrs. Grant reports to Steve Carnell the County’s Public Services Administrator, who in turn reports to Leo Ochs the County Manger. DRAFT1.A.2 Packet Pg. 64 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Page 2 of 4 Mrs. Grant’s Community and Human Services Division routinely administers all of the County’s community development grant and affordable housing programs. As many disaster recovery initiatives deal with these same issues, the housing recovery mission is assigned to the Community and Human Services Division. On October 10, 2017, The Board of County Commissioners held a public meeting at which they approved staff’s recommendation to create three new disaster recovery strategies and to allocate all unencumbered SHIP funding to disaster recovery. The funding allocated to these strategies totals over $4.3 million dollars. A brief summary of the strategies approved and funded by the Board is as follows: Disaster Mitigation Strategy: Qualified applicants of owner occupied single family, mobile, or manufactured homes are eligible for up to $15k in the form of a grant for: debris removal, emergency repairs, or property damage that insurance or FEMA is not covering, or to reimburse for insurance deductibles. Funding Allocated: $1,216,617. Housing Rehabilitation Strategy: Qualified applicants of owner occupied single family, multi-family, mobile, or manufactured homes (mobile homes built after 7/13/1994) in need of repairs to correct code violations, health and safety, electrical, plumbing, roof, HVAC, windows or other structural damage are eligible for up to $50k that is not covered by FEMA or insurance. Offers a 15 year, 0% interest rate loan. Funding Allocated: $1,621,000. Demo and Replacement Site Built Mobile/Manufactured home Strategy: Owner occupied properties unable to be rehabilitated may be replaced. May be eligible for up to $75k that is not covered by FEMA or insurance. Offers a 15 year, 0% interest rate loan. Funding Allocated: $1,520,000. From October 11, 2017 through October 18, 2017 the Community and Human Services Division spent over 600 staff hours doing direct program outreach in three satellite offices throughout the Collier County. These locations were in Everglades City, Immokalee, and East Naples. Staff also conducted intake interviews and passed out information door-to-door and through other community groups in these areas. Staff continued to accept Disaster Recovery program applications at the Community and Human Services Main Office until the Governor’s Executive Order declaring our area a disaster expired on November 9, 2017. Staff continues to accept applications for the other Housing Rehabilitation and Mobile/Manufacture Demo and Replacement programs. As of January 15, 2018, the Community and Human Services Division has received 69 applications for the Disaster Mitigation program, 37 for the Owner-Occupied Rehabilitation program, and 33 applications for the Demo and Replacement Site Built Mobile/Manufactured home program from Collier County Residents. DRAFT1.A.2 Packet Pg. 65 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Page 3 of 4 In total, 139 applications have been received. Staff continues to work with applicants and contractor partners to make necessary repairs to housing units At the January 23, 2018 BCC meeting the Board approved a Substantial Amendment to its 2017-18 HUD Action Plan. The Action Plan is a roadmap that, among other things, dictates the use of existing Federal CDBG and HOME grant funding. The amendment reallocated existing funding to three proposed projects that will assist the communities most effected by Hurricane Irma in their long-term recovery. Those three projects are 1) an increase of funds to the Immokalee Fire District to purchase a site on which a new fire department will be built to better handle emergency responses; 2) funding to the Collier County Housing Authority to make needed repairs to homes in Farmworker’s Village that serve as critical affordable housing; and 3) a project to replace a home in Everglades City that was destroyed by the Hurricane. In addition to immediately reallocating available existing funding to meet recovery needs, the Community and Human Services Division has been involved in inter-agency coordination efforts including other State and Federal agencies. On October 26, 2017 staff meet with representatives of Collier County’s Congressional Delegation and toured the areas of Everglades City and Immokalee. During the tours representatives from FEMA, HUD, and congressional staffs discussed the federal disaster response model including authorization and allocation of additional disaster specific grant funding to effected areas. Once allocated by congress, Federal disaster funding is funneled to the existing framework of community development programs through FEMA or HUD. These agencies then make awards to State governments in declared disaster areas. In Florida, the state agency expected to receive the disaster assistance funding is the Department of Economic Opportunity. The DEO will submit a response plan to HUD outlining broad categories of eligible funding use. Each local government then must make application to the DEO for specific projects to be undertaken with the disaster funding. Projects should be based on the County’s unmet need assessment reports. The congressional appropriation of disaster funding for Florida from Hurricane Irma has not yet been released to the state. HUD and the State of Florida have not yet released any funding guidelines or priorities for eligible projects. It is anticipated that the CDBG-DR allocation to Collier County could potentially be millions of dollars. Collier County’s unmet needs assessment group and place-based team meets regularly with the DEO, HUD, and FEMA to develop a formal needs assessment for implementation of proposed recovery projects. As funding guidelines and amounts are released for Collier County the CHS Division will begin a series of community outreach meetings to solicit input from the most damaged communities. With the team and coordination in place, Collier County will be ready to tap into federal disaster funds once they are made available. DRAFT1.A.2 Packet Pg. 66 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5, Page 4 of 4 As of now the regulations have not been issued with respect to specific programs and types of assistance that will be available. Since the Hurricane, staff has also coordinated with many non-profit or governmental agencies providing disaster response. Some of those involved include: • The US Department of HUD for Grant availability and project coordination • FEMA for Temporary Housing Assistance and intake sites • The National Guard for food distribution • Parks and Recreation Division for space/ sheltering • The Army Corps of Engineers Blue Tarps Program • Code Enforcement Division distribution of Food, and Damage Assessment • Immokalee Library to Create a Hurricane Recovery Page on the website • World Vision to form an Unmet needs group • Emergency Management Division for Debris Cleanup • Collier County Communications Department for distribution of PSAs The Immokalee Unmet Needs Coalition organized themselves with the mission to: “Help disaster survivors address serious, disaster-related needs that cannot or have not been met thought established disaster relief sequence of delivery, by matching those needs with available resources.” To accomplish that mission, they have formed several subcommittees that include: 1. Needs Assessment 2. Case Management 3. Resource 4. Directory/Communication 5. Distribution Center 6. Volunteer Management 7. Housing Task Force 8. Spiritual & Emotional Care The subcommittees, as well as the larger coalition continue to meet regularly, and CHS staff is attending regularly. Staff has also become aware of a similar group organized in Everglades City will be reaching out to this group as well. As I mentioned, it is hard to summarize all of the moving pieces of Collier County’s Hurricane Recovery Response into a single memo or letter. The long-term recovery phase of Collier County’s disaster response will take time, and patience is requested. Collier County is currently, or will be, plugging into all programs that are deemed appropriate and we welcome continued public input and ideas. DRAFT1.A.2 Packet Pg. 67 Attachment: Affordable Housing Advisory Committee Agenda - February 5, 2018 (4953 : Affordable Housing Advisory Committee - February 5,