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Agenda 12/11/2012 Item #16D1512/11/2012 Item 16.D.15. EXECUTIVE SUMMARY Recommendation to accept receipt of the 2012 Incentive Review and Recommendations report prior to December 31, 2012, as required by Section 420.9076(4), Florida Statutes, State housing Initiatives Partnership Program (SHIP). OBJECTIVE: Comply with Section 420.9076, Florida Statutes and provide a triennial incentive report to the BCC for consideration. CONSIDERATIONS: Section 420.9076(4) of Florida Statutes requires local governments participating in the State Housing Initiatives Partnership Program (SHIP) to prepare a report every three years that reviews established policies, procedures, ordinances, land development regulations and the local Comprehensive Plan. At a minimum, the advisory committee submits a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives. The report being submitted is a joint effort between County staff and the Affordable Housing Advisory Committee (AHAC). The AHAC must include recommendations on and evaluate the implementation of incentives for eleven distinct areas. Incentives were discussed in the following areas: (1) Expedited Permitting; (2) Impact Fee Waivers or Modification; (3) Density Flexibility; (4) Reservation of Infrastructure; (5) Accessory Dwelling Units; (6) Parking and Setbacks; (7) Flexible Lot Configurations; (8) Street Requirements; (9) Oversight; (10) Land Bank Inventory; (11) Proximity; At the October 1, 2012 AHAC meeting, an agenda item was heard to discuss the required report Following discussion, the Committee voted to establish a subcommittee to begin work on the report. The subcommittee held various meetings and worked with staff from Transportation, Impact Fee, Comprehensive Planning, Building Review & Permitting and Zoning & Land Development departments. In addition, a representative from the Florida Housing Coalition (FHC) provided an overview to the committee of the general duties of the AHAC and provided technical assistance to the housing staff and committee during the review and completion process of the report. The Collier County 2012 Incentive Review and Recommendation report was presented at a public hearing to the full membership of the AHAC on November 5, 2012. There were no written public comments received, however a public comment was made during the meeting which was transcribed in the meeting minutes that are included as backup to this item. The AHAC voted to accept the Incentive Report with minor amendments to three current incentives and recommendations for Board consideration. At this time, no Board action is requested. An item will be taken to the Board within 90 days from Report submittal to take action on the recommendations and amend the Local Housing Assistance Plan to include the adopted incentives. The item will include a proposed Resolution to adopt these incentives and amend the Local Housing Assistance Plan. �1 Packet Page -3462- 2/11/2012 Item 16.D.15. At a minimum, Section 420.9071(16), Florida Statutes requires SHIP participating local governments to adopt two incentives; 1) a process assuring that permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects and 2) to ongoing process for review of local policies, ordinances, regulations, and plan provisions that increose the cost of housing prior to their adoption; and a schedule for implementing the incentive strategies. Collier County currently complies with this requirement. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: Collier County received the minimum allocation under the SHIP Program. Section 420.9074(4) (k) states that local governments that receive the minimum allocation under the SHIP Program may elect to not perform the triennial review. The County's technical advisor recommends that the County perform the three year review in the event that w* receive more than the minimum allocation in the near future. This item is legally sufficient and requires a majority vote for Board action. - JBW GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To accept receipt of the 2012 Incentive Review and ftcommendations report prior to December 31, 2012, as required by Section 420.9076(4), Florida Statutes, SHIP Program. Prepared By: Kristi Sonntag, Federal/State Grant Manager; Housing, Human and Veteran Services 111 /01-IN Packet Page -3463- 12/11/2012 Item 16.D.15. '~ COLLIER COUNTY Board of County Commissioners Item Number: 16.D.15. Item Summary: Recommendation to accept receipt of the 2012 Incentive Review and Recommendations report prior to December 31, 2012, as required by Section 420.9076(4), Florida Statutes, State Housing Initiatives Partnership Program (SHIP). Meeting Date: 12/11/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 11 /9/2012 4:13:44 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 11/9/2012 4:13:47 PM Approved By Name: SonntagKristi Date: 11/12/2012 7:57:31 PM Name: LarsenKathleen Date: 11/13/2012 9:58:02 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 11/13/2012 8:51:41 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 11/14/2012 2:08:01 PM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Packet Page -3464- 12/11/2012 Item 16.D.15. Date: 11/14/2012 2:55:18 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 11/15/2012 8:24:27 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 11/16/2012 11:47:24 AM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 11/19/2012 9:17:19 AM Name: KlatzkowJeff Title: County Attorney Date: 11/19/2012 2:53:22 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/20/2012 9:07:00 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 11/27/2012 4:58:39 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/30/2012 9:39:54 AM Packet Page -3465- 12/11/2012 Item 16.D.15. 2012 Incentive Review and Recommendation Report Prepare by: Public Services Division, Housing, Human & Veteran Services Department & The Affordable Housing Advisory Committee Collier County, Florida Affordable Housing Advisory Committee (AHAC) Members Stephen Hruby, Chairman, Representing residential home building industry Christian Davis, Vice - Chair, Representing the banking or mortgage industry John Cowan, Representing not - for - profit provider of affordable housing Patricia Fortune, Representing for- profit provider of affordable housing Clyde Quinby, Representing real estate professional Alan Hamisch, Representing low- income persons Raymond Cabral, Representing essential services personnel Vacant, Representing those involved in labor of home building Vacant, Representing local planning agency Vacant, Representing employers Vacant, Residing within jurisdiction Vacant, Alternate Packet Page -3466- 12/11/2012 Item 16.D.15. Incentives & Recommendations a. Incentive: Expedited Permitting — The processing of approvals of development orders or permits, as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing projects is expedited to a greater degree than other projects. Current Incentive: Permits as defined in ss. 163.3164(7) and (8), Fla. Stat. for affordable housing projects are expedited to a greater degree than other projects. Review Synopsis: The committee reviewed and discussed the current resolution governing Expedited Permitting in Collier County. The committee noted the following: In 2010 -2011, Collier County refined the building permit process and performance measures were developed to facilitate the expedited performance and allow the county to closely monitor its performance and adherence to this policy. The current permit process is review within 5, 10, or 15 days for various permit types, or a portion of the permit fee will be refunded. Development projects are given priority for processing. Developers in the community are aware of the process through public meetings. The committee concluded that the current Expedited Permitting process is sufficient and is adequately expediting the review of development orders and permits for affordable housing projects. The committee notes that while the process is currently operating as intended, an increase in development review requests may increase processing times and cause undesired delays. One possible solution the County may consider is using third -party permit reviewers. The cost to employ the third party reviewer would be paid by the agency seeking approval and the County would implement random auditing to ensure program compliance. Committee Recommendation: The current building permit process is 5, 10, 15 days. The committee recommends providing for single family permits using state or federal funds be moved to the top of the permitting process (i.e. receive priority). The committee considers the program to be operating as intended and the incentive effectively benefiting providers of affordable housing. In preparation of a future increase in expedited permitting requests, the committee recommends the County begin research on the use of third -party reviewers. Amended Incentive: Collier County expedites permits as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing projects; follow the 5, 10, 15 day processing assigning a higher priority to single family affordable housing . Affordable housing will be identified as those projects assisted with state or federal housing funds. M--- -1 _r 4A Packet Page -3467- 12/11/2012 Item 16.D.15. Board Action: b. Incentive: Impact Fee Waivers and Modifications — The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Current Incentive: Individuals or organizations constructing new affordable housing units to benefit very low- and low- income persons and households are eligible for the deferral of impact fees. Review Synopsis: Collier County Resolution No. 2008 -97, provided Board of County Commissioner direction on restricting the use of the remaining funds for deferral of County Impact Fee for single family homeowners who occupied affordable housing units. The County has suspended the program. Committee Recommendation: The committee recommends exploring options to establish a funding source. Such fund may be used for future deferred impact fees for owner occupied dwelling units. Amended Incentive: No proposed changes at this time. Board Action: c. Incentive: Density Flexibility — The allowance of flexibility in densities for affordable housing. Current Incentive: The developer may request increased density when including a certain percentage of affordable housing in the proposed development. Review Synopsis: The committee reviewed and discussed the current Affordable Housing Density Bonus Program, contained in Ordinance No, 90 -89, now codified by Ordinance No. 04 -41, as Land Development Code (LDC) 2.06.00 et seq, which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. The committee concluded that the current Affordable Housing Density Bonus program lacks the certainty developers require when contemplating a new development. The number of allowable units often times is not determined until after the developer has undergone a timely and costly approval process. Under the current process, the public has no certainty that the product resulting from granting such a bonus will be appropriately located, configured and designed to be in compatible with the M--- 111 -C A A Packet Page -3468- 12/11/2012 Item 16.D.15. surrounding area. Finally, the current methodology for determining acceptable ranges of density bonuses is confusing and overly complex. In order to better educate and involve the public in the process, the committee recommends that a Community Planning Process, similar to the current Neighborhood Information Meeting, become a mandatory. prerequisite for any density bonus request. The process should be led by the applicant and monitored by the County with the aim of making a best -case effort in reaching consensus between the community and the developer. The committee recognizes the need for the developer to secure the stakeholders prior to submittal to the county and should include all municipalities, county personnel and community members and neighbors to reach consent. Committee Recommendation: AHAC will continue to work with County staff in reviewing the current Affordable Housing Density Bonus program and the process of a mandatory Community Planning Process. The results will be presented to the Board of County Commissioners at a later date for consideration. Amended Incentive: No proposed changes at this time. Board Action: d. Incentive: Reservation of Infrastructure —The reservation of infrastructure capacity for housing for very -low income persons, low income persons, and moderate income persons. Current Incentive: Not a current incentive. Review Synopsis: Collier County desires, as stated in Policy 2.11 of the Housing Element of the GMP, to "coordinate with local utility providers to ensure that the necessary infrastructure and facilities for new housing developments are in place, consistent with the County's Concurrency Management System ". The committee discussed the need for the reservation of infrastructure and found that an appropriate amount of capacity should be reserved for future affordable housing. The committee acknowledges that a program to reserve infrastructure for future development will require a more detailed study and further consideration. The committee identified that this was not a critical priority however the committee may choose to re -visit as there is current adequate capacity. The committee discussed the need for a linkage between the need for reservation of infrastructure and the annual AUIR tasks. As the annual AUIR monitoring will act as an indicator identifying the need for reservation of infrastructure. Packet Page -3469- 12/11/2012 Item 16.D.15. Committee Recommendation: AHAC will work with County staff in drafting a proposal and report for the reservation of infrastructure to ensure there is sufficient capacity for future development of affordable housing. The proposal and report will be presented to the Board of County Commissioners at a later date for consideration. Proposed Incentive: Committee does not propose an incentive to Reservation of Infrastructure at this time. Board Action: e. Incentive: Accessory Dwelling Units- The allowance of affordable residential units in residential zoning districts. Current Incentive: Not a current incentive. Review Synopsis: The committee discussed the concept of accessory dwelling units and how they may assist in providing safe, decent and affordable housing in Collier County. The allowance of accessory dwelling units would not be appropriate in all areas of Collier County. The committee concluded that the use of these units, sometimes referred to as mother -in -law suites, should be encouraged in areas that have sufficient capacity to support them; new construction developments may provide the best opportunity for inclusion of accessory dwelling units. Further research and discussion is required to determine how the inclusion of an accessory unit would affect density on the subject property. Additionally, the Land Development Code (LDC) and the Comprehensive Plan would have to be examined to identify current policies that would negatively impact or restrict the use of accessory dwelling units. The committee acknowledged that is difficult to evaluate infrastructure needs with accessory dwelling and difficult to determine the impact on roads. However, the committee identifies the potential to collect impact fees on the accessory dwelling. The committee recognizes that this is a best practice across the country. Committee Recommendation: Direct the AHAC to identify areas within Collier County suitable for affordable accessory residential dwelling units. The AHAC would also seek a requirement on accessory dwellings to register address compliance and ensure accountability. The results will be presented to the Board of County Commissioners at a later date for consideration. Proposed Incentive: Committee does not propose an incentive to Accessory Dwelling Units at this time. M--- a ..c An Packet Page -3470- 12/11/2012 Item 16.D.15. Board Action: f. Incentive: Parking and Setbacks —The reduction of parking and setback requirements for affordable housing Current Incentive: Not a current incentive. Review Synopsis: The committee discussed the incentive of reduced parking and setback requirements for affordable housing. It was noted that a reduction in parking requirements in the urban areas, with mass transportation available, may be appropriate. In the rural areas the committee felt that the occupants of affordable housing would have parking needs similar to market rate housing, if not a greater need. Therefore, a reduction in parking requirements may not be an inventive. When considering the potential incentive of a reduction in the parking and set requirements, the committee noted that such a request should be made in the form of a deviation request, rather than a variance request. The committee believes consideration should be given to deviations that further assist with the production of affordable housing so long as the end product's appearance is not significantly affected. Committee Recommendation: Parking and setback are permissible on a case -by -case basis. Deviations occur when the reduction of parking and setback requirements may contain the costs of providing affordable housing. Collier County recognizes the importance of providing affordable housing and has a Planned Unit Development (PUD) approval process that allows a developer to request necessary deviations. The committee also recommends that staff consider an administrative process to allow projects in the process of converting to affordable housing projects, also to allow for a deviation in this requirement to incentivize development. Proposed Incentive: Reductions in parking and setback requirements for affordable housing are considered as deviations in the PUD approval process and variances in the conventional zoning process, on a case by case basis. Board Action: g. Incentive: Flexible Lot Configurations —The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. Current Incentive: Not a current incentive. n,.,..., c . c 4A Packet Page -3471- 12/11/2012 Item 16.D.15. Review Synopsis: Collier County desires, as stated in Policy 2.4 of the Housing Element of the GMP, to "review existing codes and ordinances and amend them as needed to allow for flexible and innovative residential design ". The committee believes that Collier County should continue to evaluate local ordinances and codes to ensure that flexibility in the design is available to those producing affordable housing. The committee encourages the adoption of administrative deviations as a right of option with requirements to enhance the development of flexible lot configurations, while not impacting the health and safety. Committee Recommendation: Flexibility in lot configurations of affordable housing should be evaluated on an on -going case -by -case basis. The committee recommends that the process continues to be embraced by Collier County during the Planned Unit Development (PUD) annual process. Proposed Incentive: Not a proposed incentive; Zero lot configuration requirements for affordable housing are considered as deviations in the PUD approval process and variances in the conventional zoning process, on a case by case basis. Proposed Incentive: Committee does not propose an incentive to Flexible Lot Configurations at this time. Board Action: h. Incentive: Street Requirements —The modification of street requirements for affordable housing. Current Incentive: Not a current incentive. Review Synopsis: Modification of street requirements within affordable housing developments may more easily be encouraged with new construction. The modification of street requirements is addressed in the Collier County Community Character Plan which should continue to be embraced. Committee Recommendation: The modification of street requirements for affordable housing should be embraced. The committee supports an amendment to the land development code to address street width and sidewalk modifications. The committee also recommends a land development code amendment be considered for common deviations and allow this to occur for affordable housing projects without an application process. The modification of street requirements may be appropriate on a case -by -case basis. Collier County recognizes the importance of providing affordable housing and has a Planned Unit Development (PUD) approval process that allows a developer to request necessary deviations. Packet Page -3472- 12/11/2012 Item 16.D.15. Proposed Incentive: Street requirements for affordable housing re considered as deviations in the PUD approval process and variances in the conventional zoning process, on a case by case basis. Board Action: I. Incentive: Oversight (Ongoing) —The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Current Incentive: An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary under fiscal impact. Review Synopsis: Collier County currently has an established process whereby local government, as well as the AHAC, considers, before adoption, policies, procedures, ordinances, regulation or plan provisions that increase the cost of housing. The committee determined the current process is functioning as intended. However, there may be additional opportunities to capture data relevant to providing affordable housing. The committee believes there are current controls in place to ensure adequate oversight of actions which increase the cost providing affordable housing. The committee recommends exploring additional options to capture information that has a financial impact on providing affordable housing. The committee also discussed the participation of its members in the Development Services Advisory Committee to allow for continuity and increased oversight of those policies, procedures and ordinances eta I. effecting affordable housing. The process, by which items are prepared for the BCC Agenda includes a vast approval hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory Committee regularly performs subcommittees to review impediments to affordable housing, as well as new affordable housing incentive. Committee Recommendation: The committee recommends an amendment of the current incentive to include the increase or decrease to affordable housing to be included in the executive summary under fiscal impact. The committee requests the appointment of an AHAC member to the Development Services Advisory Committee to rl)-- . o -9 d n Packet Page -3473- 12/11/2012 Item 16. D.15. allow for continuity and increased oversight of those policies, procedures and ordinances effecting affordable housing. Amended Incentive: Collier County requires all items which have the potential to increase the cost of housing to be prepared and submitted to DSAC for review and presented to the Collier County Board of County Commissioners with the amount of the increase or decrease mentioned in the executive summary under fiscal impact section. The Commissioners shall appoint a member of the AHAC to the DSAC. Board Action: j. Incentive: Land Bank Inventory — The preparation of a printed inventory of locally owned public lands suitable for affordable housing. Current Incentive: Collier County prepares an Inventory of Locally Owned Public Lands Suitable for Affordable Housing every three years. Review Synopsis: Florida Statute 125.379, Disposition of County property for affordable housing, requires the preparation of a printed inventory of locally owned public lands suitable for affordable housing. Collier County has completed this process and maintains a list of locally owned properties. The committee reviewed the incentive and found that the most recent list should be provided to the AHAC on a quarterly basis. Resolution 2007 -172 directs the use of surplus land and directs those funds derived from the sale of such property be placed in the Affordable Housing Trust Fund. Committee Recommendation: The committee recommends that an updated printed inventory of locally owned public lands suitable for affordable housing be provided to the AHAC on an annual basis prior to wide spread distribution to allow for recommendations to further the development of affordable housing in Collier County. . Amended Incentive: Collier County will prepare an annual inventory of all real property owned by Collier County and the Cityof Naples that may be appropriate for use as an affordable housing development. Board Action: k. Incentive: Proximity — The support of development near transportation hubs and major employment centers and mixed -use developments. Current Incentive: Not a current incentive M___ n ..c en Packet Page -3474- 12/11/2012 Item 16.D.15. Review Synopsis: The committee considered the topic of proximity in Collier County and found that the lack of major transportation hubs makes this issue of little significance at this time. However, the committee concluded that consideration should be given to providing affordable housing near transportation when possible. Additionally, the committee concluded that Collier County currently encourages the use of mixed -use developments and locating affordable housing near major employment centers. Permitting greater density when locating affordable housing near major employment centers should be encouraged. Committee Recommendation: The committee recommends that during discussion on density flexibility as discussed in section (c) of this report consideration be given to the proximity of affordable housing to major employment centers, schools and public transportation. The committee would also encourage the review of the density bonus levels in the land development code. Proposed Incentive: Committee does not propose an incentive for Proximity at this time. Board Action: M___ -41% ..s -4^ Packet Page -3475- e E 0 CL 0 0 r t • 0 t s • 12/11/2012 Item 16.D.15. L!s d s 0 E �u u as A 0 S C 1 d i +w S C 3 C; 0 1 0U M � d Packet Page -3476- L!s d s 0 E �u u as A 0 S C 1 d i +w S C 3 C; 12/11/2012 Item 16.D.15. Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News -- --------- ----- ----------------------------------------------------------- CC HOUSING,HUMAN &VETERAN SERV WENDY KLOPF 3339 TAMIAMI E #211 NAPLES FL 34112-5361 REFERENCE: 055465 4500137331 59701989 PUBLIC NOTICENOTICE State of Florida Counties of Collier and Lee Before the undersigned authority, person appeared Lynn Schneider, says that she ser the Order Entry Data Specialist, of the Na Daily News, a daily newspaper published at in Collier County, Florida: distributed in and Lee counties of Florida; that the atta copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naple News is a newspaper published at Naples, i Collier County, Florida, and that the said .newspaper has heretofore been continuously day and has been entered as second class u matter at the post office in Naples, in sa Collier County, Florida, for a period of I next preceding the first publication of th attached copy of advertisement; and affiar further says that he has neither paid nor promised any person, firm or corporation a discount, rebate, commission or refund fox purpose of securing this advertisement fox publication in the said newspaper. PUBLISHED ON: 10/29 AD SPACE: 68 LINE FILED ON: 10/29/12 ----------------------------- - „ - - -- - - -- ------------------------------- 7 --------- Signature of Affiant Sworn to and Subscribed bore Personally known by me I ft CAROL PANJRSrj - MY COMMISSION # EE 45538 ro EXPIRES: 6.,Wd Th.'Plb.,d IPacket Page -3477- - - - - -- - - - - - - --- - - - - - - - - - — — y of /Iur�tr"VIWU20_t- r / — AHAC Statute and Rule Statue 12/11/2012 Item 16.D.15. 420.9075 Adoption of affordable housing incentive strategies; committees. -- (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee to prepare a joint plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the resolution appointing the advisory committee members must provide for 11 committee members and their terms. The committee must include: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for -profit provider of affordable housing. (f) One citizen who is actively engaged as a not- for- profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. 0) One citizen who represents employers within the jurisdiction. Packet Page -3478- 12/11/2012 Item 16.D.15. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. If a county or eligible municipality whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program may elect to appoint an affordable housing advisory committee with fewer than 11 representatives if they are unable to find representatives who meet the criteria of paragraphs (a) -(k). (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7) and (8), for affordable housing projects is expedited to a greater degree than other projects. (b) The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very -low- income persons, low - income persons, and moderate - income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero- lot -line configurations for affordable housing. Packet Page -3479- 12/11/2012 Item 16.D.15. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed -use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the /"N county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)- (k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a. copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing Packet Page -3480- 12/11/2012 Item 16.D.15. assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after receipt of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9072. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. Packet Page -3481- 12/11/2012 Item 16.D.15. RULE 67- 37.010 Local Affordable Housing Advisory Committees and Incentive Strategies. (1) The affordable housing advisory committee, as established in Section 420.9076(3), F.S., must approve the local affordable housing incentive strategy. recommendations at a public hearing by affirmative vote of a majority of the membership of the advisory committee. (2) The affordable housing advisory committee shall evaluate established policies, procedures, ordinances, land development regulations, and the local government comprehensive plan submitted and report to the local government governing board including recommended changes as established in Section 420.9076, F.S. The initial report shall be submitted to the local government governing board by December 31, 2008. After this initial submission, the reports are required to be submitted triennially on December 31 of the year preceding the submission of the local housing assistance plan. For local governments required to submit a local housing assistance plan on May 2, 2010, the report submitted by December 31, 2008 shall constitute the required report for December 31, 2009. (3) The county or eligible municipality shall transmit to the Corporation an electronic copy of the report which has been submitted to the local governing board for consideration by May 2 of the year following the report due date. (4) A county or eligible municipality which does not have an established affordable housing advisory committee shall establish said committee and appoint all required members by June 30, 2008. (5) Local governments that administer the SHIP program under an lnterlocai Agreement as established in Rule 67- 37.011, F.A.C., and have one LHAP may request approval from the Corporation to use the same affordable . housing advisory committee. When one advisory committee is utilized for the local governments participating in an lnterlocal Agreement, the advisory committee shall comply with all requirements for advisory committees as established. in Section 420.9076, F.S., for each of the local governments in the'lnterlocal Agreement separately. Rulemaking Authority 420.9072(9) F.S Law Implemented 420.907, 420.9076 FS History -New 2 -9 -94, 1 -6 -98; Formerly 91- 37.010, Amended 12- 26 -99, Repromulgated 9- 22 -03, Amended 2- 24 -08, 11- 22 -09. Packet Page -3482- 12/11/2012 Item 16.D.15. November 5, 2012 MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEETING Naples, Florida, November 5, 2012 LET IT BE REMEMBERED, the Collier County Affordable Housing Advisory Committee, having conducted business herein, met on this date at 3:00 PM in REGULAR SESSION in Administrative Building "F," 3rd Floor, of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Stephen Hruby Vice Chair: Christian Davis Raymond Cabral John Cowan Patricia Fortune Alan Hamisch Clyde C. Quinby (Excused) Vacancy Vacancy Vacancy Vacancy Vacancy (Alternate) ALSO PRESENT: Kim Grant, Interim Director- Housing, Human & Veteran Services Kristi Sonntag, Manager Federal/State Grants Priscilla Doria, Grants Coordinator Barbetta Hutchinson, Staff Liaison 1 Packet Page -3483- 12/11/2012 Item 16.D.15. November 5, 2012 1. CALL TO ORDER — CHAIRMAN: Chairman Hruby called the meeting to order at 3:07 PM and read the procedures to be observed during the meeting. 2. ROLL CALL: Roll call was taken and a quorum was established. Six voting members were present. 3. AGENDA AND MINUTES: A. Approval of Agenda — November 5, 2012 Mr. Cowan moved to approve the Agenda as submitted Second by Mr. Davis. Motion carried unanimously 6 -0. B. AHAC Meeting Minutes — October 1, 2012 Mr. Cowan moved to approve the Minutes of the October 1, 2012 as presented Second by Mr. Cabral Motion carried unanimously 4 -0. Mr. Davis and Ms. Fortune abstained (Not in attendance at the October 1, 2012) 4. INFORMATIONAL ITEMS: A. Recap of the Report to the Planning Commission Mr. Hruby gave a slide presentation and reported going before the Planning Commission on October 30, 2012. He stated Growth Management is reviewing all of the Elements and Amendments to the Growth Management Plan. The Planning Commission had issues on the proposed language and the proposed procedural changes for the n Housing Element — Objective 1. The Planning Commission wanted a better understanding of what the AHAC was doing and why the AHAC was proposing it prior to submitting their recommendation to the BCC. He reviewed the following: • Housing Element —Objective 1 - Previous Objective based on static fixed metrics - Proposed Objective was processed based • Proposed Methodology - Method for monitoring market trends and the impact on housing affordability - Method for determining extent of need - Have tools necessary to solve the need The same presentation will be made to the BCC on December 11, 2012. 5. PUBLIC COMMENT: (None) 6. DISCUSSION ITEMS/PRESENTATIONS: A. Fiscal Year 2011 -2012 HUD Consolidated Action Plan Evaluation Report (CAPER) Margo Castorena - CAPER, HHVS gave a slide presentation on CAPER FY2011 -12. • This is an end of year report to HUD outlining the performance and outcomes of closed projects and the status of on -going activities. • The Reporting period for this CAPER is October 1, 2011 through September 30, i 2012. • The HUD CAPER will be: - Presented for BCC approval on December 11, 2012. 2 Packet Page -3484- 12/11/2012 Item 16.D.15. November 5, 2012 - Public comment period will be held October 29 through December 11, 2012. - Copies of the CAPER have been distributed to all libraries and posted on the HHVS website. - Ads were placed in the Naples Daily News and in the Immokalee Bulletin to inform the public of the comment period. - Upon approval of the BCC; the CAPER must be received by HUD NLT December 28, 2012. Highlights of the 2011 -2012 - $2,806,710 of CDBG, HOME & ESG funds were added to the entitlement allocation in the reporting period. - $1,352,883.95 was expended on eligible activities during the reporting period. - Timeliness was not achieved due partially to 2- projects; the Eagle Lakes Park and a sidewalk project that did not go forward. - 100% of CDBG funds were used to assist low /moderated individuals - Projects focused on community facilities, rental assistance and public service projects. - Affordable housing outcomes were lower than expected. - La Placita is underway in Immokalee; funds for this project were re- programmed from an East Naples Sidewalk Project. - Legal services to 240 victims of domestic abuse were provided by the Shelter. - Goodwill finished the Roberts Center Renovation in Immokalee. - The David Lawrence Center is closing out its' auxiliary power project. Staff responded to the many questions asked. Staff recommended the approval of the 2011 -2012 CAPER to the BCC submission to HUD. Discussion was made on the process of ranking and funded as the projects are ranked, criteria and census tracks that are low /moderate and the reprogramming project process. Mr. Cabral moved the AHAC recommend the approval of the 2011 -2012 CAPER be submitted to the BCC for their approval and endorsement to HUD. Second by Mr. Cowan. Motion carried unanimously 6 -0. B. 2012 Incentive Review and Recommendations Report Mr. Hruby stated the Subcommittee prepared the 2012 Local Housing Incentive Review and Recommendation Report. Mr. Hamisch stated the AHAC must submit a triennial report that includes recommendations on and evaluates the implementation of incentives within 11 areas; 5- incentives are mandatory. • Expedited Permitting • Impact Fee Waivers or Modification • Density Flexibility ^ • Reservation of Infrastructure • Accessory Dwelling Units 3 Packet Page -3485- 12/11/2012 Item 16.D.15. November 5, 2012 • Parking and Setbacks ^ • Flexible Lot Configurations • Street Requirements • Oversight • Land Bank Inventory • Proximity It was noted the minimum the County must implement Expedited Permitting and Ongoing Review. Staff from the local planning departments worked in conjunction with AHAC, HHVS, guest speaker - Brad Schiffer, AIA and guidance and technical assistance from the Florida Housing Coalition during the preparation stages of the incentive plan. He reported the Current Incentives as: ➢ Expedited Permitting ➢ Ongoing Review Process ➢ Increased Density for Affordable Housing ➢ Inventory of Locally Owned Public Lands suitable for Affordable Housing ➢ Impact Fee Deferral Program for Affordable Housing. (Ordinance 2008 -97 — direction from the BCC on restricting the use of the remaining funds for deferral of County Impact Fees for Affordable Housing.) He recommended the AHAC approve the 2012 Local Housing Incentive Program and Recommendations Report be presented to the BCC on December 11, 2012. 100—N The Committee formed a consensus to review and discuss the Incentives and Recommendations individually. The following clarifications and additional recommendations were made. Staff will do a final edit. a. Expedited Permittinz ➢ Review S yn psis - Add a phrase or sentence to clarify what 5, 10, 15 days process is. ➢ Committee Recommendation — Currently implemented move "Planning and Zoning" paragraph under Review Synopsis. ➢ Proposed Incentive —Amended Procedural recommendations: - Codify 5 -10 -15 are followed - Affordable Housing is top priority - 3rd Party Reviewers b. Impact Fee Waivers and Modifications ➢ Committee Recommendation — Change to Such funds may be used for future deferral impact fees for owner occupied dwelling units. ➢ Amended Incentive —No action at this time. c. Density Flexibility ➢ Proposed Incentive —Change to Amended Incentive: No Change at this time d. Reservation of Infrastructure ➢ Proposed Incentive — Change to Amended Incentive: No Change at this time 4 Packet Page -3486- 12/11/2012 Item 16.D.15. November 5, 2012 e. Accessory Dwelline Units ➢ Proposed Incentive — Change to Amended Incentive: No Change at this time L Parking and Setbacks ➢ Proposed Incentive — Change to Reduction in parking and setback requirements for Affordable Housing are considered as deviations in the PUD approval process and variance in the conventional zoning process on a case by case basis. Public Speaker Marjorie Student - Sterling 2. Flexible Lot Confieurations ➢ Proposed Incentive —Change to Reduction inflexible lot configurations for Affordable Housing are considered as deviations in the PUD approval process and variance in the conventional zoning process on a case by case basis. h. Street Requirements ➢ Proposed Incentive —Change to Reduction in street requirements for Affordable Housing are considered as deviations in the PUD approval process and variances in the conventional zoning process on a case by case basis. L Oversisht (Ongoing) ➢ Current Incentive and Proposed Incentive — Should be reversed. ➢ Proposed Incentive — Change to Amended Incentive to Collier County requires all items which have the potential to increase the cost of housing to be prepared and presented by County Staff, reviewed by DSAC and submitted to the BCC with the amount of the increase or decrease mentioned in the executive summary under fiscal impact. The Commissioners shall appoint an Affordable Housing Advisory Committee member to the Development Services Advisory Committee. j. Land Bank Inventory ➢ Amended Incentive - Collier County will prepare an inventory of all real property owned by Collier County that may be appropriate for use as an affordable housing development annually. k. Proximity ➢ Proposed Incentive —Change to Amended Incentive: No Change at this time Mr. Hamisch moved to approve the Incentive Review and Recommendation Report as amended (to be presented to the BCC on December 11, 2012 for approvab) Second by Ms. Fortune. Motion carried unanimously 6 -0. Staff will email the AHAC the Incentive Review and Recommendation Report with revisions. Packet Page -3487- 12/11/2012 Item 16.D.15. November 5, 2012 7. STAFF /COMMITTEE MEMBERS: GENERAL COMMENTS Mr. Hruby asked the Staff for an update on filling the vacant positions on the AHAC. It was noted the BCC Administration places public notices on vacant positions on a monthly basis. Staff is waiting on a response from the City of Naples to have Mr. Hruby serve as a County representative on the City of Naples Planning Commission. This will open another vacancy. Staff noted the BCC will appoint a Planning Commission representative to AHAC at the next BCC meeting. Mr. Cowan moved to adjourn at 4:37 PM. Second by Mr. CabraL Motion carried unanimously 6 -0. NEXT MEETING: December 3, 2012 — 3:00 PM Location: BCC Chambers, 3 d Floor, Administrative Building "F" (Members will be notified via email of a cancellation) There being no further business for the good of the County, the meeting was adjourned at 4:37 PM by order of the Chairman. COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Stephen Hruby, Chairman The foregoing Minutes were approved by the Board/Committee Chair on 12012, "as submitted" OR "as amended" 6 Packet Page -3488-