Agenda 12/13/2011 Item #16A24Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2011
MOVE ITEM #16A24 TO ITEM #10M: RECOMMENDATION TO DIRECT
THE COUNTY MANAGER, OR HIS DESIGNEE, TO SUSPEND THE
COLLECTION OF AFFORDABLE HOUSING CONTRIBUTIONS, PENDING
THE BOARD'S DECISION ON A LAND DEVELOPMENT CODE (LDC)
AMENDMENT TO REMOVE AFFORDABLE HOUSING CONTRIBUTION
COMMITMENTS (COMMISSIONER HILLER'S REQUEST)
Continue Item 91( to the January 10,x,012 BCC MeelL= This item continued from the November 8, 2011 BCC
Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners
support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more
independent special districts. (Commissioner Henning's request)
Move Item 16A4 to Item 10P: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve for recording the final plat of Arthrex Commerce Park, approval of the standard
form Construction and Maintenance Agreement and approval of the amount of the performance security.
(Commissioner Hiller's request)
Move Item 16A16 to Item 100: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code Enforcement Board Case
No. 2002 -008, relating to property located at 2990 Sunset Boulevard, Collier County, Florida. (Commissioner
Hiller's request)
Move Item 16A19 tq Item 1)L: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing beheld on this item, all participants are required to be sworn in.
Recommendation for the Board of County Commissioners (Board) to accept a process to review past Staff
Clarifications and Official Interpretations of the Land Development and Building Codes and to accept specific
Staff Clarifications and Official Interpretations attached to this Executive Summary. (Official Interpretations
are quasi - judicial.) (Commissioner Henning's request)
Move Item 16A21 to Item 10N: Recommendation to approve the issuance of a building permit prior to the
approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five
thousand square -foot classroom and office addition to the existing Community School of Naples, not to exceed
the same existing upper school building height of thirty two feet. (Commissioner Hiller's request)
Continue Item 16A26 to the January 24, 2012 BCC Meeting: Recommendation to approve the third
amendment to the cooperative agreement with the South Florida Water Management District, Agreement No.
C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County,
modifying the agreement terms and extending the term until September 30, 2024. (Staffs request to address
concerns with property owners along affected canals that are subjects of the agreement.)
Move Item 16132 to Item 13133: Recommendation to approve a Resolution certifying the statutory dedication
and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston,
Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4,
Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's
continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of
a Right -of -Way map being more specifically shown in Exhibit "A "(Fiscal Impact: $53.50). (Commissioner
Hiller's request)
Delete Item 16C13: Recommendation to approve an Agreement with Adam ). Piskadlo and Barbara K.
Piskadlo for the purchase of property for the relocation of sub- master pumping station 300.06 at a cost not to
exceed $78,000, Project Number 70046. (Staffs request due to reconsideration of sale by property owner)
Continue, Indefinitely Item 16D12: Recommendation to approve and authorize the Chairman to sign the
"Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal
years 2006/07,2007/08, and 2008 /09 and authorize submission to Florida Housing Finance Corporation to
ensure compliance with program requirements. (Staffs request. Allow additional time to collaborate with the
Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.)
Move Item 16G2 to Item 1$A3: Recommendation to approve and ratify Staffs authorization unauthorized
approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order
#4500116917) and make a finding of quantum merui in order to process invoices for Phase 2 permitting
work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at
County Attorney's request)
Move Item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs author-ozation unauthorized
approval of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time
extension and make a finding of quantum meruit in order to process invoices for Phase II environmental
permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language
revised at County Attorney's request)
Move Item 17A to item 8C. to approve a resolution allowing the Collier County Water -Sewer
District to expand the water and wastewater service district boundaries to include portions of the
development known as Hacienda Lakes, and surrounding areas, that are currently outside the existing
boundaries. (Commissioner Hiller's request)
Note:
Items 13A3 aUd13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request)
Item 16A6 requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. (County Attorney's request)
Item 9M to be heard at 5:00 p.m.
Item 9L to be heard at 5:15 p.m.
Item 10B to be heard at 10 :45 a.m.
Item 10H to be heard at 1 :00 p.m., followed by Items 10L,101 and 8A
Item 11A to be heard at 4:30 p.m.
Item 12A to be heard at 4:00 p.m.
12/14/2011 10:10 AM
12/13/2011 !tern 16.A.24.
EXECUTIVE SUM11gARY
Recommendation to direct the County Manager, or his designee, to suspend the collection of
Affordable Housing Contributions, pending the Board's decision on a Land Development Code
(LDC) Amendment to remove Affordable Housing Contribution commitments.
OBJECTIVE: To obtain direction by the Board of County Commissioners (Board) regarding the
collection of Affordable Housing Contributions.
CONSIDE TIONS: On November 8, 2011, Mr. Rich Yovanovich, representing the owners of
Sandalwood PUD, petitioned the Board (Item 6A) to discuss amending the Joint Settlement Agreement to
remove the requirement for the payment of an Affordable Housing Contribution. As discussed during the
petition, during the years of 2005 -2008 an Affordable Housing Contribution of $1,000 per reside" unit
and/or $0.50 per commercial square-foot were commonly included as a condition of the Planned Unit
Development (PUD). In some instances the commitment was memorialized in the form of a Developer or
Settlement Agreement. At the time these contribution commitments were made, there was a stated lack of
affordable housing in Collier County and such funds paid would be dedicated to mitigation of that issue.
However, with the downturn in the market and resulting price reductions, affordable housing issues are
less significant and developers are seeking to modify their PUDs or other controlling. documents to
eliminate the Affordable Housing Contribution requirements.
The current LDC provisions related to a minor change to a PUD require a $6,000 application fee and
payment of the actual cost of the required legal advertising. Additionally, the applicant must hold a
Neighborhood Information Meeting (NIM). The change must be heard by the Collier County Planning
Commission (CCPC) and approved by the Board.
A change to the LDC is being proposed in the current cycle that, if approved, will create a new process for
insubstantial changes to PUDs, to allow minor text changes. Under the proposed requirements, an
application fee of $1,500 would be required as well as advertised public notice and a certified mailing
would be provided to affected properties within a specified distance.
Based on the above information and Board discussion and direction provided during the November 8,
2011 petition, the following are the staff recommendations related to this issue.
1. Suspend collection of all Affordable Housing Contributions required in the Sandalwood PUD and
all other similar requirements in other ordinances and agreements until such time as the process
related to insubstantial amendments to PUDs is reviewed by the CCPC and Board as part of the
LDC amendment cycle. The estimated time frame for this action is July 2012.
2. Notify Property Owners that their PUD or other controlling document may be amended in order to
remove the Affordable Housing Contribution commitment. Provide explanation of current LDC
requirements along with proposed changes to the LDC and timeframe fore hearing on the proposed
changes.
3. Refund of previously collected Affordable Housing Contribution fimds.
$591,581 in Affordable Housing Contributions has been collected to date, with none having been
expended. Depending upon the Board's decision on the LDC amendment, the issue of refunding
these previously paid contributions will then need to be addressed.
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12/13/2011 Item 16.A.24.
FISCAL IMPACT: Potential Affordable Housing Contribution commitments total $8,039,812.50, with
$591,581 collected to date. The funds are deposited into Fund 105 and have not been expended. The
funds are currently restricted and may only be used for specified affordable housing purposes (Resolution
2007 -203).
With respect to any required PUD amendments, the applicant is currently required to pay a $6,000
application fee, as well as the cost of legal advertising and is also required to hold a Neighborhood
Information meeting. The proposed requirements reduce the cost of application as well as modifying the
hearing and notice requirements. In any case, an applicant will be required to pay fees in accordance with
the LDC requirements in effect at the time of application to modify the PUD.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The affordable housing commitments are contained both in PUDs and
in Developer Agreements. My recollection of the process was that we tended to put these commitments
into Developer Agreements when there were a number of issues that were best done by Agreement (such
as impact fee credits), and in PUDs when there no other need for a Developer Agreement. Dealing with
this issue in PUDs will require a public process, which staff is recommending be handled through an LDC
amendment. Unlike amending a Developer Agreement, approving an LDC amendment requires super
majority support. Should the Board approve the LDC amendment, we can then process this waiver for all
in a consistent and fair manner. Accordingly, it is the recommendation of the County Attorney to put a
moratorium on the collection of these fees, pending a determination of the proposed LDC amendment.
The County Attorney is not opining at this time as to whether refunds can legally be made on previously
paid affordable housing obligations. This item is legally sufficient for Board action, and requires majority
support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners directs that:
1) The collection of all Affordable Housing Contributions be suspended for the Sandalwood PUD
and all other similar requirements in other ordinances and agreements until such time that the
process related to insubstantial amendments to PUDs is reviewed by the Collier County
Planning Commission and Board of County Commissioners as part of the Land Development
Code amendment cycle; and
2) The County Attorney and the County Manager, or his designee, notify Property Owners that
their PUD, or other controlling document, may be amended in order to remove the Affordable
Housing Contribution commitment, and provide an explanation of the current Land
Development Code requirements along with proposed changes to the Land Development Code
and timeframe for hearings on the proposed changes.
Prepared by: Nick Casalanguida, Deputy Administrator, Growth Management Division
Attachments:
1. Affordable Housing Contribution Spreadsheet
2. Resolution 2007 -203
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.24.
12/13/2011 Item 16.A.24.
Item Summary: Recommendation to direct the County Manager, or his designee, to
suspend the collection of Affordable Housing Contributions, pending the Board's decision on a
Land Development Code (LDC) Amendment to remove Affordable Housing Contribution
commitments.
Meeting Date: 12/13/2011
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
12/1/2011 10:30:25 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 12/2/20119:47:20 AM
Name: CasalanguidaNick
Title: Deputy Administrator - GMD,Business Management & Budget Office
Date: 12/2/2011 10:04:25 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 12/2/20114:42:05 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/5/20119:35:05 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 12/5/20114:04:12 PM
Name: KlatzkowJeff
Title: County Attorney, n
Packet Page -1765-
Date: 12/6/2011 11:30:56 AM
Name: OchsLeo
Title: County Manager
Date: 12/6/2011 11:48:22 AM
Packet Page -1766-
12/13/2011 Item 16.A.24.
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12/13/2011 Item 16.A.24.
RESOLUTION NO. 2007--2-03
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DECLARING A VALID PUBLIC PURPOSE FOR ACCEPTING
VOLUNTARY DONATIONS FOR AFFORDABLE.
WORKFORCE HOUSING MADE DIRECTLY TO THE
COUNTY, ESTABLISHING AN AFFORDABLE - WORKFORCE
HOUSING TRUST FUND AND PROVIDING GENERAL
GUIDELINES FOR USE OF MONIES IN THE AFFORDABLE -
WORKFORCE HOUSING TRUST FUND.
RECITALS
WHEREAS, the Board of County Commissioners of Collier County, Florida (the
"Board ") has determined that the public health, safety and general welfare requires the
implementation of an affordable — workforce housing program for the following purposes:
a. To implement the goals, objectives and policies of the Collier County
Comprehensive Plan;
b. To provide housing opportunities for Collier County families in order to
meet the existing and anticipated housing needs of such persons and to
maintain a more balanced socio- economic mix in the community;
c. To assist in satisfying the community's obligation to ensure that a fair
share of the community's housing production is affordable to Collier
County families;
d. To provide for a range of home ownership opportunities for those who
work in Collier County and who provide the community with essential
services but presently cannot afford to purchase a home within the
community; and
e. To provide an opportunity for developments which create additional
affordable - workforce housing demands within Collier County to share in
the responsibility to provide affordable- workforce housing.
WHEREAS, the Board has directed staff to develop an inclusionary zoning
ordinance and related affordable- workforce housing mitigation fee for Board
consideration; and
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12/13/2011 Item 16.A.24.
WHEREAS, from time to time, voluntary donations for affordable- workforce
housing or as a credit against any affordable- workforce housing mitigation fee that might
be adopted in the future are made directly to the County; and
WHEREAS, the .Board finds that there is a valid public purpose for accepting
such voluntary donations for affordable- workforce housing; and
WHEREAS, the Board also finds that such voluntary donations for affordable-
workforce housing should be maintained in a trust fund with the use of such monies
limited to meeting affordable- workforce housing needs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows:
SECTION ONE. PUBLIC PURPOSE.
The Board hereby declares that a valid public purpose exists for accepting
voluntary donations for affordable- workforce housing and that such donations should be
deemed to be a credit against any affordable- workforce housing mitigation fee, including
fees in lieu of any inclusionary zoning obligation, that may be adopted in the future.
SECTION TWO. AFFORDABLE - WORKFORCE HOUSING TRUST FUND.
There shall hereby be established an Affordable - Workforce Housing Trust Fund
(sometimes referred to hereafter as the "Fund "). All voluntary donations made directly
to the County for affordable- workforce housing shall be deposited into the Fund either
upon the day of receipt or the next business day following receipt.
The Fund shall be maintained in an interest bearing account and any interest
derived from deposits in the Fund shall follow and remain with the Fund. Any recaptured
monies, e.g., repayments on loans, shall also be deposited in the Fund. Monies in the
Fund, including interest and recaptured monies, shall be disbursed according to the
F?
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12/13/2011 Item 16.A.24.
eligible uses as set forth in this Resolution and as approved by the Board and
administered by the Housing and Human Services Department staff.
SECTION THREE. USE OF AFFORDABLE - WORKFORCE HOUSING TRUST
FUND MONIES.
Collier County shall use the funds deposited within the Fund for the following
purposes, including but not limited to the options set forth in numbered paragraphs 1 -8 in
this Section. Annually, the staff of Housing and Human Services will solicit project
proposals from local nonprofit organizations and "for profit" developers as well as
individuals. Staff will review and score the projects based on established criteria. The
staff recommendations for funding of specific options and projects will be presented
annually to the Board of County Commissioners for approval. An annual application
workshop will be conducted to provide technical assistance to applicants and address any
issues or concerns. All projects will be secured by a contractual agreement developed in
conjunction with the County Attorney Office. Each such Agreement shall be submitted
to the Board for approval and, following approval, shall be signed by the Chairman.
Applications for assistance for the individual homebuyer will be accepted and reviewed
throughout the year by Housing and Human Services staff. Availability of funds and
applicant income verification would determine approval.
Options for use of Fund monies may include:
1. Down Payment Assistance — for units located in Collier County. Units
must be primary residence and homesteaded. Residency will be verified annually.
Available to households earning between 81 -150% of the Median Family Income as
determined by the Department of Housing and Urban Development. The maximum
3
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12/13/2011 Item 16.A.24.
deferred loan amount is $50,000. All participants must attend a recognized homebuyer
education program. This loan would not be forgivable.
2. Impact Fee Relief — for units being developed within Collier County who
are serving households between 81 -150% of the Median Family Income as determined by
the Department of Housing and Urban Development. Unit must be primary residence and
homesteaded. Residency will be verified annually. This loan would not be forgivable.
3. Land Acquisition — For proposed rental and homeownership projects
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Deed and land use restrictions
must be recorded. Construction and occupancy requirements will be based on the size of
the project. Applicant must apply for the applicable incentives and provide
documentation. This loan would not be forgivable.
4. Construction Loans — For proposed rental and homeownership projects n
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Applicants may be. non - profit
organizations, for profit developers or individual first time homebuyers.
5. Community Land Trust — For acquiring land, existing homes and/or
establishing land trust(s) with local non - profit organizations and/or developer partners or
county government. Down payment assistance for buyers who purchase homes in the
CLT. Targeting households below 150% of the median income.
6. Homebuyer Education and Counseling — For non - profit organizations
interested in delivering on -going programs to help prepare first time home buyers of all
income categories for homeownership. Annual contracts will be based on specific
4
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12/13/2011 Item 16.A.24.
deliverables including subject matter, diverse geographical coverage and availability of
programs.
7. Disaster Recovery and Mitigation — Emergency specific disaster recovery
initiatives will be presented to the Board to address housing needs for households below
150% of the Median Family Income based on the extent of the need. Assistance may
include providing temporary housing for our most vulnerable populations after a disaster
strikes, supplemental funding to organizations that house disaster victims and/or
providing disaster mitigation funds to individual homeowner or organization projects.
8. A maximum of 10% of collections may be used to monitor, administer and
oversee the Program.
9. As may be required by any stipulation or agreement with the donor
provided the funds are used to meet affordable - workforce housing needs as determined
by the Board.
First preference in receiving assistance from the Fund for allowed options or uses
shall be given to applicants who have not received assistance from other affordable-
workforce housing programs administered by Housing and Human Services during the
same budget year.
SECTION FOUR. REPORTING RESPONSIBILITIES.
A staff report on the receipt and uses of funds donated for affordable- workforce
housing and deposited into the Fund will be presented to the Affordable Housing
Commission on a quarterly basis and to this Board yearly.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes
of this Board.
5
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12/13/2011 Item 16.A.24.
This Resolution adopted after motion, second and majority vote, this 25`h day of
July, 2007.
ATTEST:
DWIGHT E. BkOCK, CLERK
I ki MJ K f
. tw, AA ,w
Approved as to form and legal sufficiency:
Michael W. Pettit
Chief Assistant County Attorney
06ips -00381/595
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: /4naio�
JA S COLETTA, CHAIRMAN
6
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