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Agenda 06/28/2022 Item #11D (BCC Recent Housing Activities Update)06/28/2022 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to accept an update to recent housing activities. OBJECTIVE: To provide an update on housing that is affordable activities. CONSIDERATIONS: In response to community concerns in 2016, the Board of County Commissioners (“Board”) commissioned the development of a Community Housing Plan 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 focusing on the state of affordable housing. The community stakeholders presented the Community Housing Plan (CHP) to the Board on October 25, 2017, Item 11.A. On February 22, 2022, Item 11.B, the Board reviewed options for affordable housing and approved unanimously to allocate One Cent Infrastructure Surtax funding through a budget amendment, allocate funding through the budgetary process, identify a consultant to do a nexus study for a linkage fee for affordable housing, evaluate County owned land, conduct a legal analysis on impact fee waivers and look at partnership options with other municipalities and organizations. Of the action items below, those numbered 1, 5 & 6 resulted from the ULI study and CHP adoption. The remaining items 2, 3, 4 & 6 are a result of Board direction from the February 22, 2022, regular Board meeting. Over the last one hundred- and twenty-days staff has worked to address the recommendations from both meetings and the status is as follows: Action Item Status 1 Housing Initiatives On May 19, 2022, the Planning Commission reviewed and approved the last of the Housing initiatives from the 2017 ULI Housing Study. See summary in expanded paragraph A below. 2 Partnership opportunities Letters were sent to the Housing Finance Agency, School District, municipalities, fire districts, hospitals, and sheriff’s office. Staff has received feedback from the North Collier Fire District, Municipalities, Naples Community Hospital, and the School District. Responding partners have agreed to partner with the County on housing initiatives in some capacity. These conversations are active and ongoing. 3 Budget funding Addressed in Budget workshop and funded when FY 23 budget is adopted. 4 Infrastructure Sales Tax- budget amendment to segregate funds in Completed; see additional summary in expanded 11.D Packet Pg. 264 06/28/2022 Capital Fund 318 paragraph B below. 5 Legal analysis of impact fee waiver for affordable housing, regulation of rental housing, implementation of affordable housing and identification of consultant for Nexus study Completed and provided by the County Attorney’s office via a one-way communication to Commissioners in February 2022. Additionally, the County is evaluating a Pilot Impact Fee Deferral program utilizing funds from the American Rescue Plan. For additional information see paragraph C below. 6 Evaluation of existing County- owned land All parcels have been evaluated by Real Property Management and a list of properties is attached to this item. A. The proposed amendment to the Growth Management Plan (GMP) will provided for the following strategies to increase the opportunity for housing that is affordable: 1. Increase eligible density within the County’s twenty-two Activity Centers from 16 units per acre, to 25 units per acre, when the proposal provides for housing that is affordable. 2. Allow for the conversion of commercial properties determined to be consistent per policy (those commercial properties that are not associated with an Activity Center) through an administrative process when providing for housing that is affordable 3. Adopt a new sub- district within the Future Land Use Map of the GMP, titled Strategic Opportunity Sites (SOS). This allows for the eligibility of up to 25 units per acre of housing that is affordable to existing areas associated with jobs and job creation, such as Business Parks and Research and Development Parks. 4. Increase of Density along dedicated transit lines. When a project centers its design around a transit stop by placing 50 percent of the total units within one- quarter of a mile of a transit stop, the project would be eligible for 13 units per acre and if the project proposes to include housing that is affordable that eligibility increase maximum of 25 units per acre. The GMP-Amendment will be transmitted to the State of Florida Department of Economic Opportunity and then be scheduled for the Planning Commission and Board for adoption hearings, sometime in the fall of 2022. B. Staff is actively developing criteria and options for developers to bring housing development proposals including land forward. Staff is cognizant of land purchases and is looking to ensure proper market timing for responsible expenditures of taxpayer dollars. We will continue to monitor the market for opportunity buys. Once identified, projects will be taken to the Infrastructure Surtax Committee for validation and subsequently brought to the Board for consideration and approval. However, staff will at any time consider and are open to discussion with developers who have projects that they believe may be appropriate for such development. C. One of the three memoranda dated February 25, 2022 and provided to the Board of County Commissioners by the Office of the County Attorney, covered waiver of impact fees for affordable housing. In accordance with Board direction, staff identified a consulting firm 11.D Packet Pg. 265 06/28/2022 with the capability to conduct the required nexus analysis to explore the options and feasibility of developing a linkage fee program. This company, Alfred Benesch and Company, is currently under contract with the County for continuing financial services, including impact fee related work. In 2020, the passage of HB 1339 amended Fla. Stat. 125.01055, expressly allowing for local governments to adopt a linkage fee ordinance, with an important caveat: the county must provide incentives to fully offset all costs to the developer of its affordable housing contribution or linkage fee. The incentives may include, but are not limited to: allowing the developer density or intensity bonus incentives, reducing or waiving fees, such as impact fees or water and sewer charges; or granting other incentives. The requirement to fully offset the developer’s cost of a linkage fee may negate any benefit derived from the imposition of a linkage fee to increase the supply of affordable housing. Furthermore, the additional complexities and regulatory requirements associated with the implementation of a linkage fee could result in restrictions on the flexibility needed to implement effective affordable housing policies and strategies. The estimated cost of the nexus study is $222,312, which does not include the required outside legal review. In 2021, the ability for counties to adopt an Affordable Housing Impact Fee was affec ted by the passage of HB 337. HB 337 further restricts the definitions of infrastructure and public facilities as related to impact fees. Affordable housing is not expressly defined in Fla. Stat. 163.31801, as infrastructure or a public facility, thereby increasing the likelihood of a legal challenge should an Affordable Housing Impact Fee be implemented. While HB 337 may have limited the County’s ability to adopt an Affordable Housing Impact Fee, staff continues to work with a consultant to explore options available to reduce impact fees for affordable housing, through new land use fee categories, etc. On March 22, 2022, Item 16.D.7, the Board approved Amendment #5 to the American Rescue Plan Act- Coronavirus State and Local Fiscal Recovery Funding allowing staff to begin developing and implementing an impact fee pilot program to assist with payment of fees for those developments funding partially through Low-Income Housing Tax Credits and will maintain long term affordability. Staff will report on the progress of this pilot routinely through the annual American Recovery Performance Plan updates. FISCAL IMPACT: There is no fiscal impact for this item. GROWTH MANAGEMENT IMPACT: The adoption of the proposed amendment to provide for expanded opportunities for housing that is affordable within the Growth Management Plan will further prioritize the provision of housing affordability and expanded housing choices throughout the County LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - DDP RECOMMENDATION: For the Board of County Commissioners to accept an update to recent housing activities. Prepared By: Jacob LaRow - Housing, Grant Development and Operations Manager; Community and Human Services Division 11.D Packet Pg. 266 06/28/2022 ATTACHMENT(S) 1. COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (PDF) 2. COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (PDF) 11.D Packet Pg. 267 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Doc ID: 22114 Item Summary: Recommendation for the Board of County Commissioners to accept an update to recent housing activities. (Jacob LaRow, Manager, Housing, Grant Development & Operations) Meeting Date: 06/28/2022 Prepared by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 05/02/2022 6:43 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 05/02/2022 6:43 PM Approved By: Review: Operations & Veteran Services Kristi Sonntag Additional Reviewer Skipped 05/02/2022 5:43 PM Public Services Department Kristi Sonntag PSD Level 1 Reviewer Skipped 05/02/2022 6:42 PM Community & Human Services Kristi Sonntag CHS Review Completed 05/02/2022 6:43 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/03/2022 4:33 PM Public Services Department Tanya Williams PSD Department Head Review Completed 05/03/2022 5:27 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2022 8:28 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/04/2022 9:15 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/15/2022 11:00 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/22/2022 3:57 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/22/2022 5:06 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM 11.D Packet Pg. 268 11.D.1Packet Pg. 269Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) 11.D.1Packet Pg. 270Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) 11.D.1Packet Pg. 271Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) 11.D.1Packet Pg. 272Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) 11.D.1Packet Pg. 273Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) 11.D.1Packet Pg. 274Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) 11.D.1Packet Pg. 275Attachment: COUNTY OWNED LAND REMIX USE AERIAL 6.22.22 (22114 : Housing Updated) COUNTY OWNED VACANT PROPERTY OF SIGNIFICANT ACREAGE Name Folio number Address Size (acres) Acquisition Notes related to Use Infrastructure Considerations Financial Considerations STATUS “Camp Keais” PARCEL 1 00227240300 00227240203 00227280108 00227440207 Located on the Southeast corner of the intersection of Oil Well Road (SR 858) and Camp Keais Road 1,046.19 3/9/21 Purchased to facilitate future uses such as, potential relocation of fair grounds, essential public services, and work force housing, hurricane debris management and horticultural processing to effectively satisfy Collier County’s immediate and future needs. Zoning: Ag within the Mobile Home Overlay (MHO). Rural Land Stewardship Area Overlay (SLSAO) – Open Lands Would need GMP-Amendment and PUD Rezoning. There are 6 leases on property that were assumed by County at closing. 5 are agricultural and 1 is recreational for a conservation club. Access: Oil Well Road Utilities: Electric, Water and Sewer are available. County paid $13,634,670 RESERVED, in part, FOR “AFFORDABLE HOUSING” 11.D.2 Packet Pg. 276 Attachment: COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (22114 : Housing Updated) COUNTY OWNED VACANT PROPERTY OF SIGNIFICANT ACREAGE Name Folio number Address Size (acres) Acquisition Notes related to Use Infrastructure Considerations Financial Considerations STATUS “Hussey” PARCEL 2 00328560002 00331320006 00330480002 00328640003 00329240004 00330840008 00341960003 00342040003 located three miles east of Collier Boulevard and directly north of Alligator Alley 260 10 5 10 5 5 302.8 302.8 900.6 total 2/9/20 According to 2017 appraisal highest and best use is continued agricultural use/recreational use and hold for potential future development. Zoning: A-RFMUO Sending Lands-NBMO and A-RFMUO Receiving Lands-NMBO Would need GMP- Amendment and PUD Rezoning. Access: along Blackburn Rd which is a dirt path from the end of White Lake Extension to the SW corner of the property. Utilities: Electric Available. Water and Sewer not available. County paid $9,890,000 RESERVED, in part, FOR “AFFORDABLE HOUSING” 11.D.2 Packet Pg. 277 Attachment: COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (22114 : Housing Updated) COUNTY OWNED VACANT PROPERTY OF SIGNIFICANT ACREAGE Name Folio number Address Size (acres) Acquisition Notes related to Use Infrastructure Considerations Financial Considerations STATUS “Old Hotel Property” In Port of the Islands PARCEL 3 01058920500 12323 UNION ROAD 6.86 1/9/2020 Property acquired by Escheatment Tax Deed Staff informed agency representatives and Constitutionals of availability 4/21/22 – CCSO response: CCSO may have two uses for this site pending funding and feasibility: 1. District 5 Patrol Substation 2. Training Facility, combination Firearms trainings, driving, physical fitness training, and classroom style training. Residential Tourist Zoning allows 16 units per acre, if seeking higher density than 16du/acre, would need GMP-Amendment & Rezone Access: Tamiami Trail East to Union Road. (Easement to be confirmed) Utilities: Electric, Water and Sewer are available. County paid $388,444 for demolition of hotel. County paid $1239.80 to Tax Collector as part of tax deed process. RESERVED for “AFFORDABLE HOUSING” 11.D.2 Packet Pg. 278 Attachment: COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (22114 : Housing Updated) COUNTY OWNED VACANT PROPERTY OF SIGNIFICANT ACREAGE Name Folio & Address Size (acres) Acquisition Information NOTES RELATED TO USE Infrastructure Considerations Financial Considerations STATUS “Orchid Cove” In Port of the Islands PARCEL 4 64702100202 25017 PEACOCK LN 64702100228 25017 PEACOCK LN 64702100260 25021 PEACOCK LN 64702100286 25021 PEACOCK LN 64702100309 25021 PEACOCK LN 64702100325 25021 PEACOCK LN 64702100341 25025 PEACOCK LN 64702100367 25025 PEACOCK LN 64702100383 25025 PEACOCK LN 64702100406 25025 PEACOCK LN 64702100587 25037 PEACOCK LN 64702100600 25037 PEACOCK LN 64702100626 25037 PEACOCK LN 64702100642 25037 PEACOCK LN 64702100668 25041 PEACOCK LN 64702100684 25041 PEACOCK LN 64702100707 25041 PEACOCK LN 64702100723 25041 PEACOCK LN 64702100749 25045 PEACOCK LN 64702100765 25045 PEACOCK LN 64702100781 25045 PEACOCK LN 64702100804 25045 PEACOCK LN 64702100820 25049 PEACOCK LN 64702100846 25049 PEACOCK LN 64702100862 25049 PEACOCK LN 64702100888 25049 PEACOCK LN N/A 7/9/21 Property acquired by Escheatment Tax Deed 26 condo “footprint parcels” to be developed as multifamily. Zoning: Zoned North Port PUD Need GMP- A and PUD amendment to develop beyond 4.95 units per acre currently allowed by PUD Access: direct access from Tamiami Trail East Utilities: Electric, Water and Sewer are available. County paid an average of $750 per “footprint parcel” to Tax Collector as part of tax deed process. TBD – With BCC authorization property may be surplused with proceeds to fund affordable housing. Awaiting potential escheatment of two additional parcels within community in September and October of 2022. Staff has been contacted by HOA and others with interest to purchase these parcels. 11.D.2 Packet Pg. 279 Attachment: COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (22114 : Housing Updated) COUNTY OWNED VACANT PROPERTY OF SIGNIFICANT ACREAGE CRA OWNED Name Folio number Address Size (acres) Acquisition Information NOTES RELATED TO USE Infrastructure Considerations Financial Considerations STATUS “17 Acres” PARCEL 5 61840960006 61840960103 61840840003 53401680005 4265 Bayshore Drive 4315 Bayshore Drive 1.72 9.4 5.97 .63 17.72 total 8/2/06 8/2/06 4/9/07 7/25/08 The property was rezoned to Mixed PUD. Under this zoning district, the property is permitted to develop 40 residential units, 48,575 square feet of commercial space, a 350-seat theater, and an 84,000 square feet parking garage. Would need a GMP-amendment and PUD- amendment to develop affordable housing Access: Bayshore Drive Utilities: Electric, Water and Sewer are available. CRA Paid $4,614,243 CRA also paid $600,000 to complete the cultural and performing arts rezone for the property. TBD 11.D.2 Packet Pg. 280 Attachment: COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (22114 : Housing Updated) COUNTY OWNED VACANT PROPERTY OF SIGNIFICANT ACREAGE Name Folio number Address Size (acres) Acquisition Information NOTES RELATED TO USE Infrastructure Considerations Financial Considerations STATUS “Del’s Corner Store” PARCEL 6 52600080009 52600120008 52600160000 4825 Bayshore Dive 2802 Thomasson DR N/A .77 .44 .63 1.84 total 11/6/20 When property was acquired CRA informed the Board: The CRA views the properties proposed for acquisition as a very important piece of the continued redevelopment of the Bayshore area. Planned infrastructure improvements are underway along the Thomasson Drive corridor, which will enhance future opportunities for development of the property. Several entities and groups existing in the area are interested in possible partnerships, and the acquisition of the property will allow the CRA to ensure that future uses are compatible with the recently updated Redevelopment Plan. Zoning: Zoned C-5 & C-3, under current proposal to allow the conversion of commercial to affordable housing, can develop affordable housing with only administrative review if site can pass a public facilities analysis test, which the residential use is less intense than a use in the C-5 & C-3 zoning districts Access: Bayshore Drive Utilities: Electric, Water and Sewer are available. CRA Paid $ 2,118,000 CRA $142,600 paid for demolition TBD Store demolished. Warehouse to be demolished. 11.D.2 Packet Pg. 281 Attachment: COUNTY OWNED LAND REMIX USE WITH MAP 6.22.22 TABLE (22114 : Housing Updated) 06/28/2022 EXECUTIVE SUMMARY Recommendation to discuss entering into an employment agreement with Amy Patterson to be the County Manager for Collier County. OBJECTIVE: To discuss the terms and conditions of Ms. Patterson becoming the County Manager. Note: A final draft agreement was not ready prior to the deadline for the agenda. Prepared by: Jeffrey A. Klatzkow, County Attorney 11.E Packet Pg. 282 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 11.E Doc ID: 22627 Item Summary: Recommendation to discuss entering into an employment agreement with Amy Patterson to be the County Manager for Collier County. Meeting Date: 06/28/2022 Prepared by: Title: Sr. Operations Analyst – County Manager's Office Name: Geoffrey Willig 06/22/2022 3:50 PM Submitted by: Title: Deputy County Manager – County Manager's Office Name: Amy Patterson 06/22/2022 3:50 PM Approved By: Review: County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/22/2022 3:50 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM 11.E Packet Pg. 283