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AHAC Agenda 09/19/2023Collier County Affordable Housing Advisory Committee (AHAC) AGENDA Growth Management Community Development Department Conference Rooms 609/610 2800 N. Horseshoe Dr., Naples, FL 34104 September 19, 2023, 9:00 AM AHAC MEMBERS Steve Hruby, Chair Commissioner Chris Hall, BCC Liaison Jennifer Faron, Vice Chair Arol Buntzman, Member Mary Waller, Member Todd Lyon, Member Gary Hains, Member Paul Shea, Member Hannah Roberts, Member Thomas Felke, Member Andrew Terhune, Member COLLIER COUNTY STAFF Jamie French, Department Head, GMCD Michael Bosi, Director, Planning & Zoning Jaime Cook, Director, Development Review Cormac Giblin, Planning Manager, Development Review Sarah Harrington, Interim Director, Housing Policy & Economic Development Derek D. Perry, Assistant County Attorney, County Attorney's Office Donna Guitard, Management Analyst I, GMCD Julie Chardon, Operations Support Specialist II, Operations & Regulatory Management Kevin Summers, Mgr., Technical Systems Ops, GMCD NOTE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. DURING COMMITTEE DISCUSSION, COMMITTEE MEMBERS MAY ASK DIRECT QUESTIONS TO INDIVIDUALS. PLEASE WAIT TO BE RECOGNIZED BY THE CHAIRMAN AND STATE YOUR NAME AND AFFILIATION FOR THE RECORD BEFORE COMMENTING. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE. 1 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE 2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF 3. APPROVAL OF AGENDA AND MINUTES a. Approval of today's agenda b. Approval of August 15, 2023, AHAC Meeting minutes. 4. INFORMATIONAL ITEMS AND PRESENTATION a. Ascend Naples Presentation & Letter of Support b. LGAO Update (S. Harrington) C. Housing Forum Postponed (S. Harrington) d. Affordable Housing Spreadsheet/Map (S. Harrington) 5. PUBLIC COMMENT a. Persons wishing to speak must register prior to speaking. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the Chairman. 6. DISCUSSION ITEMS a. SHIP Incentive Strategy Report (S. Harrington) b. AHAC Member Selection (1 Term Expiring) C. Allura Monitoring Final Report (K. Sonntag) 7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS a. Virtual Meetings Discussion 8. NEW BUSINESS a. AHAC-DSAC (Developmental Services Advisory Committee) Member Recommendation (S. Harrington) 9. ADJOURN 10. NEXT AHAC MEETING DATE AND LOCATION: October 17th, 2023, at 9:00 AM Conference Room 609/610 - Growth Management Community Development Department 2 COI per COUnty Growth Management Community Development Affordable Housing Advisory Committee Attendance Roster — Date: September 19, 2023 AHAC Members **Must have (6) members for a quorum** Commissioner Chris Hall: Present Gary Hains: Present Stephen Hruby: Present Thomas Felke: Present Jennifer Faron: Present Andrew Terhune: Excused Mary Waller: Present Hannah Roberts: Present Todd Lyon: Present Paul Shea: Present Arol Buntzman: Present Staff Members James French Department Head, GMCD Sarah Harrington Director, Housing Policy & Economic Development, GMCD Derek Perry Assistant County Attorney, County Attorney's Office Cormac Giblin Manager, Planning, GMCD Jaime Cook Director, Development Review, GMCD Michael Bosi Director, Planning & Zoning, GMCD Julie Chardon Staff Liaison, Operations & Regulatory Management, GMCD �� 7wad sc'" q Nq� 6"tti " LUG r� Co Ier County Growth Management Community Development Sign -in Sheet (Public) September 19, 2023, AHAC Meeting Please Print NAME REPRESENTING PHONE NO. C Lel C(! e 4-T- 013ct - qj?t4, ;t 3?77 J CO -)FUbI"Tev C yt 2- or C,1 C 7 0 25 o��,LA (V,00o n First Name Last Name Email Registratio Approval S- Address Anita Jenkins ajenkins@naplesgov.com ######## approved 735 8th St S, Naples Cathy Myers cmmyerssouth@gmail.con ######## approved 7697 Mulberry Lane Arol Buntzman aro11112@yahoo.com ######## approved 5373 Messina Street, Ave Maria, Jodi Palmer jodisellsparadise@gmail.cc ######## approved 17573 Holly Oak Ave. Ft. Myers, Dennis Chapman dchapman@tvsnaples.org ######## approved 6000 Goodlette Frank, Naples, F Alexandra Casanova alexandra.casanova @colli( ######## approved 2800 N Horseshoe Dr Naples, FL cormac giblin cormacgiblin@colliercouni ######## approved 2800 n horseshoe dr Kristina Majeski kmajeski@naplesgov.com ######## approved Naples City Hall Phone Number 239-213-1037 5.13E+09 9.17E+09 2.49E+09 239-593-7686 2.39E+09 2.39E+09 239-213-1022 Collier County Affordable Housing Advisory Committee 3339 East Tamiami Trail, Building H, Suite 211 Naples, Florida 34112 September 19, 2023 Honorable Members of the Collier County Planning Commission and Collier County Board of County Commissioners To Whom It May Concern: The Affordable Housing Advisory Committee (AHAC) would like to offer its recommendation on the proposed projects: Ascend Naples (PUDZ), PL20220002908 and Ascend Naples (GMPA), PL20220003213, more particularly described as: Ascend Naples (PUDZ), PL20220002908: A PUD rezone to allow multi -family residential development (maximum of 208 units). The subject properties (Folio Nos: 41827320003 41829320001, 41829361002, and 41829400002, totaling approx. 17.5 acres) are located on the south side of Vanderbilt Beach Road, east of Logan Boulevard N, zoned E-Estates. Companion item to Ascend Naples (GMPA). Ascend Naples (GMPA), PL20220003213: Ascend Naples (GMPA) as a companion item to Ascend Naples (PUDZ) (PL20220002908) to allow a maximum of 208 units within the multi -family development with 30% of units being set aside for work force housing (15% of total units at 80% AMI and below and 15% of total units at 100% AMI and below). The subject properties are located on the south side of Vanderbilt Beach Road, east of Logan Boulevard N, zoned E-Estates. Folio Nos: 41827320003 41829320001, 41829361002, and 41829400002, totaling approx. 17.5 acres. AHAC supports this site -specific Growth Management Plan Amendment and PUD rezone which incorporate affordable housing components and offer increased workforce housing. Approving this project will add 208 units of much needed affordable housing in Collier County, while ensuring the housing is monitored to remain affordable well into the future. It is encouraging to see a developer partner with the County to address this issue by providing some units reserved for "low-income" families at less than 80% of the area median income that will rent for less than $1,400 per month. AHAC supports the staff recommendations of approval. Sincerely, StelaberfHru Chairperson Collier County Affordable Housing Advisory Committee d) g o � r�l V C� •� U o .-M H. 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This ranking submission is intended to be ANONYMOUS. l_Jc r AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. 2 c'V\, AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. 2 L�� r AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. Ile 2 C�a�r�✓r n'I. /W/11 4, AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. 1 �� r 2 Pf AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. 2 p�i� AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. 1 AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. 2 ,� AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. AHAC Member Nomination Ranking Sheet VACANCY #1: Please rank order the top 2 applicants you believe to be best suited for the post based on the information provided within the attached applications. This ranking submission is intended to be ANONYMOUS. MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Naples, Florida, August 15, 2023 LET IT BE REMEMBERED, the Collier County Affordable Housing Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9 a.m. in REGULAR SESSION at the Collier County Growth Management Community Development Department Building, Conference Room #609/610, 2800 Horseshoe Drive N., Naples, Florida, with the following members present: Chairman: Steve Hruby Vice Chairman: Jennifer Faron Arol Buntzman (via Zoom) Thomas Felke Gary Hains Commissioner Chris Hall Todd Lyon Hannah Roberts Paul Shea Andrew Terhune (via Zoom) Mary Waller County Staff Members Present: Jamie French, Department Head, GMCD Cormac Giblin, Planning Manager, Development Review, GMCD Sarah Harrington, Interim Dir., Housing Policy & Economic Development, GMCD Mike Bosi, Director, Planning & Zoning, GMCD Derek Perry, Assistant County Attorney Jaime Cook, Director, Development Review, GMCD Kevin Summers, Mgr., Technical Systems Ops, GMCD (via Zoom) Kristi Sonntag, Director, Community & Human Services Division, PSD Donald Luciano, Assistant Director, Community & Human Services Division, PSD Any persons in need of a verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE Chairman Hruby called the meeting to order at 9:03 a.m. and outlined guidelines for public speakers. 2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF Ms. Harrington called the roll call. A quorum of nine was present in the boardroom; two joined via Zoom. [The pledge of allegiance was recited.] 3. APPROVAL OF AGENDA AND MINUTES a. Approval of today's agenda Vice Chair Faron asked to add a discussion item about establishing criteria for how and when AHAC provides a letter of support for a project. Chairman Hruby said it would go under discussion items as Criteria for Project Support Planning Commissioner Shea made a motion to approve the agenda, as amended Second by Commissioner Hall. The motion passed unanimously, 11-0. b. Approval of July 18, 2023, AHAC meeting minutes Ms. Waller made a motion to approve the July 18, 2023, meeting minutes. Seconded by Planning Commissioner Shea. The motion passed unanimously, 11-0. 4. INFORMATIONAL ITEMS AND PRESENTATION a. Golden Gate Golf Course — Rural Neighborhoods Update (Steven Kirk) Mr. Kirk detailed a PowerPoint presentation, telling the AHAC. • The golf course project is divided into two phases. • A 252-unit phase targets essential personnel, which is defined as employees of health care, education, and first -responder fields, with a second priority for government workers. • The second phase is 100-120 units of senior housing. • Veterans will be in both portions; the goal is 10% veterans in both. • Seniors are placed toward the lake on the site plan toward the bottom and essential service personnel are divided between nine buildings, 24- and 36-unit, three-story walk-up units of one, two and three bedrooms. • The site plan was approved in 2022 and the lease was approved this April. • This is truly workforce housing. The target population is incomes at 50%, 80% and 120% of AMI to target essential personnel. • There are 75 one -bedroom, one -bath units; 115 two -bedroom, two -bath units; and 62 three -bedroom units. • Although it's 50%, 80% and 120% AMI, rents are limited to 50%, 80% and 100% of AMI so there's a $300-$500 rent differential on market rates in the community. If you were at 120% AMI and 120% rent, you'd be very close to market rent. • The goal is to create a rate differential to attract people who commute to the community to work or who cannot take jobs here because they can't afford housing. At the 100% rent limitation, depending on bedroom size, there's a reasonable gap below market rent. • Most affordable housing targets 60% AMI or less, and in rare instances 80% AMI and under, but when you move from 60% to 120%, amenities are important to residents. You're competing against older market -rate properties that have many amenities. This amenity -rich community will attract employees to our community. Mr. Kirk detailed the timetable: • We expect to go back to the Board of County Commissioners for the second September meeting to amend the lease's legal descriptions and surveys to match the property better than what was done in April. And our potential borrower/potential lender, Prudential Real Estate and HUD-221(d) (4), prefers to have the borrower as the lessee. Rural Neighborhoods is assigning its lease to the borrower, so we'll be substituting the two borrower entities for Phase I and Phase II as the tenants. • The golf course has a moderate amount of arsenic, an environmental problem that will need to be cleaned up throughout the entire 120-125 acres. • Now that we're going first, we anticipate doing a soil management plan to remove arsenic. That means taking the top layer of soil, encapsulating it under roadways and buildings so no one can touch it, and replacing the top 2 feet of soil with clean fill and burying arsenic where no one can touch it. • We expect a DEP decision on the soil management plan within 10 days. The county is the fee -simple owner and responsible party, but we took the property as is and we're responsible for arsenic on the residential portion. Moving soil is being priced now. • Our SDP (Site Development Plan) comments are in and before the Growth Management Division and we hope they'll be approved in the next 30 days so it can be finalized. • We're working on an ERP (Environmental Resource Permit) with the South Florida Water Management District, which is a challenge. We're in golf course Tract 5, which includes part of the Greenway. The remaining tracts are to the north, the former Big Shots golf course, future government buildings, and a veteran nursing home. • The golf course is the drainage basin for all sites on the golf course, so the change in use — veterans versus a driving range — has slowed the county's overall ERP. • We're proceeding on our own ERP independently and it's dependent upon the future golf course drainage to the canal. • We're beginning the HUD eight -step process and expect to work with the county and HUD to advertise our use of land that was once in a flood zone. It will be built up and out of the flood zone. The eight -step process is expected to begin its advertising around September 1. Mr. Kirk outlined challenges and why they haven't broken ground: • Over the past 24 months, we've seen the largest increase in interest rates in 15- plus years. We intend to borrow about $58 million. Every 25 basis points in change in the interest rate generally shorts borrowing by $1.5 million, so 50% basis points leaves us being unable to borrow an additional $3 million. • That's not unique to what we're doing, but it clearly was part of the demise of Bigshots Golf and many other projects in the development pipeline. • We expect to get our costs from our selected contractor, DeAngelis Diamond. Building costs, which are due April 24 and are critical, have escalated dramatically over the past 18 months. They're a moving target. • We thank the county for being generous with its support. Land was leased to us at no cost for 99 years, there were moves to waive and reduce impact fees and offer county grant support. • What complicates development is that by the time you have three to five layers of funding, meeting everyone's requirements becomes complex. • We expect a HUD -firm commitment in November and hope to close and break ground after that. A discussion ensued and the following points were made: • Interest rates and supply -chain issues have caused problems for projects nationwide. • Was there ever an opportunity to partner with another development company to achieve a speedier timeline? • Rural Neighborhoods is involved in joint ventures. For this project, it's getting the benefit of a for -profit development partnership in a non -partnership way. Minneapolis -based Dominion Development, the nation's third largest affordable housing developer, with 40,000 units, including in Florida, is providing Rural Neighborhoods with pro-bono assistance — true corporate civic involvement. • Dominion is donating the time of one partner and an associate, about one day weekly for each. • One caveat forgetting the $10 million commitment from the local foundation community was the project had to be 100% non-profit developed. That was outlined in the Invitation to Negotiate. • There are probably lessons learned there. One is that greater environmental review of the property prior to acquisition would have been wise. • Rural Neighborhoods performed about $100,000 in environmental testing, which caused a delay. As a team, the landowner, county, and developers could have understood that problem earlier in the process. • There was always a year's delay to get a PUD approved. It may have helped to have some of the PUD done prior to the Invitation to Negotiate. • There are many challenges. It's less supply -chain now and more labor problems and construction pricing. Many developers don't know what number to put down or whether it's good for three months or weeks. • The residential buildings and amenity center total about 315,000 square feet and every $3-per-square-foot increase causes a $1 million impact. That's below or above the number we have in our pro forma. Rural Neighborhoods has to solve and find layered funding. We may be able to go back to our current financial sources, to a degree, but it will have an impact. Construction is expected to take 14-18 months for 252 units and there will be phased issuance of Certificates of Occupancy. The project will be built so residents can occupy the first buildings when they receive a CO, and the amenity center will join them when it's complete. We want to break ground quickly to hold those prices. Chairman Hruby noted that they've been shepherding this for a while, and it will be a great project. b. Styx Cos. Golden Gate Inn Letter of Support (S. Harrington) Chairman Hruby said we voted last month to support this and asked staff to draft a letter, which he reviewed and has commented on. Ms. Harrington said the letter of support was drafted, revisions were incorporated and is ready to sign. It was emailed to AHAC members on Saturday due to the developers' deadline. Chairman Hruby asked if the county could be consistent with how it sends agenda packets and warned members it may have gone into spam because it was 210 pages. Rather than email, he suggested a download from OneDrive. Ms. Harrington said she expected everything to go more smoothly next time and noted they only have one staff member supporting this. (She read the letter to the AHAC after some said they hadn't received it.) A discussion ensued about density and zoning and Mr. Bosi told the AHAC. • If the building were to be razed in 15 years, the PUD amendment would still allow a developer to build 215 units on 6.15 acres. • The development standards allow for what's being proposed to be in perpetuity unless the PUD is amended. • The hotel will be converted to affordable, luxury, Class -A studio apartments. • Restrictions included within this proposal will be maintained within the PUD. Ms. Waller made a motion to approve signing the letter of approval for Styx Companies' Golden Gate Inn conversion proposal. Seconded by Mr. Lyon. The motion passed unanimously,10-0, Vice Chair Faron abstained due to a conflict of interest (a Form 8B was provided last month). Chairman Hruby said he will sign the letter and staff will send it. Action Item: Look into OneDrive or Drop Box to send communications to the AHAC due to problems with receiving them or large emails eoing into seam. c. LGAO (Local Government Area of Opportunity) Application Presentation (S. Harrington) Chairman Hruby told the AHAC this involves three projects vying for the Local Government Area of Opportunity designation. The county must select one. It's AHAC's obligation to make a recommendation to the County Manager, who will make that award. This is a serious obligation. He asked if anyone had a conflict of interest or discussions with any applicants about the projects. Commissioner Hall said he may have spoken once with McDowell about the Ekos project. (A McDowell employee later clarified that the commissioner had only spoken to them about another project, Ekos on Collier Boulevard, not this project) Chairman Hruby said he had a perceived or real conflict of interest. He chairs the Collier County Community Land Trust Board of Directors and McDowell has two projects it's partnering with, so he'll recuse himself from a vote on that project. When the AHAC discusses it, the County Attorney recommends that he leave the room. Vice Chair Faron cited concern over voting on the projects when she never received the 210-page email packet, which went into spam. Given the gravity, she would have preferred to have the packet more in advance to properly review it. We need more time than barely 48 hours. She's concerned about the AHAC's ability to make good judgments. She understands they'll listen to presentations, but asked why it couldn't have been provided earlier. She read 20 pages. Chairman Hruby noted the applications weren't received until Friday. Ms. Harrington said the deadline for applying was noon Friday and it takes time for staff to acquire and to combine the applications and review them, add them to the agenda and send information to the AHAC. Some portions were sent via OneDrive. Vice Chair Faron said she understood and asked if they had to vote today. Ms. Harrington said yes, due to developers' deadlines. To meet deadlines, they need a recommendation. A discussion ensued and the following points were made: • The deadline to send a recommendation to the state is September 12. • The county manager must review them after AHAC's recommendation. • AHAC members were concerned about making a good decision within a tight deadline. • In the future, they'd like earlier application deadlines. Chairman Hruby told the AHAC: • We should let them go through their presentations. • If you're satisfied and comfortable with discussing them and voting, do it. • If you're not, and you're willing to come back next week, you can take three or four days to review them and discuss them and vote next week. Mr. Giblin told the AHAC. 0 This is the first time we've ever run a system like this. The state just implemented this program two years ago. • The way the tax -credit system works is the state makes rules in spring/early summer and releases its low-income housing tax credit, NOFAs (Notice of Funding Availability). We don't know when they're going to release those, and state application rules change yearly. • Once they're released, local governments must act quickly. • This year's rules say we need to come up with a mechanism to take advantage of as much tax credit money as we can for our local government. • The timeframe between when the state released its final application to when we publicized this on July 19 to give applicants adequate time to prepare applications will always be an accelerated timeline. • As a result, in 2021, the BCC relegated this to an administrative decision by the County Manager. The BCC realized there's no time to collect applications, send them to the BCC for review and then make an award. • Last year, these went straight to the County Manager for a review and decision. • This year, we decided to have a more open public process, presenting them at a public meeting and inviting applicants to make presentations. • There will always be an accelerated timeline when it comes to this funding. Vice Chair Faron suggested that in the future, they take the time off the developers' timeline, not the AHAC's. Developers are used to crunch time. It's two to three days. Chairman Hruby said they have a solution to that and asked the presenters to address the scoring criteria and points. We need you to convince us that you're entitled to the points on the scoring system to make our jobs easier. a. NuRock Acquisitions LLC — Residences at Seminole Crossing (Paul Greilich) i. 80 units: 100% affordable, between 33%-60% AMI ii. Immokalee iii. Affordability Period of 99 years Mr. Grelick told the AHAC. • We're a fully integrated development construction management company with 30 years of experience in affordable housing development. • We've built about 17,000 multifamily units in Georgia, Texas, and Florida. • In Florida, we have 10 projects that are completed or in the pipeline. • The 9-acre site is located just south of downtown Immokalee, on First Street and School Road, just west of the Seminole Casino Hotel, about 20 miles from here. • The site has excellent visibility on First Street, a corner location, and is heavily wooded and vacant. • It has excellent access to the CAT system locally and regionally. • There's a very strong demand for affordable housing in the Immokalee submarket. There hasn't been a 9% family deal funded since 2008, 15 years with no development like this. • There's a high priority in this location. • We're proposing 80 new units between 33% and 60% AMI, 56 two -bedroom -two baths and 24 three -bedroom -two baths. • The average square footage is 850- and 1,025 square feet. • Rents will be $47041,100 for two bedrooms and two baths, and $546 and $1,200 for three twos. • We're proposing three 3-story, garden -style buildings with surface parking and a heavy emphasis on amenities. • We'll have a freestanding clubhouse and pool area with a cabana. The clubhouse will contain common space, including a reading room, lobby, leasing area, management offices and space for residents to gather and socialize. • Zoning is in place. The site was approved by Ordinance 08-53 for 140 multifamily units, but we're proposing less. We're within the approved ordinance's allowable use, density, and dimensional criteria. • Within the CAT system, we anticipate 15 proximity points, well over the requirement for Florida Housing (Finance Corp.) in 2023-201, the RFA. • Groceries, medical services, everyday essentials, schools, and other things are very close to the site, which is centralized in Immokalee. • It's across the street from Immokalee's largest employer, the casino, which has 900 employees. That's a hub of activity and economic activity in Immokalee and is a regional draw. • We'll preserve a little over 3 acres of trees and wetland onsite and preserve it in perpetuity. The development will be clustered toward the north portion. • There's a robust package of resident programs — financial counseling services, career counseling, resume preparation, academic programs, and after -school support — all free to residents. • All buildings will be Florida Green Building Coalition certified. • We believe this could be a catalyst project for Immokalee, with our level of investment and it would stimulate energy in the local economy, attract new businesses and residents. • The main drive is off School Road, with three 3-story buildings and a centrally located pool, clubhouse, and cabana. • We tried to be mindful of what was approved by the zoning ordinance and didn't deviate substantially. We wanted to respect what the commission and community envisioned and build on that. • Units will feature balconies and a very efficient design. We'd work with county staff to determine preferred aesthetics, architecture, etc. • The development timeline. After submitting it to Florida Housing, we'd work through the obligatory challenge period, invitation to credit underwriting and get this started as expeditiously as possible. • We understand there's an immense need in Collier County to deliver units by mid- to late-2025. • In Florida, NuRock has 10 projects, eight completed and two in the pipeline, including a 9% tax credit deal from the last cycle that we won in Broward County. Chairman Hruby asked to hold questions until after all presentations are completed. Ms. Harrington asked Mr. Grelick to provide a quick summary to assist AHAC for scoring evaluation criteria, the number of units, total percentage of AMI, the range you're going to be targeting, anticipated completion date, and the length of time for perpetuity for affordable housing. 10 Mr. Grelick told the AHAC: • 80 total units. • 100% are affordable. • Between 33% and 60% AMI. • The affordability period would be 99 years. • Estimated completion and the final CO would be October 2025. • For the 10% commitment to the at -risk population, we're committing 10% ELI (Extremely Low Income) units, with a preference for special -needs units. • Maximum economic impact. This could be a game -changer for Immokalee in terms of the investment it would bring, the economic growth it could stimulate, and it could be a big project. • To leverage funds, we reached out to the Immokalee CRA because there's potential for a partnership and we'd work diligently with them to leverage funding and create a partnership. i. National Development of America Inc. — Casa San Juan Diego (John Raymond) i. 52 units: 90% of units at 60% of AMI and 10% at 33% AMI ii. Immokalee iii. Affordability Period of 99 years Mr. Raymond told the AHAC. • We've submitted LGAO applications for two county sites. • Which is needed the most? Without this designation, it's extremely difficult to get a 9% award without the LGAO designation, so it's which project you want to fund. • National Development is based in Fort Myers and has been developing affordable housing in Southwest Florida for the last 40 years. • We have several active projects in Florida, Texas, and Louisiana. • The land for both projects is owned by the Diocese of Venice and will part of the deal. • Casa San Juan Diego is zoned for 80 units; there will be 56 in the initial phase. • Ability to execute and get funding. We were just awarded a $40 million CNI (Choice Neighborhood Initiative) grant by the Lake Charles Housing Authority in Louisiana. We also have a partnership with the Waco Housing Authority in Texas for 648 units. We have five projects under construction in Southwest Florida, four of which are Florida Housing projects. The fifth is a public -private partnership with the City of Bradenton and Manatee County to develop 137 workforce housing units downtown Bradenton. • We have several applications in process with Florida Housing Finance Corp. • The project is in Immokalee, behind Our Lady of Guadalupe Church, which is at the intersection of Hancock Street and Boston Avenue. • We presented it last year. Both roads are county roads and don't meet right-of- way requirements for county maintenance due to significant damage and potholes. Boston Avenue is a gravel road, so we'd be improving that road. • The purchase and sale agreements are in the application. • The project will consist of 52 units, 90% of which will serve 60% AMI or less, 11 and 10% at 33% AMI or less. • We're committing to 99 years of affordability. • With the church's involvement as general partner, they're committing that as an eternal affordable housing commitment. • Although there are churches involved, the limited partner will be a for -profit entity, so the project will pay taxes, and everything will follow the same federal Fair Housing guidelines as other affordable -housing projects. • Our team. Fort Myers -based Brooks and Freund is the general contractor. They recently completed a 233-unit project for us in Lake Charles, Louisiana, and they're now under construction for a 136-unit new construction tax credit project in Fort Myers. • For property management, we work with NDC Asset Management in Bradenton for all our projects. They're currently managing 10,000 units across the East Coast and the Southeast. They effectively manage everything we've built. Mr. Raymond discussed scoring: • Debt coverage and financial viability. We're projecting a 1.24 debt -coverage ratio, which gives us some room with the current interest -rate volatility. In the last week, we're up 25 basis points on the 10-year Treasury, so it's a challenge. • Prior loans with Collier County. We've never received an LGAO from Collier County. We received preliminary awards for grant funding on Casa San Juan Diego that were contingent upon a Florida Housing Finance award in the sale tax credit round, but we never finalized those awards. We completed the preliminary financial review and were approved. • Initial budget. We currently have 400 units under construction in Southwest Florida. Brooks and Freud has over 1,000 under construction in Southwest Florida. We feel good about our numbers, but we're a long way from finishing the project. It's a cautionary tale with where the market has been. We're less volatile than 12 months ago, but it's an unknown battle. • Everything we build is all block construction; we don't do stick. Block has been a challenge lately, especially with new insurance requirements and impacts of Hurricane Ian prompting more robust construction. • Resident programs. We'll have full services, an onsite clubhouse, after -school programs for children, adult -literacy, and financial management programs. The adjacent Our Lady of Guadalupe Church has an onsite food bank that will be available for residents. In our previous Catholic Church projects, they've assigned members to provide counseling that's not on the property's P&L. • Unit development amenities. The clubhouse will have a full computer lab and lounge, there will be a large recreational field and a concrete court for games such as basketball and speed soccer. All units have a free Energy Star -rated washer and dryer. • We're following all the Florida Housing Finance Corp. Guidelines and certifications. • Commitment to at -risk populations. We're committing 10% of units to extremely low income, at 33% AMI. This will serve the family demographic. We will look for additional special needs but can't violate federal Fair Housing guidelines for the demographics required by the state. 12 • Economic impacts. For affordable housing, anything that lowers the cost burden on a family and provides a home and long-term stability is a major impact on a family. They're not forced to move, they're not wary of massive rental increases or home conditions. This provides a long-term home base to set up their families for growth and success. • Proximity to services, transportation, and employment. We're within walking distance of Pinecrest Elementary School, there are numerous pharmacies nearby and full medical services. They're not within walking distance in the summer, but we're adjacent to CAT transit, which provides access to everything. There are multiple grocery stores, both regional chains and local grocers. • Leveraging and other funds. We have a letter of support from the Immokalee CRA. Once we get an award, we'll work on furthering that support. We have numerous other projects that have CDBG and HP (Homeless Prevention) funds. We'll explore other avenues to best serve this project and community. • We meet all Florida Housing application requirements, and we'll agree to all the loan terms. • The site is just south of Main Street and 9th Street and downtown Immokalee is just northeast of it. The initial site plan shows 80 units, with 52 units in Phase I. [The AHAC took a 10-minute court -reporter break from 10:13-10: 23.] j. National Development of America Inc., St. Agnes Place i. 56 Units: 90% of Units at 30% AMI and 10% at 33% AMI ii. Naples iii. Affordability Period of 99 years Mr. Raymond told the AHAC. • National Development is based in Fort Myers and has been developing affordable housing in southwest Florida for the last 40 years. • There are many similarities among some of the 9% projects with regards to the energy efficiency requirements and our in -unit amenities are similar. We're providing Energy Star -certified washer and dryers for every unit, as well as appliances. • The major difference with this site is it's more in town, off Collier Boulevard and Vanderbilt Beach Road, immediately adjacent to St. Agnes Catholic Church and across the street from Winn -Dixie. • Proximity to services. We're across the street from a major grocery store and Max Health Primary Care. There are numerous amenities, including top public schools in the immediate area and CAT transit on Collier Boulevard. • With the cost of land in Collier County, as you get closer to Naples, affordable housing deals are more cost prohibitive, but due to our Catholic Church partnership, this site is available. • There are many similarities with Casa San Juan Diego. We have the site, it's currently owned and the development entity has it under control. • There will be 56 units; 90% at 60% AMI or below; and 10% at 33% AMI or below. • The site is currently zoned and we're committing to the 99-year affordability 13 period. • Ownership structure is St. Agnes Place Ltd., and the Diocese of Venice and National Development of America are the general partners. • This is a slightly different structure than Casa San Juan Diego. • Any details missing from this presentation are included in the application. • This is a protected 1.2 debt coverage ratio: we're at $12.3 million in hard costs. • This will be a mix, 50% two -bed, two -bath, and three -bed, two -bath units. • Construction budget. We're using similar numbers to Casa San Juan Diego and our current Southwest Florida projects. This is a much smaller site, so our site work number will be lower. We also don't have to improve two off -site roads, as we did with Casa San Juan Diego. • Resident programs. After -school programs for children, adult literacy programs and financial management programs. Additional services will be provided by the church; there is no food bank onsite. • Amenities. All units will have cable and internet available, free washer and dryers and all Energy Star appliances. There will be a clubhouse with a lounge and kitchenette and a computer lab available to all tenants. • Proximity to public services. Oak Ridge Middle School is a mile up the road. Walgreens, Max Health Primary Care, Collier Area Transit and Winn -Dixie are all available immediately across the street off Collier Boulevard. k. McDowell Housing Partners, Ekos at Golden Gate (Bill Zunamon) i. 96 Units: 15.6% of units at 30% AMI; 9.4% of Units at 50% AMI; 28% of units at 80% AMI ii. Naples iii. Affordability Period of 99 years Mr. Zunamon told Commissioner Hall that he hadn't spoken to McDowell about this Ekos project. That was Ekos on Collier Boulevard, so there's no conflict because this has never been presented to anyone here. Mr. Zunamon detailed McDowell and the project. • McDowell Housing Partners focuses on workforce and affordable housing. • We have three projects in Collier County, one that is scheduled to open for occupancy in October, Harmony, which is a partnership with the county via land lease. And Allegro and Cadenza, sister projects, both of which have 160 units for senior and elderly housing funded through the Florida Housing SAIL (State Apartment Incentive Loan) program. Those are expected in February 2024 and October next year. • Cadenza is our latest project. • This project is Ekos at Golden Gate, with 96 units. It's on Golden Gate and Wilson boulevards. • The mix is 36 one -bedrooms, 42 two -bedrooms and 18 three -bedrooms. • What we noticed from Harmony on Santa Barbara is the need for not just one - bedrooms, twos, and threes, but more importantly, an income average. We have a range from 30% to 80%. After speaking with staff, in between there, we have 50% and 60% units. What we're running into as an issue on Harmony is we 14 have 30, 60, and 80, and 50s is an underserved population here, so we're trying to maximize and allow every AMI to be achieved. • The project is in a Geographic Area of Opportunity, a small, difficult development area. • The 9% RFA has three goals that will be awarded for a family development located in one of these areas. We selected this site because it will achieve two of the six LGAO awards and an additional three. • It's very difficult to win a 9% award, so giving yourself three extra chances gives the county three extra chances in terms of what site to select. • The site plan will be through the Live Local Act and is commercially zoned. All project threshold criteria were signed off on, including zoning. This uses what we've learned from the Live Local Act process, under RM-16 standards and max height of three stories, which considers the area. • Construction type. Four three-story concrete block buildings. Anything built in Collier should be concrete, given the hurricanes and insurance costs. • Amenities currently include a pool, fitness center, clubhouse, media room, pavilion area and dog park. • Timeline. The expectation of Florida Housing is the application will be in September, followed by a litigation and challenge period. Invitation to credit underwriting is expected in January, with the financial closing a year later. Anyone who doesn't close within a year from the invitation to credit underwriting will face Florida Housing Finance penalties. We expect construction will be complete by May 2026 and the project stabilized by December 2026. • We qualify for the maximum number of goals the 9% round is awarding. A huge factor of Florida Housing scoring is leveraging. At 96 units, the way leveraging works is how many credits you're requesting divided by units, among other factors, including concrete, which increases leveraging. The unit count guarantees we'll be in Leveraging Group A of the two group levels. • All other information is in the application. [Chairman Hruby left due to his conflict and turned the meeting over to Vice Chair Faron.] Ms. Harrington suggested that the AHAC review the selection criteria and if there are any questions, they can ask the applicants to come back to answer them. Ms. Harrington reviewed the selection criteria, telling the AHAC: • 10 points — applicant's development and construction experience. • 5 points — experience and quality of the development team. • 5 points — applicant's management experience, or experience and quality of management company. • 5 points — financial feasibility to complete and operate the project, including but not limited to, cost estimates, cash flow, debt -service coverage ratios, percentage of public monies requested compared to project cost, leveraging of public resources, including the requested county loan. 15 points — Applicant's performance and or compliance, including any prior 15 defaults of any prior loans or contracts with Collier County. This is Kristi Sonntag's area of expertise. • 5 points — The reasonableness of the cost of the project for the development. • 5 points — Resident programs. • 5 points — Unit and development amenities. • 5 points — Energy efficiency. • 7 points — Commitment to set aside at least 10% of the units in the development to an at -risk population such as homeless, seniors, special needs, etc. • 3 points — Maximum economic impact. • 10 points — Developments that provide a lift to the neighborhood and could lead to additional revitalization and/or neighborhood improvements. • 5 points — Proximity to public transportation services and employment. • 7 points — Leveraging of county funds with other resources that could be used to meet the FHFC required contribution level and leveraging of county funds with other funds to achieve greater impact on the community and neighborhood. • 3 points — Ability to meet FHFC requirements for the contribution to be part of the permanent financing with minimum loan term. A discussion ensued and the following points were made: • Staff reviewed applications but haven't filled out a scoring form. • It doesn't seem fair to vote on these now, with how little time they were given to review the information. • They're used to being provided with a staff review and recommendation. • Planning Commissioner Shea said he'd abstain because he doesn't believe his vote will help County Manager Amy Patterson make a decision that's fair to the applicants. • Ms. Waller said she's on a grant review committee and is used to tight timelines. • If scoring is 5 points and they don't believe it deserves the maximum 5, they can mark it 3 or 2, etc. • Ms. Harrington agreed they had valid concerns. • Staff has had no time to meet to review applications and does not have a recommendation now. • Mr. Giblin said this is no different from the annual grant application cycle involving CDBG, SHIP and HOME funding applications. Those go to a review committee and staff have no influence/input about how to score applications. • Ms. Sonntag noted the process removes staff from the decision and allows the advisory board and committees to make recommendations to the county manager. • Mr. Felke said he does this in Lee County, but his concern is that the timeline is very short. He appreciates the open and transparent process but didn't expect to have to vote today. • Mr. Giblin said the AHAC could make a recommendation and say they've heard all the presentations, and all seem eligible, none are ineligible and staff and the county manager can make the decision. • Vice Chair Faron agreed they're all viable, we're comfortable with any getting funding and the county manager can make the decision. 16 These are all the applicants who applied. All met the deadline and they're listed in the order they were received. They still have questions for applicants and asked about the process. Ms. Harrington told them to listen to presentations, discuss questions for applicants and if they feel comfortable, make a recommendation. If they don't feel comfortable choosing one, they can recommend that all projects are eligible for review by the County Manager's Office. The AHAC decided to ask applicants questions in case that changes their recommendation. Mr. Grelick answered questions about NuRock's Immokalee project and the following points were made: • Zoning is in place, RM 16, a 2008 rezoning. Staff confirmed the re -zoning and ordinance are still valid. • Free resident services are provided as part of the overall management budget; they're part of the operating cost. • Rents will pay for management staff and administration of resident programs. • We have an onsite, full-time professional management staff with decades of experience administering programs. • Services will be provided by NuRock, but we'd reach out to local services and organizations to partner if it's advantageous. This sounds like a good fit. • Buildings will receive a Florida Green Building Coalition certification. For a three-story building, it's a home certification. It's a threshold of environmental efficiency and includes low -flow fixtures and toilets, efficient lighting, environmentally sensitive building materials, and how the site is laid out. Preservation of wetlands and trees is critical, so we're implementing a holistic approach to environmental sensitivity. • We'd first elevate the buildings. This isn't in a floodplain, but we'd ensure its above base -flood elevation by at least 1-2 feet to reduce risk. Preserving wetlands onsite is critical to managing stormwater, so we'd retain stormwater onsite. We'd work with the Southwest Florida Water Management District to permit it appropriately. • Construction materials. Concrete -block construction, the most resilient for hurricanes. • 10% (eight units) will beat 33% AMI and the majority will beat 60% AMI. • The 10% would be ELI (Extremely Low Income) units and a set -aside for special -needs units, such as the elderly and veterans. Ms. Roberts asked about performance and compliance of prior loans and contracts. Ms. Sonntag reported that NuRock has no contracts with Collier County and hasn't applied for any. That would be a score of 0. Mr. Raymond answered staff and AHAC questions about National Development of America's two projects and the following points were made: 17 • There are two types of resident services. Core services are required by Florida Housing and are provided by our management team and local volunteers. In Bonita Springs, at their Pueblo Bonito, the Boys & Girls Club is onsite and other local volunteers come to work with them or onsite with kids. One of their vendors volunteers to provide financial management programs and the Diocese of Venice provides free services, such as a food bank, counseling, financial services, food scarcity, etc. • Casa San Juan Diego's proximity to the wastewater plant is a few hundred yards. The buildings are all in the northeast corner of the site and as part of construction, the pond is in the southwest corner and there also will be berm and landscaping buffers. • The Immokalee project is zoned RM8, with an available Affordable Housing Density Bonus. • At St. Agnes, zoning is part of the master plan development with the original church. The overall site is about 50 acres, which allows for 56 units. • Which project would score better? Both are eligible for base scoring. Casa San Juan Diego doesn't have goals associated with it. It's in a CRA, but it's not a goal this year. Without an LGAO, that application may have a 1 % chance. St. Agnes is in a Geographic Area of Opportunity, so that has the LGAO goal tied to it and would further bolster that application. • The decision between the two comes down to what's best for the county and community. They're both big priorities for us. Only one out of these four will be funded, regardless of the LGAO, because there's a county tally as well. Ms. Sonntag reported that National Development of America applied two years ago for HOME funding, which was awarded, but they haven't exercised that option. In the past, they have rescinded grant funding awarded to them. Mr. Zunamon answered questions about McDowell's Ekos at Golden Gate and the following points were made: • The cost of resident services is included in operating expenses. The cost is accounted for under revenue and management services. • There are Florida Housing requirements that at least three of these programs be implemented. We always implement a minimum of three or more at some projects. • HELP will assist our Collier projects moving forward and provide direct assistance to elderly residents. • We always look for further opportunities and will continue to search for as many opportunities as possible for residents. • AMI is 30%-80%, but 15% are at 30%, an additional five, which is a requirement when doing average income. We also specified units at 50%, 60, and 80 to encompass as many ranges as possible. • Zoning is C4 or C3 and it's already been presented to Mike Bosi, who signed off on the zoning form. It's commercial, but with the Live Local Act, you can go straight to an SDP. • Timeline on FECO. Stabilization will be by 2026. Given an assumption of invitation to credit underwriting by January 2024, they expect to close in 18 January 2025 on construction financing. A conservative construction timeline is about 16 months. Ms. Sonntag reported on McDowell's compliance with prior county loans/contracts: • McDowell won an RFP with the county in 2019. They were awarded land for the project on Santa Barbara. • McDowell also received a SHIP award and turned back that award. • McDowell also is partnering with Community & Human Services to adopt a meals program for senior residents at the Allegro. They modified the kitchen and did whatever was needed to have a hot breakfast and lunch program for seniors. • McDowell also has an American Recovery Plan award for part of their impact fees that was awarded under Amendment 8 that the BCC approved last month. They're awaiting their agreement with the county and opted to take that as a loan versus a grant and will be repaying that at year 15. The AHAC discussed scoring criteria and other issues and the following points were made: • Proximity to public transportation is not the same as public transportation access. Two proposals are a half -mile away from a public transit stop, but if they had to go to work downtown, that's a two-hour trip by public transit. • The county developed its scoring criteria using best practices used by other Florida municipalities, cities and counties, and staff also reached out to the Florida Housing Finance Corporation. Acting Chair Faron told the AHAC and applicants: • The presentations and discussion are a critical part of the process. • We all have various levels of expertise and education, but don't feel qualified to score one today. • We've heard them all and all are in compliance, so we think all four are viable candidates for this funding. • We would recommend that County Manager Amy Patterson and her staff make the best recommendation with our support of all. Planning Commissioner Shea said their vote should qualify that we haven't done extensive reviews of the applications because we didn't have enough time. Acting Chair Faron told the AHAC. • Either you have the experience, or you don't. She won't rate an applicant based on 15 years versus 20 years of experience. • Some scoring points stand out, such as proximity to public transportation, AMI levels, resident programs, etc. • Some could elevate applicants beyond the scoring sheet, but she doesn't feel they're qualified to do that and don't have the time. • In the interest of time, we should take a vote to recommend these projects for consideration by the County Manager's Office and her staff, and we don't have any objections to any based on our cursory review and the presentations, which 19 were very well done. We should allow the county staff and her team to make the best decision based on what we give her. Planning Commissioner Shea made a motion to say the AHAC has reviewed all four LGAO applicants and all are eligible, none are ineligible, the AHAC does not have sufficient time to select the top applicant; and the AHAC recommends that County Manager Amy Patterson and her staff make the final decision. Seconded by Planning Commissioner Lyon. The motion passed unanimously, 10-0; Chairman Hruby abstained and was not present inside the boardroom. Ms. Waller asked if they had to tell the applicants what the next steps are. Ms. Harrington said they'd put it in writing, and she'll speak with Acting Chair Faron after the meeting. [Chairman Hruby rejoined the meeting at 11:10 a.m.] [Mr. Lyon left the meeting at 11:12 a.m.] d. Affordable Housing Monitoring Spreadsheet/Map (S. Harrington) Ms. Harrington displayed a map and discussed the spreadsheet. • The map displays all the approved affordable housing developments. • At the top on the left-hand side in the map legend, there are three circles with colors. The white circle with a number sign that's colored yellow has ESP (essential services personnel) preference; the blue circles are approved developments that have done payments in lieu. • The map shows approved affordable housing developments spread throughout Collier County and the variation. There is east to west coverage and north to south coverage. • There's an Immokalee insert. As projects/developments are approved, they will be updated and put on the map later. • When you look at the map, there's a number in a circle. To learn more about an individual development, there's a map legend and you can find the development name and address. That was done intentionally because apartment names change. • Having the apartment names on a separate legend allows the map to be accurate for longer and locations are less likely to change than apartment names. A discussion ensued and the following points were made: • This is tied to staff s matrix spreadsheet. • This is not interactive. It's a hard copy map so staff can ensure it's accurate, standalone and can be used with the map legend. • You can use the matrix to look up an apartment complex, how many units it has and how many are affordable. The matrix will allow monitoring. • The map and legend are ready to go live; there's no date yet. The county is working with its GIS and IT team, but some employees are out of the office. • The county is working with GIS to try to make it an interactive map and will bring that back to the AHAC when it's ready. • The county is working to calculate the total number of units. 20 • At the top left of the map, there are numbers behind it that tell you the number of approved developments in each district. In the future, it will show the total affordable -housing units. • It now shows there are affordable housing developments throughout Collier County. This took teamwork, many employees to ensure accurate information. • A lot of people will be looking for this. • It will dispel the urban myth about affordable housing in Collier County, that it's all in one district • Some of these maps are expiring. This map will be updated annually and affordable -housing developments that are no longer active will be removed. • When you click on the information about affordable housing, it will tell you where to start and when the period you need to explore is. • It would be good if you could get all the information you need about that site to properly evaluate the affordable housing project. • The term of affordability should be clear. That would be a very applicable piece of information for an online interactive map. • For developments such as Rivergrass, the payment in lieu of goes to either the Trust Fund or another count funding source. • For Rivergrass, commissioners allowed them to make the contribution directly to a housing trust held by the Community Foundation of Collier County. For all others, the money comes to the county, mostly for the Trust Fund, and Kristi Sonntag runs an annual application cycle to distribute the money, which can only be used for affordable housing. 5. PUBLIC COMMENT Michael Puchalla, executive director of HELP and the Collier County Community Land Trust, told the AHAC. • HELP is the only HUD -approved local housing counseling agency. • There were conversations today about wraparound services and financial education. This is an important time for the community to understand some resources available for homeownership. • Many employers are struggling to retain and recruit employees and we've gone through a lot of economic turmoil due to the pandemic and hurricanes. • We're promoting our Home Buyer Academy, which helps people understand where they can improve credit, how they can become mortgage -ready and understand what resources HELP has to engage in home ownership. • We have SHIP down -payment assistance funding available. We can guide people through the application process. • The Hometown Heroes program is being codified through the Live Local Act and some of these funding sources can be layered. • We're strongly encouraging people to reach out. The website is floridahelp.org, where there's an application. • We're holding a Homeowner Education Workshop with NABOR from 5-7 p.m. Wednesday, September 13. It will be a brief conversation about these topics and will cover how people can become more educated. How can they take that first step to reach out to understand what steps to take toward home ownership. It can seem completely unattainable right now. We want to ensure people know where 21 resources are available and how to access them. • We encourage everyone to reach out to our free service, engage with one of our counselors, or come to our workshops. • We offer online home buyer education, an important step to engage in these resources. Jacqualene "Jackie" Keay, new director of The Journey Home, told the AHAC: • We're a veteran -based organization and our mission is to end veteran homelessness. • We want to catch vulnerable veterans before they become homeless. • Her frustration is that we have funding on the backend to help veterans, but the most difficult challenge is finding housing they can afford. • She's been advocating for affordable housing for three to four years and is frustrated because everyone is working in silos. There are so many people with their own ideas, agendas and egos that get in the way. • We have to look at our resources, bring them to the table and see what works for the majority. • She's looking for solutions and is working with an organization and community members who are very concerned about what's going on. We're looking at country clubs that need staff. We're getting them to buy in. • We don't want to say anything official yet, but we want to buy into these housing projects and work with local churches, which have a lot of property. Many want to get involved in legacy projects. • One of the biggest challenges is finding property and working with officials and people in the industry to work on housing, density and putting it together. • The biggest challenge is land, and we have that option, so we're looking to partner with the local government and officials who want to solve this problem. • Some people do not want to solve it. Some think it's too great to solve. There's no such thing as an unsolvable problem. It's a matter of bringing the right people with the good intention of solving it, bringing the resources to the table, shuffling them around and doing what's best for the community. Chairman Hruby asked if it was a 501(c)(3). Ms. Keay said she's not sure what we are now, but we have a lot of wealthy country clubs and wealthy community members who are ready to put their money to work. [It's an LLC, a Florida dba of the Randolph County Veterans Shelter Inc.] Planning Commissioner Shea said when you're ready, can you come back and make a presentation about how you're organizing? That's the part of the community we need to tap into if we want to solve this problem. Ms. Keay said she definitely will and told the AHAC: • She checked with The Journey Home yesterday and we're looking at putting a letter together. • We're looking at country clubs that are willing to invest money to buy units before a shovel goes into the ground. • It's a matter of us bringing these resources together and leveraging them. 22 We're looking for bankers willing to take on this project, but we do have a bank that's willing to finance our projects, which are completely affordable housing. We have country clubs willing to buy in and buy the lease or buy apartments to rent them out to employees. We're looking at churches that are willing to donate land or work with us as a legacy project and get incentivized for doing that. Churches have a lot of land here and some are willing to be partners in solving the affordable -housing crisis. Chairman Hruby said that's a unique niche market that nobody else he knows of is tackling, so good luck. Ms. Keay said they don't need luck, we have God. She thanked them. 6. DISCUSSION ITEMS a. AHAC Revised Work Plan Overview (S. Harrington) Ms. Harrington said the hard copy of the 2023 annual work plan includes all changes made since the last meeting; they're highlighted in yellow. The first is July 18. Vice Chair Faron said it should say today's date. It should be updated for each meeting and have that meeting's date. At the top, it says as of April 25, but that's when this was initially implemented and worked on. Her intent was that the work plan would be as of the date we're discussing it. Whenever we set goals, it's not as important as the date for the current status, so she suggests April 25 should be August 15. A discussion ensued and the following points were made: • The August 22 NIM involves a Growth Management Plan Amendment and a Planned Unit Development. (Updated due to information provided later by Mr. Bosi.) The amendment is to expand an industrial zoning district and will not involve affordable housing. • The NIM scheduled for September also does not involve affordable housing and is related to increasing building height in a commercial -residential -industrial project. • The AHAC wants to be alerted to NIMs with an affordable -housing component. • Mr. Bosi explained that whenever we get a Growth Management Plan Amendment associated with a PUD and a developer asks to go beyond what the GMP allows, the BCC requires that if you're asking for more density, affordable housing should be provided, and staff will ask for it. • The developer presents GMP and PUD plans and through staff review, we ask for additional affordable housing at 22.6%. That's the BCC policy. • An AHAC member will attend a NIM to provide information/comments. • The AHAC September meeting will focus on working on the annual Housing Incentive Strategy Report. • The priority is for staff to complete that task by the next meeting. • The third change added the Florida Department of Commerce. • The fourth change specifies that it's providing updates from the July meeting and moving forward as applicable. That will be covered later in this agenda. • The next item is to have the LGAO applicants present their projects; we just completed that. • The next adjustments are to incorporate that there's been no change in these 23 topics since the previous meeting. • Vice Chair Faron noted that what's missing is an action item from last month, the AHAC Strategic Work Plan Subcommittee making a recommendation on a policy for sale or disposal of county -owned property. That can be No. 10 for next month. • The county's priority is to complete the annual Housing Incentive Strategy Report. If time allows, we can work on a policy for the sale or disposal of county property. • The document says "draft." That word should be removed. • The annual Housing Incentive Strategy Report should go to the BCC for approval in November. Last year, it went to the BCC in December, so the process is starting now. Cormac and Sarah started working on it this week to formulate it and get it before the boards before then. • The AHAC would like to review it as soon as possible. Action Item: The county will work to complete the annual Housing Incentive Strategy Report and discuss it with the AHAC at next month's meeting. Action Item: Staff was asked to schedule an AHAC Strateeic Work Plan Subcommittee meeting to ask the BCC to set a policy for disposing of the five surplus properties. Action Item: Remove the word "draft" from the Work Plan. b. Housing Forum Workshop Dates (S. Harrington) Ms. Harrington told the AHAC dates for a half -day housing forum workshop on the Live Local Act were sent out by email on July 26. A discussion ensued over the dates and AHAC members settled on 1-5 p.m. on Sept. 20. A discussion ensued and the following points were made: • Agenda packets were emailed out based upon the publicly posted AHAC email list. If there's any incorrect information, please review it and update it. • Several AHAC members aren't receiving emails, or they went into spam. • Developers who work with the county should be invited to the Housing Forum Live Local Act workshop. • AHAC members can suggest developers to invite. • Developers the county works with, developers who presented today and others in the county queue should be invited. • The agenda is still pending. • The meeting concept is that in light of the Live Local Act, the county has met with many developers interested in using the Live Local Act, but they're running into similar roadblocks in terms of using the RMF 16 land -use regulations on sites proposed to be converted to commercial. They don't fit and don't work. Our requirements don't fit on sites to make them viable, even with the Live Local Act. • The goal is to get everyone in a room to determine if there are commonalities to their obstacles, such as parking, water management, setbacks, etc., and see if recommendations could be made to amend the LDC to accommodate the Live Local Act. 24 • The AHAC wants to ensure that staff, including Mike Bosi, attend the workshop. • AHAC members will email recommendations about attendees to staff by Friday. c. DSAC/AHAC Committee Update (S. Harrington) Ms. Harrington said the AHAC liaison who will be a non -voting member of the DSAC went to the DSAC for a vote and was approved. It will now go to the BCC for approval. Vice Chair Faron said she's been going to the DSAC meetings as an audience member for the past few months and is happy to continue unless somebody else wants to do it. It's a worthy connection for us. d. ADU Update (M. Bosi) Mr. Bosi reported that the scheduled NIMs in August and September don't involve any affordable -housing components. (This information was added to the discussion in 6.a.) Mr. Bosi reported on the status of the ADUplans: • We originally scheduled a public information meeting for September 13 at the North Collier Regional Park but are canceling that date. • Instead, we will have three public information meetings at North Collier Regional Park, the Lely South Regional Library and Golden Gate Community Center. • We were instructed to employ Metro Meter a real-time result -surveying software program that works with smartphones to get real-time data and responses for survey questions about the public's preference on being able to rent out guest houses and renting them out if they're income restricted. Questions also include tenure and what the length of time for rentals should be. • We probably will schedule the meetings for mid -October, and they'll be on successive weeks so we can cover the Urban Estates in three general locations to make it more convenient for property owners to attend and provide feedback. • We'll bring the results to the AHAC and let you know about their preference for renting out guest houses to anyone or if they want an income -restricted program. • The AHAC can make a recommendation to the Board of County Commissioners. The BCC asked us to find information about the community's preference before we can start a Land Development Code amendment process. We need to get property owners' preferences about how they'd feel about the proposal. That's our strategy. • We already established survey questions. • We're going to send 3,500 postcards to individual property owners to publicize the three public information meetings to solicit input. • We're hoping to bring that back to the AHAC for the November agenda and will ensure you get it well before the weekend before the meeting. Ms. Waller asked if the county was considering the ADU proposal in other areas. Mr. Bosi said that's not the direction the Board of County Commissioners provided. Mr. Bosi reported that: • The BCC indicated they wanted to see what the climate was related to the Urban Estates to see if that was something they could get going, and if it was a success, 25 they may consider other areas, such as the Rural Estates or any zoning district that would accommodate guest houses or guest suites. The only place it could work within the single-family zoning district is the RSFL RSF1 means one unit per 1 acre. One acre is the minimum lot size, so that's another zoning district within the urban area where ADUs could be successful. The BCC hasn't asked us to expand it to that, but they want to see if Urban Estates property owners are interested. e. Surtax Update Recent Activity (S. Harrington) Ms. Harrington reported that we've had one presentation request for surtax funds, so far, and the consensus was that it was a development that would not be able to receive a staff recommendation due to the location of the proposed development. f. Live Local Act Update Recent Activity (S. Harrington) Ms. Harrington said if there are any developers considering applying or if they have an idea, we'd be happy to speak with them. We recently had conversations with an employer who wants to utilize the Live Local Act for employees. The employer has drawings, an idea and is further along in the process, so it's very promising. g. Criteria for Project Support Vice Chair Faron told the AHAC. • She's been thinking about how and when we will provide letters of support. It's worthy of a conversation soon about how we can do that. • What criteria are we using? Is it just because it has affordable housing in it and, therefore, we give it a stamp of approval? What about timing? When should we be hearing proposals? • Last week, we heard from Styx about the Golden Gate Inn conversion. They're one week into their due diligence period. • She wants the AHAC to consider this. It's her recommendation to develop an easy process, a set of criteria to evaluate projects that will help us determine whether to provide a letter of support. • Not every project with affordable housing is worthy of a recommendation. It certainly goes through staff, but we should have criteria. Chairman Hruby told the AHAC. • He had an email discussion with Cormac and Sarah about the presentations we heard. • There are three or four simple criteria that could be used to support a project. • Leverage. How many units are you getting for the amount of investment that the county is going to make, and the cost of the investment. • A letter of support is a really good idea. • Location. Is it where we want to be or is it out in the boondocks? • Who is it serving? Where in the AMI scale are we serving these folks? • Those are three major considerations for affordable housing, but he could think of more. • We could use a scoring sheet like we just used to score the development deal. • Mr. French probably has others to add. 26 Mr. French told the AHAC. • His office will not bring the AHAC anything that doesn't serve some level of legitimacy that the AHAC would give good consideration. • He shares all information with the County Manager's Office every step of the way for all projects that come forward. • If there are environmental considerations, we tell the developer why staff wouldn't support that, such as it would not make good planning or environmental sense, the location, or not being able to overcome hurdles with surtax dollars, etc. • We drew you in when we wrote the policy and we want your input, but it's the Surtax Committee's decision and that's what voters wanted. Your input is important, but it's input. It needs to go through the Surtax Committee, where staff will provide good representation. • The County Manager's Office oversees the Surtax Committee through Deputy County Manager Ed Finn and John McCormick, the director of Facilities and Real Estate. • This is more of a real estate policy piece. They're going to seek our advice and ask if it works. That's why we want our input to be valued early on. • Watch the Board of County Commissioners on Tuesday. When the agenda is available, you'll know why. We're bringing forward a project with an intent to negotiate if we can get BCC support. • Also, through The Villages property, through the former Collier Enterprises, which is now Tarpon Blue Companies, we've already pre -negotiated land and have been approached on it. • The county secured the right of first refusal because when it was first brought to the county, we felt the negotiations could have been better in the PUD before it went to the Planning Commission. • Now the county has the right of first refusal to close on that property and work that deal. That allows us to control our destiny and make sure those properties stay in perpetuity for attainable housing. He prefers "attainable" versus "workforce" because every home you live in was attainable with your budget. • There are a lot of staff resources that went into this between Jaime, Mike, Cormac, and Sarah. We're trying to put it all together. • For Tuesday's BCC meeting, we're going to strongly recommend that it takes a surtax route on a couple of fronts from an economic -development perspective and from an affordable -housing perspective. We may be able to tie in some Conservation Collier dollars. • It's a giant property and we're hopeful the BCC will support us. • There's a lot going on, but there are steps we must first take before we can bring it back to you. We're not always going to have fresh items for you to review monthly, given demand, limited staffing, and availability, and getting budgets approved. • This group is very budget conscious because it's tied directly to the general fund. • You have one staff member and he's (French) trying to get you one more. 27 We're working on it. Jaime is under the same criteria. We have a lot of moving parts, but we need the Surtax Committee to support these ideas. Unless we meet their criteria and we can sell it to them, it will be a tough sale. That's why when we bring you an item, it will be vetted, and we'll be seeking your support. Chairman Hruby asked how the AHAC can evaluate and decide what we want to support. That's our goal. Mr. French responded that. • We recognize it will be in a particular price range. • We like staff s idea of offering transitional options as new entrants come into the community, a particular job range, are new to their career, or at a certain income level. We want them to grow and thrive in the communities. By offering options to allow them to keep their kids in the same school district and continue to be near those shops and recreation areas, that's a great opportunity as we look at transitional models. • We don't think the hotel conversion is a bad idea because we'd love to see that. Golden Gate City is probably the last frontier for redevelopment because we've lost so many opportunities. • Immokalee is still very prosperous regarding the ability to grow outside its town boundaries and available lands for development. • There are a lot of sensitive lands, so as you consider these, keep an open mind, and look beyond just the development. What do neighboring schools look like, what's the availability of shopping or recreation, where's the county going with its Growth Management Plan and Future Land Use map? • What's the level of service defined in some of these areas versus what happens when you allow residents to rent guest houses? Can we prevent vacation rentals by those owners? Is that desirable? How do we ensure a good policy is considered that will ensure that happens going forward? Is the investment worth it for a property owner to either get a mortgage or use their own resources to fund construction? • In this market, we have a lot of money chasing very scarce resources, so it inflates costs and time. If somebody will get tied up for 1 %2 years building a guest house, it may not be worth it. The market may change in that time. • Consider a proposal beyond its face value on how it fits in a community and what those available resources are, whether it's buses, schools, parks, etc. • You do an excellent job in asking good questions, whether it's a developer with a great idea or a private landowner looking for the highest and best value for a property and how they can make an impact in the community. 7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS Ms. Sonntag reported that we finished the monitoring for Allura Naples. All 31 units are in compliance, and we did 100% monitoring of all affordable units. Sarah has the report and will make sure it's included with your agenda package next month. We'll include those reports as we monitor so you have them for review. 28 August 15, 2023 what those available resources are, whether it's buses, schools, parks, etc. You do an excellent job in asking good questions, whether it's a developer with a great idea or a private landowner looking for the highest and best value for a property and how they can make an impact in the community. 7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS Ms. Sonntag reported that we finished the monitoring for Allura Naples. All 31 units are in compliance and we did 100% monitoring of all affordable units. Sarah has the report and will make sure it's included with your agenda package next month. We'll include those reports as we monitor so you have them for review. 8. NEW BUSINESS (None) J9"\ 1][411190 Ms Waller made a motion to adjourn. Second by Planning Commissioner Shea. The motion passed unanimously, 11-0. 10. NEXT MEETING DATE 9 a.m. September 19, 2023 Conference Room 609/610 Growth Management Community Development Department There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 12:10 p.m. CO E IkOUSXNG/ADJIISQR' COMMITTEE Steve These minutes were approved by the com ttee on t 'F�023 (check one) as presented ✓ , or as a ended 27 m*m mom MEN -_mkpm, EEO INIMMIZ MEN, Its,, 34 e O O Q Q O L o O E N Q N U >; Q X 0 z O -Ci1 C E C c O Q m m N c— In -0 E c NInin cn Q p U O �, In E 3 - Q U) o D E E Q) o U o � O +' � O Q O O in Qm -C 4- N qO — }(n Z m O O Q N m 0 m N Q N �_ Q o c O O U � .� in 4 a O m U In U) � i V) 00 -C ( Q U : :3 }' c x m O-C L _� 4-U C C E u a� U U r-� U C E N Q O }' U .S U o � c — c a� -C o c C a� E v E um \ OM O v �-0 C _ 0 U U� O C m 9 E \ ) E 2 _e C) / 2 / \ 2 — k c u 3 g ± E e \ o -0 D / \ o 0 § o \ / L > 2 U , 4£ o 2 t m e \ a / � .\ \ o \ E \m� � u U\ 0 k r E k 2 j o -C 0 4 � 3 0 4 7@ 2 I 0) £ G 0 / ± a)° 0 \ ® ± / g / ® y / / \ 2 2 7 / / § / ± / Ln § k C) .o\ a §\®9 / / § •o E 4-10 u > > 0j \ % E 2 @ o 5 3 / § 2 G / a) ° � 3£ 0 / 0 § u u 4� ./ _ E E 0 u 0 E £ \ � 0 2 £ u § 3 £ 2 0 E Q £ 0 � 0 \ 0 0 0 4 9 � § $ � 2 I v \ � E .g G / / / / / _ / 2 E § m 0 ® J » © 2 0 U D c g m o g 2 ± E � o \ \ \ 3 LL / E /: 2 3 I o E I = I U 2 o> 2 4 4 0 d k o \ o ,2 E E ƒ 7 E § § / 2 a ® / f E \ I 0 0 -C 0 � o z U O (6 i1 J 4 c N a i _ m O E 4J O C O v E - +� 3 m N (D O i O 00 W _ O O q •— Q +-' 4-1 V1 'tn U QO z to C V U O O M U O O 00 3 - O VT O z ^, O O O W O N O •O � � Z �� V)o l9 U) m� In i 0 U Q In �o c a � c� o 0 3 o v) °' � °' U) o c � � � � O ui E a)-C z� LL m O O 0 Lf)) = V 0 0 0 0 O 0 VX IEL j6d lmmmabpL 0 OEM r"ll Im MINIM Aff � "Ousing Incentive st Florida ies� eke h--i aIfo,d.bl.- ousing 37 F L O R I D A HOUSING COALITION C 9rsr. ■.ron641SLID .;r The Florida Housing Coalition has produced this guidebook with funding V from the Florida Housing Finance Corporation's Catalyst Program. The views expressed in this book do not necessarily reflect the views of the Florida Housing Finance Corporation. Copyright © 2021 . � -lights ReservedIrk-" r ' � • "-�' ill-�� ' �w�. Contents I. Introduction to the Guidebook.........................................................................6 Purposeof the guidebook.......................................................................................6 Intendedaudience..................................................................................................6 Sectionoverview....................................................................................................7 II. Florida Comprehensive Plan Housing Element and Incentive Strategies Overview ... 8 Local Comprehensive Plan Housing Element..............................................................8 Affordable housing incentive strategies.....................................................................9 III. Affordable Housing Advisory Committee Overview ......................................... 12 Affordable Housing Advisory Committee(AHAC).....................................................12 Committeecomposition........................................................................................12 Local government program staff.............................................................................14 Roles and responsibilities of the AHAC....................................................................15 Frequently Asked Questions..................................................................................16 IV. Preparing the AHAC Report......................................................................... 23 Reviewing local plans and codes............................................................................23 Encouraging input from all AHAC members.............................................................23 Conducting a SHIP survey and incorporating results.................................................24 V. Steps in the Review Process.......................................................................... 26 Meetings.............................................................................................................26 Draftthe report.....................................................................................................26 Approve recommendations at a public hearing........................................................27 Submit report to local governing body and Florida Housing Coalition .........................27 Submit report to the Florida Housing Finance Corporation........................................28 VI. The AHAC Report Timeline........................................................................... 29 Reviewof deadlines..............................................................................................29 Public notice requirements....................................................................................30 Scheduling and organizing the public hearing..........................................................30 Suggestedmeetings.............................................................................................30 Coordinating with the LHAP timeline....................................................................... 31 39 VII. General Recommendations and Requirements for Incentive Strategies ..............33 General recommendations for incentive strategies...................................................33 IncentiveStrategies...............................................................................................35 Statutory requirements for incentive plans...............................................................36 What qualifies as an "affordable housing development"?..........................................37 Examples of how local jurisdictions certify affordable housing developments...............37 VIII. Incentive Strategies: Details and Examples...................................................39 Strategy: Expedited process of development approvals............................................40 Strategy: Fee waivers for the development or construction of affordable housing .........44 Strategy: Flexibility in density.................................................................................49 Strategy: Reservation of infrastructure capacity.........................................................56 Strategy: Accessory dwelling units..........................................................................59 Strategy: Reduction of parking and setback requirements..........................................64 Strategy: Flexible lot configurations........................................................................66 Strategy: Modification of street requirements...........................................................68 Strategy: Ongoing regulatory review process..........................................................70 Strategy: Surplus lands inventory ............................................................................73 Strategy: Transportation hubs and transit -oriented development................................79 IX. Beyond Incentive Strategies: Other Possible AHAC Responsibilities ...................84 Options included in the SHIP Statute.......................................................................84 Additional Possible AHAC Responsibilities..............................................................85 X. Appendix................................................................................................... 87 Incentive Strategies Report Template......................................................................87 Glossary..............................................................................................................93 Housing Acronyms Explained..............................................................................100 40 I. Introduction to the Guidebook Purpose of the guidebook Regulatory reform and a program of incentives are powerful tools for attracting private -sector development of affordable housing. Every city and county that receives funding from the State Housing Initiatives Partnership (SHIP) program is statutorily required to assemble an Affordable Housing Advisory Committee (AHAC) for this purpose. The core requirement of the AHAC is to recommend housing strategies to incentivize the production of affordable housing. Those recommendations are submitted to the local elected body for approval. Upon adoption, the recommendations can become part of the Local Housing Assistance Plan (LHAP) and implemented by the City or County. This guidebook addresses the AHAC process from forming the committee, through submitting its report, to annually evaluating implementation. It provides information on the specific incentive strategies that the AHAC is required to consider. It also provides examples from AHAC Reports and offers best practices for engaging in policy discussions and developing implementation strategies. While there are many SHIP workshops, webinars, and publications devoted to spending SHIP funds, this guidebook focuses on incentives to attract developers to ,bui/daffordable housing. Intended audience Included among those who are specifically addressed by this guidebook are: • AHAC Members • Local Government Planning Staff • SHIP Administrators • Local Government Administrators and Elected Officials • Affordable Housing Stakeholders The guidebook offers Affordable Housing Advisory Committee members an orientation to their statutory responsibilities. It also provides detail on each incentive strategy that must be considered by the AHAC. Local government Planning Departments, City and County Managers and Administrators, and local elected officials are key to the implementation of the affordable housing incentive strategies, and therefore will also benefit from this guidebook. Ell] Finally, the guidebook provides SHIP staff members with the information needed to assemble an advisory committee, consider a variety of possible incentives, draft the report, and submit recommendations to the City or County Commission. The SHIP statute requires that the AHAC receive staff support from local government departments with authority to administer local planning and housing programs to ensure an integrated approach to the work of the advisory committee. This guidebook will help all those involved with the process to provide the best possible incentive strategies for their community. Section overview The remaining sections of this guidebook are briefly described below. II. Florida Comprehensive Plan Housing Element and Incentive Strategies Overview: This section of the guidebook explains the connection between the Comprehensive Plan Housing Element requirements and the incentive strategies that encourage the development of affordable housing. III. Affordable Housing Advisory Committee Overview: This section describes the statutory requirements for the AHAC, including structure, membership composition, and responsibilities. Frequently asked questions IV. Preparing the AHAC Report: This section provides strategies and best practices for preparing the AHAC Report. V. Steps in the Review Process: This section lays out the tasks by which the Affordable Housing Advisory Committee drafts, approves, and submits the AHAC Report. VI. The AHAC Report Timeline: This section identifies mandated deadlines and discusses the timeline for producing the AHAC Report. VII. General Recommendations and Requirements for Incentive Strategies: This section lays out general recommendations and requirements for incorporation of incentives. VIII. Incentive Strategies: Details and Examples: This section provides a detailed description and examples of each incentive strategy that the AHAC must consider. IX. Beyond Incentive Strategies: Other Possible AHAC Responsibilities X. Appendix: 1. AHAC Report template 2. Glossary 3. Housing Acronyms Explained 42 II. Florida Comprehensive Plan Housing Element and Incentive Strategies Overview Local Comprehensive Plan Housing Element Each local government is required to include a housing element in its comprehensive plan. This element must consist of "principles, guidelines, standards, and strategies" to plan for the provision of housing for all current and anticipated populations, including special needs populations, and the provision of adequate sites for future housing, among other items. The housing element also must provide for specific programs to partner with the private and nonprofit sector to address housing needs in the jurisdiction, streamline the permitting process, and minimize costs and delays for affordable housing. The comprehensive plan can be modified to reflect the development trends of a community and should be written strategically to support and improve access to affordable housing. The AHAC can play a key role in helping a local government meet its mandate under the Housing Element requirement at s. 163.3177(f) of the Florida Statutes. The Housing Element requirement, originally part of the 1985 Growth Management Act, remaining in force as part of the subsequently adopted Community Planning Act of 2011, requires that every local jurisdiction provide for housing its current and anticipated populations. In 1992, in part due to the concern of local elected officials that the housing element constituted an unfunded mandate, the legislature enacted the William E. Sadowski Affordable Housing Act (Sadowski Act). The Sadowski Act created a dedicated revenue source for affordable housing to assist local governments in meeting their housing element requirements. The dedicated revenue source was funded by an increase in the documentary stamp tax collected on deeds. The Sadowski Act created two trust funds: the State Housing Trust Fund and the Local Government Housing Trust Fund. The Local Government Housing Trust Fund funds the State Housing Initiatives Partnership (SHIP) program, which provides money to every county and entitlement city in Florida to assist in the implementation of their housing element. The Sadowski Act was supported by a diverse combination of eleven statewide interest organizations, including industry groups such as the Florida Realtors and the Florida Home Builders Association (FHBA). A requirement for regulatory reform though local housing incentive programs was part of the package that won the FHBA support of the Sadowski Act. The list of regulatory incentives that are statutorily required to be considered by the AHAC was a joint effort by the initial group of eleven statewide organizations and the bill sponsors. The two incentives that are required to be in place in all SHIP jurisdictions (expedited permitting and an ongoing process of review, described in detail in this guidebook) were a "must have" to ensure the FHBA support. 43 Florida Statutes, Sec. 163.3177 (6) (f), provides that local government comprehensive plans shall include: 1. A housing element consisting of principles, guidelines, standards, and strategies to be followed in: a. The provision of housing for all current and anticipated future residents of the jurisdiction. b. The elimination of substandard dwelling conditions. c. The structural and aesthetic improvement of existing housing. d. The provision of adequate sites for future housing, including affordable workforce housing as defined in Florida Statutes, Sec. 380.0651 (3) (h), housing for low-income, very low-income, and moderate -income families, mobile homes, and group home facilities and foster care facilities, with supporting infrastructure and public facilities. The element may include provisions that specifically address affordable housing for persons 60 years of age or older. Real property that is conveyed to a local government for affordable housing under this sub -subparagraph shall be disposed of by the local government pursuant to Florida Statutes, Sec. 125.379 or Florida Statutes, Sec. 166.0451. e. Provision for relocation housing and identification of historically significant and other housing for purposes of conservation, rehabilitation, or replacement. f. The formulation of housing implementation programs. g. The creation or preservation of affordable housing to minimize the need for additional local services and avoid the concentration of affordable housing units only in specific areas of the jurisdiction. comprehensive plan specific to affordable housing, and to increase housing -related employment. " The SHIP program mandates that all local governments receiving SHIP funds establish local initiatives that facilitate affordable housing development. To guide advisory committees, the SHIP Statute provides eleven affordable housing incentives that must be considered by the AHAC and reported on to the local governing body. The City or County Commission then assesses the incentives provided by the AHAC and considers each incentive for adoption. The eleven incentives are found at s. 420.9076(4) of the Florida Statutes and each AHAC must report on recommendations in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(03. (b) All allowable fee waivers provided for the development or construction of 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) Affordable accessory residential units. (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. (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. Not all these incentives are equally important or relevant to a particular SHIP jurisdiction. The guidebook emphasizes those incentives that are valuable to mostjurisdictions. Thetwomost important incentives are the two strategies that are required to be adopted as a threshold for receiving funding: (a.) expedited permitting and (i.) establishing a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. Strategy (e.) is worth noting, regarding affordable accessory residential units. Although local governments are not required to permit accessory dwelling units as a tool for affordable housing, they are strongly encouraged to do so by the Florida Legislature at s. 163.31771 of 45 the Florida Statutes. Strategy (j.), an inventory of locally owned public lands, was codified in the Florida Statutes in 2007. Commonly referred to as the Surplus Lands Law, it is outlined in Florida Statutes, Sec. 125.379 for counties and Sec. 166.0451 for municipalities. 46 III. Affordable Housing Advisory Committee Overview Affordable Housing Advisory Committee (AHAC) A SHIP jurisdiction is statutorily required to assemble the initial Affordable Housing Advisory Committee when it first begins receiving SHIP funds. It is then required to annually convene the AHAC to review its earlier plan(s) and complete a Housing Incentive Strategies report that recommends affordable housing regulatory incentives to the local governing body. jurisdictions receiving $350,000 or less in SHIP funding are exempt from the annual review but still must complete an initial review. The work of the AHAC is summarized in this excerpt from s. 420.9076(4) of the Florida Statutes: "Annually, the advisory committee 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." Sec. 420.9076, Florida Statutes, outlines the AHAC requirements, including the deadlines for assembling a committee, considering specific incentive strategies, and submitting a report. There are other tasks that AHAC members may undertake, but the information presented in this guidebook focuses on the AHAC's primary responsibility, and only statutorily required task, to complete an annual Housing Incentive Strategies report. Committee composition Sec. 420.9076 (2), Florida Statutes, provides details on the AHAC committee composition. The AHAC must have at least eight and no more than eleven members representing at least six categories identified in the statute. Effective on October 1, 2020, each AHAC must have a locally elected official from each county or municipality participating in the SHIP program. The locally elected official must be a City or County Commissioner on the Commission responsible for implementing the recommendations. If an AHAC is consolidated to govern two or more SHIPjurisdictions, one elected official from any of the covered SHIP jurisdictions will meet this requirement, although it is a best practice to include one elected official from each represented local government. The elected official will count as a member of the AHAC for purposes of meeting the number of members requirement. 47 AHAC members should be appointed by the governing body of the local government, but do not have to be adopted by resolution. Representatives are to be selected from the following categories: (a) Citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) Citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) Citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) Citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) Citizen who is actively engaged as a for -profit provider of affordable housing. (f) Citizen who is actively engaged as a not -for -profit provider of affordable housing. (g) Citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) Citizen who actively serves on the local planning agency pursuant to Florida Statutes, Sec. 163.3174. (i) Citizen who resides within the jurisdiction of the local governing body making the appointments. 0) Citizen who represents employers within the jurisdiction. (k) Citizen who represents essential services personnel, as defined in the local housing assistance plan. Some individuals might have the experience to represent more than one category, but they should only be counted in one category. For example, a committee member may have experience with both for -profit and non-profit housing development. However, that individual should be counted as the for -profit or the non-profit provider, not both. The SHIP Statute describes each category as "a citizen." The Statute is not explicit about whether this is a resident of the United States, a Florida resident, or resident of the city or county that the AHAC serves. However, an effort should be made to recruit representatives who reside in the applicable city or county. The AHAC Report should document any representatives who work within the jurisdiction but reside elsewhere. Builders, lenders, and realtors are often represented on the AHAC. Builders who may be interested in volunteering can be identified by contacting the local homebuilder's association and realtors can be located by connecting with a local realtor association. There is a distinction between a representative "engaged in residential home building industry" and a "representative of those areas of labor actively engaged in home building." The first category can be filled by a local homebuilder executive or a staff member of a non- profit development agency like Habitat for Humanity. By contrast, "a representative of those 48 areas of labor actively engaged in home building" could include a rehabilitation contractor, a subcontractor, an engineer, or an architect. An "advocate for low-income persons" could be a staff member of a local legal services office, a leader from a faith -based group involved with affordable housing, or a representative of a community service organization related to affordable housing. The local government will need to consider whether such a person is "actively engaged" as an advocate. A "for -profit provider of affordable housing" may be an owner or property manager for a rental property financed with housing tax credits, the State Apartment Incentive Loan program (SAIL), or other housing subsidies. Alternatively, this may be the owner or manager of naturally occurring affordable housing units who offer rental housing at monthly rents that are affordable according to the SHIP rent limits chart. Local government program staff Local government program staff support the AHAC. First, staff must identify and recruit committee members. The SHIP administrator must invite potential committee members, documenttheir eligibility, and requesttheir participation in fulfilling the duties of the advisory committee. The local government staff must also educate the advisory committee members about their responsibilities. New committee members should receive the SHIP governing statute (Florida Statutes, Sec. 420.907-9079) as well as local planning documents and policies. Local government staff must also provide an orientation to the current incentive strategies being implemented by the jurisdiction and an overview of the reporting requirements of the advisory committee. SHIP staff should collaborate with planning staff on land use, zoning policies, and practices, the applicable economic development department on how various policies affect affordable housing development, and other local government divisions that impact housing affordability. The SHIP Statute states that "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." Generally, staff in these positions have different areas of expertise. SHIP program administrators usually hold positions in housing and community development or neighborhood departments and have regulatory or program knowledge that is unique to those positions. Planning departments, alternatively, have staff with formal education in areas like urban planning, and have extensive knowledge of land use and zoning laws. Persons in the economic development department may have formal training on how local government policy affects the cost of housing. The majority of AHAC responsibilities fall more squarely within the planning, building, and growth management departments. The AHAC must review the jurisdiction's comprehensive plan and land development regulations and recommend actions to encourage the creation of affordable housing units. This role requires that staff have knowledge of land use issues so the committee can consider 49 potential barriers to the development of affordable housing and recommend regulatory reforms to overcome the barriers. The AHAC presents an opportunity for multiple local government departments to collaborate and meet the jurisdiction's responsibility to provide housing for all its residents. Prior to a revision of the SHIP statute in July 2016, the AHAC was required to have a member from each of the eleven categories identified above. Therefore, if the jurisdiction was in compliance, there was always a representative knowledgeable about the local planning process. With the change to the statute, local governments can now choose committee representatives from six other categories. Although no longer required by the SHIP Statue, local governments should consider including staff from the planning department as committee members. This SHIP Statute suggests participation from "a citizen who actively serves on the local planning agency", but it also notes that "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." This is good justification for arranging for a planner to assist the SHIP administrative staff in providing support to the AHAC and monitoring the actions of the committee to ensure adherence to all program requirements. Roles and responsibilities of the AHAC SHIP Statute overview Sec. 420.9076(4) of the Florida Statutes describes the process for developing the AHAC Report. The key role of the AHAC is to prepare the AHAC Report and evaluate its implementation annually. The AHAC Report identifies incentive strategies and recommendations for adoption by the local government. The recommendations should seek to remove regulatory barriers that limit the development or preservation of affordable housing or drive -up housing costs. The recommendations should also suggest policies that encourage the production of affordable housing. To fulfill this task, the advisory committee must first review the local government's existing policies and procedures, ordinances, land development regulations, and the comprehensive plan. Then the committee recommends specific actions or initiatives to encourage affordable housing while protecting the ability of the property to appreciate in value. Actions the advisory committee can take include: • Modifying or repealing existing policies, procedures, regulations. • Creating exceptions applicable to affordable housing. • Adopting new policies or amendments to the local comprehensive plan and corresponding regulations, ordinances, and other policies. 50 Local government implementation The advisory committee must approve the final AHAC Report by majority vote and submit it to the Florida Housing Finance Corporation (FHFC), the local government, and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program. Upon receipt of the AHAC Report, the local government has 90 days to amend its local housing assistance plan to incorporate the adopted incentive strategies it plans to implement. Only two strategies are required in the amended LHAP: • Expedited permitting for affordable housing projects. • An ongoing process for review, prior to their adoption, of any local policies, ordinances, regulations, and plan provisions that increase the cost of housing. Frequently Asked Questions This list of frequently asked questions is provided as a quick reference. In many cases, the topics referenced below are addressed in greater detail in other sections of this guide. Question: How does the Sunshine Law apply to our SHIP advisory committees? Answer: When dealing with advisory committees it is very important to keep in mind the requirements of Florida's open meetings laws. Any local government -appointed committee that is part of a fact-finding commission or any board or committee that has final decision - making authority is covered by these laws. There is a strong legislative and judicial presumption in favor of transparency. If you have any questions about these requirements, consult with your city attorney, county attorney, or other appropriate legal counsel. Question: How does the Sunshine Law apply to the biannual, regional workshops? Answer: Florida's Sunshine Law only applies to meetings or gatherings where two or more members of the same board or committee discuss some matter which will foreseeably come before that board for action. Since most local governments will only have one elected official present at the workshop, Sunshine Law will not be an issue for most jurisdictions. However, there are some local governments with a joint City/County AHAC that will have two or more elected officials present at the workshops. For these local governments, two or more elected officials from the same AHAC may not, under any circumstances, communicate with each other during the workshop. Out of an abundance of caution, all elected officials who are not required to but wish to attend the workshops can attend but will not be allowed to speak to avoid Sunshine Law concerns. The primary purpose of these workshops is to educate local elected officials on affordable housing best practices, not to make decisions, and the elected officials can raise information presented at the local, publicly noticed AHAC meetings. 51 52 Question: Did the Florida Legislature make changes to the SHIP Affordable Housing Advisory Committee (AHAC) in 2020? Answer: Yes, these changes are in House Bill 1339, the Omnibus Housing Bill from the 2020 Florida Legislative session. AHACs are charged with recommending regulatory incentives for affordable housing under the SHIP program in Section 420.9076 of the Florida Statutes. As of October 1, 2020, SHIP AHACs must include one locally elected official from each county or municipality participating in the SHIP program. Additionally, the AHAC Report is now required every year and the list of incentives each AHAC must consider in its recommendations to the local government was amended as well. For example, the fee waiver incentive was broadened to focus on all allowable fee waivers for affordable housing, rather than a specific focus on impact fees. Finally, each AHAC Report must now be sent to the Florida Housing Coalition in addition to the local governing body and the Florida Housing Finance Corporation (FHFC). Furthermore, the Florida Housing Coalition is newly charged with convening biannual, regional workshops for the locally elected officials who will now be serving on the Affordable Housing Advisory Committees (AHACs). The Florida Housing Coalition will report a summary of the deliberations, actions, and recommendations of each region, as well as the attendance record of the locally elected officials. The summary annual report by the Florida Housing Coalition must be submitted to the President of the Senate, the Speaker of the House, and the FHFC. Question: What was the Legislature's objective in requiring an elected official on the AHAC? Answer: The overarching goal of these new requirements is to better engage local elected officials in regulatory reform foraffordable housing. By requiring elected official participation on the AHAC, the legislature is encouraging improved implementation of recommended incentives in the AHAC's annual report. Question: What is the purpose of new biannual, regional workshops for the elected officials? Answer: Elected officials can gain a deeper understanding of a local government's role in affordable housing development and share information with their peers on best practices in improving access to affordable housing. 53 Question: What training is available to provide elected officials an orientation to the AHAC? Answer: First, watch the recording of the AHAC Orientation webinar available here: https://vimeo.com/463357569. Starting in 2021, the Florida Housing Coalition will schedule and register locally elected officials for the virtual biannual regional workshops. Coalition staff will survey and interview each participating elected official about what they want to address through the AHAC. Topics to be covered during each regional workshop will include an analysis of local codes, housing plans and needs, and recent news about housing best practices. Elected officials will also receive materials on incentive strategies and background information on AHACs, including an updated AHAC Guidebook, which provides instruction on assembling a committee and addressing each incentive strategy type. Question: Aside from attending AHAC meetings and the required regional workshops, does the elected official have any additional duties? Answer: The elected official must participate in AHAC meetings as a voting member of the committee and assist in production of the AHAC report each year. The elected official does not have any special duties on the AHAC other than by attending the regional workshops. Question: My community always receives the minimum SHIP allocation, has never produced an AHAC report other than the initial review, and as a result, has not had an active AHAC in recent years. Under HB 1339, must we now activate a new AHAC with an elected official? Answer: No. The only statutory requirement for the AHAC is to produce an annual incentive report but local governments that receive the minimum allocation under SHIP are exempt from this requirement. Therefore, local governments that receive the minimum allocation do not need to produce the annual report and are not required to have an active AHAC. Question: If my local government receives the minimum allocation under SHIP, do we need to appoint an elected official to participate in the biannual regional workshops? Answer: No. The SHIP Statute only requires elected officials serving on the local AHAC to attend the biannual regional workshop. If you do not have an active AHAC because you receive the minimum allocation, there does not need to be an elected official at the biannual regional workshops. However, if an elected official wishes to attend the workshops, 54 regardless of if they are on an AHAC, they can still attend to learn about affordable housing best practices. Elected officials who are not required to attend the workshops will not be allowed to deliberate or comment and can only listen to the workshops. Question: In the past ten years, my city has sometimes received more than $350,000 and has sometimes received less than the minimum SHIP allocation. My city does not currently have an AHAC and has not produced an AHAC report in recent years. Under HB 1339, must we now activate a new AHAC with an elected official? Answer: Local governments that receive the minimum SHIP allocation are exempt from this requirement, but you might soon receive more than the minimum allocation. In such a case, you will need to produce an AHAC report before receiving this allocation. Your city should consider assembling an AHAC now in anticipation of this possibility. Question: Our advisory committee report is due to the Board of County Commissioners on November 12, before the December 31st deadline. Does November 12th start our 90-day clock for the Board to adopt any incentives or do we still have until March 31 of next year? Answer: Your 90-day clock begins when the advisory committee submits its report to the Board. According to Florida Statutes, Sec. 420.9076 (6), "Within 90 days after the date of receipt of the 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 last day allowed by statute to submit the AHAC Report to the governing body is December 31, making the 90-day deadline March 31 of the following year. Question: Can City/County Commissioners approve the incentives and adopt the amendment to the LHAP at the same time, or do they have to approve the incentives before adoption into the LHAP? Is it the adoption of the incentives that must be completed by resolution or the adoption of the amendment to the LHAP that must done by resolution? Answer: There is nothing in the statute or rule that requires the incentives to be adopted prior to amending your LHAP. However, adopted incentives may require a Comp Plan Amendment, ordinance, or policy change prior to incorporation into the LHAP and will need to be approved by your Board separately. The amendment to the LHAP must be adopted by resolution. 55 Question: Do I have to use the AHAC Report template? Answer: No, the AHAC Report Template available in this Appendix is available for your use, but is not required. However, the FHFC staff request that Incentive Items A through K, outlined in the SHIP statute, be included in the report and explicitly cited, even if the Advisory Committee voted not to recommend the strategy. Question: When we advertise the public hearing for our AHAC incentives, how much notice are we required to give? Answer: Both the rule and the statute are silent on this issue, so speak with your City or County Attorney about satisfying open meetings laws. Question: What if the AHAC does not make recommendations on changes to the current incentives nor recommends new incentives? Also, what if the Board does not adopt any new incentives and keeps the current two required incentives as they currently exist in the LHAP? Does this have to be spelled out in a report? Answer: Your advisory committee report must provide evidence that the incentives listed in 420.9076(4), Florida Statute have at least been reviewed and the AHAC recommended that no changes be made. This must be provided to FHFC and your City or County Commission. A copy of the report must be submitted to FHFC as outlined by 420.9076 (7). Question: How long should the terms be for AHAC members? Answer: The SHIP Rule and Statute are silent on this point, but you should check to see if your jurisdiction has policies related to the terms of committee and task force members. Question: Regarding the citizen who is a 'representative of those areas of labor actively engaged in home building', does an architect fit this description? Answer: No, instead find someone more directly involved in building labor, including contractors and sub -contractors. No further clarification is provided for each type of representative. Simply document a justification for why each member was appointed. Question: Regarding the advisory committee member who must be a "citizen who is actively engaged in the residential home building industry", does our local Habitat affiliate fit this description? What about an engineer or architect? 56 Answer: Yes, Habitat for Humanity is in the building industry aligned with affordable housing. The same is true for an engineer or architect, so long as you can document his or her connection with affordable housing. Question: Who specifically is supposed to lead the advisory committee meetings? Answer: There is no guidance in the Statute and Rule about who leads meetings or about how many meetings are required. Instead, the Statute requires the committee to produce a written report of recommendations, which must be presented to your commission. Each committee member must vote on whether to accept each recommendation. The Statute outlines several topics that the committee must consider. Some committees have one or two outspoken and forward -moving leaders. Others do not, so staff keeps the group moving toward the point when it can produce its report. As much as possible, encourage committee members to set their own plan for meeting and discussing these topics. Question: Please clarify the role of the local housing partnerships and distinguish it from the local Affordable Housing Advisory Committee. Answer: Since the SHIP statute addresses both entities, it is easyto be confused on this issue. Section 420.907, Florida Statutes - the SHIP statute - details specific information about the formation, powers and duties, and required membership of the affordable housing advisory committee. Advisory committee members must be appointed by local government resolution, must follow all laws related to government in the sunshine, and has as its specific statutory charge the recommendation of local housing incentive strategies to the local governing body. While the presence of a locally formed affordable housing partnership is an integral part of the SHIP program, the statute only gives general information as to its membership. The legislative intent is to combine local resources to the extent that the effort will reduce the cost of producing or providing decent and affordable housing. It is important to note that the statute does not intend for the partnership to be formally constituted as a corporate body. The legislative intent is to encourage partnerships in order to secure the benefits of cooperation between the public and private sectors, and to reduce the cost of housing by effectively combining all available resources and cost -saving measures. Each community utilizes its partnership differently. The most successful partnerships are often those in which the membership is broad and inclusive and each member brings a service or product to the table which maximizes the value while reducing the cost of affordable housing within the community. In many successful communities the appointed advisory committee functions as a partnership and acts in an oversight capacity only, assisting with setting the direction of the program through suggesting policy to the local governing body, and making specific recommendations for improving the overall program and amending the LHAP. 57 IV. Preparing the AHAC Report Reviewing local plans and codes Local plans and codes related to affordable housing include, but are not limited to, the Comprehensive Plan, Land Development Codes and Neighborhood Action Plans. Coordinating local departments and community plans is essential to supporting housing efforts. Planning and zoning departments, building, and permitting departments, real estate departments, and local government housing departments are conduits to developing affordable housing. The AHAC is responsible for reviewing local established policies, procedures, ordinances, land development regulations, and the Comprehensive Plan to identify recommendations for initiatives that will encourage affordable housing. When reviewing local plans and codes, AHAC members should look for policies, procedures, or ordinances that inhibit affordable housing development. AHAC members with development experience will be especially helpful in this exercise. This pertains to policies and ordinances currently in place, such as allowable housing types, minimum square footage, and setback requirements, that may increase or artificially set the cost of development higher than necessary. AHAC members should consider helpful policies and ordinances that are not in place, such as expedited permitting, mixed -income housing incentives, or accessory dwelling unit policies, that encourage and facilitate the development of housing that is affordable. AHAC members should also look for consistency between land use plans and finance plans. Local governments typically develop two types of plans: 1) land use plans, which identify elements for future land use, transportation, housing, economic development, infrastructure, and capital improvement needs; and 2) finance plans, which identify sources of funds and how the jurisdiction is going to spend available government dollars. It is important to ensure that housing and community development initiatives align with the budget and comply with regulations governing funding. An example of a land use plan would be a Comprehensive Plan; examples of finance plans would be a Five -Year Consolidated Plan for HUD funds, Annual Action Plan, or the Local Housing Assistance Plan which governs SHIP. AHAC activity is an example of how the public is involved in local planning and housing initiatives. The AHAC helps departments administering different programs coordinate their goals and objectives for maximum community benefit. The AHAC can be a catalyst for a robust, comprehensive housing strategy at the local level. Encouraging input from all AHAC members A committee's success is based upon everyone fulfilling their duties and being involved in the process. Members should be familiar with the mission, values, and vision of the 58 committee and attend meetings regularly. Members are expected to help carry out the functions of the committee, specifically to share expertise and provide recommendations on affordable housing incentive strategies. Local government staff and the AHAC Chairperson should generate and encourage input from all members. Tips for encouraging participation include: • Developing agendas to help structure meetings. • Ensuring items on the agenda are well documented. • Providing agenda to committee members so that they can familiarize themselves with discussion topics prior to meeting. • Holding meetings at a convenient place and time. • Retaining and distributing committee minutes. • Encouraging casual and relaxed conversation among all members. • Seeking consensus among the committee. • Encouraging members to act as resources, providing individual expertise and knowledge in their related field. Additionally, the AHAC should consider appointing a Committee Chairperson to facilitate the participation of all members. A chairperson: • Sets the tone for committee work. • Guides the process using successful group discussion methods. • Ensures that members have the information needed to complete their tasks. • Maintains active interest and member involvement. Conducting a SHIP survey and incorporating results Conducting a survey may be a helpful method for collecting information needed by the AHAC. Conducting a survey of SHIP administrators that serve similar local governments and stakeholders may provide critical guidance in creating the AHAC Report and provide insight into developing effective policies. A survey sent to developers and builders can be a great way to find out whether incentive strategies are working and how various land development processes can be amended to facilitate affordable housing development. There are several applications that can assist in developing an on-line survey with templates that simplify the process. Two popular applications are Survey Monkey and Google Survey. These applications provide quantifiable responses for analysis. 59 Steps for setting up an online survey include: • Deciding on the research goals. • Creating a list of questions and type them into the survey platform. • Inviting participants and providing them with directions on completing and submitting the survey • Gathering responses. • Analyzing results (the survey platform can assist). • Providing results to AHAC members and, possibly, survey participants. The survey method can be very useful and allows for maximum outreach. An on-line survey can reach individuals that might not otherwise be consulted, significantly increasing input, and improving the output of the AHAC's work. We strongly recommend including the local Realtor Association and Builders Association in the survey. 60 V. Steps in the Review Process Upon appointment of the AHAC members and each year after, the AHAC is required to review existing local government plans, policies, and procedures, ordinances, regulations, and the comprehensive plan applicable to affordable housing, to evaluate their impacts on the provision of affordable housing. The AHAC is specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out at Florida Statues, Sec. 420.9076 (4) (a)-(k). The AHAC may also consider other incentives not listed in statute as identified by the AHAC. Based on the AHAC evaluation, it may recommend to local government that it make modifications or exceptions to certain regulations, or creation of new plans, policies, procedures, and other governing vehicles which would encourage production of affordable housing. The AHAC, from its review, evaluation, and recommendations, drafts and submits a report to the local government governing body, the Florida Housing Coalition, and to the Florida Housing Finance Corporation which details the scope of its work and the resulting recommendations. Meetings The SHIP program mandates the review of the eleven areas of possible affordable housing incentives included in the SHIP Statute, at a minimum. The AHAC members should schedule a sufficient number of meetings to allow enough time for this review. Several of these incentives might require extensive time to thoughtfully review and discuss. For topics like the waiver of fees, flexibility in densities, and others, the advisory members will benefit from history and information provided by staff and from their own research and experience. An entire meeting might be devoted to one of the eleven topics. Draft the report The committee's report should be incrementally drafted as it meets and discusses the incentives. Staff may assist with report development, but the report's content should come from the Committee's discussion of incentive strategies. Use the AHAC Report template included in the Appendix to help with developing this report. The SHIP Statute does not mandate the length and the content of the report. Some committees may generate more than a dozen recommendations for new incentives strategies, others may only focus on revisions to existing incentive strategies, while other AHACs may conclude that no further recommendations are needed. 61 Approve recommendations at a public hearing Although all AHAC meetings are public meetings, the final approval of the AHAC Report recommendations is more formal and must be made at a public hearing. This is required in the SHIP Statute at Florida Statutes, Sec. 420.9076 (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." This final AHAC public hearing has specific notice requirements in statute that are not required for the prior AHAC meetings. For example, the notice for the final AHAC meeting approving the report must contain a short and concise summary of the AHAC's work and local housing incentive strategies to be considered. Details on scheduling and organizing the public meeting can be found in Section VI. The AHAC Report Timeline, in this guidebook. Submit report to local governing body and Florida Housing Coalition After the AHAC approves its report by a majority vote, the AHAC must provide the City or County Commission with the final AHAC Report. Typically, the AHAC Report is presented at a regularly scheduled commission meeting. The SHIP Statute does not mandate the adoption of the AHAC recommendations by the governing body of the local government, other than the required incentives for expedited permitting and an ongoing process of review. The elected officials may: • Discuss the report and vote to adopt only one of many recommendations. • Adopt all the recommendations. • Use the report as a springboard to generate their own ideas for incentive strategies. • Read the report and take no further action. If the local government does adopt recommendations of the AHAC, the SHIP Statute establishes that the local government has 90 days to amend its LHAP to incorporate the recommended incentive strategies that it plans to implement. The city or county will provide the LHAP amendments to the Florida Housing Finance Corporation. Newly enacted in 2020, the AHAC must also submit the annual report to the "entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program," in addition to the local governing body. That entity is the Florida Housing Coalition. 62 Submit report to the Florida Housing Finance Corporation The SHIP Statute states that "the final report, evaluation, and recommendations shall be submitted to the corporation." This is accomplished by providing the Florida Housing Finance Corporation the report at the same time it is presented to the city or county officials. An electronic version of the report is to be emailed to the Florida Housing staff with responsibility for SHIP. 63 VI. The AHAC Report Timeline Review of deadlines The AHAC is required to review implementation of previously adopted incentive strategies and submit a report to the City or County Commission annually. Prior to the 2020 Florida Legislative session, this report was only required every three years. Now, the AHAC Report is required annually and is due by December 31 to the local governing body and FHFC each calendar year. Within 90 days after receipt of the AHAC's report with its local housing incentive recommendations, the local governing body shall adopt an amendment to its LHAP to incorporate the housing incentive strategies. Figure 1: AHAC Report Timeline. Designate staff and select AHAC members AHAC Report Timeline Complete draft report schedule and advertise public hearing Submit report to local government governing board and FHC Deadline to submit amended LHAP with proof of board approval to FHFC January — July — Oct. 1Vay. 2021 Dec. 31, March May 2, June 2021 2021 2021 2022 In 2022 31, 2022 Governing L Public hearing AHAC Local government to Repeat rocess in preps Board Appoints approves local adapt LHAP preparation for next members to housing amendments to report AHAC incentive incorporate p strategies strategies 64 Public notice requirements Florida law requires that the AHAC's approval of its final report be made by vote of a majority of members during a properly noticed public hearing. Florida Statutes, Sec. 420.9076 (5). The public notice shall: • Provide the time, date, and place of the meeting where the AHAC will consider adoption of its recommendations and evaluation in a newspaper of general circulation in the county. • Include a short and concise summary of the recommendations and evaluation. • State a public place where the proposed recommendations and evaluation can be obtained by the public. Scheduling and organizing the public hearing The advisory committee is required by statute to hold a minimum of one public hearing, at which the committee's housing incentive strategy recommendations are voted on and the local government's implementation of previously recommended strategies are reviewed. A public hearing is also intended to solicit public comment on the AHAC Report as it is being considered for adoption. While only the final adoption hearing is specially directed by the SHIP statute, all AHAC meetings are covered by Sunshine Law and are ideal places to solicit input and engage the public. When scheduling and organizing meetings or hearings, the following should be considered: • Give adequate advance notice to the public and stakeholders. • Publish sufficient information about the subject of the meeting or hearing. • Hold meetings and hearings at times and locations convenient to the public and stakeholders. • Choose locations that can accommodate persons with disabilities. • Implement a strategy for how the needs of non-English speaking residents will be met. Suggested meetings The AHAC is required to meet regularly to fulfill its committee duties. It is highly recommended that a committee chairperson be appointed and tasked with developing a meeting schedule that is convenient for all members. Meetings should be scheduled often enough to enable thorough discussion and the completion of all AHAC responsibilities. To ensure all required topics are addressed, the AHAC should consider holding the following types of meetings: 65 • Status Update Meetings: Status update meetings include regular member meetings, where the primary goal is to align the committee via updates on progress, challenges, and next steps. • Information Sharing Meetings: These meetings feature presentations, panel debates, keynotes, and lectures with the primarygoal of sharing information between members. • Decision -Making Meetings: Important decisions often get their own dedicated meetings. A decision -making meeting includes information gathering and sharing, brainstorming solutions, evaluating options, ranking preferences, and voting. • Problem -Solving Meetings: These are meetings where project scope and priorities are defined, opportunities and threats are identified, and possible solutions are brainstormed, evaluated, and agreed upon. • Innovation Meetings: These "broad scope" meetings include brainstorming, networking, and sharing ideas. Members can use various techniques and processes to reduce the diverse pool of ideas to a more focused list. The most suitable ideas are identified, leading to recommendations and tasks can be assigned based on this. The purpose of regularly scheduled meetings among AHAC members is to: • Encourage participation and input. • Engage in the process. • Discuss strategy for completing tasks. • Openly discuss incentive strategies. • Provide additional information. • Ensure the committee complies with timelines. In addition to the required meetings, the AHAC may also consider holding meetings specially designed for public input. Attendance levels may provide an indicator of a community's level of interest on a particular issue. Coordinating with the LHAP timeline The affordable housing strategies recommended by the AHAC Report are the basis for the LHAP. Because the two documents go hand -in -hand, it is important to coordinate timelines to ensure timely submittal and compliance with Florida law. As a result of House Bill 1339 (2020), the AHAC must submit an annua/report instead of a triennia/ report. The AHAC should submit this report to the local government governing board, Florida Housing Finance Corporation, and the Florida Housing Coalition by 66 December 3151 of each year. For years in which the LHAP is not due to the Florida Housing Finance Corporation, the local government may need to amend the LHAP to reflect any new incentive changes as a result of the annual AHAC Report. It is important to identify steps to be completed to coordinate processes. Starting the process early is key in completing tasks on time. Steps to consider and timelines to follow are listed in Table 1: LHAP Timeline. Table 1: LHAP Timeline. Task Recruit AHAC Members Timeline January- February Designate Staff & Select AHAC Members February - June Appoint Members to AHAC June 30tn Orientation for AHAC Members on Current Incentive July Strategies and Report Requirements Develop AHAC Report July - September Draft Report Complete Early October Public Hearing: AHAC Approval of Incentive November Strategies Submit Report to Local Government Governing Board, Florida Housing Coalition, and Florida December 315t Housing Finance Corporation Local Government Staff Develops LHAP January - April (following year) Submit LHAP to Florida Housing Finance Corporation May 2nd (following year) (if due) As a reminder, experienced SHIP administrators and planners can provide AHAC staff with their expertise in coordinating timelines early in the process. This increases the likelihood of a streamlined process. Cooperatively staffed support from local government department or division with the authority to administer planning or housing programs helps create an integrated approach to the work of the advisory committee. 67 VII. General Recommendations and Requirements for Incentive Strategies This section lays out general recommendations and statutory requirements for jurisdictions developing incentive programs. The recommendations and requirements laid out here are for all incentives. Specific incentive strategies are discussed in detail in Section VIII. General recommendations for incentive strategies 1. Eligibility Determination: Eligibility determination certifies that a development meets affordable housing criteria. The provision of incentives to assist affordable housing developments requires some basic structural elements. Perhaps the most critical element is "eligibility criteria." As part of its Incentive Plan, the jurisdiction should use criteria to determine if a given development is eligible for one or more of the offered incentives. The criteria may be delineated for housing developments that are only partially dedicated to serving low- income households or for projects in which 100% of the units are considered affordable to a defined income level. The Incentive Plan should include an application process for the jurisdiction to determine if a development is qualified, and for which incentives. The application should include: • Proportion of units designated affordable. • Income levels served. • Specific incentive eligibility. 2. Incentive Agreement: For developments that have been approved forcertain incentives, the jurisdiction should prepare an agreement that describes the incentives and duration of the affordability period and any other conditions. The agreement should describe penalties for developments that fail to meet the affordability conditions. The incentive agreement should describe: • Monetary value of incentives- including fee waivers and value of donated or discounted land. • Estimated time saved with expedited reviews. • Duration of affordability. • Method of tracking, reporting, or monitoring. • Reversion or penalties in case of default. 68 3. Application process: In some cases, the review and approval of development incentives is required prior to any request for funding from the jurisdiction or other financing entity. The jurisdiction should prepare an application and procedures for review and approval. The application should include the following: • Project location. • Project description- number of units, number of bedrooms, baths. • Projected income restrictions. • Other funding sources under consideration or committed. • Type of relief requested. 4. Case by Case Review: The applicability of local government incentives for affordable housing construction may be undertaken on a case -by -case basis. Each developmentwill be different and may have a variety of needs, so a "one size fits all" review process may be insufficient. Develop local policies and procedures for a case -by -case review of offered incentives. Policies should be written in such a way that approval is predictable to avoid arbitrary decision -making. 5. Incentives Based on Demonstrated Need: The jurisdiction should carefully consider their housing needs the local strategies intend to address. Incentives should effectively meet those needs. For example, if critical part of a jurisdiction's strategic plan is to end homelessness, then it is important to conduct a careful review of zoning and land development codes and how these regulations affect the development of housing for targeted populations. There may be obsolete prohibitions that could inhibit the development of small congregate living center or shared living arrangement. If critical part of your local housing goals is to support the development of housing in targeted areas as part of community growth initiative, then it will be important to assess how local rules and policies can be unlocked to facilitate that growth. An understanding of housing needs is fundamental to the AHACs work. 6. Developer Rights to Incentives: Development incentives should be provided to the developer by right whenever feasible, without the need for a variety of public meetings. This means that incentives could be provided through an administrative process rather than a public hearing. By right access to incentives may encourage private sector involvement as the development process will be easier to predict. Incentives should be established through community input. 7. Assurances of public benefit in exchange for incentives: The goal for regulatory reform and incentives for developers is to help the local government meet their obligation to ensure affordable housing for the entire current and anticipated population. Local government is increasing the value of land when it provides land use flexibility or offers incentives or exemptions from certain fees or requirements. Assurance that these incentives result in more affordable housing and or housing that is affordable long term should be included in the local government analysis. 69 8. Consistency with Other Laws: Housing assistance incentives, while offering alternative compliance with the regulatory framework, must be consistent with other statutory requirements and plans, including the housing element, Local Housing Assistance Plan, Consolidated Plan and Action Plans, and Fair Housing laws. Incentive Strategies Incentives fall into a few broad categories and can be used in conjunction to increase effectiveness. Below are some general categories of incentives. Site Plan Design: Site plan design incentives couple plan and site design incentives so development processes are viewed simultaneously to allow for the most flexible and innovative solutions possible. Site plan and site design incentives should be included as a policy in the Comprehensive Plan's housing element and should be available by administrative review, rather than through a public hearing. Sustainable Housing Features: These prioritize developments that meet or exceed energy, green, or sustainable features. For example, in an incentive relating to density bonuses, an AHAC could recommend that additional density bonuses be offered to structures that demonstrate exceptional capacity for climate resiliency. The AHAC can be creative in how it recommends incentivizing developments that contain sustainable housing features. Surplus Lands: Alongside providing incentives related to government surplus lands, local governments should have an entire apparatus of policies and procedures for the identification and provision of surplus lands. These policies and operating guidelines establish how the local government assesses suitable property for affordable housing, how to dictate an RFP process for the development of housing, and other relevant policies that leverages government owned land for affordable housing purposes. Community Land Trusts: The jurisdiction can avoid much of the tracking needed to ensure long term affordability compliance by utilizing the community land trust model. "Community land trust" (CLT) is the name of both a nonprofit and a strategy to ensure permanent affordability by separating the ownership of land from the ownership of improvements. CLTs have land stewardship expertise to ensure that properties remain affordable in perpetuity. The local government can partner with a CLT to monitor affordability requirements and otherwise assist residents with proper education on financial sustainability. Units that are managed or overseen by a CLT are guaranteed to be affordable long-term. If the local government does not have access to a partnership with a CLT, requirements for long term affordability should be executed and enforced through a mortgage, note, restrictive covenant or land use restriction agreement. 70 Statutory requirements for incentive plans Section 420.9076 (4), Florida Statutes At a minimum, each advisory committee shall submit an annual report to the local governing body, the Florida Housing Finance Corporation, and Florida Housing Coalition that includes recommendations on, and the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(03. (b) All allowable fee waivers provided for the development or construction of 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) Affordable accessory residential units. (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. (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. Section 420.9076 (8) authorizes the advisory committee to perform other duties at the request of the local government, including: • 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. • The creation of best practices for the development of affordable housing. 71 Mentoring assistance can be provided by connecting housing developers with subject - matter experts, on -site technical assistance, workshops, and clinics. Support can also be provided remotely by email, telephone assistance and/or webinars. These services are provided by the Florida Housing Coalition and are available to every SHIP jurisdiction. What qualifies as an "affordable housing development"? It is best to have a formal application process to determine whether a housing development can be certified as "affordable." Such a process will prevent time and resources being spent on units that, ultimately, cannot be certified as affordable. The minimum requirement for certification is whetherthe development will result in owner or rental units that are affordable to extremely low income, very low income, or low-income households. This might include housing that is affordable to moderate -income households or housing that is sometimes referred to as "workforce" serving households up to 140% (and sometimes 150%) of area median income. When a development is certified as an affordable housing development, it may qualify for a number of incentives. Therefore, the certification findings should be specific, so that the finding can be used to determine whether the units qualify for additional assistance, such as fee waivers or bonus units through increased density. Development that are certified as affordable can include units that are publicly supported with, for example, SHIP, HOME, Emergency Solutions Grants (ESG), or Housing Opportunities for Persons with AIDS (HOPWA). Developments certified as affordable can also receive financing through local housing finance agencies, public housing authorities, Community Development Block Grants (CDBG), or the Florida Housing Finance Corporation. Developments that are part of an inclusionary zoning ordinance or that are included in a community land trust can also be certified as affordable. Examples of how local jurisdictions certify affordable housing developments City of Sarasota The processing of approvals of development orders or permits for affordable housing units is expedited to a greater degree than other developments. The committee recommends that any applicant with a development meeting any one of the following conditions be given expedited review and approval: • Individuals or organizations that are receiving assistance through the Office of Housing and Community Development. • Builders and developers who are applying for Federal and/or State Affordable Housing Programs. 72 • Nonprofit organizations that are building affordable housing with a sales price that does not exceed the maximum sales price for the Housing Partnership Program. • Any organization building affordable housing in the Community Reinvestment Area (CRA) with a sales price that does not exceed the maximum sales price for the Housing Partnership Program. • Nonprofit organizations that are building rental housing and agree to lease the property for no more than the fair market rent fora period of 10 years. • Any organization that is building rental housing in the CRA that commits to lease the property for no more than the fair market rent for a period of 10 years. • Applicants applying for a rezone or special exception for a development where a minimum of 15% of the total units within the development are affordable to households earning less than 100% of area median income. • Applicants applying for site and development approval, plats and building permits for any development where a minimum of 15% of the total units within the development are affordable to households earning less than 100% of area median income. City of Orlando Affordable Housing Certification Process: The intent of the Affordable Housing Certification Process is to identify developments that meet the definition of affordable housing. To participate in the Affordable Housing Certification Process, a minimum of 20% of the units in the development must meet the definition of very -low, low-, and/or moderate - income housing. These developments are eligible to receive specific regulatory and financial incentives. The certification process allows the City to effectively direct its incentives to those units that will result in the provision of decent, safe, and affordable housing. Further, the certification process provides the developer with early information regarding available incentives. Another benefit of the Affordable Housing Certification Process is that certified developments receive expedited services from City departments at all steps in the development review and permitting process. Developments seeking affordable housing incentives must be certified before receiving incentives such as the following: SHIP/HOME funds, capacity reservation set -asides, reduced reservation fees, impact fee grants, discounts, or exemptions, reduced Land Development or Growth Management application fees, or developing a residential project utilizing the Alternative Housing Development standards The Affordable Housing Certification Process has been amended to include certain incentives for attainable housing developments. 73 VIII. Incentive Strategies: Details and Examples The AHAC must consider the following eleven incentive strategies to encourage the construction of affordable housing: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(03. (b) All allowable fee waivers provided for the development or construction of 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) Affordable accessory residential units. (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. (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. Each of these strategies is discussed below. Two incentives are required to be adopted in the Local Housing Assistance Plan (LHAP): item (a) for expedited permitting and item (i) for a process of ongoing review. 74 Strategy: Expedited process of development approvals Purpose Time is money. The time it takes for government staff to review development approvals is a factor in the overall cost of development. Increased costs lowerthe overall prospects of any development and force the developer to charge higher housing prices to offset increased costs. A functioning process for expedited permitting for affordable housing units reduces time and helps avoid setbacks by designating a staff member to shepherd a development though the process. The requirement to expedite permitting extends to all reviews and approvals, including site plan review, zoning hearings, and special approvals. A builder can schedule construction more quickly when there is a clear intention by the local government to expedite the permit review and issuance process. Expedited permitting gives the housing staff the opportunity to work closely with the developer to offer additional support, help them overcome other obstacles that may delay a development, and ensure that affordable developers are receiving any other applicable incentives. Relevant Statutes S. 420.9076(4)(a) of the Florida Statutes requires the AHAC to assess: "The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3" of the Florida Statutes. The requirement to expedite permits for affordable housing projects is one of only two required incentives to be implemented in the Local Housing Assistance Plan (LHAP) as part of the "local housing incentive strategies" under s. 420.9071(16) of the Florida Statutes. Considerations • Clearly define which developments are eligible for expedited permitting. • Expedite all steps in the development process in which government staff is involved, not just the final approval. • Understand the economic importance of reducing permitting time and expenses to affordable housing developments. • Designate a staff person(s) for individual developments to help shepherd them through the process. • Understanding and improving staff capacity is key to a successful expedited permitting program. 75 • Whenever feasible, delegate the authority to approve various steps of the review process to department directors in lieu of a board approval. • Expedited permitting requires affordable housing developments to be placed ahead of other development. This may result in tension with other developers whose projects are put behind as a result. Methodology Local government staff should set clear standards for which proposed affordable housing developments are eligible for expedited permitting and consider delineating separate benefits depending on how much of the development is set -aside as affordable housing. Under s. 420.9071 of the Florida Statutes, "affordable" means that "monthly rents or mortgage payments ... do not exceed 30 percent" of an extremely low income to moderate income household's monthly income. However, the statute does not state how many units in a development must meet this standard to qualify as an affordable housing development. Local governments should strive to focus on developments where 100% of the units are intended to be used as long-term affordable housing. Local government could decide to lower emphasis on developments that set -aside a lower proportion of units as affordable to income -eligible households. For example, if a development sets aside only 20% of its units as affordable housing it would receive less favorable expedited permitting benefits than a development with 100% affordable units. S.163.3164 of the Florida Statutes defines what is a "development order" and "development permit" for the purposes of this expedited permitting requirement. A "development order" means "any order granting, denying, or granting with conditions an application for a development permit." A "development permit" includes "any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." These two terms cover virtually all approvals in the development process. Local government staff should embrace the breadth of this requirement and expedite and prioritize all areas requiring land use permitting or approvals. This action is one of only two statutorily required regulatory incentives and is of high value for facilitating the construction of affordable housing. Any step involving an affordable housing developer's attempt to develop a parcel of land should be expedited. Staff in the engineering, planning, housing, or other applicable departments must be involved and fully informed of the procedures regarding expedited permitting for affordable housing developments. The local government should assess staff capacity to implement these procedures and streamline all functions to the greatest extent feasible. Whenever feasible, authority to approve various steps of the development process should be granted to a department director in lieu of board approval. Lowering the number of board approvals will quicken the review process. 76 How permits are expedited is based on the size and complexity of the existing permit review process. Applications must be flagged in some manner, such as with a brightly colored cover sheet, with the certification information entered and signed by the housing department. Such a form might have contact information and further instructions on how to prioritize the application. Electronic systems may have a required field indicating that this is an affordable housing development. Task completion entities should be able to verify that eligible developments are reviewed expeditiously and immediately forwarded to the next task for final approval with notification of the approval to the developer. Alternatively, the local jurisdiction could provide a concurrent preapplication/predevelopment review process to bring all the departments that will be required to sign off on the development into a preapplication/predevelopment review meeting. Examples: Pasco County. Developments that receive a certification as affordable receive expedited review- including single and multi -family, attached or detached, residential and planned, or mixed -use developments. Staff assist applicants to submit a fully completed application before the expedited review begins. Once the completed application is accepted, the Director of Growth Management or an assignee shepherds the application through each level of review. In no case will an application be set aside while awaiting a decision. The application is returned to the Director immediately after the review is completed. The Growth Management Director has the authority to approve developments - those that do not require a comprehensive plan amendment of developments below 100 units - without submittal to a reviewing committee. The county uses a yellow band to identify certified housing applications. • For Single Family development: SHIP staff email the central permitting manager, who pulls out the permit request for the contractor/builder and processes it right away. • For Multi -Family development: SHIP staff arrange a meeting with the developer and representatives from the engineering, development services, zoning, and growth management departments. Each department indicates upfront what is needed to process the application. Each department commits to review applications swiftly. In this fashion, every point of review is expedited. Lee County. A green cover sheet is placed on top of all qualified application packages. Staff are instructed to direct any questions or issues to the Housing Staff who will then work with the applicant to provide more information or correct insufficiencies. 77 City of Orlando. The Housing and Community Development Department, the Planning Division, and the Office of Permitting Services worked together to form the Expedited Housing Development Approval Process. A Housing Expediter is assigned who serves as the lead staff member responsible for coordinating the City's review through the various departments. The Expediter performs an initial review of the project applying for certification to determine whether it meets income criteria. The Expediter then communicates with other departments and serves as the key contact between City staff and the project developer. In addition, the Planning Division and Permitting Services Division each assign a staff person to serve as Ombudsman for certified housing developments. This ensures that issues are addressed early and can be resolved quickly. The City of Orlando also prioritizes developments meeting the City's residential green building principles. 78 Strategy: Fee waivers for the development or construction of affordable housing Purpose Local government fees can be a major expense in developing newly constructed housing. By modifying fee requirements for affordable housing construction, the overall cost of the development can be reduced, and the savings can be passed on in the form of lower rents or lower sales prices. Reducing fees can also result in the reduced need for local SHIP funds. This can make SHIP and other housing dollars go further and result in more affordable units. Reduced, deferred, or waived impact fees can also count as a local government contribution in the Low -Income Housing Tax Credit (LIHTC) application through the Florida Housing Finance Corporation. Local government contributions will allow an application to score higher points, making the project more competitive. Impact fees are the main type of fee that may be modified for affordable housing with the intent of reducing the cost of development. However, the modification and waiver of other local government fees should also be assessed. These fees include: • Informal Review • Site Plan Review • Landscape Plan • Platting and Subdivision • Building Permit • Variance or Special Exception • Impact fee: Roads Parks Infrastructure Schools • Concurrency Capacity Availability or Encumbrance Local governments rely on impact fees to pay for the services required when new residents move into a community as a result of development. The government may charge fees for increased school enrollment, road capacity, and utility access. By reducing or waiving a fee to the affordable housing developer, the local government may not have to provide as much subsidy to ensure that the development is financially feasible. They can also ensure long-term affordability by providing terms that require repayment with interest if the property does not meet affordability terms at a future date. 79 Relevant Statutes S. 420.906(4)(b) of the Florida Statutes directs the AHAC to assess: "All allowable fee waivers provided for the development or construction of affordable housing." Under s. 163.31801 of the Florida Statutes, local governments can "provide an exception or waiver for an impact fee for the development or construction of housing that is affordable." If a local government does so, "it is not required to use any revenues to offset the impact." Further, local governments must report each exception or waiver of impact fee for housing that is affordable to the state. Considerations • First and foremost, it is imperative that local government is provided assurance that a waiver or modification of fees will result in greater affordability to the consumer, not greater profitability to the developer. Consider reserving impact fee waivers for non- profit housing developers that provide permanent affordable housing. • Impact fees are based upon a nexus argument that development creates a definable impact on public infrastructure, including roads, sewer, water, parks, schools, etc. Without these fees, local government may need to rely on other sources of existing revenue or increase fees on non -affordable development. Local governments may or may not have fees that they can modify for affordable housing developers. Further, some departments may rely solely on impact fees to fund needed improvements. • Some local governments define a maximum amount of dollars that can be waived or a number of affordable units that can receive a waiver in a fiscal year. This cap on impact fee waivers can help focus assistance on units that will be permanently affordable or developments that are 100% affordable. • The 2019 Florida Legislative session confirmed that impact fees can be waived for affordable housing without needed to use any revenues to offset the impact. Some legal advisors take the position that waiving impact fees is not permissible. In these cases, it is possible for the fee to be paid, but by other sources. One such source is the interest that has accrued on the impact fee financial accounts. This action simply moves interest money back to the impact fee income stream. • Local governments may or may not have fees that they can modify for affordable housing developers. Further, some departments may rely solely on impact fees to fund needed improvements. Methodology Fee modification methods can include, but are not limited to, the following: • Waiver or forgiveness of fees. • Discount or reduction of fees. 80 • Loan- payable in favorable terms, with payments deferred until a pre -designated time. • Reimbursement- fees are paid at time of application and are reimbursed upon completion of development or at another point in time. Fee waiver: To waive certain fees, a governing local ordinance can provide the conditions and process for receiving the waiver. For example, the local government can reserve full fee waivers only for units that will be permanently affordable or for developments that set aside 100% of their units as affordable housing. The local government could then provide a partial waiver or reduction of fees for units that will be affordable long-term (but not permanently) or for developments that devote a smaller percentage of its units as affordable. When impact fee revenue is pledged forthe repayment of bonded improvement, it is likely that the covenants for the bonds would allow forgiveness. If this is the case, then an alternative source of funding might be considered. Future bond issues should be evaluated for the possibility of including a built-in waiver for certain circumstances, such as affordable housing. Fee deferment: To defer fees, local policies should contain a provision for the terms of the deferral and the terms for the agreement or lien to be in place that describes when and how the fees are to be repaid. Fee modification: The fee amount can be adjusted for smaller or lower cost units. Because impact fees, specifically, are typically regressive - fees are typically collected on a per unit basis rather than on a square -foot or value basis - smaller, more naturally affordable homes pay the same fee as larger homes. Impact fees could be modified for affordable housing by restructuring the fee amount based on the size or the type of the unit. For example, a proposed housing development targeted to seniors might be eligible for a reduced impact fee for roads or school impact, along with other provisions such as reduced parking spaces. Alternative sources to pay impact fees Local government could offset the costs of waived or reduce impact fees from the interest on the impact fee account. The fee can be reduced or discounted with the balance paid from the interest. It is not recommended that SHIP or other housing dollars be used to subsidize impact fees as these funds can be better used for direct housing costs, such as construction or down payment assistance. Any adjustments or exclusions need to be spelled out in a local ordinance. Finally, because impact fee programs are dynamic and come under discussion frequently, housing staff and advocates should be aware of the changes in relation to impact fees - especially impact fee increases. Staff and advocates should become an active part of impact fee discussions. This ongoing responsibility is part of the required incentive strategy to maintain an ongoing process of review. 81 Examples: Alachua County. The County's impact fee amounts are not collected on a per -unit basis but rather on a square- foot basis. Hillsborough County. Section 40-64 of the Hillsborough County Code creates the "Affordable housing relief program." Applicants approved under the program are entitled to relief from impact fee assessments relating to impacts on park sites, road improvements, right-of-way, and fire rescue service. The County Commission is authorized to create a reimbursement policy for school impact fees. To be eligible for impact fee relief, an applicant's maximum family income cannot exceed 80% AMI, housing prices must meet Section 8 guidelines, and income verification is performed by the County. The types of housing eligible for relief include single-family homes that are site -built, manufactured, or mobile homes, and rental developments participating in other appropriate local, State, and/or federal low-income housing programs. Eligible housing must meet locational criteria within the comprehensive plan under the affordable housing bonuses section, must be either within the Urban Services Area, or fully or partially developing on a site with in -place infrastructure. Farm -worker housing and affordable housing constructed within designated CDBG Target Neighborhoods are except from the locational criteria. The maximum amount of relief available annually for multifamily developments shall not exceed $800,000. However, an eligible housing developer can petition the Board to waive fees in excess of the annual maximum if the Board finds that 1) sufficient funds are available to cover the additional relief; and 2) the granting of additional relief will serve a public purpose. Fee waivers are available on a first -come, first -served basis. Developments that receive fee waivers will be subjectto a legally binding restrictive covenant that provides that, fora period of seven years, any subsequent conveyance of the property which fails to qualify for relief shall nullify the impact fee waiver and the developer will be responsible for paying the full amount in waived fees. The impact fee waiver ordinance also provides standards for administration and review. Orange County. A deferral for the payment of impact fees is available to all single-family residences and duplexes until issuance of a Certificate of Occupancy. Multi -family developments that are certified as affordable may defer the payment of the impact fee until power is authorized for the first building or until the first Certificate of Occupancy is issued. Lee County. The impact fee for Lee County contains a provision for the waiver of all impact fees, except school fees, within its three enterprise zones. Lee County also provides a School Impact Fee Rebate (SIFR) for certified affordable housing units. A nonprofit affordable housing developer can apply for the SIFR at the time of permitting. After the fee is paid and the home is completed, the lower -income purchaser of the home receives a 50% rebate that is paid directly to their first mortgage holder to reduce their principal. For -profit builders can 82 also participate for a 25% rebate. The rebate program is funded by the interest that accrues on the impact fee account. Thus, the school board does not give up real income but part of the interest on the account. There is a $200,000 cap on the program that is renewable. Polk County. Any residential construction that qualifies as affordable housing can seek a full exemption of impact fees. Any person seeking the exemption shall file with the county manager an application with listed information under section 8.7-16 of the Polk County Code of Ordinances. Residential units must be occupied by low-income persons or very -low- income persons and the application requires a copy of recordable lien on the property that requires the payment of the waived impact fees in the event the development fails to provide affordable units. Units must be affordable for at least seven (7) years from the date of issuance of certificate of occupancy. Collier County. Collier County has a long-standing impact fee deferral program. Using building permit fee revenues, the fee is paid on behalf of the affordable home at the time of permitting which is a loan that is to be repaid within ten years. There is an annual limit of 225 units for the deferral program. Sumter County. All affordable housing developments, in which the County is the lead entity in the process, receive waived building permit fees, site plan review, variance or special exception, and re -zoning fees. 83 Strategy: Flexibility in density Purpose Increasing the maximum units allowable may help make a development more financially feasible. The local land development code dictates a maximum number of housing units that may be developed on a particular lot depending on the zoning classification. As an affordable housing incentive, a jurisdiction may increase the maximum units allowable if a builder develops affordable housing units in exchange. The presence of bonus units will allow a developer to sell more homes or rent more apartments and thus help meet various financial feasibility criteria. A developer of affordable housing should be able to qualify for bonus density units by right if other development criteria are met. The concept of providing bonus units to a developerwho is not ,bui/dingaffordable housing, but rather is contributing either land or funding, would be considered an inclusionary housing or inclusionary zoning strategy. "Inclusionary housing" is addressed in this section on density because if local government chooses to implement inclusionary housing policies to create mixed income housing, it will need to include density bonus provisions in that ordinance. An increase in density offers an economic incentive to produce affordable housing. The allowance of full density allowed by land use and zoning regulations, as well as additional approved units allowed by density bonuses, creates the opportunity for an affordable housing development to be financially feasible. The allowance of more density also incentivizes market -rate developers to produce affordable units. The sale of more units or the leasing of more apartments offsets the lower sales price or rent payments for each affordable unit. Relevant Statutes S. 420.9076 (4)(c) of the Florida Statutes directs the AHAC to assess: "The allowance of flexibility in densities for affordable housing." A density bonus is a voluntary incentive that should be available to certified affordable housing developments by right. Density bonuses can also be provided as part of mandatory inclusionary zoning ordinance. Local governments have the inherent home rule authority to provide density bonuses in exchange for the production affordable housing units. S. 125.01055(1) and 166.04151(1) of the Florida Statutes confirm this tool by stating that local governments can use various land use mechanisms to increase the supply of affordable housing. Sections 125.01055(6) and 166.0415] (6) of the Florida Statutes allow local governments to approve the development of housing that is affordable on any parcel zoned for residential, commercial, or industrial use notwithstanding any other law or local ordinance to the contrary. In practice, this allows affordable housing units to be developed in those zones 84 without the need fora zoning chance or comprehensive plan amendment. This provision can also be used as justification provide density bonuses to affordable developments in the eligible zone districts. The Florida Statutes also provide direction for local governments choosing to provide density bonuses in exchange for a donation of property to be used for affordable housing. • Section 420.615 of the Florida Statutes states that "[a] local government may provide density bonus incentives pursuant to the provisions of this section to any landowner who voluntarily donates fee simple interest in real property to the local government for the purpose of assisting the local government in providing affordable housing. Donated real property must be determined by the local government to be appropriate for use as affordable housing and must be subject to deed restrictions to ensure that the property will be used for affordable housing." • The statute requires that, as part of the approval process, the local government adopt a comprehensive plan amendment for receiving land that incorporates the density bonus. It further provides that the plan amendment shall be adopted in the manner required for small-scale amendments under section 163.3187, Florida Statutes. Considerations • Assess local land development regulations and identify areas where density bonuses can be authorized. • Consider allowing density bonuses as -of -right through administrative procedures rather than requiring a public hearing. Predictable development standards may attract more private sector involvement. • A density bonus is one of the most attractive tools a local government has to offer. Before increasing densities across the board, consider preserving the greatest density benefits for housing that will be affordable. • The implementation of a density bonus program requires skillfully prepared regulations, standards, and agreements to effectively ensure that the bonus units are affordable long- term or that a payment or exchange in lieu is effective. In lieu payments should be high enough that they reflect the true cost of new development. • In areas where there is not a high demand for density, such as rural areas, the incentive may not be effective, unless a project is a large-scale, master -planned development. • Determine which entity will be responsible for income verification and compliance monitoring forthe affordable units. Record and enforce a Land Use Restriction Agreement to ensure the units are affordable throughout the established term of years. 85 Income groups to be served "Affordable housing" must be defined by the density bonus or inclusionary zoning ordinance, and a methodology must be established for determining the sales price or rent of an affordable unit. Incentives generally target households with "low" or "very low" incomes as defined by HUD. Some density bonuses or inclusionary zoning ordinances define "affordability" to include moderate -income households, or those with incomes up to 120% of the area median income or higher. Income requirements are generally stricter for rental units than for units intended for ownership. In the case of units for sale, "affordable housing" may mean housing in which principal, interest, taxes, and insurance make up no more than 30% of the gross household income. For rental housing, "affordable" may mean housing for which the rent and utility payments constitute no more than 30% of the gross annual household, adjusted for household size. Duration of affordability To preserve affordable units that are produced under density bonuses or inclusionary zoning ordinances, a control period is established. During this period, rental and ownership units must remain affordable. New tenants and buyers must meet income requirements, and the rent or sales price must be established according to the current area median income (interest rates may also be a factor for ownership units). Home buyers are typically allowed to keep a portion of the proceeds from the sale or to earn a specified rate of appreciation on the unit. Monitoring is important to assure continued compliance with the initial affordability requirements. A local agency or other monitoring agent must be established for low- and moderate -income housing developed under the density bonus or inclusionary zoning policy. A community land trust is well suited to manage these units, providing a pipeline of income eligible tenants and buyers. Elements of an inclusionary zoning ordinance The primary purpose of inclusionary zoning is to increase the supply of affordable housing concurrently with the development of market -rate housing. An inclusionary zoning ordinance requires market -rate developers to include a percentage of affordable units within their market -rate developments. Inclusionary zoning is an approach that ensures that affordable units are created with limited public expenditure. Inclusionary zoning can provide a number of benefits. Where new development occurs in metropolitan centers, inclusionary zoning can result in affordable units that are closer to jobs and transportation. In addition, because of the density bonuses awarded for affordable units, inclusionary zoning can lead to higher -density development. The higher -density and infill development that can result from inclusionary zoning increases housing supply in the city center and reduces the demand for housing overall and fringe development in particular. This, in turn, reduces the need for new infrastructure, shortens commutes, and reduces congestion. 86 Threshold size Inclusionary zoning ordinances typically establish a minimum development size before requirements are applied. This threshold should be large enough to contribute to the financial feasibility of the required affordable units. Study local development patterns to identify an ideal threshold number of units that triggers an affordable housing requirement. If the average new development in a community produces 50 units, an inclusionary zoning threshold at 50 units may capture a sizable number of developments that will need to meet affordability requirements. Similarly, if the average new development in a community produces 50 units and the inclusionary threshold is at 100 units, the policy may not capture enough new development to maximize the effectiveness of an inclusionary zoning ordinance. Percentage set -aside Inclusionary zoning ordinances generally require a certain percentage of a market -rate development to be set aside as affordable units. The percentage of affordable units included in new development should consider the following: the financial feasibility of producing the affordable units, the incentives or cost offsets available to developers to produce the affordable units, the need for affordable units, and the strength of the local housing market. Nationally, inclusionary zoning ordinances have required developers to set aside 5%-35% of their new housing developments as affordable, although requirements of 10%-25% are most common. The share of affordable units required often varies, depending on whether the units will be for homeownership or rental, and whether the income targeted is moderate-, low-, or very -low. Cost offsets Under s. 125.01055 and 166.04151 of the Florida Statutes, local governments must "fully offset all costs" to a developer for their affordable housing contribution under an inclusionary zoning ordinance. One of the primary cost offsets offered to developers in exchange for producing affordable units is a density bonus. A density bonus allows the developer to construct additional market rate units beyond what is normally allowed under the current zoning ordinance, in exchange for providing a specified number of affordable units. In addition to density bonuses, there are several ways of offsetting the costs of development to enable the construction of affordable housing. For example, developers can be given waivers from various development standards, including maximum lot coverage, setbacks, and parking, and/or can receive waivers for fees such as impact fees, demolition, water and sewer charge, and utility connection fees. Developers may also be eligible for expedited permitting. 87 Flexibility A major component on an inclusionary zoning ordinance is flexibility. Developers should be given multiple options to satisfy the inclusionary requirements including paying a fee in -lieu, providing land in -lieu, or building the units off -site at a different location. For an in -lieu fee, the paid amount can be placed in an affordable housing trust fund for other affordable housing initiatives, keeping in mind that if an in -lieu fee is paid, the local government will still need to "fully offset all costs" associated with that fee. For a land donation in -lieu of producing the required affordable units, the land can be granted to a nonprofit organization that will produce permanent affordable housing. If the developer is allowed to build the required affordable units offsite, a partnership with a nonprofit to help build and manage the affordable units is key. Statutory authorization for inclusionary zoning S.125.01055 and 166.04151 of the Florida Statutes expressly authorize inclusionary housing ordinances as a tool to increase the supply of affordable housing. However, due to legislation passed in 2019, local governments must "fully offset all costs" to the development of its affordable housing contribution required by an inclusionary zoning ordinance. Local governments can offset these costs by providing density bonuses, a reduction in fees, or by granting other incentives. It is important to note that inclusionary zoning is exempt from Florida's rent control statute. S. 125.0103(2) of the Florida Statutes states that no local government can adopt or maintain an ordinance which imposes rent controls unless such controls are necessary and proper to eliminate an existing housing emergency which is so grave as to constitute a serious menace to the general public. Subsection (7) of this statute specifically exempts inclusionary housing ordinances from this prohibition on rent control. S. 163.3177(6)(f) of the Florida Statutes requires that the Housing Element of the local Comprehensive Plan include principles, guidelines, standards, and strategies for the provision of adequate sites for future housing, including affordable workforce housing, and principles to provide housing for all a jurisdiction's current and future anticipated populations, including special needs populations. Inclusionary housing strategies would satisfy this Comprehensive Plan requirement. Examples: Palm Beach County Workforce Housing Program (WHIP). Palm Beach County's Workforce Housing Program is an extensive framework of regulations that requires a sliding scale of affordable units to be built based on the degree of incentives a developer receives in return. In certain zoning and Future Land Use designations, a minimum of 15% of units developed must be reserved for affordable housing for an established period of years. The WHP offers the choice of either a "limited" or "full" program option, which determines the amount of required workforce housing and the availability of incentives. The only available incentive with the "limited" option is a density bonus while the "full" option provides for a density 88 bonus plus expedited permitting review, greater flexibility in property development regulations, and other incentives to offset costs. Developments that choose the "full" option must provide a greater percentage of affordable units. Developers areal lowed flexibility to build units off -site, pay an in -lieu fee, or donate buildable land in lieu of developing the workforce units on -site. For homeownership units, affordability restrictions remain in effect for 15 years but if the unit is resold before the 15-year period concludes, a new 15-year period takes effect. For rental units, affordability restrictions are in effect for 30 years. The County offers healthy incentives to fully offset the cost of the affordable units to developers. As of 2020, over 1,200 units have been produced with Palm Beach County's mandatory inclusionary zoning ordinance with almost 2,400 units dedicated. City of Jupiter. Underjupiter's Workforce Housing Program, six percent of dwelling units in a residential development of ten units or more must be "workforce housing units." A residential developer who seeks a rezoning or land use amendment to increase density is required to develop 12 percent of the dwelling units as workforce housing units. For sale workforce housing units are "equally allocated sequentially" among the four eligible income household categories (low, moderate -low, moderate -high, and middle incomes). As an example, if 16 units are required workforce housing units, 4 will be for households at 80% or below AMI, 4 will be for 81-100% AMI, 4 will be for 101 to 120% AMI, and 4 will be for households at 121 to 140% AMI. Rental workforce units can only serve up to 120% AMI. The City allows for an in -lieu of fee, off -site construction, or donation of land in -lieu of building the required affordable units. City of Orlando. The City of Orlando operates a voluntary density bonus program. The program offers a density bonus in several residential, office, and commercial districts. In exchange for more density, the developer must commit to build affordable housing units on - site. However, instead of building affordable units on -site, the developer may choose to provide an in -lieu contribution to the "City of Orlando Trust Fund for Low- and Very Low - Income Housing." The Land Development Code requires a Neighborhood Compatibility Review for all developments requesting a density bonus. The purpose of the review is to ensure that the intensity of a development utilizing a density bonus remains compatible with adjacent neighborhoods. All variances, except variances to height requirements, are prohibited within developments that have received density bonuses. If the Neighborhood Compatibility Review is favorable, the applicant can increase the density of development in accordance with the approval. In return for the density bonus, the developer is required either to provide on -site affordable housing units equal to the number or additional units permitted bythe bonus orto contribute a percentage of the total construction costs to the trust fund at the time of permitting. At the time of building permitting, the Building Official determines the amount of the contribution 89 based on 2% of the total construction costs of the development. The on -site alternatives require that the affordable units be devoted by deed restriction to low- and/or very low- income households. Brevard County. Developments located within any residential or commercial zoning or future land use category with a density of six units per acre or greater, and with a minimum 30 percent of units designated as "affordable housing" are eligible to apply for a 25 percent density bonus consistent with the criteria in the county comprehensive plan, provided the overall residential development density does not exceed the density in the next highest residential future land use designation. "Affordable housing" is defined as housing affordable to households up to 120% AMI. Developments that are defined as "workforce housing", are only eligible for a 15 percent density bonus. "Workforce housing" is defined as housing affordable to households up to 140% AMI. All developments with workforce housing units shall be eligible for refunds of county review and agreement filing fees (e.g., planning, building, engineering), from funds administered by the county department of housing and human services, as permitted by law, contingent on availability of funds. Developments with workforce units will be eligible to request a refund of review and recording fees only on the units designated as workforce. This does not include impact fees, facility investment fees, connection fees or similar fees. Developments in which 15 percent or more of the entire project is workforce housing can receive the assistance of the county's affordable/workforce housing team. The team will provide technical assistance to facilitate the movement of the development through the necessary permitting procedures. Priority use of the team resources will be given to developments with affordable units, and a greater period of time that units will remain affordable. Subsequent priority will be given to developments that have workforce, or a combination of affordable and workforce units. A higher percentage of units mean a higher priority. Developers are allowed to transfer density bonus rights and developments within any coastal hazard area are not eligible for a density bonus. The Brevard County density bonus ordinance codifies that a land trust may be used as a mechanism to retain units as affordable. City of Clearwater. The City provides density bonuses for affordable housing developments that demonstrate a minimum of 15% of the total units are reserved as affordable housing units. Such bonuses shall not exceed 50% of the density permitted by the Future Land Use Map and shall not include properties located in the Coastal Storm Area. City of St. Petersburg. St. Petersburg offers density bonuses to developers who commit to providing affordable units for no less than 30 years. The workforce housing density bonus program sets out strict terms for location, character, and income levels served by the bonus units. 90 Strategy: Reservation of infrastructure capacity Purpose The reservation of infrastructure capacity is based upon local requirements in largely urban areas. These larger areas require future developments to make a reservation to guarantee the new development will meet concurrency requirements by meeting designated levels of service for certain types of infrastructure. Reservation is the act of setting aside a portion of available infrastructure capacity necessary to accommodate valid intermediate or final development orders. Typically, a local concurrency ordinance requires that public facilities and services that are needed to support development be available "concurrently" with the impacts from each development. Facilities and services may include the following: • Transportation (roadways) • Public Transit • Water supply • Sanitary Sewerage • Solid waste disposal • Flood protection • Schools • Parks The designated concurrency review agency is responsible for maintaining data on the current level of service standards for the public facilities and services. This will inform future development of the exact nature of the infrastructure capacity available and the impact requirements that may be placed upon a given development. This incentive is not a significant factor in areas that may already have infrastructure in place, such as urban infill areas or urban service areas. Small scale developments, as well as those proposed to be located in designated target areas such as community redevelopment areas, may be exempt from concurrency requirements. In addition, developments located within a designated vicinity to mass transit systems, such as light rail, may also be exempt. It is up to the community to decide how it can assist affordable housing developments in reserving infrastructure capacity. One way is to waive the filing fees which can reduce overall costs. Another is to give certified affordable housing developments priority so that the availability of infrastructure would not be a roadblock. A local government can also reserve infrastructure capacity by prioritizing public infrastructure funds for developments with an affordable housing component. 91 Relevant Statutes S. 420.9076(4)(d) of the Florida Statutes directs the AHAC to assess: "The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons." The Community Planning Act of 2011 was enacted by the Florida Legislature to exempt communities from addressing parks and recreation, schools, and transportation from their concurrency requirements in their comprehensive plans. Concurrency for sanitary sewer, solid waste, drainage, and potable water infrastructure remained mandatory. Local governments may voluntarily elect to require concurrency for parks and recreation, schools, transportation, or other facilities. The impact of concurrency on the viability of affordable housing is that of cost and competition with private -market developments to reserve infrastructure capacity. 163.3180 Concurrency (1) Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency requirement on a statewide basis. Additional public facilities and services may not be made subject to concurrency on a statewide basis without approval by the Legislature; however, any local government may extend the concurrency requirement so that it applies to additional public facilities within its jurisdiction. Florida Statutes, s. 163.3180(5)(06. allows local governments that elect to retain transportation concurrency in their comprehensive plans to development tools and techniques to reduce impact fees or local access fees to promote affordable or workforce housing. Considerations • Non -urban areas most likely will not need this type of incentive. However, in urban areas where concurrency is a significant permitting factor, the local government will need to make a choice in prioritizing available capacity for market rate, commercial or certified affordable housing developments. • There can be a cost differential if fees are waived or deferred that can affect capital improvement plans. • Prioritize public infrastructure funds for developments that have an affordable housing component. Methodology To implement this incentive, it must be addressed in the Local Government Comprehensive Plan as it has an impact on several elements including Capital Improvements, Future Land Use, Infrastructure, and Housing. Florida Statutes, s. 163.3180(5)(f) authorizes a level of relief byallowing local governments that require transportation concurrencyto reduce impactfees 92 or local access for affordable or workforce housing. A procedure for the certification of developments as affordable is essential to ensure that this provision is used properly with the intended results. An AHAC can also consider infrastructure capacity in the context of how the local government spends its public infrastructure funding. Local governments can use the Wastewater Grant Program, for example, a statewide program created in 2020 which is aimed at improving wastewater infrastructure and connecting septic systems to central sewer, to assist affordable housing developments with central sewer connections. Local governments have a variety of infrastructure dollars that can be prioritized or set -aside for affordable housing developments. 93 Strategy: Accessory dwelling units Purpose Accessory dwelling units (ADUs) are secondary residential units typically on single-family lots that are independent of the primary dwelling unit. An ADU can be an apartment within the primary residence, or it can be an attached or freestanding home on the same lot as the primary residence. ADUs are commonly referred to as granny flats or mother-in-law suites and are also sometimes referred to as accessory apartments, garage apartments, carriage houses, or backyard cottages. The concept of an accessory dwelling unit is to have an additional complete residence, meaning a place for sleeping, bathing, and eating, independent of the primary home. ADUs are a way to increase the number of housing units in areas that have primarily single- family homes. The smaller housing option is ideal for smaller households, young adults, or elderly individuals who wish to live in close proximity to a caretaker. The ADU is a great smart growth tool for infill development as it can use existing infrastructure and make greater use of already developed land. When ADUs are built in single-family neighborhoods near employment centers, more people can have the opportunity to live closer to where they work - reducing transportation costs and the associated environmental impacts. Allowing more accessory dwelling units to be built in more locations could be successful in improving a community's affordable housing stock. An accessory dwelling unit creates affordable housing in two ways: the secondary (accessory) dwelling is a rental unit that, due to its relatively small size, will ordinarily rent at a price within the means of lower -income persons. At the same time, the rental income from the accessory dwelling unit can renderthe primary residence more affordable byvirtue of the income it generates for the resident. The American Association of Retired Persons (AARP) recognizes that ADUs can assist the elderly to "age in place." The owner of a primary house and ADU may choose to live in the smaller unit and rent out what was the primary residence or may use either the main house or the ADU as housing for a nurse or caregiver. For a single elderly homeowner living on a fixed income, this arrangement can provide the perfect affordable living solution: a more appropriately sized living space and rental income. ADUs are particularly well suited for lower -income elderly persons because in addition to increasing affordability, the elderly homeowner may also obtain companionship and needed services from the tenant in the ADU. If allowed, the owner can also choose not to live on site and can rent both the primary unit and ADU. Local government can ease regulatory barriers to ADU development and should strive to amend land development codes to encourage the construction of these units. First, ADUs should be allowed in all single-family zoning districts. Then, local government can amend other requirements, such as density, parking, minimum lot size, maximum lot coverage, and other standards, to ensure that the most possible lots can contain a lawful ADU. Parking requirements alone may make ADU construction financially infeasible. If the local code is too 94 stringent and imposes addition costs on construction, homeowners will bed iscou raged from building ADUs. Further, local governments can financially assist ADU development through a loan programs as an effective way to assure affordability through a recorded land use restriction agreement made in conjunction with the loan. Homeowner education through pre -approved designs and clear standards for development can incentivize the creation of these units as well. Relevant Statutes S. 420.9076(4)(e) of the Florida Statutes directs the AHAC to assess: "Affordable accessory residential units." The goal of this strategy is to provide incentives and amend land use regulations to encourage the development of accessory dwelling units. S. 163.31771 of the Florida Statutes addresses accessory dwelling units. The Legislative findings section of the statute is provided here: (1) The Legislature finds that the median price of homes in this state has increased steadily over the last decade and at a greater rate of increase than the median income in many urban areas. The Legislature finds that the cost of rental housing has also increased steadily, and the cost often exceeds an amount that is affordable to extremely low-income, very low-income, low-income, or moderate -income persons and has resulted in a critical shortage of affordable rentals in many urban areas in the state. This shortage of affordable rentals constitutes a threat to the health, safety, and welfare of the residents of the state. Therefore, the Legislature finds that it serves an important public purpose to encourage the permitting of accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals for extremely low-income, very low-income, low-income, or moderate -income persons. Through this statute, local governments are not required to permit ADUs in all single-family residential districts but are highly encouraged to do so. The state has recognized that ADUs are an important tool to increase the stock of affordable rental housing. Considerations • Allow accessory dwelling units in all single-family districts. • Amend local land development regulations to allow the most possible lots to contain a lawful ADU. • Examine the local code and remove unnecessary barriers to lower the cost of ADU development, especially parking requirements. • Exempt ADUs from density calculations. • Allow ADUs as a permitted use. • Charge impact fees by square foot or waive impact fees for ADUs of a comparatively low square footage. 95 • Avoid strict owner -occupancy requirements and allow homeowners to occupy the ADU and rent the primary unit. • Consider forming a loan program or provide other financial incentives for ADUs that provide affordable rental housing. • Provide education to homeowners on how to navigate the development process. Methodology Most ADU ordinances require the owner to reside in eitherthe primary orthe secondary unit. However, the local government can allow homeowners to rent both the primary unit and ADU. • Size regulations: Consider standards to maintain the aesthetic integrity of the surrounding neighborhood. Most local governments regulate ADU size in relation to the primary unit. This may restrict the use of ADUs on smaller lots. Consider using a set number of allowable square footage. For example, a local government could allow ADUs up to 1,200 square feet with additional size allowances depending on the size of the lot. • Occupancy restrictions: Some ordinances limit ADUs to occupancy by family members and for a limited period of time. To maximize the ADU as a tool for affordable housing, allow ADUs to be rented to freely on the market as a long-term rental. • ADUs that are built with SHIP funds must comply with all SHIP rental regulations for the accessory unit. Staff must implement a monitoring plan to monitor an ADU annually to determine if the resident is still income eligible. • A waiver of impact fees or an impact fee based on square footage rather than by unit may be required to make an ADU financially feasible. See the Florida Housing Coalition's Accessory Dwelling Unit Guidebook for more information on how to craft a model ADU ordinance. Examples: Orlando. The City of Orlando updates its ADU ordinance with a clear intent to promote the use of ADUs. Their ordinance allows ADUs in all single-family districts, does not require parking if the ADU is 500 square feet or less, and does not have a strict owner -occupancy requirement. A 2018 staff report presented in support of the ordinance demonstrates the local government's understanding of ADUs as a tool for affordable housing and the need to create a regulatory atmosphere that encourages their use. The staff report includes an excellent description of the benefits ADUs provide, a survey of comparative local governments and their ADU policies, and a comprehensive analysis of how the new ADU ordinance lessens the land -use restrictions on local governments. 96 Elements of the Ordinance: • Type of Use: Accessory • Zone Districts Allowed: All residential districts as well as mixed use and office districts. • Size: Maximum of 50%ofthe size of the principal unit and can be no larger than 1,000 square feet. • Minimum Lot Size: Correlated with the size of the ADU and depends on the zoning district. Residential districts require a lot size of a minimum of 5,500 square feet for an ADU of up to 500 square feet and 8,250 square feet minimum for an ADU of up to 1,000 square feet. • Parking: No required parking for ADUs of 500 square feet or less. One additional off- street parking space is required for ADUs above 500 square feet. • Owner -Occupancy: Not explicit in the ordinance. Pinellas County. Pinellas County's ordinance has an important element that is worth showcasing: ADUs are exempt from density calculations. This is a best practice as it allows more single-family lots to construct lawful ADUs. Further, Pinellas County allows the owner of the property to occupy either the primary unit or ADU. This flexibility in owner -occupancy is essential to a successful ADU Ordinance. Elements of the Ordinance: • Type of Use: Accessory • Zone Districts Allowed: All single-family districts and multi -family residential. • Density: ADUs are exempt from density calculations. • Size: Shall not exceed 750 square feet or 50% of the living area of the primary, whichever is less Alachua County. As with Pinellas County, Alachua County does not include the size of an ADU in gross residential density calculations and allows the homeowner to live in either the primary unit or ADU. The Alachua County ordinance is similar to Pinellas' in many respects and is also a model for local governments around the state. A change a county like Alachua could make is to consider zero -lot line configurations when establishing setback requirements. A relaxed setback requirement can encourage healthy ADU development on lots that may be otherwise unable to build a lawful ADU. Elements of the Ordinance: • Type of Use: Accessory • Zone Districts Allowed: Single-family districts and agricultural districts. • Density: ADUs are exempt from density calculations. 97 • Size: Maximum of 50% of principal residence or 1,000 square feet, whichever is greater • Setbacks: Must meet applicable zoning district setback requirements. • Owner -Occupancy: Owner must occupy either the primary unit or ADU. 98 Strategy: Reduction of parking and setback requirements Purpose The modification of parking and setback requirements can resolve issues an affordable housing development might have in design and siting. Flexibility in these requirements can help lower development costs and ensure that more of the buildable land is available for housing development. While the intent of setbacks is to create consistency in lot composition and to preserve sight lines, utility easements, or future rights of way, there are many cases when the modification of these requirements can result in greater land area for the development. Traditional setback requirements can make it impossible to build multiple smaller units on a single parcel, including accessory dwelling units. Setback requirements that are reduced for affordable housing developments can result in more integrated neighborhoods. Some housing developments —including those focused on housing for elderly residents or people with disabilities or neartransit—may benefit from a reduction in the number of parking spaces required by the land use code. Parking requirements can impose relatively high costs on affordable housing developers and should be assessed on a neighborhood basis, especially if there is on -street parking available. Similarly, builders may benefit from the flexibility in design that comes with reductions in setback requirements for the sides of a lot. Although 15-foot side setback requirements are common, allowing smaller setbacks may offer more freedom when arranging a home on a lot. Relevant Statutes S. 420.9076(4)(f) of the Florida Statutes directs the AHAC to assess: "The reduction of parking and setback requirements for affordable housing." Considerations • Study existing parking requirements and identify areas where standards can be waived for affordable housing units. For example, if on -street parking is available, requiring multiple off-street parking spaces can be overly burdensome from an economic and functional standpoint. • Allow a reduction in setback requirements to allow more smaller units to be developed on a single parcel or allow smaller lots to contain homes. This strategy can be beneficial for duplexes, triplexes, and other "missing middle" housing types. • Many local governments allow developers to seek a waiver of parking requirements through the Planned Unit Development (PUD) or other local process. Consider providing greater benefits for developments that produce affordable housing units. 99 Examples: Brevard County. Section 62-6310 of the Brevard County Land Development Code allows affordable housing developers to seek reduced design requirements and standards by up to 35 percent for eligible developments 30 acres or under. The standards that may be reduced include front yard setbacks, side yard setbacks, rear yard setbacks, and guest parking spaces. For developments 30 acres and under, permitted on street parking spaces in the public right- of-way along site frontages may count as one-half of a space toward on -site parking requirements. Hillsborough County. Section 6.11.07 of the Land Development Code provides flexibility in setback standards for eligible affordable housing developments. Setback requirements are dictated through the site plan process rather than the established zone district. Pinellas County. Through an Affordable Housing Development (AHD) designation at Section 138-3211 of the Pinellas County Land Development Code, projects are eligible for a variety of zoning incentives including a reduction in setback requirements when it is demonstrated that the development will be compatible with the surrounding neighborhood in terms of scale and building character. On -site parking requirements may be reduced to match the projected parking demand for the development. The applicant shall demonstrate through a technical memorandum or similar analysis that a reduction will not cause an adverse impact to the surrounding neighborhoods. 100 Strategy: Flexible lot configurations Purpose Minimum lot size, maximum lot coverage, open space, and setback requirements may prevent the development of smaller affordable housing units. For example, unduly large minimum lot size requirements will prevent the development of smaller parcels and thus, smaller units that are ripe for affordability. An arbitrary maximum lot coverage requirement could prevent the development of multiple small units on a single lot. Flexible lot configurations can be a creative way to encourage the development of affordable housing units, especially for parcels that may be unique in shape and size. A flexible lot configuration can create a number of smaller housing units on a single lot. One example of flexible lot configuration is zero -lot -line configuration. Zero -lot -line housing enables a more efficient use of smaller lots by allowing developers to construct housing up to the edge of a given lot line. An affordable housing developer could request a zero -lot -line option on a case -by -case basis, or the local government could allow it as -of -right for affordable units. Relevant Statutes S. 420.9076 (4)(f) of the Florida Statutes directs the AHAC to assess: "The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing." Considerations • Grant flexible lot configurations on a case by case or as -of -right basis. • Setback relief for the installation of accessibility modifications, such as a ramp that must be built within a setback, should be by administrative approval. This request is in the form of a reasonable accommodation and should be treated as such. Methodology The availability of alternative site criteria should be included in the zoning and land development regulations with a specific procedure for review and approval. The approval should be administrative and not require a public hearing. 101 Examples: City of Orlando Site design incentives: Certified affordable housing developments or developments with a minimum of 20% affordable housing units are eligible for flexibility and administrative relief for site design elements. This is to allow for the additional density permitted through the inclusionary ordinance. Developments submitted under conventional zoning shall receive the same flexibility in interpretation of the performance standards as a Planned Unit Development. Administrative relief may be granted for all aspects of the Development Review Procedures provided the overall development is consistent with the Comprehensive Plan. Open space: A 50% open space requirement reduction is permissible for certified affordable housing developments. Setbacks: Setbacks for certified affordable housing developments may be varied or reduced from standard requirements on a case -by -case basis and approved administratively by the Growth Management director. Zero -lot line development: Certified affordable housing developments may request zero -lot line configurations on a case -by -case basis where and approved administratively by the Growth Management director. Hillsborough County. Zero -lot -line development is available at 6.01.04 of the Land Development Code for environmentally sensitive developments, affordable housing developments, and planned districts. There is a minimum building spacing of ten feet between detached housing and the section of the Code delineates different standards based on lot size. Hardee County. Where density bonuses are approved for affordable housing, minimum lot size can be reduced by 20%. 102 Strategy: Modification of street requirements Purpose The modification of street requirements can reduce development costs and allow more land to be developed as housing. Modifications may free up land for lots and may allow for more flexible design. Land use regulations typically list a number of requirements related to streets: driveway and walkway requirements, alleyways, curb allowances, drainage requirements, utility easements, and parking on both sides of the street. For example, some affordable housing subdivisions or rental properties may benefit from an allowance for parking on only one side of the street. This reduces the required width for the road, which reduces paved area and its accompanying drainage and water retention area requirements. By designing for parking on one side of the street, rather than no street parking, a developer avoids a design that devotes too much space to parking in a garage, carport, or elsewhere on the lot. On -street parking provides the opportunity to build more housing units. There are trade-offs to consider with each modification to street requirements. Emphasis should be placed on street policies that reduce costs for the affordable housing development and/or allow more units to be built on site. Often, traditional zoning codes provide standard street requirements. If, however, a developer chooses the Planned Unit Development option, street requirements may be negotiated. This approach may require a public hearing, however, which might attract neighborhood opposition. As an alternative, address street modifications through administrative procedures granted on a case -by -case basis by Planning or Development Services staff as they review the details of each project. Relevant Statutes S. 420.906(4)(h) of the Florida Statutes directs the AHAC to assess: "The modification of street requirements for affordable housing." This strategy should not be confused with the required strategy to access parking requirements for affordable housing. Considerations • Consider allowing affordable housing developments to plan for parking on only one side of the street. This reduces the required width for the road, which reduces paved area and its accompanying drainage and water retention area requirements. By designing for parking on one side of the street, rather than no street parking, a developer avoids a design that devotes too much space to parking in a garage, carport, or elsewhere on the lot. • Address street modifications through administrative procedures, granted on a case -by - case basis by Planning or Development Services staff as they review the details of each project. 103 • Remove unnecessary walkways, sidewalks, alleys, and other paved area requirements. Examples: Hillsborough County. This incentive reduces the required width for the road, reduces paved area, and accommodates drainage or water retention. This design allows for parking on the street instead of via a driveway, garage, or carport, which can reduce construction costs and preserve more buildable land for housing units. Sidewalks typically must be constructed on each side of internal subdivision streets. At Section 6.02.08 of the Land Development Code, affordable housing developments are only required to have sidewalks on one side of internal subdivision streets. Brevard County. For eligible affordable developments, permitted on street parking spaces in the public right-of-way along site frontages may count as one-half of a space toward on - site parking requirements. For developments providing a minimum of 30 percent of affordable (up to 120% AMI), or 15 percent workforce (up to 140% AMI) housing units, road widths, driveway widths, drive aisle widths, turn radii, and similar guidelines may be reduced. 104 Strategy: Ongoing regulatory review process Purpose The purpose of this strategy is to require local governments to consider how proposed governmental actions may affect the cost of housing development. This level of review may lead governmental bodies to reconsider certain actions that may increase the cost of development and in turn, increase the price of housing. Similarto the National Environmental Policy Act (NEPA), this strategy does not require a specific action to be taken, but it does require that local government considerthe costs associated with a proposed regulation. This strategy is centered on creating awareness of the potential impact that proposed actions can cause, as well as the economic impact of those decisions on the affordable housing stock. For example, newly proposed design and architectural requirements can increase the overall cost of housing development. This strategy requires local governments to make a record showing how the proposed design standards affect the cost of development so the governing body can weigh the public benefit of proposed actions with the increase in costs to the housing developer. This weighing of interests can result in fewer actions that increase the price of housing. This impact on the cost of housing is required to be tracked by City/County staff and reported each year with the submission of the Annual Report. The chief elected official or designee must execute a certification to confirm that there is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption, the cumulative estimated cost per newly constructed housing unit, and the estimated cost of these actions for each State fiscal year. Relevant Statutes S. 420.9076 (4)(i) of the Florida Statutes directs the AHAC to assess: "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." This is one of the two strategies that is required to be adopted in the Local Housing Assistance Plan (LHAP). Considerations • The implementation of this process requires an affordable housing economic impact analysis to be provided to elected officials when considering each policy, procedure, ordinance, regulation, or plan provision before adoption. • The process requires the staff assigned to determine if decisions have a financial impact on affordable housing and the actual dollar amount of this impact if the policies, procedures, ordinances, regulations, or plan provisions are approved. • Consider utilizing the collective experience of the AHAC to determine whether a proposed action affects the cost of housing. 105 • Train key housing staff in determining the economic impact of various governmental actions related to housing. Methodology Determining how staff will identify the impact of policies, procedures, ordinances, regulations, or plan provisions before their adoption requires that a process be set in place and that key personnel who are responsible for this ongoing review are identified. To properly implement this requirement, the key staff involved must have access to all proposed policies, procedures, ordinances, regulations, or plan provisions with sufficient time to review before they are presented to the City or County Commission. This review requires key staff to identify if there is a financial impact on affordable housing and the exact amount of that impact. This may require additional research, meeting with other government staff, consulting other experts, and attending council and commission meetings to provide this information to the government body before the proposed policy is adopted. This requirement does not prohibit local government from taking actions that increase the cost of housing; it is only meant to ensure they do not do so accidentally. Examples: City of Orlando. The Florida Statutes require local governments to establish a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan revisions if the adoption increases the cost of housing. Land Development Code (LDC) amendments and Growth Management Plan (GMP) amendments are reviewed by the Planning Division and the Municipal Planning Board. Final review and approval is by City Council. Those responsible for reviewing proposed ordinance and policy amendments consider a variety of issues including the reason(s) whythe amendment is being proposed and whether the regulations and policies within the LDC and GMP respectively support the proposed amendment. All LDC and GMP amendments that may impact the development of affordable and attainable housing are reviewed by the Housing Expediter and the AHAC before submission to City Council for approval. During the review of the proposed policy or regulation, staff performs research on the impacts of that policy or regulation on housing cost in the Technical Review Committee Project and Analysis Report. Staff from the initiating department/division discusses the policy impact with the Housing Expediter. The Housing Expediter then schedules a meeting to present the policy amendment to the AHAC with a Housing Impact Statement detailing the economic impact for the development of affordable or attainable housing. Recommendations bythe AHAC regarding the impacts ofthe proposed regulations or policy on housing costs are included in the MPB report for recommendation to City Council, who makes the final decision. 106 Hillsborough County. The Board of County Commissioners approved the creation of a permanent Affordable Housing Advisory Board (AHAB) to advise and make recommendations to the Board of County Commissioners and Affordable Housing Services on issues affecting affordable housing development. The AHAB is to assist the County in developing new programs and policies in order to foster the development and preservation of attainable housing for those County residents who desire to live in safe, decent, and affordable housing. County housing staff shall draft an Administrative Directive for consideration by the County Administrator establishing a requirement for consultation among the relevant departments or offices before drafting policies, procedures, ordinances, regulations, or plan provisions to determine the effect on affordable/workforce housing development or the cost of housing development. This includes activities which may impact the protection of current affordable/workforce housing or the rehabilitation of the existing housing stock for low-income homeowners/buyers. Volusia County. Volusia County's Growth and Resource Management/Development Review Committee submits a quarterly summary to the Community Assistance Division that summarizes if any actions anticipated to be taken during the next quarter could increase the cost of housing. Lee County. Lee County created an Executive Regulatory Oversight Committee with the responsibility to review and consider the impact of development regulations being considered for adoption on the cost of development. 107 Strategy: Surplus lands inventory Purpose Discounted or donated land can significantly reduce the cost of developing affordable housing. Generally, due to the high cost and limited availability of land in urban parts of the state, government -owned land is an essential tool for affordable housing development. Locating suitable land for affordable housing can be challenging. Public land is a valuable resource, and it is essential to have guidelines to ensure that these parcels are properly identified and used for affordable housing. Available land that is suitable for affordable housing development is a primary concern for housing providers. A land bank is an active and thorough tool that can be used to implement the surplus land statute. With appropriate disposition, policies can create more opportunities for the successful development of affordable housing. Relevant Statutes S. 420.9076 (4)(j) of the Florida Statutes directs the AHAC to assess the strategyto: "Prepare a printed inventory of locally owned public lands suitable for affordable housing." Cities and counties are required by Florida's surplus lands law (Florida Statutes 166.0451 and 125.379, respectively), to prepare an inventory list every three years of all real property within the jurisdiction to which the local government holds fee simple title that is "appropriate for use as affordable housing." The inventory list must go to a public hearing, and it may be revised afterward. Following the public hearing, the governing body must adopt a resolution that includes the inventory list. The statute does not define what is "appropriate for use as affordable housing" so the standard for determination is up to each local government. Local government should strive to place the most parcels on the inventory list as possible. It is a best practice to start with the concept that if a parcel that could be developed for residential purposes, it is appropriate for use as affordable housing. Types of properties which are undevelopable or not appropriate for affordable housing would be slivers of land remaining from right of way work, or properties that would be unsafe for human habitation due to the proximity of toxic uses. All parcels that could be developed for residential use and are not absolutely needed for other governmental purposes should be placed on the inventory to further the local government's housing goals. When a parcel is placed on the inventory or otherwise determined to be suitable for affordable housing development, the local government has a new valuable resource for housing at its disposal. Further, s. 125.01055 and 166.04151 of the Florida Statutes allow local governments to approve the development of housing that is affordable on any parcel zoned for residential, commercial, or industrial use notwithstanding any other law or local ordinance to the contrary. In practice, this allows affordable housing units to be developed in those zones without the need fora zoning change or comprehensive plan amendment. In the surplus land 108 context, this provision of Florida law opens up more government -owned land to use as affordable housing. Local governments should look at its parcels zoned for residential, commercial, and industrial uses for use as affordable housing. Under Florida's surplus lands law, the properties on the inventory list of properties appropriate for use as affordable housing may be offered for several purposes: 1) for sale in which the proceeds are used to purchase land for the development of affordable housing; 2) to increase the local government fund earmarked for affordable housing; 3) for sale with a restriction that requires the development of the property as permanent affordable housing; 4) to donate to a nonprofit housing organization for the construction of permanent affordable housing; or 5) to otherwise make the property available for the production and preservation of permanent affordable housing. Even if local government asset is not on the inventory list, the local government can still place a deed restriction on the parcel for use as affordable housing or use the proceeds from its disposition for affordable housing purposes. Considerations • A robust surplus land policy with a variety of available parcels on the inventory list can be of great value to a community's affordable housing stock. • All parcels that are appropriate for residential development are appropriate for use as affordable housing. • Consider properties that are not currently zoned for residential uses pursuant to s. 125.01055 and 166.04151 of the Florida Statutes. • A properly managed land bank requires a commitment of staff time. • The resolution of title issues requires legal action and incurs costs for counsel and quiet title actions. • Disposition policies that are not properly designed can result in either too little activity due to burdensome requirements or excessive demand from private developers who may be able to sidestep affordable housing provisions. • See the Florida Housing Coalition's 5urp/u5Land5Guide,bookfor more information. Methodology The land bank is an ongoing program; to be truly effective it will require staff resources and should become an integral part of the housing planning process. The essential components are an Action Plan and Operating Procedures. An advisory committee can serve as the oversight group that reviews and possibly improves upon the land inventory that is being developed and maintained as well as disposition procedures. Greater commitment to finding or creating appropriate parcels can render the surplus lands initiative more successful. The three examples below illustrate this: 109 Oftentimes, local government obtains title to environmentally sensitive properties for conservation, but not all the land obtained in a particular transaction is environmentally sensitive or important for conservation. In that instance, lands for affordable housing may be derived from separating non -sensitive lands from environmental acquisitions. 2. With property appraisal data readily available and the large number of realtors who are both affordable housing advocates and knowledgeable about local inventory, an advisory committee may be in the position to ask why a certain parcel is not on the list. Remember, the list initially submitted for review at the public hearing may not be the list that is ultimately adopted by resolution. 3. Other governmental entities in your community may be able to donate land for the local government's affordable housing purposes. Local school districts are authorized by s. 1001.43(12) of the Florida Statutes to use portions of school sites, land deemed not suitable for education purposes, or land declared as surplus by school board to provide sites for housing for teachers and other school personnel. The Community Redevelopment Agency (CRA) may have land at its disposal that can be transferred to the city or county. Further, s. 189.081(6) of the Florida Statutes provides that any independent district created under a special act or general law for the purpose of providing urban infrastructure or services may provide housing and housing assistance for its employed personnel whose total annual household income does not exceed 140% of the area median income. Consider reaching out to nearby governmental entities to partner on surplus land polices. Escheated properties In cases where the property has escheated pursuant to s. 197.592(3) of the Florida Statutes the county is required to convey the property to the city in which the land is located but only if certain conditions apply. In the event the city does not accept title to the property, the disposition of the property would be at the county's discretion. This underscores the importance of a policy for affordable housing land banking. Steps to establish and operate a Land Bank Program Phase I: Establish the Land Bank Program • Appoint staff to implement the program. • Appoint advisory committee (may be sub -committee of AHAC). • Review the county and city owned land inventory. • Review all outstanding code liens. • Review status of abandoned or tax foreclosed properties. • Review status of escheated properties. UM • Develop a spreadsheet or other database that includes the parcel identification, legal description, address, ownership, site dimensions, known tax or code liens, type of deed (tax or otherwise) current zoning and land use and a comment on suitability. • Solicit offerings of properties from the private sector; conduct due diligence, add to land bank for future purchase consideration. • Categorize or prioritize parcels for quiet title action. • Provide funding for legal services to conduct legal proceedings. Phase 2: Develop Operating Procedures • Develop Acquisition Procedures. • Develop Disposition Procedures. Phase 3: Activities • Identify remediation requirements so properties are insurable for title insurance. Due diligence When determining if a lot is suitable for affordable housing, consider the following forms of due diligence: • Environmental conditions. • Available infrastructure. • Access by public roads. • Zoning and Land Use classifications. • Proximity to transportation, services, and employment centers. • Size and dimensions characteristics with consideration for assemblage. • Consolidation with other parcels. Disposition of surplus land The disposition of surplus lands should further the goals of the Local Housing Assistance Plan and the Housing Element of the Comprehensive Plan. Parcels should be conveyed to developments that can be occupied within 24 months with appropriate long-term affordability through a land trust, deed restrictions, or mortgages. The advisory committee can establish or improve upon the policies for land disposition. Parcels might, for example, be reserved for those recipients who are part of ongoing affordable housing partnerships. Each local government may decide to prioritize the use of surplus land for those lowest income applicants most in need, orfor uses identified as priorities in the comprehensive plan. Each community may decide whether to allow for -profit developers to develop on surplus land or may only provide land for nonprofit developers. Consider also that local governments M throughout Florida are currently faced with the displacement of mobile home park residents; putting public surplus lands into the hands of a nonprofit to provide permanent housing for displaced mobile home park residents may be ideal for many communities. Examples: City of Jacksonville. In 2021, the City of Jacksonville passed new legislation that elevates the Community Land Trust to a "city agency" that can request government -owned land before the general public. By giving a Community Land Trust first look at available parcels, more government -owned land is expected to be used for affordable housing. Miami -Dade County. The Miami -Dade County Urban Infill Program is designed with the primary purpose of increasing the supply of affordable housing by the conveyance of municipally -owned vacant land, and strategically acquired privately -owned properties within targeted neighborhoods. The program aims to eliminate blight and increase the tax rolls, like typical land banks seen in other states. Yet, the program has a clear focus on homeownership for very low-, low -and moderate -income households. The program calls for an affordability period of twenty years. Properties within the program include: • Government -owned property no longer in use or needed. • Surface parking lots of government -owned facilities. • Land donated in lieu of satisfying inclusionary zoning requirements. • Private donations of land other than in lieu donations. • Land held by nonprofits for future development. • Land acquired specifically for affordable housing using revenue from in lieu fees and commercial linkage fees. Land acquisition could focus on transit -oriented development opportunities. Palm Beach County. As required by Florida Statute, section 125.379, the Department of Housing and Community Development maintains a listing of County owned properties that are appropriate for use as affordable housing. The property list shall be updated and provided to the County Commission for surplus approval when surplusing is required. The Department of Housing and Community Development is, upon approval of this Housing Assistance Incentives, authorized to dispose of the properties for affordable, attainable or workforce housing purposes with the advice and consent of the Mayor. The Mayor is authorized to execute all documents necessary achieve the disposition. The methods of disposition may include: • Sale of the properties with the proceeds going to the Housing Trust Fund. • Transfer of properties, at no cost, to a nonprofit for the development of affordable housing. "Pa • Selling to nonprofits or private parties with a provision that the property be used for an affordable, attainable or workforce housing developments. • The City may retain the properties to build or preserve affordable, attainable or workforce housing. The City Commission shall be advised of all such dispositions on a quarterly basis. City of West Palm Beach. The City of West Palm Beach has a robust surplus land program that has resulted in dozens of new homes built for low- and moderate -income families. Due to the city's historical development pattern and its geographical network of older neighborhoods, many properties were abandoned and acquired through code enforcement lien foreclosure or tax deed escheatment. Additionally, the city has purchased many properties outright with Neighborhood Stabilization Program (NSP) funds. The supply of parcels constantly changes as the city receives tax deeds from the county, clears title, and prepares the properties to be marketed both for sale to the private sector and for donation to nonprofit housing developers. A real estate firm is selected to market the for -sale parcels on Multiple Listing Service (MLS) and the city's website. When properties are sold, the city deposits the sale proceeds into its affordable housing trust fund. Nonprofit housing organizations can also review the city -owned property list and apply to receive properties by donation. A committee reviews the applications, and donation recipients have 18 months to complete the proposed developments. While the city does not prioritize community land trusts for receiving donated parcels, community land trusts are active participants in the program. 113 Strategy: Transportation hubs and transit -oriented development S. 420.9076(4)(k) of the Florida Statutes directs the AHAC to assess: "The support of development near transportation hubs and major employment centers and mixed -use developments." Purpose Development near transportation hubs: In many urban areas of Florida, the costs of owning and maintaining an automobile is the second largest expense after housing. Long commutes can further drive -up total household expenses. Flexible land use requirements that support development near transportation hubs and major employment centers can help low- to moderate -income residents reduce their transportation costs. By concentrating development around transit hubs, local government can make public transportation more convenient to users and improve ridership. Further, by having citizens use public transit, there is less pressure to expand roads, which can be very costly in highly urbanized areas. Increasing densities around transit and employment hubs reduces commuting costs can create robust mixed -use communities. Mixed -Use Developments: Mixed -use developments, in the affordable housing context, are structures typically containing commercial or office and residential uses. For example, a mixed -use development could have retail stores on lower floors with residential units on the top of the building. The income generated from the retail space can help subsize the cost of the housing units. Areas that are high in mixed -use developments can be more walkable, thus lowering transportation costs. Transit -oriented development: More Florida communities are developing rail transit systems. In 2012, the Florida Department of Economic Development prepared a framework and guidelines to help communities plan for development within the vicinity of transit stations. This planning framework is generally referred to as Transit Oriented Development (TOD) and was included as an incentive in the SHIP program. TOD recognizes that urban and regional planning can support viable transportation infrastructure that can reduce transportation costs for residents and reduce traffic and the need for new road construction. Proper planning of transit centers can boost ridership, spur economic development, limit sprawl, and minimize the impact of traffic congestion. It can also alleviate the need for lower - income households to rely solely on personal automobiles which can result in great financial opportunities for housing, health care and/or education. TOD planning is generally focused on land use patterns within a quarter to a half -mile of transit stations. This planning area generally has higher property values compared to surrounding areas which can price lower -income or workforce households out of the neighborhood. It is important to prioritize the development of high -density affordable housing in transit station neighborhoods. This can be done with regulatory and financial incentives. Financial incentives could include giving higher scores to funding applications "E11 that are in TOD areas or otherwise in close proximity to transit. Regulatory incentives could include density bonuses for developments that provide affordable housing. TOD incentives or strategies can include the following: • Expedited permit review. • Funding priorities placing higher scores on applications near transit. • Flexible residential development strategies such as density and site criteria • Reduced impact fees. • Inclusionary housing programs. • Land acquisition and land banking reserved sites for residential development that targets workforce households. • Reduced parking requirements. TOD methods are most relevant in urban areas, but clustering development near transit and higher density mixed use neighborhoods can have a positive impact on the livability, cost, and long-term financial stability of suburban and rural communities as well. Considerations • Explore incentives, such as density bonuses and other flexible land regulations, to increase the supply of affordable housing near transportation and employment centers. Overlay districts over targeted areas can be a successful tool to encourage affordable housing development. • Public transportation hubs are not typically found in the less urbanized regions of the state. In addition, citizens may preferto live in suburban subdivisions when available, and at a reasonable cost, over a highly concentrated development. Methodology Local government can offer flexible land use regulations to allow more units to be built near transit hubs and major employment centers. An overlay district or special zoning category governing targeted areas can be used to increase densities and provide flexible standards in regard to parking, height, green space, and setback requirements. Examples: City of Tampa. Under the Comprehensive Plan, there are established development criteria for main corridors. Light rail routes are focal points for proposed affordable housing. Most bus routes are currently accessible along main corridors. The Comprehensive Plan incorporates significant use of transit. 115 The City's policy is to determine the future needs of the aging population and address those needs in the Comprehensive and Consolidated plans. Future needs of disabled populations for housing are also a key concern. The City's policy is to focus recommendations on the Urban Core and transit/economic development areas, but not to the exclusion of the rest of the City. The City explores funding from SMART grants. City of St. Petersburg. The City supports development near transportation hubs and major employment centers. Moreover, the City supports mixed use development. In order to be successful, development near transportation hubs and employment centers typically includes a mixture of land uses, as well as higher densities and higher floor area ratios. The City's land development regulations (LDRs) encourage mixed -use and mixed -income, higher -density development that is concentrated along major corridors and within five designated activity centers: Gateway, In town/Downtown, Central Plaza, Central Avenue Corridor and Tyrone area. Additional Incentives and Strategies to Consider Although the SHIP statute establishes the eleven incentive strategies that must be considered, the AHAC can include recommendations on additional incentive strategies in its Report. These additional incentives can focus on any aspect of affordable housing policy as decided on by the AHAC. This section provides some examples of additional incentives the AHAC can consider. For more information on any of these incentives, please see the Florida Housing Coalition's publications at www.flhousing.org/publications or contact us. Inclusionary Zoning Inclusionary zoning (IZ) is a land use planning tool that requires certain market -rate developers to include a percentage or number of affordable units within the market -rate development. This strategy is discussed in the previous section on "Flexibility in Densities for Affordable Housing." The AHAC can make recommendations to the City or County Commission on how and where to implement an inclusionary zoning ordinance. Community Land Trust A community land trust (CLT) is the name of both a nonprofit and a strategy to ensure permanent affordable housing. Under the CLT model, the CLT retains ownership of the underlying land and sells the home and improvements to an income -eligible household. The homeowner household has a fee simple interest in the home and improvements subject to 99-year ground lease on the land with the CLT. The 99-year ground lease contains resale restrictions to keep the home permanently affordable and establishes the CLT as the steward of the property in perpetuity. This stewardship role allows the CLT to help if the homeowner misses a mortgage payment, needs continuing education, or suffers an unexpected hardship. 116 CLTs maximize the use of government subsidy. Homeownership programs, such as SHIP, provide subsidies that are generally loaned ratherthan granted. When electing to issue a loan as opposed to a grant, subsidies are recaptured upon resale and are recycled to help another family transition into homeownership. However, under the normal economic environment of rising home prices, recaptured monies from a loan made five to ten years earlier are typically not enough to get another income eligible family into homeownership, as the gap between the family income and the purchase amount will now be greater. In markets with rapidly increasing home values, recapture provisions for traditional down payment and closing cost assistance do not keep pace with the appreciation in value of the homes that low-income families purchase. Thus, under subsidy recapture, governments typically need more public subsidy to get subsequent households into homes. Through a CLT, instead of a subsidy being tied to a particular homebuyer, the subsidy is linked to a specific unit. This allows the public resource to be retained in the home that continues to be affordable to an income eligible family, regardless of the rise in home prices. This is because the price of a CLT-owned property is required to remain affordable upon resale, and the resale formula is based on how much the CLT homebuyer paid in equity at closing (down payment) as well as all principal payments made on the mortgage, plus a defined amount of appreciation. Upon resale, the initial subsidy is retained by the new homeowner, rather than recaptured by the CLT. The AHAC can include a recommendation to direct the City or County to explore forming a CLT or to partner with an existing CLT to produce permanently affordable housing units. For more information on CLTs, see the Florida Housing Coalition's CLT Primer at www.flhousing.org/publications. Locally Sourced Funds In addition to looking at how SHIP funds are expended, the AHAC could make recommendations on how the City or County Commission could raise or utilize other local funding for affordable housing development. The AHAC could look at the following strategies to supplement local SHIP dollars: • Federal funding • Linkage fees • Infrastructure surtax • General revenue • Community Redevelopment Agencies (CRA) • Bonding authority "n Adaptive Reuse Adaptive reuse is a term that refers to repurposing a building or structure for a use other than its original design. This includes repurposing abandoned or underutilized shopping centers, industrial sites, and public buildings into more productive uses. The AHAC could recommend strategies, including amendments to the land development code, that facilitate the transformation of vacant or underutilized structures into housing. For more on adaptive reuse, see the Florida Housing Coalition's Eyesore toAsset -Adaptive Reuse Guidebookat www.flhousing.org/publications. Manufactured Housing Manufactured housing units make up a sizeable portion of Florida's unsubsidized affordable housing stock. The AHAC could consider zoning and funding recommendations that facilitate the siting of manufactured housing units. Strategic Partnerships The AHAC could make recommendations for the local government to partner with local or regional institutions to form a comprehensive approach to facilitate the development of affordable housing. Strategic partnerships could include: • Local school board • Universities • Philanthropy • Major employers • Community -Based Nonprofit Organizations • Religious Institutions • For -profit housing providers 118 IX. Beyond Incentive Strategies: Other Possible AHAC Responsibilities The SHIP Statute only assigns one task to AHAC members: annually recommend affordable housing incentive strategies. In some communities, however, AHAC members may be assigned additional responsibilities. Several possible activities are offered in this chapter. If responsibilities are thoughtfully assigned, an AHAC may save staff time and serve as an additional level of program quality control. Committee members may contribute ideas to improve the local SHIP program, and the AHAC's recommendations maycarryweight as City or County Commissioners consider changes to SHIP strategies, policies and procedures, as well as other affordable housing initiatives. Options included in the SHIP Statute Other AHAC duties are addressed in section 420.9076 (8) of the Florida Statutes, which notes that: '(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. " Mentoring services New community partners may benefit from an orientation to affordable housing initiatives. Lenders, for example, may benefit from an orientation when starting with SHIP, especially in SHIP communities that require participating lenders to follow loan terms guidelines. Newly participating lenders may find it helpful to network with loan originators experienced at coordinating SHIP purchase assistance with other closing requirements. The same is true for contractors working on owner occupied rehabilitation. If participating lenders and contractors are on your AHAC, ask them to support those new to the SHIP program. Also consider the mentoring services that other AHAC members might provide, including the members who actively serve on the local planning agency, advocate for low-income persons, and work for a nonprofit provider of affordable housing. 119 Creation of best practices The AHAC can support best practices by improving existing strategies for SHIP funds in the LHAP. They may, for example, recommend changes to the application process or the eligibility criteria. The AHAC can also operate outside of SHIP and offer best practices for other programs and local initiatives including federally funded programs, local revenue raising initiatives, and making recommendations on other local funding strategies. Additional Possible AHAC Responsibilities Community Outreach and Feedback The members on an advisory committee are intentionally selected because of their networks, spheres of influence, and relationship to affordable housing. AHAC members are encouraged to share with their network the details of how to apply for local government assistance and the successes of the program. AHAC members can also be the eyes and ears in the community. They may observe changing trends in housing need, barriers to SHIP strategy success, or sources of housing assistance to leverage with SHIP. These and other observations may inform the AHAC, which can propose changes to improve affordable housing funding strategies. AHAC members may also assist with 'Ongoing Review', the SHIP mandatory affordable housing incentive addressed earlier in this guidebook involving a process to consider before adoption policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. If an AHAC meets monthly, they could adopt the responsibility of monitoring any local government action related to housing in advance of the next city or county commission meeting. More guidance on ongoing review is provided in the "Overview of Incentive Strategies". Oversee SHIP Assistance The AHAC may request that staff provide an updated SHIP tracking spreadsheet at each ongoing AHAC meeting. This tool will assist advisory members in reviewing staff's progress related to SHIP expenses, encumbrances, set -aside compliance, and upcoming deadlines. In cases where a community is close to missing an expenditure or encumbrance deadline, AHAC members can join staff in making a plan to ensure compliance. In-depth training on SHIP tracking and reporting may be viewed on the Florida Housing Coalition's website, www.flhousing.org. Help Create SHIP Procedures It is not the role of the AHAC to be involved in day to day operations of the SHIP program. That deep level of program administration is completed by SHIP staff, who are guided by the LHAP, the SHIP Rule and Statute, and local policies and procedures manuals. 120 The AHAC should avoid serving as a loan committee or otherwise assisting with applicant processing and other administrative duties. This type of arrangement may be counter- productive to a program, adding another layer of bureaucracy to the process, and possibly resulting in a poorly -run program, potential conflict of interest issues, and potential program compliance problems. The application process and eligibility determination should be completed by staff based on written guidelines. The commitment of a SHIP award should not be contingent on AHAC review or approval. AHAC members may, however, have a role to play in writing policies and procedures —since some SHIP offices do not have them —or adding to an existing procedures manual. Often, the role of the AHAC is to ensure that the application and assistance process is efficient, reasonable, and applied consistently for all SHIP applicants. Ultimately, the advisory committee'sjob is to offer recommendations. Often, final authority on decisions resides with senior staff or the governing body. Review or Propose New Strategies In some cases, SHIP staff may present new strategies for spending SHIP funds to the AHAC to gain their support and recommendation before seeking adoption bythe governing board. In other cases, AHAC members respond to trends that they see in housing need to recommend new SHIP -funded assistance strategies. In recent years, SHIP jurisdictions have explored strategies focused on applicants with COVID-related hardships, veterans assistance, rent subsidies for homeless households, hurricane home strengthening, community land trusts, foreclosure prevention, and more. AHAC members may get additional ideas by attending the Florida Housing Coalition's conference, webinars and workshops, as well as by reviewing the Coalition's past journals and training materials on www.flhousing.org. Enhance Existing Strategies Change Maximum Award: Costs increase overtime, and the maximum amount of assistance must occasionally be increased. SHIP staff and AHAC members should consider feedback from local housing partners like lenders, builders and repair contractors when recommending award levels. They should also review data of recently assisted households to get a clearer picture of the funding levels that future applicants will need. Update Eligibility Criteria or Prioritize Assistance: While all who receive SHIP assistance must be income eligible, additional criteria might include being current on property taxes, or the requirement to attend a class related to the assistance provided. For some strategies, the AHAC might recommend requiring applicants to contribute some of their own money towards the housing assistance provided. In other cases, the AHAC may recommend offering priority assistance to certain types of applicants. Some priorities include assistance for elderly applicants or persons with disabilities. Also consider prioritizing cases where other subsidy funds will be leveraged alongside SHIP to help an applicant. Types of Eligible Housing: Consider recommendations related to manufactured housing — also called mobile homes. SHIP may be spent on manufactured home that are constructed afterjuly 1994, which is a statutory requirement. Consider if such housing should be eligible for purchase assistance or repair in the local SHIP plan. IN X. Appendix Incentive Strategies Report Template This report template is a sample for review and there is no requirement to adopt this report format. At a minimum, items (a) through (k), as outlined in the SHIP Statute, must be included in the report. Florida Housing Finance Corporation staff request that each of the (a) through (k) items be explicitly included even in cases when the advisory committee has no recommendation. In such a case, write "No Recommendation" or an explanation to document that the incentive was discussed, like "The AHAC does not consider that this type of incentive strategy is appropriate for the community". For each recommendation to improve an incentive strategy or add a strategy, propose a 'Schedule for Implementation'. This should list steps needed to apply the recommendation if it is approved by the governing board. It may identify additional documents beyond the LHAP that must be updated to implement the reform. Affordable Housing Advisory Committee Report to Board of City / County Commissioners SHIP Affordable Housing Incentive Strategies SUBMITTED TO: BOARD OF CITY/COUNTY COMMISSION SUBMITTED TO: FLORIDA HOUSING FINANCE CORPORATION DATE SUBMITTED: .lJITAT16140: BACKGROUND As a recipient of State Housing Initiative Partnership funds, the City/County established an Affordable Housing Advisory Committee on DATE as required by the Florida Statutes, Sec. 420.9076. The AHAC is responsible for reviewing and evaluating local plans, policies, procedures, land development regulations, the Comprehensive Plan, and other aspects of the City/County housing activities that impact the production of affordable housing. Further, the AHAC is specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out at Florida Statues, Sec. 420.9076 (4)(a)-(k). Based on the AHAC evaluation, it may recommend to local government that it make modifications of, exceptions to, or creation of new plans, policies, procedures, and other governing vehicles which would encourage production of affordable housing. 122 As approved by the City/County Commissioners, the recommendations are used to amend the Local Housing Assistance Plan, the local Comprehensive Plan, land development regulations, and other policies affecting affordable housing. COMMITTEE COMPOSITION The City/County Commission appointed or re -appointed members to the Committee on DATE. Florida Statutes, Sec. 420.9076(2) lists the categories from which committee members must be selected. Each AHAC must have a locally elected official from the county or municipality participating in the SHIP program. The locally elected official must be a City or County Commissioner. The elected official will count as a member of the AHAC for purposes of meeting the number of members requirements. There must be at least eight committee members, but not more than eleven, with representation from at least six of the following categories: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for -profit provider of affordable housing. (f) A citizen who is actively engaged as a not -for -profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A 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) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. 123 The appointed AHAC Committee members are included here, along with their category affiliation. Name Category Represented Date Appointed 1 Elected Official 2 3 4 5 6 7 8 AFFORDABLE HOUSING RECOMMENDATIONS The AHAC has reviewed local government plans, policies, and procedures; ordinances; regulations; statutes; and the comprehensive plan, among other documents applicable to affordable housing, for evaluation of their impacts on affordable housing. Further, the AHAC has specifically considered and evaluated the strategies set out at Florida Statues, Sec. 420.9076 (4)(a)-(k). Based on this review and evaluation, the AHAC has formulated recommendations to the City/County Commission that it incorporate into its housing strategy certain changes designed to encourage and facilitate the production of affordable housing. The AHAC, from its review, consideration, evaluation, and recommendations, drafts and submits this report to the City/County Commission, to the Florida Housing Finance Corporation, and the Florida Housing Coalition, as the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program, which details the scope of its work and the resulting recommendations. From the review and evaluation of the local government documents listed here, the AHAC makes these recommendations to the City/County Commission that it incorporate into its housing strategy. The AHAC has reviewed, considered, and evaluated the following the strategies provided in the SHIP Statute at Florida Statutes, Sec. 420.9076 (4): (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(03. 124 (b) All allowable fee waivers provided for the development or construction of 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) Affordable accessory residential units. (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. (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. EXPEDITED PERMITTING Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: FEE WAIVERS FOR AFFORDABLE HOUSING Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: FLEXIBLE DENSITIES Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: 125 RESERVATION OF INFRASTRUCTURE CAPACITY Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: PARKING AND SETBACK REQUIREMENTS Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: /_19to] :107_1:311111ff_[4Zy*XYi]: d;1*1191a019/_\410I7►11M Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: FLEXIBLE LOT CONFIGURATIONS Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: MODIFICATION OF STREET REQUIREMENTS Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: PROCESS OF ONGOING REVIEW Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: 126 PUBLIC LAND INVENTORY Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: SUPPORT OF DEVELOPMENT NEAR TRANSPORTATION HUBS Meeting Synopsis: Existing Strategy: AHAC Recommendation: Schedule for Implementation: 127 Glossary Affordability Period —The time period for which rent restrictions or resale restrictions apply to housing that has been assisted by government funding. Affordable Housing —Affordable housing is safe and decent housing. It differs from market rate housing in two ways: 1) The income of the family living in the housing, and 2) The financing of the housing. In Section 420.0004 of the Florida Statutes, "affordable" means monthly housing payments including taxes, insurance, and utilities that do not exceed 30 percent of the gross annual income for extremely low (0-30% AMI) to moderate -income households (120%AMI). Amortization —A plan for paying off a financial obligation by making periodic installment payments over a set period of time, at the end of which the loan balance is zero. Often mortgages have a 30-year amortization, requiring the borrower to make 360 equal monthly payments. Annual (Gross) Income —Total income before deductions (earned, unearned and asset income) anticipated to be received by all persons who currently reside or intend to reside in a program assisted -unit for the coming 12-month period. When determining whether a household is income eligible, local governments, participating jurisdictions and project owners often use the definition of annual income in 24 CFR section 5.609 along with chapters of detailed guidance one what counts and is excluded from household income. Articles of Incorporation —Legal document submitted to a designated officer of the state for permission to commence business as either a for -profit or non-profit corporation. The articles of incorporation, or charter, state the purpose, rights and duties of the corporation. Assets —Cash or non -cash item that can be converted to cash. Under most federally and state funded housing programs, the income from an asset, either actual or imputed, is included in a family's total household income. Back -End Ratio—(i.e., debt ratio) A calculation used by the lender to determine if the amount of income less debt is sufficient to afford the monthly payment. It is calculated by taking the monthly mortgage payment (PITI) and dividing it by the sum of the gross monthly income minus the total monthly debt payments of the applicant. The maximum ratio varies from 32%to 40%, depending on the loan and program applied for. In other words, no more than 40% of the applicant's income should be set aside for the monthly mortgage payment. Bylaws —The rules governing the internal affairs of an organization or governmental entity. CAA - Community Action Agency—CAAs were organized in the 1970s with the goal of eliminating the causes, conditions, and effects of poverty. Sometimes referred to as CAP (Community Action Program) agencies, they may be a private, non-profit, tax-exempt corporation or a department within local government. CAAs may operate a variety of 128 programs that serve low income and elderly residents of the community, including emergency home repair, weatherization, food distribution, employment counseling, homeless assistance, transportation and Headstart. CAAs generally receive funding from a variety of federal, state, local, and private sources. Sometimes referred to as CAP (Community Action Program) agencies. Cash Flow —Revenue less expenditures over a set period of time. Catalyst Program -The Affordable Housing Catalyst Program is administered by the Florida Housing Finance Corporation. It provides training and technical assistance to local governments and community -based organizations to assist in developing capacity to undertake affordable housing. CDBG - Community Development Block Grant —The U.S. Department of Housing and Urban Development (HUD) administers two CDBG programs. Under the CDBG Entitlement Program, HUD provides funds directly to urban counties and metropolitan cities based on a population -based formula. The CDBG Small Cities Program awards grants on a competitive basis to non -entitlement counties, cities, and towns in Florida. CDC - Community Development Corporation —A CDC is usually a local, non-profit entity organized to address long-term community revitalization by building affordable housing, assisting, or starting small businesses, and creating jobs. CHDO - Community Housing Development Organization —Under the HOME Program, a CHDO is a private, non-profit, 501(c)(3) tax exempt organization that has, among its purposes, the provision of decent, affordable housing to low- and moderate -income persons. CHDOs must, among other things, have demonstrated capacity for carrying out activities funded with HOME funds, and must maintain at least one-third of its governing board's membership for residents of low-income neighborhoods, other low-income community residents, or elected representatives of low-income neighborhood organizations. Further information can be found in the HOME Rule, 24 CFR, Parts 91 and 92. Compliance —The act of meeting requirements and conditions specified in statutes, rules and/or federal laws regarding the CDBG Small Cities, HOME, SHIP, or other state and federal housing programs. Consolidated Plan —A plan developed by a local government which describes the needs, resources, priorities, and proposed activities to be undertaken with funds provided under various federal programs. A consolidated plan is required for all participating jurisdictions. CRA- Community Reinvestment Act —enacted by Congress in 1977, this states that banks and savings institutions have an affirmative obligation to serve the public, and especially to help meet the deposit and credit needs of local communities in which they are chartered, including the needs of residents in low- and moderate -income neighborhoods. Failure of an 129 institution to meet these needs can result in a financial institution being unable to expand or merge with another lender. Credit Underwriting —A process used by lenders (including government lenders) to evaluate the feasibility of rental development, i.e., whether project income will be sufficient to pay the loan and operating expenses. Deed —A legal instrument that transfers property ownership from one party to another. Deferred Payment Loan —Funds provided to a borrower under terms that calls for repayment to be delayed for a certain length of time, until certain circumstances change, or a certain threshold is met. In housing programs, deferred payment loans are often used as a recapture mechanism. In home ownership programs the loans often become due when the assisted family sells the home. Under rental programs the loans often become due if the affordability requirements are breached. In most housing programs these loans have an interest rate of zero percent; in some communities interest does accrue. Demographic Data —Information about the characteristics of human populations, including size, income, age, wealth, race, ethnicity, gender, housing conditions, etc. Developmental Disability —Florida Statute 393 defines "developmental disability" as a disorder or syndrome which is attributable to retardation, cerebral palsy, autism, or spina bifida and which constitutes a substantial handicap that can be reasonably be expected to continue indefinitely. The Florida Statutes requires that at least 20 percent of a community's SHIP allocation be expended to assist households in which one or more members has a developmental disability or another type of special need. Disabling Condition —This is defined in section 420.0004(7) of the Florida Statutes as a diagnosable substance abuse disorder, serious mental illness, developmental disability, or chronic physical illness or disability, orthe co -occurrence of two or more of these conditions, and a determination that the condition is: (a)Expected to be of long -continued and indefinite duration, and (b)Not expected to impair the ability of the person with special needs to live independently with appropriate supports. The Florida Statutes requires that at least 20 percent of a community's SHIP allocation be expended to assist households in which one or more members has a disabling condition or another type of special need. DRI - Development of Regional Impact —Large-scale developments that are required to undergo a comprehensive regional impact review prior to local government approval. The review process is coordinated by a regional planning council (RPC). Among other considerations, the RPC must consider whether nonresidential DRIs ensure the availability of accessible housing for use by the employees of the development. EAR - Evaluation and Appraisal Report —This is a report that each local government must initially prepare five years after the adoption of its local government comprehensive plan to look at how the plan is working. It is required to be reviewed periodically thereafter. The EAR 130 is intended to reflect changes in state policy on planning and growth management. The EAR must set forth the "actions" or "plan amendments" that are necessary to respond to changes in growth policies and updated information on local conditions. Eligible Household —An individual, family or group of individuals living together as a unit, determined to be of very low- to low-income for participation in the CDBG Small, HOME, among other funding programs. Eligible households have income ranging from very -low up to moderate -income for participation in the SHIP Program. Equity —The market value of real property, less the amount of existing debt or liens. Fair Housing Act —The Fair Housing Act makes it illegal to deny housing, refuse to rent, sell, or negotiate, or offer different terms and considerations because of race, color, religion, sex, national origin, handicap, or familial status. If you suspect violation of the Fair Housing Act or want more information, you may contact the U.S. Department of Housing and Urban Development, Fair Housing, 451 7th Street, SW, Washington, D.C. 20410, 1-800-669- 9777. FHFC — Florida Housing Finance Corporation —The FHFC's mission is as follows: (1) finance affordable housing for very low-, low-, and moderate -income people; and, (2) to stimulate the home building industry. The FHFC obtains funds through program revenues and by issuing bonds that are secured by mortgages taken in exchange for the FHFC's loans. The FHFC also receives appropriations of federal grants and tax credits as well as Sadowski Act documentary stamp tax revenues to finance affordable single- and multi -family housing to be occupied by very low-, low-, and moderate -income persons (FHFC, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329 (850) 488-4197). 501(c)(3)—Section of the Internal Revenue Code that addresses the requirements that an organization must meet in order to be considered a tax exempt organization. Many people refer to agencies that have obtained a tax exempt status as a "501(c)(3)." Front -End Ratio—(i.e., income ratio) A calculation used by the lender to determine if an applicant's income is sufficient to afford the monthly payment. It is calculated by taking the monthly mortgage payment (principal, interest, taxes and insurance) and dividing it by the gross monthly income of the applicant. Grants —Gifts of money given by foundations, or federal or state government, without expectation of repayment. Also see deferred payment loan, another method of providing housing assistance. HOME - HOME Investment Partnerships Program —The Home Investment Partnerships Program was enacted in 1990 as part of the Cranston -Gonzalez National Affordable Housing Act. HOME funds are allocated on a needs -based formula to state and local governments designated participating jurisdictions (Pjs) and require non-federal match of HOME dollars. 131 The Florida Housing Finance Corporation (FHFC) administers the state's HOME program. (HOME, FHFC, (850) 488-4197). HUD - U.S. Department of Housing and Urban Development —The department within the federal government that is mandated by Congress to create conditions for every family to have decent and affordable housing, to ensure equal housing opportunities for all, and to strengthen and enrich the nation's communities. Offices are located at the national and state levels. Ineligible Household —An individual, family or group of individuals whose household characteristics or income prevent it from meeting the eligibility requirements of a program. Lease -up Period —The amount of time it takes for a building, such as multi -family housing, to reach a stable occupancy rate and income stream. Leveraging —Using a small amount of funds to attract other funds, including loans, grants and equity investments. The premise of leveraging is to use public dollars in conjunction with private dollars to increase the number of affordable housing units that can be produced. The SHIP program requires staff to report the public and private funds that are leveraged with SHIP to provide rehabilitation, purchase assistance, and other housing help assistance. LIHTC - Low Income Housing Tax Credit —A competitive federal program administered by the state which grants income tax credit to developers who build or substantially rehabilitate affordable rental housing. The tax credits are used to raise project equity. Loan -To -Value Ratio —The loan amount(s) as a percentage of the property's appraised value or sales price, whichever is less. For example, a loan amount of $114,000 on a home that has a sales price of $120,000 has a 95 percent loan -to -value ratio (114,000/120,000). A lender will use a loan -to -value ratio to determine the maximum amount it will lend on a property. Low -Income Person or Household —A person or household whose annual (gross) income does not exceed 80 percent of the area median income, as determined by HUD, with adjustments for smaller and larger families. Florida publishes these figures annually, and updated charts may be obtained from the Florida Housing Finance Corporation (FHFC). Median Income —A determination made through statistical methods establishing a middle point for determining income limits. Median is the amount that divides the distribution into two equal groups: one group having income above the median and the other group having income below the median. Moderate -Income Person or Household —A person or household whose annual (gross) income does not exceed 120 percent of the area median income, as determined by HUD, with adjustments for smaller and larger families. Florida publishes these figures annually, and updated charts may be obtained from the Florida Housing Finance Corporation (FHFC). 132 MRB - Mortgage Revenue Bonds —State and local housing finance agencies (HFAs) sell tax-exempt bonds and use the moneythat is raised to lend to first-time homebuyers. Because buyers ofthese bonds accept a lower rate of return on their investment than ifthe bonds were taxable, HFAs can lend proceeds to the homebuyers at interest rates below conventional mortgage rates. Nonprofit Corporation —A corporation established under state lawfor purposes otherthan making profits that would be distributed to the owners, directors, members or officers. Persons with Special Needs —This is defined in section 420.0004 of the Florida Statutes as an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition 420.0004(7) FL Statutes, or a young adult formerly in foster care who is eligible for services under s. 409.1451(5); or a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans' disability benefits. The Florida Statutes requires that at least 20 percent of a community's SHIP allocation be expended to assist households in which one or more members has a special need. PHA- Public Housing Authority —Created by local governments pursuant to Chapter 421, Florida Statutes, local PHAs develop, own, and operate public rental housing and administer Section 8 rental assistance programs. PJ - Participating Jurisdiction —The term given to any state or local government that HUD has designated to administer an allocation of HOME Investment Partnerships Program funds. PMI - Private Mortgage Insurance —Coverage that, in instances of default, guarantees a lender the partial payment of an outstanding loan balance. Traditionally, lenders require PMI in instances where the loan to value ratio is higher than 80 percent, however, lenders have been known to waive this requirement under their affordable housing programs. PMI premiums are included in a borrower's monthly mortgage payments. The insurance can be discontinued when an appraisal shows that the loan to value ratio has dropped below 80 percent. The cost of such an appraisal is the responsibility of the borrower. Pro Forma —Projected annual income and expenses for a rental development for a given period (usually 15 years). RD — Rural Development —Provides funding for mainly rural housing programs. Formerly known as Farmers Home Administration, the programs from this office are sometimes used by local governments to supplement CDBG and other housing projects. The state RD office is in Gainesville. Initial inquiries should be made at the local RD office. Reconstruction —Rebuilding of a structure, usually on the same foundation as the existing housing which will be demolished. 133 Rehabilitation —The alteration, improvement or modification of an existing structure. RPC— Regional Planning Council—RPCs provide planning and technical assistance to local governments on federal and state issues such as housing, growth management, emergency management, and intergovernmental coordination. SHIP - State Housing Initiatives Partnership Program —SHIP was the centerpiece of the William E. Sadowski Affordable Housing Act of 1992. SHIP is administered by the Florida Housing Finance Corporation (FHFC) and channels documentary stamp revenue to Florida's counties and CDBG entitlement cities for the express purpose of creating and preserving affordable housing. Subsidy —Financial assistance in the form of government loans, grants, or other contributions that are used to make housing affordable. Sweat Equity —The value of volunteer labor in producing affordable housing. Very Low -Income Person or Household —A person or household whose annual (gross) income does not exceed 50 percent of the area median income, as determined by HUD, with adjustments for smaller and larger families. Florida publishes these figures annually, and updated charts may be obtained from the Florida Housing Finance Corporation (FHFC). 134 Housing Acronyms Explained Admin Administration ADA Americans with Disabilities Act AHAC Affordable Housing Advocacy Committee AMI Area Median Income CAA Community Action Agency CDBG Community Development Block Grant CDC Community Development Corporation CHDO Community Housing Development Organization CoC Continuum of Care CRA Community Reinvestment Act CRE Center for Racial Equity established by FHC Demo Demolition DRI Development of Regional Impact DTI Debt to Income - considered when qualifying for a mortgage to purchase a home EAR Evaluation and Appraisal Report FHC Florida Housing Coalition FHFC Florida Housing Finance Corporation HAF Homeowner Assistance Fund HERA Housing and Economic Recovery Act HFA Housing Finance Agency HHRP Hurricane Housing Recovery Program HHS Department of Health and Human Services LIHTC Low Income Housing Tax Credit LMI Low to Moderate Income MMRB Multifamily Mortgage Revenue Bonds MRB Mortgage Revenue Bonds MTSP Multifamily Tax Subsidy Program NOFA Notice of Funding Availability 135 NSP Neighborhood Stabilization Program OOR Owner Occupied Rehabilitation PHA Public Housing Authority PITI Principal, Interest, Taxes and Insurance- parts of mortgage payment Pi Participating Jurisdiction PLP Predevelopment Loan Program PR Principal Reduction QCT Qualified Census Tract RECAP Racially and Ethnically Concentrated Areas of Poverty RFP Request for Proposal RIC Residential Income Certification ROOF Residential Options of Florida SAIL State Apartment Incentive Loan program SBA Small Business Association SHIP State Housing Initiatives Partnership program SSI Supplemental Security Income USDA United States Department of Agriculture VOA Verification of Assets VOCA Victim of Criminal Acts VOE Verification of Employment 136 hind F L O R I D A HOUSING COALITION Florida Housing Coalition 1311 N. Paul Russell Road, B-201 Tallahassee, FL, 32301 Phone 1850.878.4219 Fax 1850.942.6312 www.flhousing.org 137 Incentive Strategies Report Affordable Housing Advisory Committee Report to Board of County Commissioners SHIP Affordable Housing Incentive Strategies SUBMITTED TO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED TO: Rob Dearduff FLORIDA HOUSING FINANCE CORPORATION DATE SUBMITTED: 12/ 13/2022 PREPARED BY: HOUSING POLICY & ECONOMIC DEVELOPMENT DIVISION AND COMMUNITY & HUMAN SERVICES DIVISIONS & AHAC BACKGROUND As a recipient of State Housing Initiatives Partnership funds, Collier County established an Affordable Housing Advisory Committee in 1993 (Ord 93-19) and repealed and replaced early versions with Ord.2013-27 as required by the Florida Statutes, Sec. 420.9076. The AHAC is responsible for reviewing and evaluating local plans, policies, procedures, land development regulations, the Comprehensive Plan, and other aspects of the City/County housing activities that impact the production of affordable housing. Further, the AHAC is specifically directed by the SHIP Statute to consider and evaluate the implementation of the incentives set out at Florida Statues, Sec. 420.9076 (4)(a)-(k). Based on the AHAC evaluation, it may recommend to local government that it make modifications of, exceptions to, or creation of new plans, policies, procedures, and other governing vehicles which would encourage production of affordable housing. As approved by the Collier County Board of County Commissioners, the recommendations are used to amend the Local Housing Assistance Plan and the local Comprehensive Plan Housing Element. COMMITTEE COMPOSITION The Board of County Commission appointed or re -appointed members to the Committee via Ordinance 2020-27 recognizing the requirement to appoint an elected official and on December 13, 2022, appointed a new Board Elected Official. On June 13, 2023 three (3) new members were appointed. Florida Statues, Sec. 420.9076 (2) lists the categories from which committee members must be selected. Each AHAC must have a locally elected official from the county or municipality participating in the SHIP program. The locally elected official must be from the County or municipality. The elected official will count as a member of the AHAC for purposes of meeting the number of members requirements. There must be at least eight committee members but no more than eleven committee members with representation from at least six of the following categories: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. 138 (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in homebuilding in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for -profit provider of affordable housing. (f) A citizen who is actively engaged as a not -for -profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A 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) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (1) A citizen who represents essential services personnel, as defined in the local housing assistance plan. The appointed AHAC Committee members are included here, along with their category affiliation. Category Represented Name Date Appointed Term Expiration Date Elected Official Chris Hall 12/13/2022 l/l/2024 Residential Home Building Industry Stephen J. Hruby 11/08/2022 10/1/2025 Non -Profit Provider Arol L Buntzman 11/08/2022 10/1/2024 Labor Engaged in Home Building Gary Hains 12/14/2021 10/1/2024 Advocate for Low Income Persons Thomas P. Felke 06/13/2023 10/1/2024 Employers within Jurisdiction Andrew Terhune 06/13/2023 10/1/2026 Essential Services Personnel Todd Lyon 11/08/2022 10/1/2025 Member of the Collier County Planning Commission Paul Shea 03/08/2022 10/1/2023 Resident in Jurisdiction Mary Waller 10/27/2020 10/1/2023 Employers within Jurisdiction Hannah Roberts 06/13/2023 10/1/2024 Real Estate Professional Jennifer L. Faron 11/08/2022 10/1/2026 AFFORDABLE HOUSING RECOMMENDATIONS The AHAC has reviewed local government plans, policies, and procedures; ordinances; regulations; statutes; and the comprehensive plan, among other documents applicable to affordable housing, for evaluation of their impacts on affordable housing. Further, the AHAC has specifically considered and evaluated the strategies set out at Florida Statues, Sec. 420.9076 (4)(a)-(k). Based on this review and evaluation, the AHAC has formulated recommendations to 139 the County Commission that it incorporates into its housing strategy certain changes designed to encourage production of affordable housing. The AHAC, from its review, consideration, evaluation, and recommendations, drafts and submits this report to the County Commission and to Florida Housing Finance Corporation, which details the scope of its work and the resulting recommendations. From the review and evaluation of the local government documents, the AHAC makes these recommendations to the County Commission that it incorporate into its housing strategy the following: RECOMMENDATION 1 Meeting Synopsis: The County's Affordable Housing Advisory Committee (AHAC) has reviewed various staff and consultant (Johnson Engineering) recommendations to provide development standards and regulatory relief for housing that is affordable. Eight (8) development standard deviations were approved by the BCC via Ordinance #2021- 05 on February 9, 2021. AHAC has reviewed and provided input on four (4) additional initiatives during the 2nd and 3rd quarters of 2021. Existing Strategy: None AHAC Recommendation: Adoption of four (4) Regulatory Relief Initiatives spearheaded by CHS consultant, Johnson Engineering. These Initiatives include (a) permit housing that is affordable by right in Commercial Zoning Districts, (b) increase allowed density in Activity Centers from 16 upa to 25 upa, (c) for any properties designated as Strategic Opportunity Sites (SOS) allow a maximum density of 25 upa, (d) establish a policy to encourage higher density along transit corridors. Schedule for Implementation: These four (4) initiatives are advertised and scheduled to go before the Collier County Planning Commission on October 5, 2023 and the Board of County Commissioners on November 14, 2023 for BCC adoption. The AHAC has reviewed, considered, and evaluated the following the strategies provided in the SHIP Statute at Florida Statutes, Sec. 420.9076 (4): (a) The processing of approvals of development orders or permit, as defined in Florida Statutes, Sec, 163.3164(7), (8), for affordable housing projects is expedited to a greater degree than other projects. 140 (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. (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. EXPEDITED PERMITTING Meeting Synopsis: No meetings. Existing Strategy: Collier County has had an Expedited/Fast Track permitting process in place for housing that is affordable since 2007. Based upon AHAC and community stakeholders' input during the development of the 2017 Community Housing Plan (CHP), the Expedited Permitting process was reviewed and updated with the adoption of Resolution 2018-40 on February 27, 2018. AHAC Recommendation: No changes recommended at the present time. Schedule for Implementation: Resolution 2018-40 has been implemented and affordable housing developers have successfully utilized the improved process. MODIFICATION OF IMPACT FEES Meeting Synopsis: Impact Fees were discussed September 13' and October 4, 2021. Some members were aware of communities that base impact fees on the square footage of each home, thereby having a lower impact fee for housing that is affordable. Other members indicated that discounting impact fees would be helpful for reduction of the total cost of homes that are affordable. However, eliminating impact fees can led to a structure which does not provide enough revenue to provide the basic infrastructure necessary to cover the cost of streets, water, sewer, etc. Homes that are affordable should make a contribution to the infrastructure of the community. Other members have 141 noted that the current Impact Fee Deferral system does not work well for affordable rental housing development and should be modified to better match the financing timeframes of Low -Income Housing Tax Credit (LIHTC) properties and other affordable rental developments. Existing Strategy: Collier County has had an Impact Fee Deferral program in place for housing that is affordable since the late 1980s. Based upon recommendations from the 2017 Community Housing Plan, the Impact Fees Deferral program was modified and improved via Ordinance #2018-28 on February 27, 2018. AHAC Recommendation: In 2023, implement and support an Impact Fee Deferral Pilot Program utilizing approximately $4 million in American Rescue Plan funds received from the United States Treasury through the State and Local Fiscal Recovery Funds to support long term affordable rental housing. Further, it is recommended that the County should review opportunities to increase the length of deferral period available for rental housing to align with various financing sources. Schedule for Implementation: Collier County Board of Commissioners have approved $4,114,137 in funds under project CC4.4 in the American Recovery plan to support developments principally financed with Low -Income Housing Tax Credit Projects, Tax Exempt Bond Financing, or other qualifying affordable housing developments. During the first quarter of 2022, consider fact finding and rental housing developers needs related to the existing Impact Fee Deferral program. Determine when Collier County consultant is scheduled to review countywide Impact Fee programs. FLEXIBLE DENSITIES Meeting Synopsis: Densities have been discussed in relationship to the Johnson Engineering regulatory relief proposals in the spring and summer of 2021 and at the September 13th and October 4, 2021, meetings. One member of AHAC wanted to ensure that green space would continue to be a requirement along the transit corridors. Development of up to twenty-five units per acre, without provision for significant green space of any kind, may cause public outcry against "excessive urbanization", which may be considered out of character for Collier County. Existing Strategy: Throughout most of Collier County, residential zoning has a base density of 4 units per acre. Collier County has had an affordable housing density bonus program since 1990 Ord.#90-89. As a result of the 2017 Community Housing Plan and AHAC, Collier County amended its Land Development Code to increase density for units that are affordable through Ordinance #2019-02 adopted February 12, 2019. The Affordable Housing Density Bonus (AHDB) program now provides up to 16 units per acre. Applicants that have requested additional density above base residential zoning and which require a Growth Management Plan Amendment have been recommended by the 142 Collier County Planning Commission and required by the Board of County Commissioners to set aside a minimum number of units in proposed developments to made affordable for a minimum of 30 years to households earning at or below 120% of the Area Median Income. AHAC Recommendation: Recommend approval of the proposed regulatory relief initiatives to increase density in Activity Centers from 16 upa to 25 upa, on sites designated as Strategic Opportunity Sites allow a maximum density of 25 upa and adopt a Transportation Policy to prioritize higher density along transit corridors. AHAC further supports CPCC and Board policy that extracts a public good for those applicants requesting density with a minimum of 20% of units developed be provided to households at or below 100% of the Area Median Income and encourages the development of a written policy incorporating density and the utilization of federal, state, and local grant dollars to support the development of additional affordable housing units. Schedule for Implementation: It is anticipated that these proposed increases in density may be heard by the Planning Commission and the BCC in the first quarter of 2023. Additional density provided through Growth Management Plan Amendments are on a rolling and as requested basis. RESERVATION OF INFRASTRUCTURE CAPACITY Meeting Synopsis: Collier County does not reserve infrastructure capacity. Collier County is not experiencing any capacity limitations. Existing Strategy: Collier County does not reserve infrastructure capacity. AHAC Recommendation: No changes are proposed. Implementation: None PARKING AND SETBACK REQUIREMENTS Meeting Synopsis: These topics have been discussed since the development of the Community Housing Plan (CHP). Existing Strategy: The County currently has two processes where developers can request a reduction of parking and setback requirements. Deviations from existing requirements can be requested through the Site Development Plan (SDP) process or the rezoning to Planned Unit Development (PUD) process. Recommendations to modify some setback requirements for housing that is affordable were included in Ordinance 2021-05 amending the Land Development Code, adopted February 9, 2021. AHAC Recommendation: No changes are recommended at the current time. Schedule for Implementation: None 143 AFFORDABLE ACCESSORY RESIDENTIAL UNITS Meeting Synopsis: Accessory Dwelling units are discussed from time to time when a news article is shared with AHAC members. During the September and October 2021 meetings, the following comments were received from AHAC members: There is an opportunity to create affordable housing by exploring the idea of allowing accessory dwellings in the Estates area (eastern Collier Co). It appears Pasco decided to explore the idea in 2018, while Sarasota seemed non -committal but perhaps willing to review the idea and Palm Beach allows it. I'd be interested to know where Pasco and Sarasota are on the topic at this time. Developing accessory dwelling units, while useful, are likely to be significant only for the ranchette properties in the county. The existing four units per acre properties which comprise most neighborhoods in the county aren't big enough to have space for these residences. Existing Strategy: Collier County does not allow for the rental of Accessory Dwelling Units (ADUs) LDC Section 5. 03.03. The County only allows construction of "Guesthouses" on large single family lots of with a minimum lot size of 43,560 square feet. AHAC Recommendation: There is no consensus at the present time on this issue, but Accessory Dwelling Units should come back to AHAC at a future date with more information on Pasco, Sarasota, Palm Beach counties and the City of Rockledge "cottage homes". At BCC direction, planning consultant retained to explore this option and public feedback is underway. Schedule for Implementation: Additional information and AHAC discussion should occur in the second quarter of2023. FLEXIBLE LOT CONFIGURATIONS Meeting Synopsis: This strategy was discussed extensively with the adoption of the 2017 Community Housing Plan. At that time, it was recommended that the County consider adopting some elements of "smart code". Through this process, amendments were made to the Land Development Code in February 2021 with the adoption of Ord. 2021- 05. Existing Strategy: Zero lot line development is allowed in Planned Unit Development (PUDs) and as a Conditional Use under Cluster Housing. Recently Ordinance 2021-05 clarified that Cluster Development of affordable housing does not require a Conditional Use in the RMF-6 Zoning District but is allowed by right. AHAC Recommendation: No new recommendations at the present time. Schedule for Implementation: None MODIFICATION OF STREET REQUIREMENTS Meeting Synopsis: As part of the regulatory relief proposed in the 2017 Community 144 Housing Plan, modifications to street requirements have been discussed in 2019-2021. Existing Strategy: Historically, street requirements for affordable housing developments are considered, on a case -by -case basis, as deviations in the PUD approval process or variances in the conventional zoning process. In February 2021, Ordinance 2021-05 added a new section to the LDC to allow design deviations for housing that is affordable, including modifications to internal, privately maintained roadways and sidewalks. AHAC Recommendation: No new recommendations at the present time. Schedule for Implementation: None PROCESS OF ONGOING REVIEW Meeting Synopsis: Previous AHAC discussions on this topic included the following comments: Ongoing implementation and enforcement for new processes and Land Development Code require permanent dedicated County staff. Any changes made will require monitoring to ensure the rules continue to be followed. In addition, educating and promoting a favorable environment for developers and builders will draw more partners into working in the County. Closer coordination between GMP, zoning, planning and CHS is critical for the success of process changes and approval for developments. The silos currently in place need to be broken down. The new coordination created will reduce or eliminate many of the repeated review cycles which are required today. Existing Strategy: Housing policy has been relocated from Community & Human Services under Public Services Department to into a new Division of Economic Development and Housing in the Growth Management Department (GMD). This will enable closer collaboration and communication between Housing Staff and planners in Zoning and Comprehensive Planning. Long term monitoring will remain with Community & Human Services but will be included in and privy to affordable housing commitments drafted by the GMD. AHAC Recommendation: No changes are purposed at this time. Schedule for Implementation: None PUBLIC LAND INVENTORY Meeting Synopsis: Public lands discussion has occurred regularly at AHAC meetings since 2018. This is a topic of great interest to AHAC members. Existing Strategy: The County's Real Property office maintains a list of county owned properties as required by F.S. 125.379. This inventory is circulated to County Departments for review and determination if properties are needed to implement Department operations or program mandates. Available properties are presented to the BCC and advertised for sale in the 145 local newspaper. In 2018, two County owned parcels known as Bembridge, and Manatee were part of a Request for Information (RFI) process with multiple developers submitting proposals for the development of the 5-acre Bernbridge site. In 2019, through an ITN process, the County selected McDowell Housing Partners to construct 82 units of affordable rental housing. This project, now called The Harmony, will be completed in early 2023 and is governed by a Developer Agreement and 99-year ground lease ensuring long term affordability. During 2018-2019, the Board of County Commissioners decided not to move forward with proposals for the Manatee site. In 2019, the County acquired the defunct Golden Gate GolfCourse. In 2020 through an ITN process, the County selected Rural Neighborhoods, Inc to develop a portion (25+ acres) of this publicly owned property for affordable rental housing for seniors, veterans, and Essential Service Personnel (ESP). AHAC Recommendation: AHAC members have discussed revisiting the Manatee property at a future date. The Committee drafted a letter to the County Commissioners requesting that they reestablish the joint Parks and Recreation & AHAC subcommittee to review the feasibility of co -locating a park and housing that is affordable on this large parcel. The BCC adopted Resolution 2018-39 to encourage the collocation of public facilities and housing that is affordable. AHAC recommends acquiring parcels though the utilization of the One Penny Surtax Schedule for Implementation: AHAC will continue to request meetings with the BCC, Parks officials and Parks and Recreation Advisory Board to discuss the Manatee property. SUPPORT OF DEVELOPMENT NEAR TRANSPORTATION HUBS Meeting Synopsis: Discussed during the spring and summer of 2021 as part of the consultant's, Johnson Engineering, regulatory relief, and development standards modifications to the LDC. Existing Strategy: This issue was reviewed during the development of the 2017 CHP with recommendations for the County to consider integration of bus routes (CAT) with affordable housing locations, development of Strategic Opportunity Sites and higher housing densities in existing Activity Centers. AHAC Recommendation: Approve the recommended new policy for the Transportation Element to prioritize higher density along transit corridors ranging from 13 upa to 25 upa. Schedule for Implementation: This recommendation is currently under staff review and is anticipated to be heard by the Planning Commission and BCC during the fourth quarter of 2022. 146 � c ƒ/ //e a o ) /�\ )M ®F2 E \/\ o )/ fn \/ 0°\ ° \\ \\CD k \b/ ))E oet \2t 3 E 0 F/0 2%» 2/ \ / ■ � 2 � E § \ \ ch U M L� 7IN A K M � 2 7\ Eo 7 § 3 ■ m 2 @ ON c m LU k /\ \ §n = /LL 3\ « }Z })z k k § f a E 0 f k ) . j 8 a r cl D = e E CM f ( % � m a » E \ / � \ \ ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Wanda Rodriguez, Office of the County Attorney DATE: August 10, 2023 APPLICANT: Catherine M. Myers 7697 Mulberry Lane Naples, FL 34114 APPLYING FOR: Affordable Housing Advisory Committee We have several seats expiring in October on the above referenced advisory committee. The pending vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Shavontae Dominique Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 1 TO STAFF LIAISON: Attn: Sarah Harrington; Cormac Giblin cc: Julie Chardon An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-8123. Thank you for your attention to this matter. 148 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 8/8/2023 3:39:52 PM. Name: Catherine Mospens Myers Home Phone: 513-309-7615 Home Address: 17697 Mulberry Lane City: Naples, FL Zip Code: 34114 Phone Numbers Business: E-Mail Address: cmm erssouth mail.com Board or Committee: Affordable Housing Advisory Committee Category: Place of Employment: Cathy Myers Consulting How long have you lived in Collier County: 5-10 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor onlv)? No Not Indicated IDo you or your employer do business with the County? Nol Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or `fful recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? es Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Rookery Charity Committee, member Our Daily Bread Food Pantry, Fund Raising Committee United Church of Marco, member In Cincinnati, OH - United Way Foundation Board, United Way WINGS Founder (Women Investing in the Next Generation), Cincinnati Youth Collaboration Board, Red Cros: Board. US Bank Communitv Reinvestment Committee for 10+ vears' Cincinnati. St. Louis. Louisville a rst Financial Bank CRA Committee at C-level and Board level Education: West Viriginia University - B.S Finance, honors Xavier University, Cincinnati OH, Masters, Marketing Consumer Bankers Association Executive School of Banking - graduate and faculty (20+ years) Experience / Background 39 years in the banking industry serving my communities in Ohio, Kentucky, Tennessee, Missouri a Illinois. Supporting financial health and wellbeing was always part of my focus. I was part of the CR committee driving investments in affordable housing, small business growth and personal financia education. Linkedin: httos://www.linkedin.com/in/cathv-mvers-44912316 150 ADVISORY COMMITTEE APPLICANT ROUTING MEMORANDUM FROM: Wanda Rodriguez, Office of the County Attorney DATE: August 10, 2023 APPLICANT: Mary Waller 151 Cypress Way East #D101 Naples, FL 34110 APPLYING FOR: Affordable Housing Advisory Committee We have several seats expiring in October on the above referenced advisory committee. The pending vacancies were advertised and persons interested in serving on this committee were asked to submit an application for consideration. TO ELECTIONS OFFICE: Attn: Shavontae Dominique Please confirm if the above applicant is a registered voter in Collier County, and in what commissioner district the applicant resides. Registered Voter: Yes Commission District: 2 TO STAFF LIAISON: Attn: Sarah Harrington; Cormac Giblin cc: Julie Chardon An application is attached for your review. Please let me know, in writing, the recommendation for appointment to the advisory committee. In accordance with Resolution No. 2006-83, your recommendation must be provided within 41 days of the above date. Your recommendation memo should include: The names of all applicants considered for the vacancy or vacancies. The committee's recommendation for appointment or non -appointment. The category or area of qualification the applicant is to be appointed in. If the applicant is a reappointment, please include attendance records for the past two years. TO ADVISORY BOARD COORDINATOR: Attn: Wanda Rodriguez This applicant is not recommended for appointment. —OR— This applicant is recommended for appointment. A recommendation memo is attached, please prepare an agenda item for the next available BCC agenda. If you have any questions, please call me at 252-8123. Thank you for your attention to this matter. 151 Board of County Commissioners 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 Application for Advisory Committees/Boards Name: Mary Waller Home Address: 151 Cypress Way East D101 Business Phone: 239-269-1365 E-mail address: Board or Committee Applied for: Home Phone: 239-269-1365 Category (if applicable): Resident in Jurisdiction Example: Commission District, Developer, environmentalist, layperson, etc. How long have you lived in Collier County: 32yrs How many months out of the year do you reside in Collier County: 12 Zip Code: 34110 Have you ever been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Yes No X If yes, explain: Place of Employment: Better Homes & Gardens Real Estate Pristine Do you or your employer do business with the County? Yes No X If yes, explain: Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes No X If yes, explain: NOTE: All advisory board members must update theirprofile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? 152 Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No If yes, please list the committees/boards: Collier County Affordable Housing Advisory Committee Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Please see attached Education: UCLA Experience: Please see attached Please attach any additional information you feel pertinent. This application should be forwarded to WandaRodriQuezCa)collier,-ov.net or by mail or in person to Wanda Rodriguez, County Attorney's Office, 3299 East Tamiami Trail, Suite #800, Naples, FL 34112. Thank you for volunteering to serve the citizens of Collier County. 153 Board of County Commissions APPLICATION FOR ADVISORY COMMITTEE MARY WALLER List of Community Activities Member/former Chairman -Affordable Housing Advisory Committee Director - Naples Area Board of REALTORS Member - City of Naples Community Redevelopment Agency Advisory Board Director - Florida REALTORS Member — National Association of REALTORS Federal Financing & Housing Policy Committee Treasure - Naples Better Government District Committeewoman - REC Member/Former President -Women Republican Club of Naples Member - Naples Opera Guild Member/former Communication Chair - League of Women Voters Member - United Arts Collier Member - Naples Women Club Volunteer - St Matthew House EXPERIENCE Mary Waller is a distinguished 31-year veteran in the real estate field, specializing in residential and investment properties across Collier and Lee Counties, with a primary emphasis on the City of Naples. Her extensive experience has garnered her a prestigious status as a multi- million dollar producer and Top Producer within the REALTOR@ community. Renowned for her resolute leadership and unwavering commitment to excellence, Mary Waller exhibits a tenacious drive to enhance her leadership capabilities. She adeptly challenges the status quo, fosters a shared vision, empowers collaboration, serves as a role model, and uplifts those around her through encouragement. With a steadfast commitment to integrity and selfless service, Mary possesses an innate understanding of human emotions and needs, demonstrating impeccable character in all her endeavors. Mary Waller possesses the crucial attributes requisite for effective goal -setting, problem -solving, decision -making, and the embodiment of values such as integrity, respect, consistency, and an unswerving dedication to ongoing development. 154 Recognizing the paramount significance of education within the REALTORS profession, Mary ardently believes that knowledge is the cornerstone of success. She champions the dissemination of accurate information to the public, aiming to demystify the concept of housing for all. By fostering a culture of informed philanthropy, she envisions overcoming NIMBY (Not In My Backyard) sentiments and promoting a collaborative atmosphere. Demonstrating exceptional organizational acumen, unyielding enthusiasm, and unwavering reliability, Mary Waller has not only contributed to various feasibility studies and projects at NABORS but has also emerged as a valuable asset within the Collier County Affordable Housing Advisory Committee. Her leadership as Chair of the Affordable Housing Trust Fund and her adept representation on the Collier County Grant Review Board highlight her remarkable contributions to community welfare. Mary Waller's commitment to continuous growth and leadership development is underscored by her successful completion of the 2011 NABORS Leadership Academy, the 2014 Florida Realtors® Leadership Academy, and her graduation from the Leadership Collier Class of 2018. Her outstanding contributions have been recognized by her peers, with honors such as the NABORS "Citizen of the Year" and the FR "Education Volunteer of the Year." A staunch advocate of property rights, Mary ardently advocates for attainable housing within Collier County, the State of Florida, and on a national scale. Her active involvement in legislative initiatives, including her presence at the Great American Realtor Days Legislative Meetings in Tallahassee and NAR Legislative Meetings in Washington D.C., reflects her dedication to shaping policies that impact real estate, finance, business operations, taxation, and commercial real estate. Mary Waller's profound engagement extends to her roles within NABORS, Florida Realtors®, NAR, and the wider community. She recognizes the power of collective effort and emphasizes the importance of working harmoniously to fulfill shared objectives, placing the needs of the collective above personal agendas. 155 In her various affiliations, including as a former Chairman of the Affordable Housing Advisory Committee, a Director at Naples Area Board of REALTORS, and a member of esteemed organizations such as the City of Naples Community Redevelopment Agency Advisory Board, Florida REALTORS, and National Association of REALTORS Federal Financing & Housing Policy Committee, Mary Waller consistently demonstrates a commitment to uplifting her community. Mary's guiding principle, "At your Service — Always with a Smile," encapsulates her enduring dedication to assisting others. Her multifaceted involvement, ranging from her role as Treasure at Naples Better Government to her membership in organizations such as the Women Republican Club of Naples, League of Women Voters, United Arts Collier, Naples Women Club, and the Naples Opera Guild, exemplify her commitment to civic engagement and community enrichment. In summary, Mary Waller's illustrious career and profound impact across real estate and community spheres are a testament to her unwavering dedication, exceptional leadership, and unwavering commitment to fostering positive change. 156 011187 c01.nty Public Services Department Community & Human Services Division August 11, 2023 Keith Gelder Stock Development 2639 Professional Circle, Suite 101 Naples, FL 34119 Re: Collier County Ordinance No. 19-22 2022 Annual PUD Monitoring - Results Dear Mr. Gelder, On June 13, 2023, an annual monitoring of your organization's Collier County Residential Planned Unit Development (PUD), under Ordinance No. 19-22 was conducted by the Collier County Community and Human Services (CHS), Grants Compliance Unit. The purpose of this review was to determine compliance with applicable Development Commitments, as outlined in Ordinance No. 19-22, Exhibit F.5. Other Development Commitments. PUD monitoring may result in the identification of Findings, Concerns, or Recommendations. • A Finding is a deficiency in performance based on an ordinance requirement for which sanctions or other corrective actions are authorized. • A Concern is a deficiency in performance not based on an ordinance requirement. The County issues a Concern about program design or operations when, in the County's judgment, the practice could result in noncompliance with an ordinance requirement if not properly corrected. • A Recommendation is given by the County to assist the organization in adopting practices that will enhance the management of the program being monitored. SCOPE OF REVIEW During the visit, a comprehensive review was conducted in the following areas: • PUD Requirements • Administrative Management • Reporting • General Ordinance compliance GL nr�4 Community & Human Services Division • 3339 Tamiami Trail East, Suite 211 • Naples, Florida 34112-5361 157 239-252-CARE (2273) • 239-252-CAFE (2233) • 239-252-4230 (RSVP) • wvvw.colliergov.neUhumanservices PUD REQUIREMENTS: A review of your organization's implementation of the Ordinance was conducted to determine whether the organization complied with requirements set forth in the Ordinance, Exhibit F.5. and with Collier County requirements. This review included resident file reviews, for income and essential personnel eligibility and marketing plans review. Our review of your organization's records indicated your organization's implementation appears to comply with the Ordinance and Collier County guidelines. ADMINISTRATIVE MANAGEMENT A review of your organization's administrative management was conducted to determine whether the organization complied with the Ordinance and Collier County requirements. Our review of your organization's records indicated that documentation provided during the monitoring activity appear to comply with the administrative requirements. REPORTING A review of your annual reporting was conducted to determine whether the organization was compliant with requirements set forth in the Ordinance Exhibit F.5. and with Collier County requirements. Our review of your organization's records indicated that your organization is submitting annual reports in a compliant and timely manner. GENERAL PROGRAM COMPLIANCE A review of your program's policies and procedures also appear to be compliant with Fair Housing, Equal Opportunity and ADA requirements. Collier County, Community and Human Services Division, provides monitoring to aid your organization in achieving ordinance compliance and enhance organizational capacity through technical assistance. However, it is ultimately your organization's responsibility to ensure that all the terms and conditions, as outlined in the Ordinance, as well as all applicable Federal, State, and Local statutes and regulations, are being followed for compliance. 158 SUMMARY OF RESULTS AND CONCLUSIONS ® Congratulations, our review indicates, based on the materials reviewed and the staff interviews during the monitoring, your organization has demonstrated the capacity to carry out the conditions of the Ordinance in a compliant and timely manner. CHS staff reviewed resident files for the 31 income restricted units available for rent to Essential Services Personnel (ESP). The 31 units were comprised of 13 One Bedroom, 16 Two bedroom and 2 Three Bedroom units. Of the 31 files reviewed, all residents met the income restriction, based on their family size at the time of leasing the units. Additionally, during the monitoring CHS staff provided technical assistance, offering best practices to help improve compliance by streamlining and standardizing your income certification process. We appreciate your staff s cooperation and assistance during the monitoring process. Should you have any questions regarding the monitoring, please feel free to contact me at (239) 252-2995 or Cynthia. Kemneracolliercountyfl.a; ov ❑ Our review indicates that your organization is not carrying out the program activity in a compliant and timely manner. Please see the attached listing of Findings and/or Concerns. Please provide the corrective action response to the above Findings or Concerns within 10 business days from the receipt of this letter. Should you have any immediate questions regarding this monitoring, please feel free to contact me at (239) 252-2995 or Cynthia.Kemner(i ,colliercountyfl.�zov. CHS appreciates your organization's commitment to providing a compliant ESP program for the essential personnel in our community. Sincerely, Cy n hia Keznner Manager, PSD Grants Compliance Unit Collier County Community & Human Services Division Cc: Kristi Sonntag, Director, CHS Monitoring File 159 ORDINANCE NO. 2023 - 4 0 AN ORDINANCE AMENDING ORDINANCE NO. 93-76, AS AMENDED, CREATING THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE, BY AMENDING SECTION TWO, APPOINTMENT AND COMPOSITION, TO ADD A NON -VOTING MEMBER FROM THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County ("Board") seeks to allow a member of the Affordable Housing Advisory Committee to be appointed as a non -voting member of the Development Services Advisory Committee to better facilitate dialogue amongst the development community and advocates for affordable housing to address the affordable housing crisis in Collier County and improve cross -communication between the committees; and WHEREAS, the Development Services Advisory Committee was established by Ordinance No. 93-76 and amended by Ordinance No. 95-60. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amending Section Two of Ordinance No. 93-76, as amended, Appointment and Composition [of the Development Services Advisory Committee]. (a) The development services advisory committee shall be composed of 4-5 16 members. (b) Members shall represent the various aspects of the development industry with one or more members from each of the following classifications: architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, a non -voting member of the Affordable Housing Advisory Committee, and attorney. In the event that members cannot be secured filling all the classifications listed above, other individuals may be considered. [23-OPS-00764/1792164/11 Page 1 of 2 Words str-ic-lEen are deletions; Words underlined are additions 160 SECTION TWO: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and that the word "ordinance" maybe changed to "section," "article," or other appropriate word or phrase necessary to accomplish such intentions. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this / 2110 day of _S 6'10 7-670,79 /Z_ 2023. ATTEST: CRYSTAL K. MZP-L, CLERK By: AdeSM t e Deputy Clerk signature any. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B y: — Rick LoCastro, Chairman Appr d as to form and legality: Derek D. Perry Assistant County Attorney ^\5 [23-OPS-00764/1792164/1] Page 2 of 2 This ardinance flied with the tory of ;tatee'.s�Office the day of and acknowledgement of that filing r�Ivd��LGy of BK �tiw Words stfk-ken are deletions; Words underlined are additions rr, 161 %lit r ' if FLORIDA DEPARTMENT 0 STATE RON DESANTIS Governor September 14, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite 4401 Naples, FL 34112 Dear Ms. Kinzel, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-40, which was filed in this office on September 14, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 162