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Agenda 04/10/2018 Item #11A04/10/2018 EXECUTIVE SUMMARY Recommendation to authorize staff to continue implementation of the Community Housing Plan (CHP) by performing the following: (1) direct County Attorney to advertise amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to supersede Resolution No. 07-203 which established an Affordable- Workforce Housing Trust Fund and establish a new Local Housing Trust Fund; (3) direct staff to initiate the process to establish the creation of a Community Land Trust; (4) direct staff to initiate a nexus study to determine appropriate linkage fees on new development of various types as well as the maximum feasible fees development can support in light of existing fees and other f actors; (5) direct staff to develop a housing that is affordable marketing, public relations, and communications plan. OBJECTIVE: To implement new and modified approaches to address Collier County’s housing affordability issues as recommended in the 2017 Collier County CHP. CONSIDERATIONS: Collier County has a statutory obligation to provide for housing for its current and anticipated population, including those that are most vulnerable. Housing that is affordable is part of a community’s infrastructure and therefore impacts the entire community. First responders, health care professionals, teachers, and others have been historically priced out of the housing market. A vibrant and sustainable community needs to develop specific strategies to accommodate the housing needs of its citizens. In response to community concerns, the Board of County Commissioners (Board) commissioned the development of a CHP in March 2016 with a broad cross-section of stakeholders appointed in June 2016. In 2017, the Urban Land Institute (ULI) performed a panel review of the housing situation in Collier County. Among their conclusions is that Collier County needed to reframe its view of housing to better meet the needs of the 40% of the population (58,685 households) currently living in Collier County that are cost-burdened, spending more than 30% of their income on housing. This large segment of Collier County’s population is working and living here un-affordably. The community stakeholders presented the CHP to the Board on October 25, 2017. The plan includes approximately 30 specific recommendations including housing for seniors and those with special needs. The Board accepted the CHP and staff initiated an implementation schedule. The first set of actions was approved by the Board on February 27, 2018, Agenda Item 11A. This request is the second of the series of implementation actions to be presented to the Board. Specific recommendations include: A. Approval to direct the County Attorney to advertise an amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals to encourage the development of affordable rental housing by allowing the BCC, on a case- by-case basis, to allow rental impact fee deferrals in excess of the annual allotment of 225 and to allow rental impact fee deferrals of greater than ten (10) years. The amendment will also extend the affordability term of participating rental developments from 15 to 30 years. There are no changes to the owner-occupied program. (Refer to Attachment A - Ordinance Amendment) B. Adoption of a resolution to supersede Resolution No. 07-203 and establish the Local Affordable Housing Trust Fund such that all revenue generated for affordable housing shall be deposited and all monies disbursed from the Fund. Resolution also specifies what the funds will be allocated for, and outlines the roles and responsibilities for 11.A Packet Pg. 91 04/10/2018 administration. (Refer to Attachment B - Housing Trust Fund Resolution) C. Direct staff to create a Community Land Trust in Col lier as a legal mechanism for pursuing a partnership with a local nonprofit with the mission of ensuring housing opportunities remain affordable for perpetuity. D. Direct staff to initiate the process of engaging in a linkage fee nexus study to determine appropriate linkage fees on new development as well as the maximum feasible fees development can support in light of existing fees and other factors. Policy 1.9 of the Housing Element of the Collier County Comprehensive Plan specifically tasks the County, with the City of Naples, to explore the development of a fair share affordable housing ordinance that shall require commercial and residential developments to address the lack of affordable housing. This policy supports the primary goal and objective of this Housing Element, which is to provide new affordable housing units in order to meet the current and future housing needs of residents with very-low, low, moderate, and affordable workforce incomes, including households with special needs such as rural and farmworker housing in rural Collier County. E. Direct staff to initiate the process of developing a marketing, public relations, and communications plan to continue to educate the public on the issues of housing affordability in Collier County, as well as provide a one-stop shop for housing information and resources. · Create an online, near-real-time updated Current Inventory of Affordable Housing Availability (purchase or rental) along with links to information & Resources, outline all available programs. · Create an easy to find, one click “housing-focused” website. · Develop a Marketing, PR & Communications Plan to continue to educate the community on who needs housing and is having trouble finding it; why we need to address the situation; what’s the impact of no action; and keep the public aware of efforts and impact. · Conduct a survey to measure the current baseline understanding of affordable housing issues within the community. · Begin a campaign to clarify the meaning of “affordable housing.” · Educate residents and “change the narrative” to present affordable housing as a necessity and a shared public responsibility. · Create PSA’s, short videos and social media and other vehicles to educate the public on housing affordability issues continually. FISCAL IMPACT: Funding is needed for various implementation elements. The linkage fee study is estimated at $65,000 and funds are available in the current year budgeted in Fund 116, cost center 138711 and Fund 001, cost center 115930. The Community Housing Land Trust startup funding is estimated at $100,000, and the Marketing, PR, and Communications plan is estimated at $80,000. If approved, funding for these two elements will be included in the FY 18/19 budget for approval at that time. GROWTH MANAGEMENT IMPACT: Approval of these policies, strategies, ordinances, and amendments will assist Collier County in meeting the goals of the Housing Element of the Comprehensive Plan. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To authorize staff to continue implementation of the Community Housing Plan 11.A Packet Pg. 92 04/10/2018 (CHP) by performing the following: (1) direct County Attorney to advertise amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to supersede Resolution No. 07-203 which established an Affordable-Workforce Housing Trust Fund and establish a new Local Housing Trust Fund; (3) direct staff to initiate the process to establish the creation of a Community Land Trust; (4) direct staff to initiate a nexus study to determine appropriate linkage fees on new development of various types as well as the maximum feasible fees development can support in light of existing fees and other factors; (5) direct staff to develop a housing that is affordable marketing, public relations, and communications plan. (Total Fiscal impact: $245,000 over two (2) years) Prepared By: Cormac Giblin, AICP - Grants and Housing Development Manager; Community and Human Services Division ATTACHMENT(S) 1. Attachement A- CAO STAMPED ORDINANCE Impact Fees (PDF) 2. Attachment B - CAO Stamped Resolution AH Trust Fund 2018 (JPG) 3. Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (PDF) 11.A Packet Pg. 93 04/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 5134 Item Summary: ***This item to be heard at 10:00 a.m.*** Recommendation to authorize staff to continue implementation of the Community Housing Plan (CHP) by performing the fol lowing: (1) direct County Attorney to advertise amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to supersede Resolution No. 07 -203 which established an Affordable-Workforce Housing Trust Fund and establish a new Local Housing Trust Fund; (3) direct staff to initiate the process to establish the creation of a Community Land Trust; (4) direct staff to initiate a nexus study to determine appropriate linkage fees on new development of various types as well as the maximum feasible fees development can support in light of existing fees and other factors; (5) direct staff to develop a housing that is affordable marketing, public relations, and communications plan. (Cormac Giblin, Manager, Housing and Grant Development; Community and Human Services Division) Meeting Date: 04/10/2018 Prepared by: Title: – Community & Human Services Name: Hilary Halford 03/21/2018 2:59 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 03/21/2018 2:59 PM Approved By: Review: Community & Human Services Cormac Giblin Additional Reviewer Completed 03/27/2018 9:50 AM Public Services Department Kimberley Grant Additional Reviewer Completed 03/27/2018 10:23 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/27/2018 10:41 AM Community & Human Services Todd Henry Additional Reviewer Skipped 03/27/2018 3:10 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/27/2018 3:33 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/27/2018 5:22 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 04/04/2018 2:50 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/04/2018 3:35 PM Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 04/04/2018 3:12 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/04/2018 3:43 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/04/2018 3:45 PM 11.A Packet Pg. 94 04/10/2018 Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM 11.A Packet Pg. 95 11.A.1 Packet Pg. 96 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 97 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 98 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 99 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 100 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 101 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 102 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 103 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 104 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.1 Packet Pg. 105 Attachment: Attachement A- CAO STAMPED ORDINANCE Impact Fees (5134 : Housing Plan Implementation Phase II) 11.A.2 Packet Pg. 106 Attachment: Attachment B - CAO Stamped Resolution AH Trust Fund 2018 (5134 : Housing Plan Implementation Phase II) Patricia L. Morgan From: BrockMaryJo <MaryJo.Brock@colliercountyfl.gov> Sent: Thursday, April 05, 2018 9:28 AM To: DLCOMM; Minutes and Records; KlatzkowJeff; BrownleeMichael; FilsonSue; GoodnerAngela; GrecoSherry; LykinsDave; TrochessettAimee Cc: OchsLeo; CasalanguidaNick; CarnellSteve; GrantKimberley; GiblinCormac; CohenThaddeus; PriceLen;YilmazGeorge; IsacksonMark; SheffieldMichael; CoxMichael; BrockMaryJo Subject: Complete resolution for Item 11A-Attachment B Attachments: CAO Stamped Resolution AH Trust Fund 2018.pdf Follow Up Flag: Follow up Flag Status: Completed Good morning, The Resolution attached to Item 11A did not scan correctly, and as a result only one page was attached to the agenda packet. Please see the complete Resolution attached. Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. nnaryjo.brocis@colliercountyfl.gov_ County Manager's Office 3299 East Tamiami Trail Naples FL 34112 239.252.8364 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 RESOLUTION NO. 18 — A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERCEDING RESOLUTION NO. 07-203, WHICH ESTABLISHED AN AFFORDABLE -WORKFORCE HOUSING TRUST FUND AND GUIDELINES FOR THE USE OF MONEY, AND ESTABLISHING A NEW LOCAL HOUSING TRUST FUND AND GUIDELINES FOR THE USE OF MONEY TO REPLACE IT. RECITALS WHEREAS, on July 24, 2007, the Board of County Commissioners (BCC) adopted Resolution No. 2007-203 declaring a valid public purpose for accepting voluntary donations for affordable -workforce housing made directly to the County, establishing an Affordable -Workforce Housing Trust Fund and providing general guidelines for use of monies in the affordable workforce housing trust fund; and WHEREAS, subsequently the BCC suspended collection of voluntary donations and provided a mechanism for the received collections to be returned upon request, and developed the required mechanism, approved September 25, 2012; and WHEREAS, the voluntary donations established by Resolution No. 2007-203 remain suspended and the balance remains available for refund; and WHEREAS, it is the intent of the BCC to increase the amount of housing that is affordable for its workforce and residents, and to encourage the retention of housing that is affordable in the County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to provide new affordable housing units in order to meet the current and future housing needs of legal residents with extremely low, very -low, low, moderate and gap incomes, including senior households and those with special needs; and WHEREAS, in furtherance of the spirit and intent of Florida State Statute 163.3177(6)(f)a, outlining, "...Principles, guidelines, standards, and strategies to be followed in the provision of housing for all current and anticipated future residents of the jurisdiction..."; and WHEREAS, given the long planning process involved in housing development and the need to layer multiple funding sources, a local housing trust fund should be active; and WHEREAS, the BCC recognizes that a Local Housing Trust Fund is a national best practice for the development of revenue streams to support BCC approved Affordable Housing programs, initiatives and directives; and WHEREAS, the BCC declares a valid public purpose for establishing and maintaining a Local Housing Trust Fund and providing general guidelines for revenue generation and use of such monies in the local housing trust fund, limited to meeting affordable housing needs and associated administration; and WHEREAS, the BCC wishes to recognize the winding down of the Affordable - Workforce Housing Trust Fund and the creation of a new local housing trust fund. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 2. It continues to be Board direction and is affirmed that the collection of funds into the Affordable -Workforce Housing Trust Fund is suspended and staff shall continue to make efforts to return money collected to Developers pursuant to prior Board direction. 3. When all money is refunded from the Affordable -Workforce Housing Trust Fund, the fund is automatically terminated and dissolved without further Board action. 3. The Board of County Commissioners' Local Housing Trust Fund, is adopted for immediate use, as follows: A. Purpose/Scope: The purpose is to establish procedures for operations of a Housing Trust Fund in order to provide for housing that is affordable for community residents who are extremely low income to gap income as defined in the Community Housing Plan and Land Development Code. B. Applicability; These procedures apply to qualified affordable housing for extremely low income to gap income households. The Board has determined that the local economy and the public health, safety and general welfare requires establishment of the Local Affordable Housing Trust Fund for the following purposes: 1. Implement the goals, objectives and policies of the Community Wide Housing Plan, and the Collier County Comprehensive Plan 2. To meet the statutory requirements as set forth in Fl. Statutes Chapter 163.3177(6)(f)a, and to satisfy the community's obligation to ensure that a fair share of the community's housing production is affordable to Collier County families 3. To provide housing opportunities for Collier County families in order to meet the existing and anticipated housing needs of such persons and to maintain a more balanced socio-economic mix in the community 4. To specifically meet the housing needs- of those earning less than 140% of AMI, to include seniors, persons with disabilities, and any other identified underserved market 5. To provide for a range of rental and homeownership opportunities for those who presently cannot afford to rent or purchase a home within the community, or who are cost burdened in so doing 6. To provide incentives to developers to create additional rental and for sale units, and to consumers so they may be able to afford rental or purchase opportunities C. The Board declares there is a valid public purpose in accepting funds for affordable housing and that such funds may be in the form of donations as well as other defined revenue streams as determined by the Board. D. Local Affordable Housing Trust Fund There shall be established a Local Affordable Housing Trust Fund (Fund). All voluntary donations or other revenue generated for affordable housing shall be deposited into the Fund either upon the day of receipt or the next business day following receipt. The Fund shall be maintained in an interest-bearing account and any interest derived from deposits in the Fund shall follow and remain within the Fund. Any recaptured monies, e.g. repayments on loans, shall also be deposited in the Fund. Monies in the Fund, including interest and recaptured monies, shall be disbursed according to the eligible uses set forth and as approved by the Board and administered by the Community and Human Services Division. Awards from the Fund shall be made at the discretion of the BCC. The Community and Human Services Division will act as the administrators of the fund and associated projects for the BCC. The AHAC will work with CHS staff to develop oversight protocols and specific eligibility criteria for BCC approval. Additional members may be recommended to join the AHAC to assure a balanced oversight committee. E. Designation of a Project to Provide Affordable Housing: (1) Development of criteria: The Affordable Housing Advisory Committee, along with CHS staff shall develop criteria for evaluating the appropriate mix of very -low- income, low-income, moderate -income, gap -income and other housing in a project to qualify for award of HTF. The criteria shall be based in part on the Community Wide Housing Plan and the Housing Element of the GMP. These criteria shall be established by policy of the Board of County Commissioners, and may be amended from time to time by the BCC. The policy shall also provide for a covenant running with the land to ensure the continued affordable housing status of the property. No less than 10% of the fund balance is to be set aside for projects benefitting seniors and/or persons or families with special needs. (2) Applicability of criteria: A project for which the HTF funding is sought shall be reviewed by the AHAC to determine the appropriate mix of extremely low income, very -low income, low income, moderate income, gap income, and other housing necessary to qualify for the special applicability. The determination shall be based on the criteria adopted as called for in paragraph (1) above. The determination shall be made by the Board of County Commissioners upon the recommendation of the AHAC. Once the appropriate mix is established, and other appropriate conditions imposed related to the criteria, the project shall be considered a project to provide affordable housing and be eligible for award of HTF monies. F. Use of Funds 1. All funds deposited into the Local Housing Trust Fund shall comply with all applicable federal, state and local laws governing the establishment and operations of the Trust Funds. 2. All funds deposited in the Local Affordable Housing Trust Fund shall be deposited in a separate and segregated account and shall be dedicated solely to the development and preservation of affordable housing. 3. Programs for which funds may be used include the following: 1) Down Payment Assistance 2) Impact Fee Relief 3) Land Acquisition 4) Construction Loans 5) Community Land Trust 6) Preserve Existing Affordable Housing Supply 7) Rental Assistance 8) Local Contribution for Tax Credit or SAIL applications The above list is not exhaustive, and the County Commission may add or remove alternative affordable housing programs. Additional points in scoring, or additional funds will be awarded to those projects that are mixed income, in activity centers, or on major transit routes (in particular on CAT routes). Ten percent (10%) of all funds are set aside to benefit seniors and/or persons or families with special needs. 4. Any funds that remain uncommitted at the end of the County's fiscal year (including interest, other earned income, or repayments on loans) shall remain in the Trust Fund and shall be used for the purposes hereof during the next fiscal year. 5. No more than ten percent (10%) of Local Affordable Housing Trust Fund money available as of the start of the County's fiscal year may be budgeted for administration of the Housing Trust Fund. Administrative expenses are limited to operating expenses directly associated with administration of Trust Fund activities and programs. 6. Annual reports will be provided to the County Commission on all approved projects funded through the Local Housing Trust Fund. G. Approvals All projects funded through the Local Housing Trust Fund at a minimum include an application process, written underwriting standards, and loan or grant documents containing repayment provisions and provisions and instruments that guarantee affordability periods. An annual workplan will be developed for BCC approval with an estimated balance of funds to award, and categories and programs recommended, and may be amended from time to time by approval of the BCC. Staff would then accept applications. Trust Fund Loans, grants, or other financial incentives will be presented for approval first to the Affordable Housing Advisory Committee and then to the BCC for approval by a simple majority vote. This Resolution adopted after motion, second, and majority vote this day of April, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 0 , DEPUTY CLERK Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney 0 ANDY SOLIS, CHAIRMAN 0 Collier County Community Housing Plan Implementation Step Two 4-10-18 Presentation: Board of County Commissioners 1 11.A.3 Packet Pg. 107 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : 2 11.A.3 Packet Pg. 108 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Step Two Implementation Items: 1.Amendments to the Code of Laws and Ordinances related to Impact Fee Deferrals; 2.Supercede/Establish a new Local Housing Trust Fund; 3.Initiate the process to establish a Community Land Trust; 4.Initiate a nexus study to determine appropriate linkage fees; 5.Develop a housing that is affordable marketing, public relations, and communications plan. 3 11.A.3 Packet Pg. 109 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #1: Amendments to the Code of Laws and Ordinances related to Impact Fee Deferrals Owner-Occupied Housing Program Rental Housing Program 4 11.A.3 Packet Pg. 110 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Impact Fee Deferral Program Existing Sophisticated compared to others in the State Rental or owner occupied for-sale units Removes upfront cost of Impact fees 5 Owner-Occupied For Sale Program Up to 120% of Median Income Based on De Minimis Amount (less than 3%) Approximately 90 homes per year Lien on home payable upon resale/refinance (with interest) Rental Program Up to 80% of Median Income (low income) Maximum of 225 Units per fiscal year Offers 10yr deferral of fees (security instrument held by Clerk) Remain affordable for 15yrs 11.A.3 Packet Pg. 111 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Impact Fee Deferral Program – Today’s Recommendations Owned Occupied For Sale: No changes Rental: Encourage the development of affordable rental housing development by allowing the BCC, on a case-by-case basis to: Consider impact fee deferrals in excess of the annual allotment of 225 Consider impact fee deferrals of greater than ten (10) years Include Moderate income (120%MI) Extend the affordability term from 15 to 30 years. 6 11.A.3 Packet Pg. 112 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #2: Supercede/ Establish a LOCAL Housing Trust Fund 7 Benefits of a Local Housing Trust Fund Wide Range of Funding Sources –Everyone Participates Identifies Potential Uses Identifies Administration and Oversight Addresses Backlog All Income Levels may be Assisted Creates Leverage Opportunities (typically 10:1; up to 25:1) 11.A.3 Packet Pg. 113 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Local Housing Trust Fund 8 In Lieu of Fees Land Sale $ Linkage Fee Philanthropy Sales Tax General Fund Down Payment Impact Fee Relief Land Acquisition Construction Loans Comm. Land Trust Rehabilitation Rental Assist Local $ -SAIL Targeted Incomes Disaster Relief Trust Fund 10% for Seniors and Persons with Special Needs Prioritization Oversight Goal Setting Accountability Local Flexibility LOCAL Housing Trust Fund Allows LOCAL control 11.A.3 Packet Pg. 114 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #2: Supercede/ Establish a LOCAL Housing Trust Fund 9 Todays recommendation: Supercede/Establish a Local Housing Trust fund as a depository of locally collected affordable housing funding. Approve resolution superceding prior resolution to create an updated framework of oversight, uses, and processes and controls. 11.A.3 Packet Pg. 115 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #3: Establish a Community Land Trust 10 Legal Structure/ Policy Buy, donate, use trust fund $ Not for profit partner Build Homes/Apartments Hold in Perpetuity 11.A.3 Packet Pg. 116 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #3: Establish a Community Land Trust 11 OVERVIEW •Permanent nonprofit ownership of the land,or land lease •Units sold or rented to income qualified households with the land remaining in CLT ownership under 99-year land lease •Nonprofit retains ownership of the land reducing the housing costs and the unit remains permanently affordable •The owner of a CLT home is required to sell to a similarly qualified buyer at a restricted price, determined by a resale formula found in the ground lease •By excluding the price of the land,the overall purchase price and the monthly mortgage (PITI)or rental payments are affordable 11.A.3 Packet Pg. 117 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #3: Establish a Community Land Trust 12 HISTORY •Ownership of improvements on leased land traces back decades •Early examples are Arden, Delaware and Fairhope, Alabama. •Largest and oldest - Champlain Housing Trust in Burlington, Vermont which currently manages 2,200 rental units and 565 owner-occupied units FLORIDA •Several established in the early 2000s in response to the housing boom and rapid rise in purchase prices •There is no enabling legislation required for community land trusts •They are Florida nonprofit organizations with section 501(c)(3) IRS tax exemption 11.A.3 Packet Pg. 118 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #3: Establish a Community Land Trust STRUCTURE –Set forth in the By-Laws The typical community land trust board is made up of three groups: •Resident members –CLT homeowners/renters •General members –residents of the community that do not own CLT homes •Public members –represent the public interest. Can include elected officials, municipal staff, and/or representatives from other local nonprofits. The land is considered a public asset that the CLT stewards on behalf of the community. There are three basic goals to stewardship: •Preserve the affordability of the units •Preserve the physical quality of the units •Insure the security of the homeowner 13 In most cases,CLTs operate as independent organizations 11.A.3 Packet Pg. 119 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #3: Establish a Community Land Trust 14 Work with the County Attorney to create the legal framework of an entity to become a Community Land Trust in Collier County. Provide funding for legal costs, initial staffing, logistical support. Ensure County participation in development of priorities and governance. 11.A.3 Packet Pg. 120 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #4: Initiate Linkage Fee Study $1/SqFt for Non-Residential 15 •Links new Commercial/ Industrial Development to the Affordable Housing Demands it creates •National Best Practice recommended in ULI Study- Stable/Recurring Revenue Streams •Several in existence in Florida •High wage/targeted industries excluded •Housing Plan recommendation is a nominal $1/square foot 11.A.3 Packet Pg. 121 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Collier Comprehensive Plan Guidance Policy 1.9 of the Housing Element of the Collier County Comprehensive Plan specifically tasks the County, with the City of Naples, to explore the development of a fair share affordable housing ordinance that shall require commercial and residential developments to address the lack of affordable housing. This policy supports the primary goal and objective of this Housing Element, which is to provide new affordable housing units in order to meet the current and future housing needs of residents with very-low, low, moderate, and gap incomes, including households with special needs such as rural and farmworker housing in rural Collier County. 16 11.A.3 Packet Pg. 122 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Collier County Housing Plan Non-Residential Sqft 17 11.A.3 Packet Pg. 123 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #4: Initiate Linkage Fee Study 18 Todays recommendation: Direct staff to initiate the process of engaging in a linkage fee nexus study to determine appropriate linkage fees on new development, as well as the maximum feasible fees development can support in light of existing fees and other factors. 11.A.3 Packet Pg. 124 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #5: Develop a housing that is affordable marketing, public relations, and communications plan. 19 Communication, Education and Outreach Matching demand and supply Matching developers with incentives 11.A.3 Packet Pg. 125 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Collier County Housing Plan Recommendations-Communication & Outreach Access to information: Website Current Inventory of Affordable Housing Availability Links to Information & Resources, outlining all available programs Easy application process for Developers and Applicants Developers and Consumers benefit Matches Buyers & Sellers Communications Plan to keep the public aware of efforts and impact 20 11.A.3 Packet Pg. 126 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Recommendation #5: Develop a housing that is affordable marketing, public relations, and communications plan. 21 Todays recommendation: Communication, Education and Outreach Matching demand and supply Matching developers with incentives 11.A.3 Packet Pg. 127 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Step Two Implementation Items Summary: 22 1.Amendments to the Code of Laws and Ordinances related to Impact Fee Deferrals; 2.Supercede/Establish a new Local Housing Trust Fund; 3.Initiate the process to establish a Community Land Trust; 4.Initiate a nexus study to determine appropriate linkage fees; 5.Develop a housing that is affordable marketing, public relations, and communications plan. 11.A.3 Packet Pg. 128 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : Questions 23 11.A.3 Packet Pg. 129 Attachment: Housing Plan- Step 2 - BCC Public Presentation - 040418-1336 (5134 : 1 Martha S. Vergara From:GrantKimberley <Kimberley.Grant@colliercountyfl.gov> Sent:Friday, April 06, 2018 11:06 AM To:BrockMaryJo; DLCOMM; Minutes and Records; KlatzkowJeff; BrownleeMichael; FilsonSue; GoodnerAngela; GrecoSherry; LykinsDave; TrochessettAimee Cc:OchsLeo; CasalanguidaNick; CarnellSteve; GiblinCormac; CohenThaddeus; PriceLen; YilmazGeorge; IsacksonMark; SheffieldMichael; CoxMichael Subject:RE: Complete resolution for Item 11A- Attachment B Attachments:Agenda Corrections Item 11A.PDF All, Due to an uploading error, it is necessary to send the attached information for agenda item 11A (4/10/18 BCC meeting). The first page of the attachment clarifies the corrections for the record. Thank you, Kim Grant, MBA, CPM Director Community and Human Services Making our Community Stronger: One life, one home, one project at a time. 3339 East Tamiami Trail, Building H, Room 211, Naples, Fl 34112 Phone: 239-252-6287 Cell: 239-450-3672 Kimberley.Grant@colliercountyfl.gov From: BrockMaryJo Sent: Thursday, April 05, 2018 9:28 AM To: DLCOMM <DLCOMM@colliercountyfl.gov>; minutesandrecords@collierclerk.com; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov>; BrownleeMichael <Michael.Brownlee@colliercountyfl.gov>; FilsonSue <Sue.Filson@colliercountyfl.gov>; GoodnerAngela <Angela.Goodner@colliercountyfl.gov>; GrecoSherry <Sherry.Greco@colliercountyfl.gov>; LykinsDave <Dave.Lykins@colliercountyfl.gov>; TrochessettAimee <Aimee.Trochessett@colliercountyfl.gov> Cc: OchsLeo <Leo.Ochs@colliercountyfl.gov>; CasalanguidaNick <Nick.Casalanguida@colliercountyfl.gov>; CarnellSteve <Steve.Carnell@colliercountyfl.gov>; GrantKimberley <Kimberley.Grant@colliercountyfl.gov>; GiblinCormac <Cormac.Giblin@colliercountyfl.gov>; CohenThaddeus <Thaddeus.Cohen@colliercountyfl.gov>; PriceLen <Len.Price@colliercountyfl.gov>; YilmazGeorge <George.Yilmaz@colliercountyfl.gov>; IsacksonMark <Mark.Isackson@colliercountyfl.gov>; SheffieldMichael <Mike.Sheffield@colliercountyfl.gov>; CoxMichael <Michael.Cox@colliercountyfl.gov>; BrockMaryJo <MaryJo.Brock@colliercountyfl.gov> Subject: Complete resolution for Item 11A- Attachment B Good morning, The Resolution attached to Item 11A did not scan correctly, and as a result only one page was attached to the agenda packet. Please see the complete Resolution attached. 2 Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs, Jr. maryjo.brock@colliercountyfl.gov County Manager’s Office 3299 East Tamiami Trail Naples FL 34112 239.252.8364 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. BCC Meeting April 10, 2018 Corrections for Agenda Item 11.A. “Community Housing Plan Implementation” Due to an upload error, corrections need to be made to the following item: 11.A. ***This item to be heard at 10:00 a.m.*** Recommendation to authorize staff to continue implementation of the Community Housing Plan (CHP) by performing the following: (1) direct the County Attorney to advertise an amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to supercede Resolution No. 07-203 which established an Affordable-Workforce Housing Trust Fund and establish a new Local Housing Trust Fund; (3) direct staff to initiate the process to establish the creation of a Community Land Trust; (4) direct staff to initiate a nexus study to determine appropriate linkage fees on new development of various types as well as the maximum feasible fees development can support in light of existing fees and other factors; (5) direct staff to develop an affordable housing plan including marketing, public relations, and communications. (Total Fiscal impact: $245,000 over two (2) years) Corrections include: • Clarifications made to Executive Summary by County Attorney’s Office (revised Executive Summary included) • Pages missing from Attachment A, Ordinance Amendment (compete Ordinance included) • Pages missing from Attachment B, Resolution (complete Resolution included) 04/10/2018 EXECUTIVE SUMMARY Recommendation to authorize staff to continue implementation of the Community Housing Plan (CHP) by performing the following: (1) direct the County Attorney to advertise an amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to supercede Resolution No. 07-203 which established an Affordable- Workforce Housing Trust Fund and establish a new Local Housing Trust Fund; (3) direct staff to initiate the process to establish the creation of a Community Land Trust; (4) direct staff to initiate a nexus study to determine appropriate linkage fees on new development of various types as well as the maximum feasible fees development can support in light of existing fees and other factors; (5) direct staff to develop an affordable housing plan including marketing, public relations, and communications. (Total Fiscal impact: $245,000 over two (2) years) OBJECTIVE: To implement new and modified approaches to address Collier County’s housing affordability issues as recommended in the 2017 Collier County Community Housing Plan (CHP). CONSIDERATIONS: Collier County has a statutory obligation to provide for housing for its current and anticipated population, including those that are most vulnerable. Housing that is affordable is part of a community’s infrastructure and therefore impacts the entire community. First responders, health care professionals, teachers, and others have been historically priced out of the housing market. A vibrant and sustainable community needs to develop specific strategies to accommodate the housing needs of its citizens. In response to community concerns, the Board of County Commissioners (Board) commissioned the development of a CHP in March 2016 with a broad cross-section of stakeholders appointed in June 2016. In 2017, the Urban Land Institute (ULI) performed a panel review of the housing situation in Collier County. Among their conclusions is that Collier County needed to reframe its view of housing to better meet the needs of the 40% of the population (58,685 households) currently living in Collier County that are cost-burdened, spending more than 30% of their income on housing. This large segment of Collier County’s population is working and living here un-affordably. The community stakeholders presented the CHP to the Board on October 25, 2017. The plan includes approximately 30 specific recommendations including housing for seniors and those with special needs. The Board accepted the CHP and staff initiated an implementation schedule. The first set of actions was approved by the Board on February 27, 2018, Agenda Item 11A. This request is the second of the series of implementation actions to be presented to the Board. Specific recommendations include: A. Approval to direct the County Attorney to advertise an amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals to encourage the development of affordable rental housing by allowing the BCC, on a case- by-case basis, to allow rental impact fee deferrals in excess of the annual allotment of 225 and to allow rental impact fee deferrals of greater than ten (10) years. The amendment will also extend the affordability term of participating rental developments from 15 to 30 years. There are no changes to the owner-occupied program. (Refer to Attachment A - Ordinance Amendment) B. Adoption of a resolution to supercede Resolution No. 07-203 and establish the Local Affordable Housing Trust Fund such that all revenue generated for affordable housing shall be deposited and all monies disbursed from the Fund. Resolution also specifies what 04/10/2018 the funds will be allocated for, and outlines the roles and responsibilities for administration. (Refer to Attachment B - Housing Trust Fund Resolution) C. Direct staff to create a Community Land Trust in Collier as a legal mechanism for pursuing a partnership with a local nonprofit with the mission of ensuring housing opportunities remain affordable for perpetuity. D. Direct staff to initiate the process of engaging in a linkage fee nexus study to determine appropriate linkage fees on new development as well as the maximum feasible fees development can support in light of existing fees and other factors. Policy 1.9 of the Housing Element of the Collier County Comprehensive Plan specifically tasks the County, with the City of Naples, to explore the development of a fair share affordable housing ordinance that shall require commercial and residential developments to address the lack of affordable housing. This policy supports the primary goal and objective of this Housing Element, which is to provide new affordable housing units in order to meet the current and future housing needs of residents with very-low, low, moderate, and affordable workforce incomes, including households with special needs such as rural and farmworker housing in rural Collier County. E. Direct staff to initiate the process of developing a marketing, public relations, and communications plan to continue to educate the public on the issues of housing affordability in Collier County, as well as provide a one-stop shop for housing information and resources. • Create an online, near-real-time updated Current Inventory of Affordable Housing Availability (purchase or rental) along with links to information & Resources, outline all available programs. • Create an easy to find, one click “housing-focused” website. • Develop a Marketing, PR & Communications Plan to continue to educate the community on who needs housing and is having trouble finding it; why we need to address the situation; what’s the impact of no action; and keep the public aware of efforts and impact. • Conduct a survey to measure the current baseline understanding of affordable housing issues within the community. • Begin a campaign to clarify the meaning of “affordable housing.” • Educate residents and “change the narrative” to present affordable housing as a necessity and a shared public responsibility. • Create PSA’s, short videos and social media and other vehicles to educate the public on housing affordability issues continually. FISCAL IMPACT: Funding is needed for various implementation elements. The linkage fee study is estimated at $65,000 and funds are available in the current year budgeted in Fund 116, cost center 138711 and Fund 001, cost center 115930. The Community Housing Land Trust startup funding is estimated at $100,000, and the Marketing, PR, and Communications plan is estimated at $80,000. If approved, funding for these two elements will be included in the FY 18/19 budget for approval at that time. GROWTH MANAGEMENT IMPACT: Approval of these policies, strategies, ordinances, and amendments will assist Collier County in meeting the goals of the Housing Element of the Comprehensive Plan. LEGAL CONSIDERATIONS: For those implementation actions that are Board approved, the County Attorney’s Office will work with staff to ensure that the resolutions, amendments to resolutions, ordinances are approved for form and legality. Accordingly, this Item is approved to form and legality 04/10/2018 and requires a majority vote for Board approval. - RECOMMENDATION: To authorize staff to continue implementation of the Community Housing Plan (CHP) by performing the following: (1) direct County Attorney to advertise amendment to Chapter 74 of the Collier County Code of Laws and Ordinances related to Impact Fee Deferrals; (2) approve a resolution to supercede Resolution No. 07-203 which established an Affordable-Workforce Housing Trust Fund and establish a new Local Housing Trust Fund; (3) direct staff to initiate the process to establish the creation of a Community Land Trust; (4) direct staff to initiate a nexus study to determine appropriate linkage fees on new development of various types as well as the maximum feasible fees development can support in light of existing fees and other factors; (5) direct staff to develop a housing that is affordable marketing, public relations, and communications plan. (Total Fiscal impact: $245,000 over two (2) years) Prepared By: Cormac Giblin, AICP - Grants and Housing Development Manager; Community and Human Services Division ATTACHMENT(S) 1. Attachment A - Impact Fee Deferral Ordinance Modifications (DOC) 2. Attachment B - CAO Stamped Resolution AH Trust Fund 2018 (JPG)