Agenda 03/12/2013 Item #16F4 3/12/2013 16.F.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.4.
Item Summary: Recommendation to provide direction to the County Manager, or his
designee, on the refund of previously paid Affordable Housing Contributions upon the approval
of minor changes to Planned Unit Developments or Settlement Agreements to remove the
Affordable Housing Contribution commitments, in accordance with the newly approved Land
Development Code process.
Meeting Date: 3/12/2013
Prepared By
Name: PattersonAmy
Title: Manager-Impact Fees&EDC,Business Management&
3/6/2013 11:55:08 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 3/6/2013 2:33:36 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 3/6/2013 3:27:25 PM
Name: OchsLeo
Title: County Manager
Date: 3/6/2013 3:53:16 PM
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3/12/2013 16.F.4.
EXECUTIVE SUMMARY
Recommendation to provide direction to the County Manager, or his designee, on the refund of
previously paid Affordable Housing Contributions upon the approval of minor changes to Planned
Unit Developments or Settlement Agreements to remove the Affordable Housing Contribution
commitments,in accordance with the newly approved Land Development Code process.
OBJECTIVE: To obtain direction by the Board of County Commissioners (Board) regarding the
potential refund of Affordable Housing Contributions.
CONSIDERATIONS: On November 8, 2011, Mr. Rich Yovanovich, representing the owners of
Sandalwood Planned Unit Development (PUD), petitioned the Board (Item 6A) to discuss
amending the Joint Settlement Agreement to remove the requirement for the payment of an
Affordable Housing Contribution. As discussed during the petition, during the years of 2005-2008
an Affordable Housing Contribution of $1,000 per residential unit and/or $0.50 per commercial
square-foot were commonly included as a condition of the PUD. In some instances the
commitment was memorialized in the form of a Developer or Settlement Agreement. At the time
these contribution commitments were made, there was a stated lack of affordable housing in Collier
County and such funds paid would be dedicated to mitigation of that issue. However, with the
downturn in the market and resulting price reductions, affordable housing issues are less significant
and developers are seeking to modify their PUDs or other controlling documents to eliminate the
Affordable Housing Contribution requirements.
On December 13, 2011 (Item 16A (24) moved to 10M), the Board suspended collection of all
Affordable Housing Contributions. The Board further directed that: 1) a LDC amendment be
prepared to address minor changes to PUDs (and other Agreements), in order to simplify the
process for removing the affordable housing contribution commitments; 2) Property Owners be
notified that their PUD or other controlling document may be amended in order to remove the
Affordable Housing Contribution commitment, including an explanation of the (then) current LDC
requirements, the proposed changes to the LDC and the timeframe for hearing on the changes; and
3) upon approval of the LDC amendment, the issue of refunding previously paid contributions
would be addressed.
A change to Land Development Code was approved on September 25, 2012, which created a
process to make minor text changes to PUDs, Development Agreements and Settlement
Agreements to remove the affordable housing contribution commitments. Pursuant to LDC Sec.
10.02.13.E.3, the process is as follows:
"Affordable housing commitments. Beginning October 3, 2012, the County Manager or
designee shall be authorized to make minor text changes to remove affordable housing
commitments to pay an affordable housing contribution in PUDs, Development Agreements, and
Settlement Agreements if the following conditions are met:
i. The applicant notices property owners in writing in accordance with sections 10.03.05
B.10 or 10.03.05 B.11 as may be applicable.
ii. If no written objection is received, the request to remove commitments is deemed
approved.
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3/12/2013 16.F.4.
iii. If a property owner who receives notice submits a written objection within 30 days of the
mailing of the notice, the matter shall be scheduled for public hearing before the Board of County
Commissioners. Public notice shall comply with subsection 10.03.05 B.13 of the LDC."
There are nine developments that have paid Affordable Housing Contributions, totaling $604,581.
If the Board is in support of refunding those payments staff recommends the following:
1. The applicant has first removed the commitment as set forth above.
2. If the applicant is the sole entity entitled to the refund, staff shall prepare an Executive
Summary seeking Board approval to issue the refund.
3. If multiple entities are entitled to the refund, staff will request the applicant provide staff
with a proposed allocation, signed off by each claimant. The County has maintained detailed
records of these transactions and will be available to assist the applicant with this request. Provided
all claimants are in agreement with the proposed refund allocation, staff shall prepare an Executive
Summary seeking Board approval to issue the refund.
4. In the event of a dispute, or circumstances that do not allow the above process to be
followed (the original payer no longer exists, there are foreclosure or bankruptcy issues, etc.), staff
will bring such matters to the Board for individual review. Staff has completed a preliminary
review related to the parties having made payment and have identified no issues at this time.
FISCAL IMPACT: The amount of $604,581 has been collected to date, with any further
collections having been suspended by the Board. The funds are contained in Fund 105 and have not
been expended. A 1% administrative fee was retained at the time the contributions were collected
to offset the staff time dedicated to the collection and monitoring of the contributions. The balance
of the Fund is adequate to facilitate a full refund to eligible parties, including the 1% administrative
fee. The remaining balance, comprised mainly of interest earnings, is. approximately $23,000
(through March 5, 2013) and will be retained to offset costs of monitoring, assisting with the
process to remove the contribution commitments from the controlling land use regulations and
managing the refund process, which includes providing needed information, documentation, etc. to
entities entering the described process.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item, and finds it
consistent with LDC Sec. 10.02.13.E.3. Accordingly, this item is legally sufficient, and requires
majority support for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners direct the County Manager,
or his designee, to proceed with the outlined plan to refund previously paid Affordable Housing
Contributions upon the approval of minor changes to Planned Unit Developments or Settlement
Agreements to remove the Affordable Housing Contribution commitments, and approve any budget
amendments that may be required to facilitate this action.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager,
Office of Management and Budget
Attachments: 1. Affordable Housing Contribution Spreadsheet
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