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Agenda 05/22/2018 Item #17CProposed Agenda Changes Board of County Commissioners Meeting May 22, 2018 Move Item 17C to Item 9D: Recommendation to approve an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to provide for an amendment to Section 74-401 to encourage the development of affordable rental housing by allowing the Board, on a case-by- case basis, to allow rental impact fee deferrals in excess of the annual allotment of 225, to allow rental impact fee deferrals of greater than ten (10) years and to extend the affordability term of participating rental developments from 15 to 30 years. (Commissioner Fiala’s request) Time Certain Items: Item 9C to be heard at 5:05 p.m. Item 11A to be heard at 10:00 a.m. Item 11C to be heard at 11:00 a.m. 5/22/2018 1:00 PM 05/22/2018 EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to provide for an amendment to Section 74-401 to encourage the development of affordable rental housing by allowing the Board, on a case-by-case basis, to allow rental impact fee deferrals in excess of the annual allotment of 225, to allow rental impact fee deferrals of greater than ten (10) years and to extend the affordability term of participating rental developments from 15 to 30 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: The Board of County Commissioners (Board) commissioned the development of the Community Housing Plan in March 2016 with a broad cross-section of stakeholders appointed in June 2016. 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 recommended actions were presented to the Board on February 27, 2018, Agenda Item 11A. The second set of recommended actions were presented to the Board on April 24, 2018, Agenda Item 11A. One of the actions taken by the Board on April 24th was direction to the County Attorney to advertise an amendment to Chapter 74 of the Collier County Code of Laws and Ordinances (Code) 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 proposed to the owner-occupied program at this time. (Refer to Attachment A - Ordinance Amendment) FISCAL IMPACT: As provided above, Chapter 74 of the Code provides a maximum allotment of 225 Impact Fee Deferrals for specified affordable rental housing. The term of the deferral is 10-years and is secured with a financial instrument such as a Treasury or Tri -Party Agreement and a lien on the subject property, in the amount of the deferred impact fees. The estimated maximum annual fiscal impact for the current 225-unit allotment is approximate $2,500,000, however participation in this Program over the last 10-years has been limited. At the conclusion of the 10-year term, the impact fees are paid to the respective impact fee trust funds. The proposed change will allow the Board to evaluate requests for impact fees deferrals that exceed the 225 - unit limit and/or request a term greater than the ten-year deferral on a case-by-case basis. As part of the evaluation, the Board may be required to identify funds to offset the additional cost related to the increase in units and/or deferral term. GROWTH MANAGEMENT IMPACT: Approval of this amendment will assist Collier County in meeting the goals of the Housing Element of the Comprehensive Plan. LEGAL CONSIDERATIONS: This Item is approved to form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: To approve an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to provide for an amendment to Section 74-401 to encourage the development of affordable rental housing by allowing the 17.C Packet Pg. 1386 05/22/2018 Board, on a case-by-case basis, to allow rental impact fee deferrals in excess of the annual allo tment of 225, to allow rental impact fee deferrals of greater than ten (10) years and to extend the affordability term of participating rental developments from 15 to 30 years. Prepared By: Cormac Giblin, AICP - Grants and Housing Development Manager; Community and Human Services Division and Amy Patterson, Director, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Proposed Amendment to Chapter 74 (PDF) 2. Legal Ad - Agenda ID 5578 (PDF) 17.C Packet Pg. 1387 05/22/2018 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 5578 Item Summary: Recommendation to approve an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, to provide for an amendment to Section 74-401 to encourage the development of affordable rental housing by allowing the Board, on a case-by-case basis, to allow rental impact fee deferrals in excess of the annual allotment of 225, to allow rental impact fee deferrals of greater than ten (10) years and to extend the affordability term of participating rental developments from 15 to 30 years. Meeting Date: 05/22/2018 Prepared by: Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management Name: Paula Fleishman 05/03/2018 5:01 PM Submitted by: Title: Operations Coordinator – Office of Management and Budget Name: Valerie Fleming 05/03/2018 5:01 PM Approved By: Review: Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/04/2018 11:06 AM Community & Human Services Cormac Giblin Additional Reviewer Completed 05/04/2018 3:15 PM Public Services Department Kimberley Grant Additional Reviewer Completed 05/07/2018 11:23 AM Growth Management Department Thaddeus Cohen Additional Reviewer Completed 05/07/2018 1:04 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/07/2018 3:02 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/09/2018 2:17 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/14/2018 10:18 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/15/2018 4:44 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM 17.C Packet Pg. 1388 17.C.1 Packet Pg. 1389 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1390 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1391 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1392 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1393 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1394 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1395 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1396 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1397 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1398 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1399 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1400 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1401 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1402 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1403 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1404 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1405 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.1 Packet Pg. 1406 Attachment: Proposed Amendment to Chapter 74 (5578 : Impact Fee Rental Deferral Ordinance Amendment) 17.C.2 Packet Pg. 1407 Attachment: Legal Ad - Agenda ID 5578 (5578 : Impact Fee Rental Deferral Ordinance Amendment)