Agenda 12/11/2012 Item #16D1512/11/2012 Item 16.D.15.
EXECUTIVE SUMMARY
Recommendation to accept receipt of the 2012 Incentive Review and Recommendations report
prior to December 31, 2012, as required by Section 420.9076(4), Florida Statutes, State housing
Initiatives Partnership Program (SHIP).
OBJECTIVE: Comply with Section 420.9076, Florida Statutes and provide a triennial incentive report
to the BCC for consideration.
CONSIDERATIONS: Section 420.9076(4) of Florida Statutes requires local governments participating
in the State Housing Initiatives Partnership Program (SHIP) to prepare a report every three years that
reviews established policies, procedures, ordinances, land development regulations and the local
Comprehensive Plan. At a minimum, the advisory committee submits a report to the local governing body
that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable
housing incentives. The report being submitted is a joint effort between County staff and the Affordable
Housing Advisory Committee (AHAC).
The AHAC must include recommendations on and evaluate the implementation of incentives for eleven
distinct areas. Incentives were discussed in the following areas:
(1) Expedited Permitting;
(2) Impact Fee Waivers or Modification;
(3) Density Flexibility;
(4) Reservation of Infrastructure;
(5) Accessory Dwelling Units;
(6) Parking and Setbacks;
(7) Flexible Lot Configurations;
(8) Street Requirements;
(9) Oversight;
(10) Land Bank Inventory;
(11) Proximity;
At the October 1, 2012 AHAC meeting, an agenda item was heard to discuss the required report
Following discussion, the Committee voted to establish a subcommittee to begin work on the report. The
subcommittee held various meetings and worked with staff from Transportation, Impact Fee,
Comprehensive Planning, Building Review & Permitting and Zoning & Land Development departments.
In addition, a representative from the Florida Housing Coalition (FHC) provided an overview to the
committee of the general duties of the AHAC and provided technical assistance to the housing staff and
committee during the review and completion process of the report.
The Collier County 2012 Incentive Review and Recommendation report was presented at a public hearing
to the full membership of the AHAC on November 5, 2012. There were no written public comments
received, however a public comment was made during the meeting which was transcribed in the meeting
minutes that are included as backup to this item.
The AHAC voted to accept the Incentive Report with minor amendments to three current incentives and
recommendations for Board consideration. At this time, no Board action is requested. An item will be
taken to the Board within 90 days from Report submittal to take action on the recommendations and
amend the Local Housing Assistance Plan to include the adopted incentives. The item will include a
proposed Resolution to adopt these incentives and amend the Local Housing Assistance Plan.
�1
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2/11/2012 Item 16.D.15.
At a minimum, Section 420.9071(16), Florida Statutes requires SHIP participating local governments to
adopt two incentives; 1) a process assuring that permits as defined in s. 163.3164(7) and (8) for affordable
housing projects are expedited to a greater degree than other projects and 2) to ongoing process for
review of local policies, ordinances, regulations, and plan provisions that increose the cost of housing
prior to their adoption; and a schedule for implementing the incentive strategies. Collier County currently
complies with this requirement.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: Collier County received the minimum allocation under the SHIP
Program. Section 420.9074(4) (k) states that local governments that receive the minimum allocation
under the SHIP Program may elect to not perform the triennial review. The County's technical advisor
recommends that the County perform the three year review in the event that w* receive more than the
minimum allocation in the near future. This item is legally sufficient and requires a majority vote for
Board action. - JBW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To accept receipt of the 2012 Incentive Review and ftcommendations report
prior to December 31, 2012, as required by Section 420.9076(4), Florida Statutes, SHIP Program.
Prepared By: Kristi Sonntag, Federal/State Grant Manager; Housing, Human and Veteran Services
111
/01-IN
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12/11/2012 Item 16.D.15.
'~ COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15.
Item Summary: Recommendation to accept receipt of the 2012 Incentive Review and
Recommendations report prior to December 31, 2012, as required by Section 420.9076(4),
Florida Statutes, State Housing Initiatives Partnership Program (SHIP).
Meeting Date: 12/11/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
11 /9/2012 4:13:44 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
Name: DoriaPriscilla
11/9/2012 4:13:47 PM
Approved By
Name: SonntagKristi
Date: 11/12/2012 7:57:31 PM
Name: LarsenKathleen
Date: 11/13/2012 9:58:02 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 11/13/2012 8:51:41 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 11/14/2012 2:08:01 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Packet Page -3464-
12/11/2012 Item 16.D.15.
Date: 11/14/2012 2:55:18 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 11/15/2012 8:24:27 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 11/16/2012 11:47:24 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 11/19/2012 9:17:19 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/19/2012 2:53:22 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 11/20/2012 9:07:00 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/27/2012 4:58:39 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/30/2012 9:39:54 AM
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12/11/2012 Item 16.D.15.
2012
Incentive Review and Recommendation Report
Prepare by:
Public Services Division,
Housing, Human & Veteran Services Department &
The Affordable Housing Advisory Committee
Collier County, Florida
Affordable Housing Advisory Committee (AHAC) Members
Stephen Hruby, Chairman, Representing residential home building industry
Christian Davis, Vice - Chair, Representing the banking or mortgage industry
John Cowan, Representing not - for - profit provider of affordable housing
Patricia Fortune, Representing for- profit provider of affordable housing
Clyde Quinby, Representing real estate professional
Alan Hamisch, Representing low- income persons
Raymond Cabral, Representing essential services personnel
Vacant, Representing those involved in labor of home building
Vacant, Representing local planning agency
Vacant, Representing employers
Vacant, Residing within jurisdiction
Vacant, Alternate
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12/11/2012 Item 16.D.15.
Incentives & Recommendations
a. Incentive: Expedited Permitting — The processing of approvals of development
orders or permits, as defined in Sec. 163.3164(7) and (8), F.S. for affordable housing
projects is expedited to a greater degree than other projects.
Current Incentive: Permits as defined in ss. 163.3164(7) and (8), Fla. Stat. for
affordable housing projects are expedited to a greater degree than other projects.
Review Synopsis: The committee reviewed and discussed the current resolution
governing Expedited Permitting in Collier County. The committee noted the
following:
In 2010 -2011, Collier County refined the building permit process and performance
measures were developed to facilitate the expedited performance and allow the
county to closely monitor its performance and adherence to this policy. The current
permit process is review within 5, 10, or 15 days for various permit types, or a
portion of the permit fee will be refunded. Development projects are given priority
for processing. Developers in the community are aware of the process through
public meetings.
The committee concluded that the current Expedited Permitting process is sufficient
and is adequately expediting the review of development orders and permits for
affordable housing projects. The committee notes that while the process is
currently operating as intended, an increase in development review requests may
increase processing times and cause undesired delays. One possible solution the
County may consider is using third -party permit reviewers. The cost to employ the
third party reviewer would be paid by the agency seeking approval and the County
would implement random auditing to ensure program compliance.
Committee Recommendation: The current building permit process is 5, 10, 15
days. The committee recommends providing for single family permits using state or
federal funds be moved to the top of the permitting process (i.e. receive priority).
The committee considers the program to be operating as intended and the incentive
effectively benefiting providers of affordable housing. In preparation of a future
increase in expedited permitting requests, the committee recommends the County
begin research on the use of third -party reviewers.
Amended Incentive: Collier County expedites permits as defined in Sec. 163.3164(7)
and (8), F.S. for affordable housing projects; follow the 5, 10, 15 day processing
assigning a higher priority to single family affordable housing . Affordable housing
will be identified as those projects assisted with state or federal housing funds.
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12/11/2012 Item 16.D.15.
Board Action:
b. Incentive: Impact Fee Waivers and Modifications — The modification of impact -fee
requirements, including reduction or waiver of fees and alternative methods of fee
payment for affordable housing.
Current Incentive: Individuals or organizations constructing new affordable housing
units to benefit very low- and low- income persons and households are eligible for the
deferral of impact fees.
Review Synopsis: Collier County Resolution No. 2008 -97, provided Board of County
Commissioner direction on restricting the use of the remaining funds for deferral of
County Impact Fee for single family homeowners who occupied affordable housing
units. The County has suspended the program.
Committee Recommendation: The committee recommends exploring options to
establish a funding source. Such fund may be used for future deferred impact fees for
owner occupied dwelling units.
Amended Incentive: No proposed changes at this time.
Board Action:
c. Incentive: Density Flexibility — The allowance of flexibility in densities for affordable
housing.
Current Incentive: The developer may request increased density when including a
certain percentage of affordable housing in the proposed development.
Review Synopsis: The committee reviewed and discussed the current Affordable
Housing Density Bonus Program, contained in Ordinance No, 90 -89, now codified by
Ordinance No. 04 -41, as Land Development Code (LDC) 2.06.00 et seq, which density
bonus can only be granted by the Commission and utilized by the Developer in
accordance with the strict limitations and applicability of said provisions.
The committee concluded that the current Affordable Housing Density Bonus program
lacks the certainty developers require when contemplating a new development. The
number of allowable units often times is not determined until after the developer has
undergone a timely and costly approval process. Under the current process, the public
has no certainty that the product resulting from granting such a bonus will be
appropriately located, configured and designed to be in compatible with the
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12/11/2012 Item 16.D.15.
surrounding area. Finally, the current methodology for determining acceptable ranges
of density bonuses is confusing and overly complex.
In order to better educate and involve the public in the process, the committee
recommends that a Community Planning Process, similar to the current Neighborhood
Information Meeting, become a mandatory. prerequisite for any density bonus request.
The process should be led by the applicant and monitored by the County with the aim of
making a best -case effort in reaching consensus between the community and the
developer. The committee recognizes the need for the developer to secure the
stakeholders prior to submittal to the county and should include all municipalities,
county personnel and community members and neighbors to reach consent.
Committee Recommendation: AHAC will continue to work with County staff in
reviewing the current Affordable Housing Density Bonus program and the process of a
mandatory Community Planning Process. The results will be presented to the Board of
County Commissioners at a later date for consideration.
Amended Incentive: No proposed changes at this time.
Board Action:
d. Incentive: Reservation of Infrastructure —The reservation of infrastructure capacity for
housing for very -low income persons, low income persons, and moderate income
persons.
Current Incentive: Not a current incentive.
Review Synopsis: Collier County desires, as stated in Policy 2.11 of the Housing Element
of the GMP, to "coordinate with local utility providers to ensure that the necessary
infrastructure and facilities for new housing developments are in place, consistent with
the County's Concurrency Management System ". The committee discussed the need
for the reservation of infrastructure and found that an appropriate amount of capacity
should be reserved for future affordable housing. The committee acknowledges that a
program to reserve infrastructure for future development will require a more detailed
study and further consideration.
The committee identified that this was not a critical priority however the committee
may choose to re -visit as there is current adequate capacity. The committee discussed
the need for a linkage between the need for reservation of infrastructure and the
annual AUIR tasks. As the annual AUIR monitoring will act as an indicator identifying the
need for reservation of infrastructure.
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12/11/2012 Item 16.D.15.
Committee Recommendation: AHAC will work with County staff in drafting a proposal
and report for the reservation of infrastructure to ensure there is sufficient capacity for
future development of affordable housing. The proposal and report will be presented to
the Board of County Commissioners at a later date for consideration.
Proposed Incentive: Committee does not propose an incentive to Reservation of
Infrastructure at this time.
Board Action:
e. Incentive: Accessory Dwelling Units- The allowance of affordable residential units in
residential zoning districts.
Current Incentive: Not a current incentive.
Review Synopsis: The committee discussed the concept of accessory dwelling units and
how they may assist in providing safe, decent and affordable housing in Collier County.
The allowance of accessory dwelling units would not be appropriate in all areas of
Collier County. The committee concluded that the use of these units, sometimes
referred to as mother -in -law suites, should be encouraged in areas that have sufficient
capacity to support them; new construction developments may provide the best
opportunity for inclusion of accessory dwelling units.
Further research and discussion is required to determine how the inclusion of an
accessory unit would affect density on the subject property. Additionally, the Land
Development Code (LDC) and the Comprehensive Plan would have to be examined to
identify current policies that would negatively impact or restrict the use of accessory
dwelling units.
The committee acknowledged that is difficult to evaluate infrastructure needs with
accessory dwelling and difficult to determine the impact on roads. However, the
committee identifies the potential to collect impact fees on the accessory dwelling. The
committee recognizes that this is a best practice across the country.
Committee Recommendation: Direct the AHAC to identify areas within Collier County
suitable for affordable accessory residential dwelling units. The AHAC would also seek a
requirement on accessory dwellings to register address compliance and ensure
accountability. The results will be presented to the Board of County Commissioners at a
later date for consideration.
Proposed Incentive: Committee does not propose an incentive to Accessory Dwelling
Units at this time.
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12/11/2012 Item 16.D.15.
Board Action:
f. Incentive: Parking and Setbacks —The reduction of parking and setback requirements
for affordable housing
Current Incentive: Not a current incentive.
Review Synopsis: The committee discussed the incentive of reduced parking and
setback requirements for affordable housing. It was noted that a reduction in parking
requirements in the urban areas, with mass transportation available, may be
appropriate. In the rural areas the committee felt that the occupants of affordable
housing would have parking needs similar to market rate housing, if not a greater need.
Therefore, a reduction in parking requirements may not be an inventive.
When considering the potential incentive of a reduction in the parking and set
requirements, the committee noted that such a request should be made in the form of a
deviation request, rather than a variance request. The committee believes
consideration should be given to deviations that further assist with the production of
affordable housing so long as the end product's appearance is not significantly affected.
Committee Recommendation: Parking and setback are permissible on a case -by -case
basis. Deviations occur when the reduction of parking and setback requirements may
contain the costs of providing affordable housing. Collier County recognizes the
importance of providing affordable housing and has a Planned Unit Development (PUD)
approval process that allows a developer to request necessary deviations.
The committee also recommends that staff consider an administrative process to allow
projects in the process of converting to affordable housing projects, also to allow for a
deviation in this requirement to incentivize development.
Proposed Incentive: Reductions in parking and setback requirements for affordable
housing are considered as deviations in the PUD approval process and variances in the
conventional zoning process, on a case by case basis.
Board Action:
g. Incentive: Flexible Lot Configurations —The allowance of flexible lot configurations,
including zero -lot -line configurations for affordable housing.
Current Incentive: Not a current incentive.
n,.,..., c . c 4A
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12/11/2012 Item 16.D.15.
Review Synopsis: Collier County desires, as stated in Policy 2.4 of the Housing Element
of the GMP, to "review existing codes and ordinances and amend them as needed to
allow for flexible and innovative residential design ". The committee believes that Collier
County should continue to evaluate local ordinances and codes to ensure that flexibility
in the design is available to those producing affordable housing. The committee
encourages the adoption of administrative deviations as a right of option with
requirements to enhance the development of flexible lot configurations, while not
impacting the health and safety.
Committee Recommendation: Flexibility in lot configurations of affordable housing
should be evaluated on an on -going case -by -case basis. The committee recommends
that the process continues to be embraced by Collier County during the Planned Unit
Development (PUD) annual process.
Proposed Incentive: Not a proposed incentive; Zero lot configuration requirements for
affordable housing are considered as deviations in the PUD approval process and
variances in the conventional zoning process, on a case by case basis.
Proposed Incentive: Committee does not propose an incentive to Flexible Lot
Configurations at this time.
Board Action:
h. Incentive: Street Requirements —The modification of street requirements for
affordable housing.
Current Incentive: Not a current incentive.
Review Synopsis: Modification of street requirements within affordable housing
developments may more easily be encouraged with new construction. The modification
of street requirements is addressed in the Collier County Community Character Plan
which should continue to be embraced.
Committee Recommendation: The modification of street requirements for affordable
housing should be embraced. The committee supports an amendment to the land
development code to address street width and sidewalk modifications. The committee
also recommends a land development code amendment be considered for common
deviations and allow this to occur for affordable housing projects without an application
process. The modification of street requirements may be appropriate on a case -by -case
basis. Collier County recognizes the importance of providing affordable housing and has
a Planned Unit Development (PUD) approval process that allows a developer to request
necessary deviations.
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12/11/2012 Item 16.D.15.
Proposed Incentive: Street requirements for affordable housing re considered as
deviations in the PUD approval process and variances in the conventional zoning
process, on a case by case basis.
Board Action:
I. Incentive: Oversight (Ongoing) —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.
Current Incentive: An ongoing process for review of local policies, ordinances,
regulations and plan provisions that increase the cost of housing prior to their adoption
Collier County requires all items which have the potential to increase the cost of housing
to be prepared and presented to the Collier County Board of County Commissioners
with the amount of the increase or decrease mentioned in the executive summary
under fiscal impact.
Review Synopsis: Collier County currently has an established process whereby local
government, as well as the AHAC, considers, before adoption, policies, procedures,
ordinances, regulation or plan provisions that increase the cost of housing. The
committee determined the current process is functioning as intended. However, there
may be additional opportunities to capture data relevant to providing affordable
housing.
The committee believes there are current controls in place to ensure adequate
oversight of actions which increase the cost providing affordable housing.
The committee recommends exploring additional options to capture information that
has a financial impact on providing affordable housing. The committee also discussed
the participation of its members in the Development Services Advisory Committee to
allow for continuity and increased oversight of those policies, procedures and
ordinances eta I. effecting affordable housing.
The process, by which items are prepared for the BCC Agenda includes a vast approval
hierarchy to ensure that all proposed actions impacting affordable housing are reviewed
on an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory
Committee regularly performs subcommittees to review impediments to affordable
housing, as well as new affordable housing incentive.
Committee Recommendation: The committee recommends an amendment of the
current incentive to include the increase or decrease to affordable housing to be
included in the executive summary under fiscal impact. The committee requests the
appointment of an AHAC member to the Development Services Advisory Committee to
rl)-- . o -9 d n
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12/11/2012 Item 16. D.15.
allow for continuity and increased oversight of those policies, procedures and
ordinances effecting affordable housing.
Amended Incentive: Collier County requires all items which have the potential to
increase the cost of housing to be prepared and submitted to DSAC for review and
presented to the Collier County Board of County Commissioners with the amount of the
increase or decrease mentioned in the executive summary under fiscal impact section.
The Commissioners shall appoint a member of the AHAC to the DSAC.
Board Action:
j. Incentive: Land Bank Inventory — The preparation of a printed inventory of locally
owned public lands suitable for affordable housing.
Current Incentive: Collier County prepares an Inventory of Locally Owned Public Lands
Suitable for Affordable Housing every three years.
Review Synopsis: Florida Statute 125.379, Disposition of County property for affordable
housing, requires the preparation of a printed inventory of locally owned public lands
suitable for affordable housing. Collier County has completed this process and
maintains a list of locally owned properties. The committee reviewed the incentive and
found that the most recent list should be provided to the AHAC on a quarterly basis.
Resolution 2007 -172 directs the use of surplus land and directs those funds derived
from the sale of such property be placed in the Affordable Housing Trust Fund.
Committee Recommendation: The committee recommends that an updated printed
inventory of locally owned public lands suitable for affordable housing be provided to
the AHAC on an annual basis prior to wide spread distribution to allow for
recommendations to further the development of affordable housing in Collier County. .
Amended Incentive: Collier County will prepare an annual inventory of all real property
owned by Collier County and the Cityof Naples that may be appropriate for use as an
affordable housing development.
Board Action:
k. Incentive: Proximity — The support of development near transportation hubs and major
employment centers and mixed -use developments.
Current Incentive: Not a current incentive
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12/11/2012 Item 16.D.15.
Review Synopsis: The committee considered the topic of proximity in Collier County
and found that the lack of major transportation hubs makes this issue of little
significance at this time. However, the committee concluded that consideration should
be given to providing affordable housing near transportation when possible.
Additionally, the committee concluded that Collier County currently encourages the use
of mixed -use developments and locating affordable housing near major employment
centers. Permitting greater density when locating affordable housing near major
employment centers should be encouraged.
Committee Recommendation: The committee recommends that during discussion on
density flexibility as discussed in section (c) of this report consideration be given to the
proximity of affordable housing to major employment centers, schools and public
transportation. The committee would also encourage the review of the density bonus
levels in the land development code.
Proposed Incentive: Committee does not propose an incentive for Proximity at this
time.
Board Action:
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Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
-- --------- ----- -----------------------------------------------------------
CC HOUSING,HUMAN &VETERAN SERV
WENDY KLOPF
3339 TAMIAMI E #211
NAPLES FL 34112-5361
REFERENCE: 055465 4500137331
59701989 PUBLIC NOTICENOTICE
State of Florida
Counties of Collier and Lee
Before the undersigned authority, person
appeared Lynn Schneider, says that she ser
the Order Entry Data Specialist, of the Na
Daily News, a daily newspaper published at
in Collier County, Florida: distributed in
and Lee counties of Florida; that the atta
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naple
News is a newspaper published at Naples, i
Collier County, Florida, and that the said
.newspaper has heretofore been continuously
day and has been entered as second class u
matter at the post office in Naples, in sa
Collier County, Florida, for a period of I
next preceding the first publication of th
attached copy of advertisement; and affiar
further says that he has neither paid nor
promised any person, firm or corporation a
discount, rebate, commission or refund fox
purpose of securing this advertisement fox
publication in the said newspaper.
PUBLISHED ON: 10/29
AD SPACE: 68 LINE
FILED ON: 10/29/12
----------------------------- - „ - - -- - - --
------------------------------- 7 ---------
Signature of Affiant
Sworn to and Subscribed bore
Personally known by me I ft
CAROL PANJRSrj
- MY COMMISSION # EE 45538
ro EXPIRES:
6.,Wd Th.'Plb.,d IPacket Page -3477-
- - - - -- - - - - - - --- - - - - - - - - - — —
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AHAC Statute and Rule
Statue
12/11/2012 Item 16.D.15.
420.9075 Adoption of affordable housing incentive strategies; committees. --
(1) Each county or eligible municipality participating in the State Housing Initiatives
Partnership Program, including a municipality receiving program funds through the county, or an
eligible municipality must, within 12 months after the original adoption of the local housing
assistance plan, amend the plan to include local housing incentive strategies as defined in s.
420.9071(16).
(2) The governing board of a county or municipality shall appoint the members of the affordable
housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a
county and municipality may create and jointly appoint an advisory committee to prepare a joint
plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the
resolution appointing the advisory committee members must provide for 11 committee members
and their terms. The committee must include:
(a) One citizen who is actively engaged in the residential home building industry in connection
with affordable housing.
(b) One citizen who is actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
(c) One citizen who is a representative of those areas of labor actively engaged in home building
in connection with affordable housing.
(d) One citizen who is actively engaged as an advocate for low- income persons in connection
with affordable housing.
(e) One citizen who is actively engaged as a for -profit provider of affordable housing.
(f) One citizen who is actively engaged as a not- for- profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional in connection with
affordable housing.
(h) One 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) One citizen who resides within the jurisdiction of the local governing body making the
appointments.
0) One citizen who represents employers within the jurisdiction.
Packet Page -3478-
12/11/2012 Item 16.D.15.
(k) One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
If a county or eligible municipality whether due to its small size, the presence of a conflict of
interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen
actively engaged in these activities in connection with affordable housing, a citizen engaged in
the activity without regard to affordable housing may be appointed. Local governments that
receive the minimum allocation under the State Housing Initiatives Partnership Program may
elect to appoint an affordable housing advisory committee with fewer than 11 representatives if
they are unable to find representatives who meet the criteria of paragraphs (a) -(k).
(3) All meetings of the advisory committee are public meetings, and all committee records are
public records. Staff, administrative, and facility support to the advisory committee shall be
provided by the appointing county or eligible municipality.
(4) Triennially, the advisory committee shall review the established policies and procedures,
ordinances, land development regulations, and adopted local government comprehensive plan of
the appointing local government and 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,
including recommendations to amend the local government comprehensive plan and
corresponding regulations, ordinances, and other policies. At a minimum, each advisory
committee shall submit a report to the local governing body that includes recommendations on,
and triennially thereafter evaluates the implementation of, affordable housing incentives in the
following areas:
(a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7)
and (8), for affordable housing projects is expedited to a greater degree than other projects.
(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.
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12/11/2012 Item 16.D.15.
(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.
The advisory committee recommendations may also include other affordable housing incentives
identified by the advisory committee. Local governments that receive the minimum allocation
under the State Housing Initiatives Partnership Program shall perform the initial review but may
elect to not perform the triennial review.
(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. Notice of the time, date, and place of the public
hearing of the advisory committee to adopt its evaluation and final local housing incentive
strategies recommendations must be published in a newspaper of general paid circulation in the
/"N county. The notice must contain a short and concise summary of the evaluation and local housing
incentives strategies recommendations to be considered by the advisory committee. The notice
must state the public place where a copy of the evaluation and tentative advisory committee
recommendations can be obtained by interested persons. The final report, evaluation, and
recommendations shall be submitted to the corporation.
(6) Within 90 days after the date of receipt of the evaluation and 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 amendment
must include, at a minimum, the local housing incentive strategies required under s.
420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-
(k) as recommended by the advisory committee.
(7) The governing board of the county or the eligible municipality shall notify the corporation
by certified mail of its adoption of an amendment of its local housing assistance plan to
incorporate local housing incentive strategies. The notice must include a. copy of the approved
amended plan.
(a) If the corporation fails to receive timely the approved amended local housing assistance plan
to incorporate local housing incentive strategies, a notice of termination of its share of the local
housing distribution shall be sent by certified mail by the corporation to the affected county or
eligible municipality. The notice of termination must specify a date of termination of the funding
if the affected county or eligible municipality has not adopted an amended local housing
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12/11/2012 Item 16.D.15.
assistance plan to incorporate local housing incentive strategies. If the county or the eligible
municipality has not adopted an amended local housing assistance plan to incorporate local
housing incentive strategies by the termination date specified in the notice of termination, the
local distribution share terminates; and any uncommitted local distribution funds held by the
affected county or eligible municipality in its local housing assistance trust fund shall be
transferred to the Local Government Housing Trust Fund to the credit of the corporation to
administer the local government housing program.
(b) If a county fails to timely adopt an amended local housing assistance plan to incorporate
local housing incentive strategies but an eligible municipality receiving a local housing
distribution pursuant to an interlocal agreement within the county does timely adopt an amended
local housing assistance plan to incorporate local housing incentive strategies, the corporation,
after receipt of a notice of termination, shall thereafter distribute directly to the participating
eligible municipality its share calculated in the manner provided in s. 420.9072.
(c) Any county or eligible municipality whose local distribution share has been terminated may
subsequently elect to receive directly its local distribution share by adopting an amended local
housing assistance plan to incorporate local housing incentive strategies in the manner and
according to the procedure provided in this section and by adopting an ordinance in the manner
required in s. 420.9072.
(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.
(9) 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.
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12/11/2012 Item 16.D.15.
RULE
67- 37.010 Local Affordable Housing Advisory Committees and Incentive Strategies.
(1) The affordable housing advisory committee, as established in Section 420.9076(3), F.S., must approve the
local affordable housing incentive strategy. recommendations at a public hearing by affirmative vote of a majority of
the membership of the advisory committee.
(2) The affordable housing advisory committee shall evaluate established policies, procedures, ordinances, land
development regulations, and the local government comprehensive plan submitted and report to the local
government governing board including recommended changes as established in Section 420.9076, F.S. The initial
report shall be submitted to the local government governing board by December 31, 2008. After this initial
submission, the reports are required to be submitted triennially on December 31 of the year preceding the
submission of the local housing assistance plan. For local governments required to submit a local housing assistance
plan on May 2, 2010, the report submitted by December 31, 2008 shall constitute the required report for December
31, 2009.
(3) The county or eligible municipality shall transmit to the Corporation an electronic copy of the report which
has been submitted to the local governing board for consideration by May 2 of the year following the report due
date.
(4) A county or eligible municipality which does not have an established affordable housing advisory
committee shall establish said committee and appoint all required members by June 30, 2008.
(5) Local governments that administer the SHIP program under an lnterlocai Agreement as established in Rule
67- 37.011, F.A.C., and have one LHAP may request approval from the Corporation to use the same affordable .
housing advisory committee. When one advisory committee is utilized for the local governments participating in an
lnterlocal Agreement, the advisory committee shall comply with all requirements for advisory committees as
established. in Section 420.9076, F.S., for each of the local governments in the'lnterlocal Agreement separately.
Rulemaking Authority 420.9072(9) F.S Law Implemented 420.907, 420.9076 FS History -New 2 -9 -94, 1 -6 -98; Formerly 91-
37.010, Amended 12- 26 -99, Repromulgated 9- 22 -03, Amended 2- 24 -08, 11- 22 -09.
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12/11/2012 Item 16.D.15.
November 5, 2012
MINUTES OF THE COLLIER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE
MEETING
Naples, Florida, November 5, 2012
LET IT BE REMEMBERED, the Collier County Affordable Housing
Advisory Committee, having conducted business herein, met on this date at
3:00 PM in REGULAR SESSION in Administrative Building "F," 3rd Floor,
of the Government Complex, Naples, Florida, with the following members
present:
CHAIRMAN: Stephen Hruby
Vice Chair: Christian Davis
Raymond Cabral
John Cowan
Patricia Fortune
Alan Hamisch
Clyde C. Quinby (Excused)
Vacancy
Vacancy
Vacancy
Vacancy
Vacancy (Alternate)
ALSO PRESENT: Kim Grant, Interim Director- Housing, Human & Veteran
Services
Kristi Sonntag, Manager Federal/State Grants
Priscilla Doria, Grants Coordinator
Barbetta Hutchinson, Staff Liaison
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12/11/2012 Item 16.D.15.
November 5, 2012
1. CALL TO ORDER — CHAIRMAN:
Chairman Hruby called the meeting to order at 3:07 PM and read the procedures to be
observed during the meeting.
2. ROLL CALL:
Roll call was taken and a quorum was established. Six voting members were present.
3. AGENDA AND MINUTES:
A. Approval of Agenda — November 5, 2012
Mr. Cowan moved to approve the Agenda as submitted Second by Mr. Davis. Motion
carried unanimously 6 -0.
B. AHAC Meeting Minutes — October 1, 2012
Mr. Cowan moved to approve the Minutes of the October 1, 2012 as presented Second
by Mr. Cabral Motion carried unanimously 4 -0. Mr. Davis and Ms. Fortune
abstained (Not in attendance at the October 1, 2012)
4. INFORMATIONAL ITEMS:
A. Recap of the Report to the Planning Commission
Mr. Hruby gave a slide presentation and reported going before the Planning
Commission on October 30, 2012. He stated Growth Management is reviewing all of the
Elements and Amendments to the Growth Management Plan. The Planning Commission
had issues on the proposed language and the proposed procedural changes for the
n Housing Element — Objective 1. The Planning Commission wanted a better
understanding of what the AHAC was doing and why the AHAC was proposing it prior
to submitting their recommendation to the BCC.
He reviewed the following:
• Housing Element —Objective 1
- Previous Objective based on static fixed metrics
- Proposed Objective was processed based
• Proposed Methodology
- Method for monitoring market trends and the impact on housing
affordability
- Method for determining extent of need
- Have tools necessary to solve the need
The same presentation will be made to the BCC on December 11, 2012.
5. PUBLIC COMMENT:
(None)
6. DISCUSSION ITEMS/PRESENTATIONS:
A. Fiscal Year 2011 -2012 HUD Consolidated Action Plan Evaluation Report (CAPER)
Margo Castorena - CAPER, HHVS gave a slide presentation on CAPER FY2011 -12.
• This is an end of year report to HUD outlining the performance and outcomes of
closed projects and the status of on -going activities.
• The Reporting period for this CAPER is October 1, 2011 through September 30,
i 2012.
• The HUD CAPER will be:
- Presented for BCC approval on December 11, 2012.
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12/11/2012 Item 16.D.15.
November 5, 2012
- Public comment period will be held October 29 through December 11,
2012.
- Copies of the CAPER have been distributed to all libraries and posted on
the HHVS website.
- Ads were placed in the Naples Daily News and in the Immokalee Bulletin
to inform the public of the comment period.
- Upon approval of the BCC; the CAPER must be received by HUD NLT
December 28, 2012.
Highlights of the 2011 -2012
- $2,806,710 of CDBG, HOME & ESG funds were added to the entitlement
allocation in the reporting period.
- $1,352,883.95 was expended on eligible activities during the reporting
period.
- Timeliness was not achieved due partially to 2- projects; the Eagle Lakes
Park and a sidewalk project that did not go forward.
- 100% of CDBG funds were used to assist low /moderated individuals
- Projects focused on community facilities, rental assistance and public
service projects.
- Affordable housing outcomes were lower than expected.
- La Placita is underway in Immokalee; funds for this project were re-
programmed from an East Naples Sidewalk Project.
- Legal services to 240 victims of domestic abuse were provided by the
Shelter.
- Goodwill finished the Roberts Center Renovation in Immokalee.
- The David Lawrence Center is closing out its' auxiliary power project.
Staff responded to the many questions asked.
Staff recommended the approval of the 2011 -2012 CAPER to the BCC submission to
HUD.
Discussion was made on the process of ranking and funded as the projects are ranked,
criteria and census tracks that are low /moderate and the reprogramming project process.
Mr. Cabral moved the AHAC recommend the approval of the 2011 -2012 CAPER be
submitted to the BCC for their approval and endorsement to HUD. Second by Mr.
Cowan. Motion carried unanimously 6 -0.
B. 2012 Incentive Review and Recommendations Report
Mr. Hruby stated the Subcommittee prepared the 2012 Local Housing Incentive Review
and Recommendation Report.
Mr. Hamisch stated the AHAC must submit a triennial report that includes
recommendations on and evaluates the implementation of incentives within 11 areas;
5- incentives are mandatory.
• Expedited Permitting
• Impact Fee Waivers or Modification
• Density Flexibility ^
• Reservation of Infrastructure
• Accessory Dwelling Units
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12/11/2012 Item 16.D.15.
November 5, 2012
• Parking and Setbacks
^
• Flexible Lot Configurations
• Street Requirements
• Oversight
• Land Bank Inventory
• Proximity
It was noted the minimum the County must implement Expedited Permitting and
Ongoing Review. Staff from the local planning departments worked in conjunction with
AHAC, HHVS, guest speaker - Brad Schiffer, AIA and guidance and technical assistance
from the Florida Housing Coalition during the preparation stages of the incentive plan.
He reported the Current Incentives as:
➢ Expedited Permitting
➢ Ongoing Review Process
➢ Increased Density for Affordable Housing
➢ Inventory of Locally Owned Public Lands suitable for Affordable Housing
➢ Impact Fee Deferral Program for Affordable Housing.
(Ordinance 2008 -97 — direction from the BCC on restricting the use of the
remaining funds for deferral of County Impact Fees for Affordable Housing.)
He recommended the AHAC approve the 2012 Local Housing Incentive Program and
Recommendations Report be presented to the BCC on December 11, 2012.
100—N The Committee formed a consensus to review and discuss the Incentives and
Recommendations individually. The following clarifications and additional
recommendations were made. Staff will do a final edit.
a. Expedited Permittinz
➢ Review S yn psis - Add a phrase or sentence to clarify what 5, 10, 15 days process
is.
➢ Committee Recommendation — Currently implemented move "Planning and
Zoning" paragraph under Review Synopsis.
➢ Proposed Incentive —Amended Procedural recommendations:
- Codify 5 -10 -15 are followed
- Affordable Housing is top priority
- 3rd Party Reviewers
b. Impact Fee Waivers and Modifications
➢ Committee Recommendation — Change to Such funds may be used for future
deferral impact fees for owner occupied dwelling units.
➢ Amended Incentive —No action at this time.
c. Density Flexibility
➢ Proposed Incentive —Change to Amended Incentive: No Change at this time
d. Reservation of Infrastructure
➢ Proposed Incentive — Change to Amended Incentive: No Change at this time
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12/11/2012 Item 16.D.15.
November 5, 2012
e. Accessory Dwelline Units
➢ Proposed Incentive — Change to Amended Incentive: No Change at this time
L Parking and Setbacks
➢ Proposed Incentive — Change to Reduction in parking and setback
requirements for Affordable Housing are considered as deviations in the
PUD approval process and variance in the conventional zoning process on a
case by case basis.
Public Speaker
Marjorie Student - Sterling
2. Flexible Lot Confieurations
➢ Proposed Incentive —Change to Reduction inflexible lot configurations
for Affordable Housing are considered as deviations in the PUD approval
process and variance in the conventional zoning process on a case by case
basis.
h. Street Requirements
➢ Proposed Incentive —Change to Reduction in street requirements for
Affordable Housing are considered as deviations in the PUD approval
process and variances in the conventional zoning process on a case by case
basis.
L Oversisht (Ongoing)
➢ Current Incentive and Proposed Incentive — Should be reversed.
➢ Proposed Incentive — Change to Amended Incentive to Collier County requires all
items which have the potential to increase the cost of housing to be prepared and
presented by County Staff, reviewed by DSAC and submitted to the BCC
with the amount of the increase or decrease mentioned in the executive
summary under fiscal impact. The Commissioners shall appoint an
Affordable Housing Advisory Committee member to the Development
Services Advisory Committee.
j. Land Bank Inventory
➢ Amended Incentive - Collier County will prepare an inventory of all real
property owned by Collier County that may be appropriate for use as an
affordable housing development annually.
k. Proximity
➢ Proposed Incentive —Change to Amended Incentive: No Change at this time
Mr. Hamisch moved to approve the Incentive Review and Recommendation Report as
amended (to be presented to the BCC on December 11, 2012 for approvab) Second by
Ms. Fortune. Motion carried unanimously 6 -0.
Staff will email the AHAC the Incentive Review and Recommendation Report with
revisions.
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12/11/2012 Item 16.D.15.
November 5, 2012
7. STAFF /COMMITTEE MEMBERS: GENERAL COMMENTS
Mr. Hruby asked the Staff for an update on filling the vacant positions on the AHAC.
It was noted the BCC Administration places public notices on vacant positions on a
monthly basis.
Staff is waiting on a response from the City of Naples to have Mr. Hruby serve as a County
representative on the City of Naples Planning Commission. This will open another vacancy.
Staff noted the BCC will appoint a Planning Commission representative to AHAC at the next
BCC meeting.
Mr. Cowan moved to adjourn at 4:37 PM. Second by Mr. CabraL Motion carried
unanimously 6 -0.
NEXT MEETING: December 3, 2012 — 3:00 PM
Location: BCC Chambers, 3 d Floor, Administrative Building "F"
(Members will be notified via email of a cancellation)
There being no further business for the good of the County, the meeting was
adjourned at 4:37 PM by order of the Chairman.
COLLIER COUNTY AFFORDABLE
HOUSING ADVISORY COMMITTEE
Stephen Hruby, Chairman
The foregoing Minutes were approved by the Board/Committee Chair on 12012,
"as submitted" OR "as amended"
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