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Agenda 12/13/2011 Item #16A24Proposed Agenda Changes Board of County Commissioners Meeting December 13, 2011 MOVE ITEM #16A24 TO ITEM #10M: RECOMMENDATION TO DIRECT THE COUNTY MANAGER, OR HIS DESIGNEE, TO SUSPEND THE COLLECTION OF AFFORDABLE HOUSING CONTRIBUTIONS, PENDING THE BOARD'S DECISION ON A LAND DEVELOPMENT CODE (LDC) AMENDMENT TO REMOVE AFFORDABLE HOUSING CONTRIBUTION COMMITMENTS (COMMISSIONER HILLER'S REQUEST) Continue Item 91( to the January 10,x,012 BCC MeelL= This item continued from the November 8, 2011 BCC Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more independent special districts. (Commissioner Henning's request) Move Item 16A4 to Item 10P: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arthrex Commerce Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. (Commissioner Hiller's request) Move Item 16A16 to Item 100: Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code Enforcement Board Case No. 2002 -008, relating to property located at 2990 Sunset Boulevard, Collier County, Florida. (Commissioner Hiller's request) Move Item 16A19 tq Item 1)L: This item requires that ex parte disclosure be provided by Commission members. Should a hearing beheld on this item, all participants are required to be sworn in. Recommendation for the Board of County Commissioners (Board) to accept a process to review past Staff Clarifications and Official Interpretations of the Land Development and Building Codes and to accept specific Staff Clarifications and Official Interpretations attached to this Executive Summary. (Official Interpretations are quasi - judicial.) (Commissioner Henning's request) Move Item 16A21 to Item 10N: Recommendation to approve the issuance of a building permit prior to the approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five thousand square -foot classroom and office addition to the existing Community School of Naples, not to exceed the same existing upper school building height of thirty two feet. (Commissioner Hiller's request) Continue Item 16A26 to the January 24, 2012 BCC Meeting: Recommendation to approve the third amendment to the cooperative agreement with the South Florida Water Management District, Agreement No. C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County, modifying the agreement terms and extending the term until September 30, 2024. (Staffs request to address concerns with property owners along affected canals that are subjects of the agreement.) Move Item 16132 to Item 13133: Recommendation to approve a Resolution certifying the statutory dedication and acceptance of portions of South First Street through South Ninth Street, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4, Township 47 South, Range 29 East, of the Public Records of Collier County, Florida, by virtue of the County's continuous and uninterrupted maintenance of the roadway in excess of seven years and authorize the filing of a Right -of -Way map being more specifically shown in Exhibit "A "(Fiscal Impact: $53.50). (Commissioner Hiller's request) Delete Item 16C13: Recommendation to approve an Agreement with Adam ). Piskadlo and Barbara K. Piskadlo for the purchase of property for the relocation of sub- master pumping station 300.06 at a cost not to exceed $78,000, Project Number 70046. (Staffs request due to reconsideration of sale by property owner) Continue, Indefinitely Item 16D12: Recommendation to approve and authorize the Chairman to sign the "Certification for Implementation of Regulatory Reform Activities Required by S.H.I.P" and reports for fiscal years 2006/07,2007/08, and 2008 /09 and authorize submission to Florida Housing Finance Corporation to ensure compliance with program requirements. (Staffs request. Allow additional time to collaborate with the Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.) Move Item 16G2 to Item 1$A3: Recommendation to approve and ratify Staffs authorization unauthorized approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order #4500116917) and make a finding of quantum merui in order to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at County Attorney's request) Move Item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs author-ozation unauthorized approval of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time extension and make a finding of quantum meruit in order to process invoices for Phase II environmental permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at County Attorney's request) Move Item 17A to item 8C. to approve a resolution allowing the Collier County Water -Sewer District to expand the water and wastewater service district boundaries to include portions of the development known as Hacienda Lakes, and surrounding areas, that are currently outside the existing boundaries. (Commissioner Hiller's request) Note: Items 13A3 aUd13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request) Item 16A6 requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. (County Attorney's request) Item 9M to be heard at 5:00 p.m. Item 9L to be heard at 5:15 p.m. Item 10B to be heard at 10 :45 a.m. Item 10H to be heard at 1 :00 p.m., followed by Items 10L,101 and 8A Item 11A to be heard at 4:30 p.m. Item 12A to be heard at 4:00 p.m. 12/14/2011 10:10 AM 12/13/2011 !tern 16.A.24. EXECUTIVE SUM11gARY Recommendation to direct the County Manager, or his designee, to suspend the collection of Affordable Housing Contributions, pending the Board's decision on a Land Development Code (LDC) Amendment to remove Affordable Housing Contribution commitments. OBJECTIVE: To obtain direction by the Board of County Commissioners (Board) regarding the collection of Affordable Housing Contributions. CONSIDE TIONS: On November 8, 2011, Mr. Rich Yovanovich, representing the owners of Sandalwood 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 reside" unit and/or $0.50 per commercial square-foot were commonly included as a condition of the Planned Unit Development (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. The current LDC provisions related to a minor change to a PUD require a $6,000 application fee and payment of the actual cost of the required legal advertising. Additionally, the applicant must hold a Neighborhood Information Meeting (NIM). The change must be heard by the Collier County Planning Commission (CCPC) and approved by the Board. A change to the LDC is being proposed in the current cycle that, if approved, will create a new process for insubstantial changes to PUDs, to allow minor text changes. Under the proposed requirements, an application fee of $1,500 would be required as well as advertised public notice and a certified mailing would be provided to affected properties within a specified distance. Based on the above information and Board discussion and direction provided during the November 8, 2011 petition, the following are the staff recommendations related to this issue. 1. Suspend collection of all Affordable Housing Contributions required in the Sandalwood PUD and all other similar requirements in other ordinances and agreements until such time as the process related to insubstantial amendments to PUDs is reviewed by the CCPC and Board as part of the LDC amendment cycle. The estimated time frame for this action is July 2012. 2. Notify Property Owners that their PUD or other controlling document may be amended in order to remove the Affordable Housing Contribution commitment. Provide explanation of current LDC requirements along with proposed changes to the LDC and timeframe fore hearing on the proposed changes. 3. Refund of previously collected Affordable Housing Contribution fimds. $591,581 in Affordable Housing Contributions has been collected to date, with none having been expended. Depending upon the Board's decision on the LDC amendment, the issue of refunding these previously paid contributions will then need to be addressed. Packet Page -1763- 12/13/2011 Item 16.A.24. FISCAL IMPACT: Potential Affordable Housing Contribution commitments total $8,039,812.50, with $591,581 collected to date. The funds are deposited into Fund 105 and have not been expended. The funds are currently restricted and may only be used for specified affordable housing purposes (Resolution 2007 -203). With respect to any required PUD amendments, the applicant is currently required to pay a $6,000 application fee, as well as the cost of legal advertising and is also required to hold a Neighborhood Information meeting. The proposed requirements reduce the cost of application as well as modifying the hearing and notice requirements. In any case, an applicant will be required to pay fees in accordance with the LDC requirements in effect at the time of application to modify the PUD. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The affordable housing commitments are contained both in PUDs and in Developer Agreements. My recollection of the process was that we tended to put these commitments into Developer Agreements when there were a number of issues that were best done by Agreement (such as impact fee credits), and in PUDs when there no other need for a Developer Agreement. Dealing with this issue in PUDs will require a public process, which staff is recommending be handled through an LDC amendment. Unlike amending a Developer Agreement, approving an LDC amendment requires super majority support. Should the Board approve the LDC amendment, we can then process this waiver for all in a consistent and fair manner. Accordingly, it is the recommendation of the County Attorney to put a moratorium on the collection of these fees, pending a determination of the proposed LDC amendment. The County Attorney is not opining at this time as to whether refunds can legally be made on previously paid affordable housing obligations. This item is legally sufficient for Board action, and requires majority support for approval. -JAK RECOMMENDATION: That the Board of County Commissioners directs that: 1) The collection of all Affordable Housing Contributions be suspended for the Sandalwood PUD and all other similar requirements in other ordinances and agreements until such time that the process related to insubstantial amendments to PUDs is reviewed by the Collier County Planning Commission and Board of County Commissioners as part of the Land Development Code amendment cycle; and 2) The County Attorney and the County Manager, or his designee, notify Property Owners that their PUD, or other controlling document, may be amended in order to remove the Affordable Housing Contribution commitment, and provide an explanation of the current Land Development Code requirements along with proposed changes to the Land Development Code and timeframe for hearings on the proposed changes. Prepared by: Nick Casalanguida, Deputy Administrator, Growth Management Division Attachments: 1. Affordable Housing Contribution Spreadsheet 2. Resolution 2007 -203 Packet Page -1764- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.24. 12/13/2011 Item 16.A.24. Item Summary: Recommendation to direct the County Manager, or his designee, to suspend the collection of Affordable Housing Contributions, pending the Board's decision on a Land Development Code (LDC) Amendment to remove Affordable Housing Contribution commitments. Meeting Date: 12/13/2011 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 12/1/2011 10:30:25 AM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 12/2/20119:47:20 AM Name: CasalanguidaNick Title: Deputy Administrator - GMD,Business Management & Budget Office Date: 12/2/2011 10:04:25 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 12/2/20114:42:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/5/20119:35:05 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 12/5/20114:04:12 PM Name: KlatzkowJeff Title: County Attorney, n Packet Page -1765- Date: 12/6/2011 11:30:56 AM Name: OchsLeo Title: County Manager Date: 12/6/2011 11:48:22 AM Packet Page -1766- 12/13/2011 Item 16.A.24. of �o 00 9G1 y. \� CD S pj G 7 9� 3 3 m J m m m 3 O N z. O J 12/13/2011 Item 16.A.24. 0 0 Z W C 0 Z CA 12/13/2011 Item 16.A.24. RESOLUTION NO. 2007--2-03 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 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. RECITALS WHEREAS, the Board of County Commissioners of Collier County, Florida (the "Board ") has determined that the public health, safety and general welfare requires the implementation of an affordable — workforce housing program for the following purposes: a. To implement the goals, objectives and policies of the Collier County Comprehensive Plan; b. 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; c. To assist in satisfying the community's obligation to ensure that a fair share of the community's housing production is affordable to Collier County families; d. To provide for a range of home ownership opportunities for those who work in Collier County and who provide the community with essential services but presently cannot afford to purchase a home within the community; and e. To provide an opportunity for developments which create additional affordable - workforce housing demands within Collier County to share in the responsibility to provide affordable- workforce housing. WHEREAS, the Board has directed staff to develop an inclusionary zoning ordinance and related affordable- workforce housing mitigation fee for Board consideration; and Packet Page -1768- 12/13/2011 Item 16.A.24. WHEREAS, from time to time, voluntary donations for affordable- workforce housing or as a credit against any affordable- workforce housing mitigation fee that might be adopted in the future are made directly to the County; and WHEREAS, the .Board finds that there is a valid public purpose for accepting such voluntary donations for affordable- workforce housing; and WHEREAS, the Board also finds that such voluntary donations for affordable- workforce housing should be maintained in a trust fund with the use of such monies limited to meeting affordable- workforce housing needs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows: SECTION ONE. PUBLIC PURPOSE. The Board hereby declares that a valid public purpose exists for accepting voluntary donations for affordable- workforce housing and that such donations should be deemed to be a credit against any affordable- workforce housing mitigation fee, including fees in lieu of any inclusionary zoning obligation, that may be adopted in the future. SECTION TWO. AFFORDABLE - WORKFORCE HOUSING TRUST FUND. There shall hereby be established an Affordable - Workforce Housing Trust Fund (sometimes referred to hereafter as the "Fund "). All voluntary donations made directly to the County for affordable- workforce 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 with 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 F? Packet Page -1769- 12/13/2011 Item 16.A.24. eligible uses as set forth in this Resolution and as approved by the Board and administered by the Housing and Human Services Department staff. SECTION THREE. USE OF AFFORDABLE - WORKFORCE HOUSING TRUST FUND MONIES. Collier County shall use the funds deposited within the Fund for the following purposes, including but not limited to the options set forth in numbered paragraphs 1 -8 in this Section. Annually, the staff of Housing and Human Services will solicit project proposals from local nonprofit organizations and "for profit" developers as well as individuals. Staff will review and score the projects based on established criteria. The staff recommendations for funding of specific options and projects will be presented annually to the Board of County Commissioners for approval. An annual application workshop will be conducted to provide technical assistance to applicants and address any issues or concerns. All projects will be secured by a contractual agreement developed in conjunction with the County Attorney Office. Each such Agreement shall be submitted to the Board for approval and, following approval, shall be signed by the Chairman. Applications for assistance for the individual homebuyer will be accepted and reviewed throughout the year by Housing and Human Services staff. Availability of funds and applicant income verification would determine approval. Options for use of Fund monies may include: 1. Down Payment Assistance — for units located in Collier County. Units must be primary residence and homesteaded. Residency will be verified annually. Available to households earning between 81 -150% of the Median Family Income as determined by the Department of Housing and Urban Development. The maximum 3 Packet Page -1770- 12/13/2011 Item 16.A.24. deferred loan amount is $50,000. All participants must attend a recognized homebuyer education program. This loan would not be forgivable. 2. Impact Fee Relief — for units being developed within Collier County who are serving households between 81 -150% of the Median Family Income as determined by the Department of Housing and Urban Development. Unit must be primary residence and homesteaded. Residency will be verified annually. This loan would not be forgivable. 3. Land Acquisition — For proposed rental and homeownership projects targeting households earning below 150% of the Median Family Income as determined by the Department of Housing and Urban Development. Deed and land use restrictions must be recorded. Construction and occupancy requirements will be based on the size of the project. Applicant must apply for the applicable incentives and provide documentation. This loan would not be forgivable. 4. Construction Loans — For proposed rental and homeownership projects n targeting households earning below 150% of the Median Family Income as determined by the Department of Housing and Urban Development. Applicants may be. non - profit organizations, for profit developers or individual first time homebuyers. 5. Community Land Trust — For acquiring land, existing homes and/or establishing land trust(s) with local non - profit organizations and/or developer partners or county government. Down payment assistance for buyers who purchase homes in the CLT. Targeting households below 150% of the median income. 6. Homebuyer Education and Counseling — For non - profit organizations interested in delivering on -going programs to help prepare first time home buyers of all income categories for homeownership. Annual contracts will be based on specific 4 Packet Page -1771- 12/13/2011 Item 16.A.24. deliverables including subject matter, diverse geographical coverage and availability of programs. 7. Disaster Recovery and Mitigation — Emergency specific disaster recovery initiatives will be presented to the Board to address housing needs for households below 150% of the Median Family Income based on the extent of the need. Assistance may include providing temporary housing for our most vulnerable populations after a disaster strikes, supplemental funding to organizations that house disaster victims and/or providing disaster mitigation funds to individual homeowner or organization projects. 8. A maximum of 10% of collections may be used to monitor, administer and oversee the Program. 9. As may be required by any stipulation or agreement with the donor provided the funds are used to meet affordable - workforce housing needs as determined by the Board. First preference in receiving assistance from the Fund for allowed options or uses shall be given to applicants who have not received assistance from other affordable- workforce housing programs administered by Housing and Human Services during the same budget year. SECTION FOUR. REPORTING RESPONSIBILITIES. A staff report on the receipt and uses of funds donated for affordable- workforce housing and deposited into the Fund will be presented to the Affordable Housing Commission on a quarterly basis and to this Board yearly. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. 5 Packet Page -1772- 12/13/2011 Item 16.A.24. This Resolution adopted after motion, second and majority vote, this 25`h day of July, 2007. ATTEST: DWIGHT E. BkOCK, CLERK I ki MJ K f . tw, AA ,w Approved as to form and legal sufficiency: Michael W. Pettit Chief Assistant County Attorney 06ips -00381/595 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: /4naio� JA S COLETTA, CHAIRMAN 6 Packet Page -1773-