DSAC Agenda 09/05/2018 (LDC) DEVELOPMENT SERVICES ADVISORY COMMITTEE
AGENDA
September 5, 2018
3:00 p.m.
Conference Room 610
NOTICE:
Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman
adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to
address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be
recognized by the Chairman and speak into a microphone. State your name and affiliation before
commenting. During the discussion, Committee Members may direct questions to the speaker.
Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave
the room to conduct any personal business. All parties participating in the public meeting are to
observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time
and into the microphone so the Hearing Reporter can record all statements being made.
I. Call to Order—Chairman
II. Approval of Agenda
III. Approval of Minutes from August 1, 2018
IV. DSAC Position Vacancy Review &Vote
1. Christopher Dilworth Category: Attorney
V. Public Speakers
VI. Staff Announcements/Updates
A. Code Enforcement Division update—[Mike Ossorio]
B. Public Utilities Department update—[Eric Fey or designee]
C. Growth Management Department Transportation Engineering Division & Planning Division updates—[Jay
Ahmad or designee]
D. Collier County Fire Review update—[Shar Beddow or Shawn Hanson]
E. North Collier Fire Review update—[Todd Riggall or Dale Fey]
F. Operations & Regulatory Mgmt. Division update—[Ken Kovensky]
G. Development Review Division update—[Matt McLean]
VII. New Business
A. Affordable Housing LDC Amendment[Eric Johnson]
B. "Provide Regulatory Relief" element of the Community Housing Plan [Cormac Giblin]
C. Issuing paper permits upon approval [Jon Walsh]
D. Flood Damage Prevention Ordinance [Caroline Cilek]
VIII. Old Business
IX. Committee Member Comments
X. Adjourn
Next Meeting Dates:
October 3, 2018 GMD conference Room 610—3:00 pm
November 7, 2018 GMD conference Room 610—3:00 pm
December 5, 2018 GMD conference Room 610—3:00 pm
Page 1 of 1
Colter County
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20180002172 This amendment simplifies the definition of affordable housing and makes
the terminology and income levels consistent with the Florida Statutes and
ORIGIN federal guidelines. It also increases the maximum available affordable
Board of County housing density bonus from 8 units to 12 units.
Commissioners
LDC SECTIONS TO BE AMENDED
HEARING DATES 1.08.02 Definitions
BCC—TBD 2.06.01 Affordable Housing Density Bonus
CCPC—TBD
DSAC—09/05/18
DSAC-LDR—08/21/18
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
Approval with Changes TBD TBD
BACKGROUND:
The Board of County Commissioners (Board) held two affordable housing workshops, one in 2015 and
the other in 2016. These workshops served as the catalyst to form the Housing Stakeholders Group
(HSG). The HSG was tasked with creating a two-phase Community Housing Plan (CHP). The first
phase of the CHP consisted of the Urban Land Institute's(ULI)recommendations from their report titled
A ULI Advisory Services Panel Report Collier County, Florida, January 29-February 3, 2017. The ULI
report indicated that Collier County has an affordability problem, and it may become a crisis if
unaddressed. The Board unanimously accepted the CHP(Item#11.A)on October 25,2017 and directed
Staff to bring forward each suggestion in the report individually for discussions in workshops.
On February 27, 2018, the Board accepted elements of the CHP by voting in favor of the following:
1. Approve new affordable housing definitions in accordance with discussion at the meeting;
2. Accept the staff-recommended updates of the housing demand model and its methodology;
3. Adopt a resolution (i.e., 2018-38) to advocate support and authorize the county's lobbyists to
support current and future state and federal legislation;
4. Adopt a resolution (i.e., 2018-39) to consider housing that is affordable in future public land
acquisitions;
5. Accept the Affordable Housing Density Bonus Program (AHDB Program) to increase the
affordable housing density bonus from eight extra units per acre to up to 12 extra units per acre; and
6. Adopt a resolution (i.e., 2018-40) to amend the expedited permitting and fast track procedure.
This code amendment represents the end-product of#1 (definition) and #5 (AHDB Program) above.
Under the definition there are five income levels detailed, ranging up to 140 percent Median Income
(MI) for Collier County. These income categories include the following: extremely-low-income, very-
1
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Colter County
Growth Management Department
low-income, low-income, moderate-income, and gap-income. Costs used to determine affordability
include the anticipated monthly rent/mortgage payment,property tax,insurance, and required fees(such
as mandatory condominium or homeowner association fees and assessments).
There are four income levels used in the AHDB Program, including very-low-income, low-income,
moderate-income, and gap-income. For purposes of the AHDB Program, the extremely-low-income
category is grouped together with the very-low-income category, which staff anticipates is sufficient to
address the full spectrum of housing to be built. Even though the extremely-low-income category is not
used in the Program, it is important to retain this threshold of household income in the Definitions,
because this category is used in other County programs and reports. In accordance with F.S. 420.9075
(4)(e) and to avoid duplicative efforts, staff also is proposing a provision in LDC section 2.06.05 B.6,
which would allow staff to accept annual reports from the Florida Housing Finance Corporation to help
developers demonstrate compliance with tenant eligibility and qualification requirements of the AHDB
Program.
This amendment would change the minimum number of required affordable housing units per
development, from 10 units to 10 percent of the total housing units. This change is consistent with
current Community and Human Services policy.
DSAC-LDR Recommendations:
1. Reword a portion of the affordable housing definition, in part, by creating two separate sentences
from what was one longer sentence.
2. Modify Table A. Affordable Housing Density Bonus to include the table's title as the top row, re-
introduce a note under the table that was previously earmarked by staff for deletion, and renumber the
notes associated with the table.
3. Change the income verification provisions to allow the most recent year's filed income tax returns.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational There is a companion GMP amendment that
impacts associated with this amendment. proposes to revise terminology and increase the
affordable housing density bonus from 8 to 12
dwelling units per acre. That GMP amendment is
necessary so that this LDC amendment may be
found consistent with the GMP.
ATTACHMENTS: N/A
2
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Amend the LDC as follows:
1 1.08.02 Definitions
2
3
4
5 Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit
6 does not exceed 30 percent of that amount which represents the percentage of the median annual
7 gross income for the household. The calculation of such cost shall include the monthly rent or
8 monthly mortgage payment, property taxes, insurance, and other required fees.
9
10 Affordable housing specifically includes the following income level targets for Collier County,
11 based on the income categories as determined by the Secretary of the U.S. Department of
12 Housing and Urban Development:
13
14 a. Extremely-low-income: Households whose incomes do not exceed 30 percent of
15 the median income.
16
17 b. Very-low-income: Households whose incomes do not exceed 50 percent of the
18 median income.
19
20 c. Low-income: Households whose incomes are greater than 50 percent but do not
21 exceed 80 percent of the median income.
22
23 d. Moderate-income: Households whose incomes are greater than 80 percent but
24 do not exceed 120 percent of the median income.
25
26 e. Gap-income: Households whose incomes are greater than 120 percent but do not
27 exceed 140 percent of the median income.
28
29
30
31 Approved Affordable Housing: Affordable Housing that includes a long-term affordability
32 restriction wherein the cost of housing and income of the household are known and monitored,
33 for a specific period of time.
34
35 - -- • - -- - - e. e - . •. - -- - - - ••- - • • • _ - _ _ •
36 mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent
38 - ---- - - -- -- - • -- - -- - • - ---. -- ••-- - - - -- - - - - -- • ' -- -
•
39 - • = ' - - - --- • - • - - • -- ' -- -- - - -- -- - - - -
40 the following subsets:
4142 considered to be "very low income".
43
44 •- - - -- - - - -- - - - -- - - - -- - - -- •-, - - -
45 considered to be "low income".
46
3
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1 Owner occupied workforce housing: 61 percent 80 percent of median income, otherwise
2 considered to be "low income".
3
4 Owner occupied workforce housing: 81 percent 100 percent of median income,
5 e - -- - - - - "• -- - - -- --",
6
7 Owner occupied gap housing: 81 percent 150 percent of median income.
8
9 Rental workforce housing less than 50 percent of median income, otherwise considered
10 to be "very low income".
11
12 Rental workforce housing from 51 percent 60 percent of median income, otherwise
13 considered to be "low income".
14
15 The term affordable housing is specifically intended to include affordable workforce
16 housing.
17
18 Housing, gap: means residential dwelling units with a monthly rent or monthly mortgage payment,
19 - -- - - --- _ - . - - - - - e - - .- e - -' -- - - - - --
20 represents a range of median adjusted grow annual income (median income)for households as
21 published annually by the U.S. Department of Housing and Urban Development within the Naples
22 eee - — _ -- _-- _ _ .9 .� - -- - -- - - e '-e
23 subset:
24 The term "gap housing: 81 percent 150 percent of median income" is specifically
25 intended to include similar categories, such as "Essential Personnel Housing",
26 "Professional Housing", and "Reasonably Priced Housing". Gap housing is intended to
27 provide housing for households falling above the federal and state assistance guidelines,
28 but still unable to afford market priced homes.
29
30 # # # # # # # # # # # # #
31
32 2.06.00—AFFORDABLE HOUSING DENSITY BONUSES
33
34 2.06.01 —Generally
35
36 A. Within most of the coastal urban designated areas identified on the future land use map of
37 the Collier County Growth Management Plan (GMP),, a base density of four (4)
38 residential dwelling units per gross acre is permitted. However, the base density may
39 be adjusted depending on the characteristics of the development. One characteristic of
40 a housing development which would allow the addition of density bonuses in order to
41 increase the density over the base density is the provision of affordable housing in the
42 development. The provision of affordable housing units may add up to eight (8) 12
43 dwelling units per gross acre to the base density of four(4) residential dwelling units per
44 gross acre, e e - - - - - •--- - - - - • - e e . - -, plus any
45 other density bonuses available; and minus any density reduction for traffic congestion
46 ar a that is required, pursuant to the Collier County GMP. The total eligible density
47 must not exceed the maximum density allowed pursuant to the GMP a total of sixteen
4
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1 {16) dwelling units per gross acre, except as allowed through use of transfer of
2 development rights, as provided for in the growth management plan. The program to
3 accomplish this increase to provide affordable housing is called the affordable housing
4 density bonus (ADHB) program.
5
6 B. Within most of the Immokalee Urban area, as identified on the lmmokalee area master
7 plan future land use map of the growth management plan, base densities are four or
8 six or eight residential dwelling units per gross acre. However, the base density may
9 be adjusted depending on the characteristics of the development. One characteristic of
10 a housing development that would allow the addition of density bonuses is the provision
11 of affordable housing in the development. The provision of affordable housing units
12 may add up to 12 eight dwelling units per gross acre to the base density of four, six
13 or eight residential dwelling units per grow, acre, for a total of twelve, fourteen or
14 --• - --• - - •- - - - - -- -, plus any other density bonuses
15 available. The total eligible density must not exceed a total of 16 dwelling units per gross
16 acre.
17
18 C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as
19 identified on the future land use map of the growth management plan, towns, villages,
20 hamlets and compact rural developments are allowed at a density range of one-half to
21 four dwelling units per gross acre. The allowed density may be adjusted depending on
22 the characteristics of the development. One characteristic of a housing development
23 that would allow the addition of density bonuses is the provision of affordable housing
24 in the development. The provision of affordable housing units may add up to eight
25 dwelling units per gross acre to the allowed density of one-half to four dwelling units
26 per gross acre, for a total of eight and one-half to twelve and one-half residential
27 dwelling units per gross acre, plus any other density bonuses available.
28
29 D. In order to qualify for the AHDB for a development, the developer must apply for and
30 obtain the AHDB from the County for a development in accordance with this section,
31 especially in accordance with the provisions of the AHDB program, including the AHDB
32 rating system, the AHDB monitoring program, and the limitations on the AHDB.
33
34 1. Preapplication conference. Prior to submitting an application for AHDB, a
35 preapplication conference may be scheduled with the County Manager or his
36 designee. If the proposed dovelopmont is to include affordable housing, the
37 housing and urban improvement director, must participate in the
38 preapplication conference. The preapplication conference provides an
39 opportunity to familiarize the applicant with the AHDB program and provides an
40 opportunity for the county staff to obtain a clear understanding of the proposed
41 development. The AHDB rating system, the AHDB monitoring program, the
42 limitations, criteria, procedures, standard conditions, standard forms, and other
43 information will be discussed and made available to the applicant. Depending on
44 the type of development proposed, the application may be combined with an
45 application for a planned unit development (PUD), a rezone, or a Stewardship
46 Receiving Area.
47
48 2. Application. An application for AHDB for a development must be submitted to
49 the County Manager or his designee in the form established by the County
50 Manager or his designee. One additional copy of tho application as otherwise
5
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1 - - - - - - - - - • • • - - _ - - -
2 The application must, at a minimum, include:
3
4 a. Zoning districts proposed by the applicant on the property and acreage of
5 each;
6
7 b. The total number of residential dwelling units in the proposed
8 development, categorized by number of bedrooms and whether the unit
9 is to be rented or owner-occupied;
10
11 c. The total number of AHDB units requested, categorized by number of
12 bedrooms and whether the unit is to be rented or owner-occupied;
13
14 d. Total number of affordable housing units proposed in the development,
15 categorized by level of income, number of bedrooms (one bedroom, two
16 bedrooms, three bedrooms, or more), and rental units and owner-
17 occupied units:
18
19 i. Gap-income households.
20
21 ii. Moderate-income households {one bedroom, two bedrooms, or
22 three bedrooms or more.
23
24 iii. Low:income households e'• -•- -- •, - -•- -- • , - • --
25 bedrooms or more.
26
27 iv. Very_low-i n co m e households{one bedroom, two bedrooms, or
28 three bedrooms or more.
29
30 units {one bedroom, two bedrooms, or
31 three bedrooms or more).
32
33 e. Gross density of the proposed development;
34
35 f. Whether the AHDB is requested in conjunction with an application for
36 a planned unit development (PUD), an application for rezoning, an
37 application for a Stewardship Receiving Area, or a conditional use
38 application for a Commercial Mixed-Use project as provided for within
39 LDC section 4.02.38 of the LDC; and
40
41 g. Any other information which would reasonably be needed to address the
42 request for AHDB for the development pursuant to the requirements set
43 forth in this section.
44
45 3. Determination of completeness. After receipt of an application for AHDB, the
46 County Manger or designee e- - - - - -- - - ••••• - - - shall
47 determine whether the application submitted is complete. If it is determined he
48 determines that the application is not complete, the County Manager or designee
49 housing and urban improvement director shall notify the applicant in writing of
50 the deficiencies. The County Manager or designee housing and urban
51 improvement director shall take no further steps to process the application
6
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1 until the deficiencies have been remedied.
2
3 4. Review and recommendation by the County Manager or designee. After receipt
4 of a completed application for AHDB, the County Manager or designee must
5 review and evaluate the application in light of the AHDB rating system, the
6 AHDB monitoring program and the requirements of this section. The County
7 Manager or designee must coordinate with the Zoning Division development
8 servicco director or designee to schedule the AHDB application with the
9 companion application for rezoning, PUD, planned unit development or
10 stewardship receiving area, and must recommend to the planning commission
11 and the BCC to deny, grant, or grant with conditions, the AHDB application. The
12 recommendation of the County Manager or designee must include a report in
13 support of recommendation.
14
15 5. Review and recommendation by the planning commission. Upon receipt by the
16 planning commission of the application for AHDB and the written
17 recommendation and report of the County Manager or designee, the planning
18 commission must schedule and hold a properly advertised and duly noticed
19 public hearing on the application. If the application has been submitted in
20 conjunction with an application for a PUD, then the hearing must be consolidated
21 and made a part of the public hearing on the application for the PUD before
22 the planning commission, and the planning commission must consider the
23 application for AHDB in conjunction with the application for the PUD. If the
24 application has been submitted in conjunction with an application for a rezoning,
25 then the hearing must be consolidated and made a part of the public hearing on
26 the application for rezoning before the planning commission, and the planning
27 commission must consider the application for AHDB in conjunction with the
28 application for rezoning. If the application has been submitted in conjunction with
29 an application for a stewardship receiving area, then the hearing must be
30 consolidated and made a part of the public hearing on the application for
31 stewardship receiving area before the planning commission, and the planning
32 commission must consider the application for AHDB in conjunction with the
33 application for stewardship receiving area. After the close of the public
34 hearing, the planning commission must review and evaluate the application
35 in light of the requirements of this section and the requirements for a rezoning,
36 PUD rezoning, or stewardship receiving area, as applicable, and must
37 recommend to the BCC that the application be denied, granted or granted with
38 conditions.
39
40 6. Review and determination by Board of County Commissioners (BCC). Upon
41 receipt by the BCC of the application for AHDB and the written recommendation
42 and report of the County Manager or designee and recommendation of the
43 planning commission, the BCC must schedule and hold a properly advertised
44 and duly noticed public hearing on the application. If the application has been
45 submitted in conjunction with an application for a planned unit development
46 fPUD), then the hearing must be consolidated and made a part of the public
47 hearing on the application for the PUD) before the
48 BCC, and the BCC must consider the application for AHDB in conjunction with
49 the application for the planned unit development (PUD). If the application has
50 been submitted in conjunction with an application for a rezoning, then the
51 hearing must be consolidated and made a part of the public hearing on the
7
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1 application for rezoning before the BCC, and the BCC must consider the
2 application for AHDB in conjunction with the application for rezoning. If the
3 application has been submitted in conjunction with an application for a
4 stewardship receiving area, then the hearing must be consolidated and made
5 a part of the public hearing on the application for stewardship receiving area
6 before the BCC, and the BCC must consider the application for AHDB in
7 conjunction with the application for stewardship receiving area. After the close
8 of the public hearing, the BCC must review and evaluate the application in
9 light of the requirements of this section and the requirements for a rezoning,
10 and must deny, grant, or grant with conditions, the application in accordance
11 with the AHDB rating system and the AHDB monitoring program.
12
13 E. The procedures to request approval of a density bonus are described in Chapter 10 of
14 this LDC, along with requirements for the developer's agreement to ensure compliance.
15
16 2.06.02— Purpose and Intent
17
18 A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et
19 seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case
20 No. 89-1299 GM, by providing for moderate, low, and very_low:income housing through
21 the use of density bonuses which allow an increase in the number of residential dwelling
22 units per acre allowed on property proposed for development, thereby decreasing the
23 per unit cost of land and development.
24
25 B. This objective is accomplished by implementing an AHDB program which consists of an
26 AHDB rating system and an AHDB monitoring program. The purpose of the AHDB
27 rating system is to provide increased residential densities to developers who guarantee
28 that a portion of their housing development will be affordable by households of qap,
29 moderate, low, or very_low:income, thus expanding housing opportunities for q a p,
30 moderate, low, and very-low-income households throughout the county. The purpose
31 of the AHDB monitoring program is to provide assurance that the program is properly
32 implemented, monitored, and enforced, and that useful information on affordable
33 housing may be collected.
34
35 2.06.03—AHDB Rating System
36
37 A. The AHDB rating system shall be used to determine the amount of the AHDB which may
38 be granted for a development, based on household income level, type of affordable
39 housing units (owner-occupied or rental, single-family or multi-family), and percentage
40 of affordable housing units in the development. To use the AHDB rating system, Table
41 A below, shall be used. Table A shall be reviewed and updated, if necessary, on an
42 annual basis by the BCC or its designee.
43
44 • , -•e- - •- .e.- - - - -- •- _•0. _ .. - - -- - '0• e
45 median income, or 80% of median income) of the affordable housing unit(s)
46 - --- - - •_ - ' __ ._. , - - - - - - -- - - -- - - -
47 occupied or rental, single family or multi family, where applicable) to be
48 provided, as shown in Table A. An AHDB based on the household income
49 level is shown in Table A. Table A will indicate the maximum number of
50 residential dwelling units per gross acre that may be added to the base
51 density. These additional residential dwelling units per gro:c acre arc the
8
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1 maximum AHDB available to that development. Developments with
2 percentages of affordable housing units which fall in between the percentages
3 shown on Table A shall receive an AHDB equal to the lower of the 2 percentages
4 it lies between, plus 1/10 of a residential dwelling unit per grooms acre for each
5 additional percentage of affordable housing units in the development. For
6 example, a development which has 211 percent of its total residential dwelling
7 units as affordable housing units, at the 80 percent MI level will receive an AHDB
8 - - - - - - - - - - -- '
9
10 2. Where more than 1 type of affordable housing unit (based on level of income
11 Ar. ' - e - ' . - --- - - -- . .- • _ • I._ e -- -
12 be calculated separately. After the AHDB calculations for each type of
13 affordable housing unit have been completed, the AHDB for each type of unit
14 shall be added to those for the other type(s) to determine the maximum
15 AHDB available for the development. In no event shall the AHDB exceed eight
16 (8) dwelling units per gross acre.
17
18 Table A. Affordable-Workforce-Gap Housing Density Bonus
19 (Additional Available Dwelling Units Per Gross Acre)
20
21 Maximum Allowable Density Bonus by Percent of Development Designated as Affordable
22 l
23
Maximum Allowable Density Bonus by Percent of Development Designated as
(°Proodl3) Affordable Housing' 2
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Gap
(>120 -5140)4,5 1 2 3 4 5 6 7 8 n/a n/a
Moderate
(>80-5120)3 2 4 5 6 7 8 9 10 11 12
Low
(>50-580) 3 6 7 8 9 10 11 12 12 12
Very Low
(5550) n/a 8 9 10 11 12 12 12 12 12
24
Product2 Household 10% 20% 30% 49% 50% 60% 70% 80% 90% 100%
Income
(% median)
Gap 81150% 4 2 3 4 5 6
MI*** 6 6 6 i4a
Moderate 64-80%
Workforce 1V11- 2 3 5 8 8 8 8 6 8
Lew 5160% 3 4 6 8 8 8 8 8 8 8
Very Low 50% or less 4 5 7 8 8 8 8 8 8 8
MI
25
9
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1 1 Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing
2 Density Bonus. In no event shall the maximum gross density exceed that which is
3 allowed pursuant to the Growth Management Plan (GMP).
4
5 2 Developments with percentages of affordable housing units which fall in between the
6 percentages shown on Table A shall receive an AHDB equal to the lower of the two
7 percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for
8 each additional percentage of affordable housing units in the development.
9
10 3 Where more than one type of affordable housing unit (based on level of income
11 shown above) is proposed for a development, the AHDB for each type shall be
12 calculated separately. After the AHDB calculations for each type of affordable
13 housing unit have been completed, the AHDB for each type of unit shall be
14 added to those for the other type(s) to determine the maximum AHDB available
15 for the development. In no event shall the AHDB exceed 12 dwelling units per gross
16 acre.
17
18 4* Owner-occupied only
19
20 5** May only be used in conjunction with at least 20 40% at or below 120 80% MI
21
22 - . A . . . - ! - ' - __ - . . - -- - _ ' - - - -- - --- • - •
23 - -
24
25 B. The AHDB shall be available to a development only to the extent that it otherwise
26 complies and is consistent with the GMP and the land development regulations,
27 including the procedures, requirements, conditions, and criteria for"PUDs"and rezonings,
28 where applicable.
29
30 C. The minimum number of affordable housing units that shall be provided in a development
31 pursuant to this section shall be ten(10)percent of the total afteretable housing units.
32
33 D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to
34 the ratio of the number of bedrooms per residential unit for the entire development.
35
36 2.06.04 - Limitations on Affordable Housing Density Bonus
37
38 Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all
39 of the AHDB for a development:
40
41 A. Affordable housing density bonus development agreement required. The AHDB shall
42 be available to a development only when an AHDB development agreement has been
43 entered into by the developer/ applicant and the BCC, and such agreement has been
44 approved by the county attorney and the BCC pursuant to the public hearing process
45 established in this section prior to execution. Amendments to such agreement shall be
46 processed in the same manner as the original agreement. The AHDB development
47 agreement shall include, at a minimum, the following provisions:
48
49 1. Legal description of the land subject to the agreement and the names of its
50 legal and equitable owners.
51
10
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1 2. Total number of residential dwelling units in the development.
2
3 3. Minimum number of affordable housing units, categorized by level of household
4 income, type of unit (single-family or multifamily, owner-occupied or rental), and
5 number of bedrooms, required in the development.
6
7 4. Maximum number of AHDB dwelling units permitted in the development.
8
9 5. Gross residential density of the development.
10
11 6. Amount of monthly rent for rental units, or the price and conditions under which an
12 owner-occupied unit will be sold, for each type of affordable housing unit in
13 accordance with the definition for each type of affordable housing rental unit—qap,
14 {moderate, low, and very-low).
15
16 7. The foregoing notwithstanding, any rent charged for an affordable housing unit
17 rented to a low or very_low:income household family shall not exceed 90 percent
18
19 _ __ •-- . -- -- -- - - - - - - -- - _. - ; - -- - - - - - •-
20
21 similar devclopment. Comparable market rate means the rental amount charged
22 - - - - ' - - - - -- -- - - ' - -- ' -- -- -, - -
23 _ _ _ _ __ - , e -- -- - - -- - -- - - --- the amount published
24 by the Florida Housing Finance Corporation for Collier County adjusted by income
25 level, family size, and number of bedrooms, and updated annually.
26
27 8. No affordable housing unit in the development shall be rented to a tenant
28 whose household income has not been verified and certified in accordance with
29 this division as a moderate, low, or very_low-income household family. Such
30 verification and certification shall be the responsibility of the developer and
31 shall be submitted to the County Manager or his designee for approval. Tenant
32 income verification and certification shall be repeated annually to assure continued
33 eligibility.
34
35 9. No affordable housing unit that is to be sold, leased with option to purchase, or
36 otherwise conveyed in the development shall be sold, leased with option to
37 purchase, or otherwise conveyed to a buyer whose household income has not
38 been verified and certified in accordance with this section as a qap, moderate,
39 low, or very-low-income household family. Such verification and certification shall
40 be the responsibility of the developer and shall be submitted to the County
41 Manager oris designee for approval. It is the intent of this section to keep housing
42 affordable; therefore, any person who buys an affordable housing unit must agree,
43 in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier
44 County, Florida, that if he sells the property (including the land and/or the unit)
45 within 15 years after the his original purchase at a sales price in excess of five
46 percent per year of the la-is original purchase price that he will pay to the county an
47 amount equal to one-half of the sales price in excess of five percent increase per
48 year. The lien instrument may be subordinated to a qualifying first mortgage.
49
50 10. For example, a person originally buys a designated affordable housing unit (a
51 house) for $60,000.00 and sells it after five years for $80,000.00. A five percent
11
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1 increase per year for five years will give a value of $76,577.00. Deducting this
2 amount from the sales price of$80,000.00 gives a difference of$3,423.00. The
3 seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment
4 of this amount would release the first owner from the recorded lien against the
5 property. Such payment shall be maintained in a segregated fund, established
6 by the county solely for affordable housing purposes, and such money shall be
7 used solely to encourage, provide for, or promote affordable housing in Collier
8 County.
9
10 11. No affordable housing unit in any building or structure in the development shall
11 be occupied by the developer, any person related to or affiliated with the
12 developer, or a resident manager.
13
14 12. When the developer advertises, rents, sells or maintains the affordable housing
15 unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory
16 manner and make available any relevant information to any person who is
17 interested in renting or purchasing such affordable housing unit. The developer
18 shall agree to be responsible for payment of any real estate commissions and
19 fees. The affordable housing units in the development shall be identified on all
20 building plans submitted to the county and described in the application for
21 AHDB.
22
23 13. The developer shall not disclose to persons, other than the potential tenant,
24 buyer or lender of the particular affordable housing unit or units, which units in
25 the development are designated as affordable housing units.
26
27 14. The square footage, construction and design of the affordable housing units shall
28 be the same as market rate dwelling units in the development.
29
30 15. The AHDB agreement and authorized development shall be consistent with the
31 growth management plan and land development regulations of Collier County
32 that are in effect at the time of development. Subsequently adopted laws and
33 policies shall apply to the AHDB agreement and the development to the extent that
34 they are not in conflict with the number, type of affordable housing units and the
35 amount of AHDB approved for the development.
36
37 16. The affordable housing units shall be intermixed with, and not segregated
38 from, the market rate dwelling units in the development.
39
40 17. The conditions contained in the AHDB development agreement shall constitute
41 covenants, restrictions, and conditions which shall run with the land and shall be
42 binding upon the property and every person having any interest therein at any time
43 and from time to time.
44
45 18. The AHDB development agreement shall be recorded in the official records of
46 Collier County, Florida, subsequent to the recordation of the grant deed pursuant
47 to which the developer acquires fee simple title to the property.
48
49 19. Each affordable housing rental unit shall be restricted to remain and be maintained
50 as the type of affordable housing rental unit (moderate, low or very_low-
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1 income) designated in accordance with the AHDB development agreement for
2 at least 30 4-5 years from the issuance of a certificate of occupancy for such unit.
3
4 20. The developer and owner of a rental the development shall provide on-site
5 management to assure appropriate security, maintenance and appearance of the
6 development and the dwelling units where these issues are a factor.
7
8 B. Compliance with growth management plan and land development regulations. The AHDB
9 shall be available to a development only to the extent that it otherwise complies and is
10 consistent with the GMP and the land development regulations, including the procedures,
11 requirements, conditions and criteria for planned unit developments (PUDs) and
12 rezonings, where applicable.
13
14 C. Minimum number of affordable housing units. The minimum number of affordable
15 housing units that shall be provided in a development pursuant to this section shall be
16 te-h- 10 percent of the total affordable housing units.
17
18 D. Nontransferable. The AHDB is not transferrable between developments or properties.
19
20 E. Phasing. In the case where a development will occur in more than one phase, the
21 percentage of affordable housing units to which the developer has committed for the
22 total development shall be maintained in each phase and shall be constructed as
23 part of each phase of the development on the property. For example, if the total
24 development's AHDB is based on the provision of ten percent of the total dwelling units
25 as affordable housing rental units for low income households with two bedrooms per
26 unit, then each phase must maintain that same percentage (10% teh percent in this
27 case)cumulatively.
28
29 2.06.05 -Affordable Housing Density Bonus Monitoring Program
30
31 A. Annual progress and monitoring report. The AHDB for a development shall be subject to
32 the AHDB monitoring program set forth in this section. The developer shall provide the
33 County Manager or his designee with an annual progress and monitoring report regarding
34 the delivery of affordable housing rental/ownership units throughout the period of their
35 construction, rental, sale, and occupancy for each of the developer's developments which
36 involve the AHDB in a form developed by the County Manager or his designee. The
37 annual progress and monitoring report shall, at a minimum, require any information
38 reasonably helpful to ensure compliance with this section and provide information with
39 regard to affordable housing in Collier County. To the extent feasible, the County
40 Manager or his designee shall maintain public records of all dwelling units (AHDB and
41 affordable housing units) constructed pursuant to the AHDB program, all affordable
42 housing units constructed pursuant to the AHDB program, occupancy statistics of such
43 dwelling units, complaints of violations of this section which are alleged to have
44 occurred, the disposition of all such complaints, a list of those persons who have
45 participated as tenants or buyers in the AHDB program, and such other records and
46 information as the County Manager or his designee believes may be necessary or
47 desirable to monitor the success of the AHDB program and the degree of compliance
48 therewith. Failure to complete and submit the monitoring report to the County Manager
49 or his designee within 60 days from the due date will result in a penalty of up to $50.00
50 per day per incident or occurrence unless a written extension not to exceed 30 days is
51 requested prior to expiration of the 60-day submission deadline.
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1
2 B. Income verification and certification.
3
4 1. Eligibility. The determination of eligibility of gap, moderate, low, and very-low-
5 income households to rent or buy and occupy affordable housing units is the
6 central component of the AHDB monitoring program. Household income eligibility
7 is a three-step process:
8
9 fpl Submittal of an application by a buyer or tenant;
10
11 fill Verification of household income; and
12
13 ig) Execution of an income certification.
14
15 All three shall be accomplished prior to a buyer or tenant being qualified as an
16 eligible household to rent or purchase and occupy an affordable housing unit
17 pursuant to the AHDB program. No person shall occupy an affordable housing
18 unit provided under the AHDB program prior to being qualified at the appropriate
19 level of income (gap, moderate, low or very-low-income).
20
21 Eligibility. The determination of eligibility of moderate, low, and very low
22 income families to rent or buy and occupy affordable housing units is the central
23 -- -- - -_ • _ • - - - - -- - - __ •- - _ _ ' _ - --
24 step process: (1) submittal of an application by a buyer or tcnant; (2) verification
25 - - -- •-; - - - - '-- - - - -- •' - -- - _- -
26 - --- - - - - - - -- - - - - - -- - - - - - - - _.
27 - -- - - - . _ - - -- - ' •-- - - -- -- • - - _ - --
•
28 ' - - - - - - • - • - -- --- •- - - - - - - - • _ •
29 - -- - •• - - - - - - -- - - - - - ee - - - -- - • -- - -
30
31
32 2. The developer shall be responsible for accepting applications from buyers or
33 tenants, verifying income and obtaining the income certification for its development
34 which involves AHDB, and all forms and documentation must be provided to the
35 County Manager or his designee prior to qualification of the buyer or tenant as
36 a gap, moderate, low,.or very_low-income household family. The County Manager
37 or lais designee shall review all documentation provided, and may verify the
38 information provided from time to time. Prior to occupancy by a qualified buyer
39 or tenant, the developer shall provide to the County Manager or his designee, at
40 a minimum, the application for affordable housing qualification, including the
41 income verification form and the income certification form, and the purchase
42 contract, lease, or rental agreement for that qualified buyer or tenant. At a
43 minimum, the lease shall include the name, address and telephone number of
44 the head of household and all other occupants, a description of the unit to be rented,
45 the term of the lease, the rental amount, the use of the premises, and the rights
46 and obligations of the parties. Random inspections to verify occupancy in
47 accordance with this section may be conducted by the County Manager or hie
48 designee.
49
50 3. Application. A potential buyer or tenant shall apply to the developer, owner,
51 manager, or agent to qualify as a gap, moderate, low, or very-low_income
14
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1 household family for the purpose of renting; or owning and occupying an
2 affordable housing rental unit pursuant to the AHDB program. The application for
3 affordable housing qualification shall be in a form provided by the County Manager
4 or h+s designee and may be a part of the income certification form.
5
6 4. Income verification. The County Manager or hi.s designee or the developer shall
7 obtain written verification from the potential occupant (including the entire
8 household) to verify all regular sources of income to the potential tenant/owner
9 (including the entire household). The written verification form shall include, at a
10 minimum, the purpose of the verification, a statement to release information,
11 employer verification of gross annual income or rate of pay, number of hours
12 worked, frequency of pay, bonuses, tips and commissions and a signature block
13 with the date of application. The verification may take the form of the most recent
14 year's federal income tax return for the potential occupants (including the entire
15 household), a statement to release information, tenant verification of the return,
16 and a signature block with the date of application. The verification shall be valid
17 for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the
18 information may be verbally updated from the original sources for an additional
19 30 days, provided it has been documented by the person preparing the original
20 verification. After this time, a new verification form must be completed. The income
21 verification may take the form of the most recent year's filed income tax return for
22 each occupant who had filed and will occupy the affordable housing unit.
23
24 5. Income certification. Upon receipt of the application and verification of income,
25 an income certification form shall be executed by the potential buyer or tenant
26 (including the entire household) prior to sale or rental and occupancy of the
27 affordable housing unit by the owner or tenant. Income certification that the
28 potential occupant has a gap, moderate, low, or very-low-income household
29 income qualifies the potential occupant as an eligible household family to
30 buy or rent and occupy an affordable housing unit under the AHDB program. The
31 income certification shall be in a form provided by the County Manager or his
32 designee.
33
34 6. The Developer shall be deemed in compliance with the AHDB agreement if the
35 Developer has complied with the tenant eligibility and qualification requirements of
36 the Florida Housing Finance Corporation by providing Community and Human
37 Services a copy of the annual Florida Housing Finance Corporation compliance and
38 program reports.
39
40
41
42 2.06.06 -Violations and Enforcement
43
44 A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell
45 or occupy, an affordable housing rental unit provided under the AHDB program except
46 as specifically permitted by the terms of section 2.06.00, or to knowingly give false or
47 misleading information with respect to any information required or requested by the
48 County Manager or his designee or by other persons pursuant to the authority which is
49 delegated to them by section 2.06.00.
50
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1 B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00,
2 a notice of violation shall be issued and sent by the County Manager or his designee by
3 certified return receipt requested U.S. mail, or hand delivery to the person or developer
4 in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed
5 and dated by the County Manager or his designee or such other county personnel
6 as may be authorized by the BCC, shall specify the violation or violations, shall state
7 that said violation(s) shall be corrected within 10 ten days of the date of notice of
8 violation, and shall state that if said violation(s) is not corrected by the specified date that
9 civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by
10 the specified date in the notice of violation, the County Manager or lais designee shall
11 issue a citation which shall state the date and time of issuance, name and address
12 of the person in violation, date of the violation, section of these regulations, or
13 subsequent amendments thereto, violated, name of the County Manager or #+s
14 designee, and date and time when the violator shall appear before the code enforcement
15 board.
16
17 C. Criminal enforcement. Any person who violates any provision of this section shall, upon
18 conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment
19 in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions
20 of F.S. § 125.69. Such person also shall pay all costs, including reasonable
21 attorney's fees, including those incurred on appeal, involved in the case. Each day
22 such violation continues, and each violation, shall be considered a separate offense.
23
24 D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant
25 to section 2.06.06 C. above, Collier County and the County Manager or la-is designee
26 shall have full power to enforce the terms of this section and any AHDB development
27 agreements, rezoning conditions or stipulations, and planned unit development (PUD)
28 conditions and stipulations pursuant to this section and the rights, privileges and
29 conditions described herein, by action at law or equity. In the event that it is determined
30 that a violation has occurred and has not or will not be corrected within 60 days, the
31 certificate of occupancy for all AHDB units within the development shall be withdrawn and
32 the sanctions or penalties provided in the AHDB development agreement shall be
33 pursued to the fullest extent allowed by law.
34
35 # # # # # # # # # # # # #
16
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