Loading...
Resolution 2005-021 16 A12 RESOLUTION NO. 2005- 21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY ADMINISTRATIVE CODE TO ESTABLISH PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING; AND PROVIDING FOR CODIFICATION OF THIS POLICY AND PROCEDURES. RECITALS WHEREAS, the intent of Goal I of the Housing Element of the Collier County Growth Management Plan (GMP) is to ensure an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County, including low and moderate income persons, rural residents, and farmworkers; and WHEREAS, Objective I of the GMP's Housing Element states that the number of affordable housing units is to be increased to meet the housing needs of the County; and WHEREAS, in order to address the housing needs of low and moderate income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires guidelines be established that would provide for the expeditious processing of development orders and permits for affordable housing; and WHEREAS, in order to comply with Sec. 420.9701 (16), F.S., the Board of County Commissioners intends to adopt as its policy, specific procedures for expediting the review of development orders and permits for affordable housing projects to a greater degree than other reviews; and WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE, be it RESOLVED by the Board of County Commissioners of Collier County, Florida, that: Page I of? 16 A 12 I. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 2. The intent of the Board of County Commissioners is to apply these procedures to development order or permit applications that may have already been submitted to the County for review, including but not limited to the projects known as: Trail Ridge PUD, Independence Phase II PUD, Cirrus Pointe PUD, Faith Landing PUD, King Acres PUD, and Arrowhead PUD. 3. The Board of County Commissioners' affordable housing expedited review policy as set forth below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpose/Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as affordable housing so as to create more affordable housing and comply with section 420.9701 (16), F.S. The affordable housing expedited review process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for affordable housing expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for affordable housing expedited review the applicant for a proposed development order or permit must: I. specifically request affordable housing expedited review project status as part of an application for a county development order or permit, as defined in Sec. 163.3164 (7) and (8), F.S., including but not limited to; rezone petitions, including those for PUD districts; Site Development Plans; and Building Permits, including their corresponding environmental reviews, traffic reviews, and fire code reviews and; Page 2 of7 16 A12 2. be willing and able to record in the public records a proposed land use restriction, developer agreement, PUD restriction, impact fee assistance agreement, or other type of instrument against the property ensuring affordability of proposed residential dwelling units for a period of at least fifteen (15) years from date of those units being issued a Certificate of Occupancy. These recorded agreements must include, as applicable, terms that meet the following minimum requirements for development orders or permits proposing to: a. construct less than fifty (50) dwelling units, then at least twenty- five percent (25%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; b. construct fifty (50) or more, but less than two hundred (200) dwelling units, then at least twenty percent (20%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; or c. construct two hundred (200) or more dwelling units, then at least fifteen percent (15%) of the total number of proposed dwelling units in the development project must be committed to occupancy by income restricted households at or below 80% of the median annual household income in Collier County; and 3. include a certificate issued by the Financial Administration and Housing Department stating that the affordable housing project has qualified for affordable housing expedited review status. C. Affordable Housing Expedited Review Procedures. I. Affordable housing expedited review qualification meeting- Prior to an application for a development order or permit being submitted to Collier County Page 3 of? 16 A12 for affordable housing expedited review, the applicants or agents must attend a qualification meeting with the Financial Administration and Housing Department. To qualify the applicant or agent must demonstrate how the project will comply with B. 2 above. Those that demonstrate compliance will be issued a certificate of affordable housing expedited review by the Financial Administration and Housing Department (F AH). 2. Submittal of affordable housing expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including a certificate of affordable housing expedited review status review issued by F AH, must be submitted to the County for expedited review within six months from date of issuance of the certificate. Ifnot timely submitted, the applicant must apply to be re-qualified under I., above. 3. Affordable housing expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time-stamped by the Department of Zoning and Land Development Review, will receive an expedited sufficiency review as set forth below. a. To be considered "complete" an application submittal package must include the following: all items checked off on pre-application meeting notes (i.e.: correct fees, addressing checklist, and any additional information requested during the pre-application meeting). b. The Department of Zoning and Land Development Review will review the "complete package" and determine it to be "sufficient" or "insufficient" within three (3) working days ofreceipt of the application by the planner conducting the sufficiency review. c. An application package deemed "insufficient" will be placed on hold until the Department of Zoning and Land Development Review contacts the applicant and necessary items are received. Once the Page 4 of7 16 A12 Department of Zoning and Land Development Review receIves the necessary items, a second sufficiency determination will be made within three (3) working days from receipt of the additional information. d. Once an application package is deemed "sufficient" it will have all necessary data entered into the computer-tracking program noting the applicable affordable housing expedited review period: 150 days for Rezoning Petitions or 60 days for Plat or Site Development Plans. These review periods will include all the necessary public hearings however is predicated on the required quorum before the Environmental Advisory Counsel and the Collier County Planning Commission and scheduled meeting dates of the Board or County Commissioners. e. In addition, an affordable housing expedited review routing sheet will be completed, attached, and the application package distributed for staff review within three (3) working days from sufficiency determination. 4. Expedited review times for staff affordable housing expedited review projects. Review of any development order or permit with affordable housing expedited review status will be completed and the appropriate staff reports and approvals completed within 120-working days for rezoning requests or. 60- working days for platting or Site Development Plan requests from date of distribution for staff review. As may be appropriate, subsequent public hearings before the Environmental Advisory Counsel (EAC), Collier County Planning Commission (CCPC), and the Board of County Commissioners (BCC) will then be scheduled consistent with paragraph 5., below. To insure that expedited review applications move through the review process in a timely manner all re-submittals should be provided to the County within 20 working days from posting of final staff review comments on the computer tracking system. Regardless, the County's review timeframes will Page 5 of7 1 16 A12 not include any time when the application has been returned to the applicant for corrections based on staffs review comments. a. In order to meet the expedited review period: staff reviewers must complete their initial review of affordable housing expedited review applications within twenty (20) working days from receipt for rezone petitions and ten (10) working days from receipt for platting and Site Development Plans. Review comments will be forwarded via fax or email to the applicant within two (2) working days of their posting on the computer tracking system. b. Within three (3) working days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate revIewers. c. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. d. Once an application for a development order or permit has .been rejected five (5) times by county staff, the applicants or agents must attend a mandatory project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified affordable housing expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review/ pre-application meetings, and public hearings. Page 6 of7 16 A12 This Resolution adopted after motion, second, and majority vote favoring same. DATED: 1/1/ / J:'Y OS I f BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST; DWIGHT E. BROCK, CLERK tP-~ J~ Don n a F i a 1 a ,CHAIRMAN -.' ' ;<:~~.;;~ ~.D ( By: ;~' . 7f "ttt$t~W~~'U\lJ' . ". '. .,1gll'awe .lJe r. .: '\,\., .... ,- . ~9'!"''' '" form '"" illg.' ~1T~;,ocy ~.~,~~)(' Assistant County Attorney Item # \ [NT Let- Agenda I~~II l..-r-c Dale ~ Dale h '2-c--~ Rec'd ;.J ~ Page 7 of?