Ordinance 2019-02 ORDINANCE NO. 19 — 02
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE LAND
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, TO MAKE CHANGES CONSISTENT WITH BOARD
DIRECTION, INCLUDING REVISING THE AFFORDABLE HOUSING
DEFINITION, UPDATING THE TERMINOLOGY AND INCOME LEVELS
ASSOCIATED WITH AFFORDABLE HOUSING CATEGORIES, AND
INCREASING THE MAXIMUM AFFORDABLE DENSITY BONUS FROM
8 TO 12 DWELLING UNITS PER ACRE, BY PROVIDING FOR: SECTION
ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING:
CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION
1.08.02 DEFINITIONS; CHAPTER TWO — ZONING DISTRICTS AND
USES, INCLUDING SECTION 2.06.01 GENERALLY, SECTION 2.06.02
PURPOSE AND INTENT, SECTION 2.06.03 AHDB RATING SYSTEM,
SECTION 2.06.04 LIMITATIONS ON AFFORDABLE HOUSING DENSITY
BONUS, SECTION 2.06.05 AFFORDABLE HOUSING DENSITY BONUS
MONITORING PROGRAM, AND SECTION 2.06.06 VIOLATIONS AND
ENFORCEMENT; SECTION FOUR, CONFLICT AND SEVERABILITY;
SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [LDCA-
PL20180002172]
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
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WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning agency,
did hold an advertised public hearing on November 1, 2018, and reviewed the proposed
amendments for consistency with the Comprehensive Plan and did recommend approval; and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold
an advertised public hearing on February 12, 2019, and did take action concerning these
amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required by
Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community
Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers
of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if fully
set forth.
SECTION TWO: FINDINGS OF FACT
The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan.
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2. After adoption of the Comprehensive Plan, the Act and in particular§ 163.3202(1).
F.S., mandates that Collier County adopt land development regulations that are consistent with
and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are not
consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended
so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the
use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive
plan pursuant to the requirements of§ 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental agencies
in regard to land covered by such comprehensive plan or element shall be consistent with such
comprehensive plan or element as adopted.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, and other aspects of development are compatible with, and further the objectives,
policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other
criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses, densities
or intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and
if it meets all other criteria enumerated by the local government.
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10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to overcome
present handicaps; and to deal effectively with future problems that may result from the use and
development of land within the total unincorporated area of Collier County and it is intended that
this Land Development Code preserve, promote, protect and improve the public health, safety,
comfort, good order, appearance, convenience and general welfare of Collier County; to prevent
the overcrowding of land and avoid the undue concentration of population; to facilitate the
adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational
facilities, housing and other requirements and services; to conserve, develop, utilize and protect
natural resources within the jurisdiction of Collier County; to protect human, environmental, social
and economic resources; and to maintain through orderly growth and development, the character
and stability of present and future land uses and development in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
* * * * * * * * * * * * *
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Affordable Housing: Housing is deemed affordable when the cost of a residential dwelling unit
does not exceed 30 percent of that amount which represents the percentage of the median annual
gross income for the household, for those households within the affordable housing income
range. The calculation of such cost shall include the monthly rent and utilities (for rental units) or
monthly mortgage payment, property taxes, special assessments, insurance, and other required
condominium or homeowner association fees and assessments (for owner-occupied units).
Affordable housing specifically includes the following income level targets for Collier County,
based on the income categories as determined by the Secretary of the U.S. Department of
Housing and Urban Development:
a. Very-low-income: Households whose incomes do not exceed 50 percent of the
median income.
b. Low-income: Households whose incomes are greater than 50 percent but do not
exceed 80 percent of the median income.
c. Moderate-income: Households whose incomes are greater than 80 percent but
do not exceed 120 percent of the median income.
d. Gap-income: Households whose incomes are greater than 120 percent but do not
exceed 140 percent of the median income.
* * * * * * * * * * * * *
Approved Affordable Housing: Affordable Housing that includes a long-term affordability
restriction wherein the cost of housing and income of the household are known and monitored,
for a specific period of time.
* * * * * * * * * * * * *
of an amount which represents a range of median adjusted gross annual income (median income)
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within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), specifically including
the following subsets:
considered to be "very low income".
considered to be "low income".
considered to be "low income".
otherwise considered to be "moderate income".
Owner occupied gap housing: 81 percent 150 percent of median income.
to be "very low income".
considered to be "low income".
The term affordable housing is specifically intended to include affordable workforce
housing.
' --- - - - -- ' '.,_ ' --- _• .!-.9 e--• -- . .e.•e •" e e.. .-
subset:subset:
intended to include similar categories, such as "Essential Personnel Housing",
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•
"1" - *e-- —e- ••e", - "1"-- - -e - —e- ••e". -e- -
X X X X X * X * X K X X X
SUBSECTION 3.B. AMENDMENTS TO SECTION 2.06.01 GENERALLY
Section 2.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.06.01 Generally
A. Within most of the coastal urban designated areas identified on the future land use map of
the Collier County GMP, a base density of four {4) residential dwelling units per gross
acre is permitted. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development which
would allow the addition of density bonuses in order to increase the density over the
base density is the provision of affordable housing in the development. The provision of
affordable housing units may add up to eight-(8) 12 dwelling units per gross acre to the
base density of fou' {1) residential dwelling units per gross acre, for a total of twelve (12)
residential dwelling units per gro-s acre, plus any other density bonuses available; and
minus any density reduction for traffic congestion area that is required, pursuant to the
Collier County GMP. The total eligible density must not exceed the maximum density
allowed pursuant to the GMP . - - e • --- - - • - - - - e -- - --e
management plan. The program to accomplish this increase to provide affordable housing
is called the affordable housing density bonus (ADHB) program.
B. Within most of the Immokalee Urban area, as identified on the lmmokalee area master
plan future land use map of the growth management plan, base densities are four or
six or eight residential dwelling units per gross acre. However, the base density may
be adjusted depending on the characteristics of the development. One characteristic of
a housing development that would allow the addition of density bonuses is the provision
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of affordable housing in the development. The provision of affordable housing units
may add up to 12 eight dwelling units per gross acre to the base density of four, six
or eight residential dwelling units per gross acre, for a total of twelve, fourteen or
sixteen residential dwelling units per gross acre, plus any other density bonuses
available. The total eligible density must not exceed the maximum allowed pursuant to the
GMP o total of 16 dwelling units per gross acre.
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as
identified on the future land use map of the growth management plan, towns, villages,
hamlets and compact rural developments are allowed at a density range of one-half to
four dwelling units per gross acre. The allowed density may be adjusted depending on
the characteristics of the development. One characteristic of a housing development
that would allow the addition of density bonuses is the provision of affordable housing
in the development. The provision of affordable housing units may add up to eight
dwelling units per gross acre to the allowed density of one-half to four dwelling units
per gross acre, for a total of eight and one-half to twelve and one-half residential
dwelling units per gross acre, plus any other density bonuses available.
D. In order to qualify for the AHDB for a development, the developer must apply for and
obtain the AHDB from the County for a development in accordance with this section,
especially in accordance with the provisions of the AHDB program, including the AHDB
rating system, the AHDB monitoring program, and the limitations on the AHDB.
1. Preapplication conference. Prior to submitting an application for AHDB, a
preapplication conference may be scheduled with the County Manager or h+1
designee. -- - --- -- . - __ •-- - - - - - -- --
housing and urban improvement director, must participate in the
-__ _- _ __ - - _-. The preapplication conference provides an
opportunity to familiarize the applicant with the AHDB program and provides an
opportunity for the county staff to obtain a clear understanding of the proposed
development. The AHDB rating system, the AHDB monitoring program, the
limitations, criteria, procedures, standard conditions, standard forms, and other
information will be discussed and made available to the applicant. Depending on
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the type of development proposed, the application may be combined with an
application for a planned unit development (PUD), a rezone, or a Stewardship
Receiving Area.
2. Application. An application for AHDB for a development must be submitted to
the County Manager or his designee in the form established by the County
Manager or his designee. One additional copy of the application as otherwise
The application must, at a minimum, include:
a. Zoning districts proposed by the applicant on the property and acreage of
each;
b. The total number of residential dwelling units in the proposed
development, categorized by number of bedrooms and whether the unit
is to be rented or owner-occupied;
c. The total number of AHDB units requested, categorized by number of
bedrooms and whether the unit is to be rented or owner-occupied;
d. Total number of affordable housing units proposed in the development,
categorized by level of income, number of bedrooms (one bedroom, two
bedrooms, three bedrooms, or more), and rental units and owner-
occupied units:
Gap-income Moderate income households {one bedroom, two
ii. Moderate-income Low incomc households {one bedroom, two
bedrooms, or three bedrooms or more).
iii. Low-income Very low income households {one bedroom, two
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iv. Very-low-income housing units {one bedroom,
two bedrooms, or three bedrooms or more).
e. Gross density of the proposed development;
f. Whether the AHDB is requested in conjunction with an application for
a planned unit development (PUD), an application for rezoning, SRA ars
application for a Stewardship Rcceiving Arga, or a conditional use
application for a Commercial Mixed-Use project as provided for within
LDC section 4.02.38 of the LDC; and
g. Any other information which would reasonably be needed to address the
request for AHDB for the development pursuant to the requirements set
forth in this section.
3. Determination of completeness. After receipt of an application for AHDB, the
County Manager or designee --- - e .--= = -- e shall
determine whether the application submitted is complete. If it is determined he
determines that the application is not complete, the County Manager or designee
heti-sing and urban improvement director shall notify the applicant in writing of
the deficiencies. The County Manager or designee
improvement director shall take no further steps to process the application
until the deficiencies have been remedied.
4. Review and recommendation by the County Manager or designee. After receipt
of a completed application for AHDB, the County Manager or designee must
review and evaluate the application in light of the AHDB rating system, the
AHDB monitoring program and the requirements of this section. The County
Manager or designee must coordinate with the Zoning Division development
services director or designee to schedule the AHDB application with the
companion application for a PUD, rezoning, SRA, or conditional use
planned unit development : - - '.e --- - - --, and must recommend
to the planning commission and the BCC to deny, grant, or grant with conditions,
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the AHDB application. The recommendation of the County Manager or designee
must include a report in support of recommendation.
5. Review and recommendation by the planning commission. Upon receipt by the
planning commission of the application for AHDB and the written
recommendation and report of the County Manager or designee, the planning
commission must schedule and hold a properly advertised and duly noticed
public hearing on the application. If the application has been submitted in
conjunction with an application for a PUD, rezoning, SRA, or conditional use,
then the hearing must be consolidated and made a part of the public hearing
on the respective application for the PUD before the planning commission_
, and the The planning commission must consider the application for AHDB in
conjunction with the application for the PUD, rezoning, SRA, or conditional use.
with the application for rezoning. If the application has been submitted in
conjunction with an application for a stewardship receiving area, then the hearing
must be consolidated and made a part of the public hearing on the application
with the application for stewardship receiving area. After the close of the
public hearing, the planning commission must review and evaluate the
application in light of the requirements of this section and the requirements for
a rezoning, PUD, rezoning, or SRA stewardship receiving arca, or conditional
use, as applicable, and must recommend to the BCC that the application be
denied, granted or granted with conditions.
6. Review and determination by Board of County Commissioners. Upon receipt by
the BCC of the application for AHDB and the written recommendation and
report of the County Manager or designee and recommendation of the planning
commission, the BCC must schedule and hold a properly advertised and duly
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noticed public hearing on the application. If the application has been submitted
in conjunction with an application for a planned unit development (PUD),
rezoning, SRA, or conditional use, then the hearing must be consolidated and
made a part of the public hearing on the respective application for the planned
unit development (PUD) before the BCC, and the BCC must consider the
application for AHDB in conjunction with the application for the planned unit
development (PUD), rezoning, SRA, or conditional use. -- --- •
-- •-• -
--- -- - e ' — '_ ' -- - - - • - _- -- - - - e••-e,
has been submitted in conjunction with an application for a
before the BCC, and the BCC must consider the application for AHDB in
conjunction with the application for stewardship receiving area. After the close
of the public hearing, the BCC must review and evaluate the application in
light of the requirements of this section and the requirements for a PUD,
rezoning, SRA, or conditional use, and must deny, grant, or grant with
conditions, the application in accordance with the AHDB rating system and the
AHDB monitoring program.
E. The procedures to request approval of a density bonus are described in Chapter 10 of
this LDC, along with requirements for the developer's agreement to ensure compliance.
X X X K * X X * * X * X X
SUBSECTION 3.C. AMENDMENTS TO SECTION 2.06.02 PURPOSE AND INTENT
Section 2.06.02 Purpose and Intent, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.06.02 Purpose and Intent
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A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161
et seq. F.S, Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH
Case No. 89-1299 GM, by providing for moderate:, low_, and very_low:income housing
through the use of density bonuses which allow an increase in the number of residential
dwelling units per acre allowed on property proposed for development, thereby
decreasing the per unit cost of land and development.
B. This objective is accomplished by implementing an AHDB program which consists of an
AHDB rating system and an AHDB monitoring program. The purpose of the AHDB
rating system is to provide increased residential densities to developers who guarantee
that a portion of their housing development will be affordable by households of gap-,
moderate:, low-, or very_low_income, thus expanding housing opportunities for qap-,
moderate:, low-, and very_low_income households throughout the county. The purpose
of the AHDB monitoring program is to provide assurance that the program is properly
implemented, monitored, and enforced, and that useful information on affordable
housing may be collected.
* * * * * * * * * * * * *
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SUBSECTION 3.D. AMENDMENTS TO SECTION 2.06.03 AHDB RATING SYSTEM
Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
2.06.03 AHDB Rating System
A. The AHDB rating system shall be used to determine the amount of the AHDB which may
be granted for a development, based on household income level, type of affordable
housing units (owner-occupied or rental, single-family or multi-family), and percentage
of affordable housing units in the development. To use the AHDB rating system, Table
A below, shall be used. Table A shall be reviewed and updated, if necessary, on an
annual basis by the BCC or its designee.
••-e•-• -- - :e°. _ ..-- - -- - - e --- - -- • -
occupied or rental, single family or -- • -••• •, - - -:e -- - " - --
. _ A. A . • - . -- -e - '" •e- --e - -- •-
level is shown in Table A. Table A will indicate the maximum number of
density. These additional residential dwelling units per acre arc the
- - - - - ' - _,,_ . _ _. A _ !! _:__ e -- e . - e -- e- --- -e-
it lies between, plus 1/10 of a residential dwelling unit per gross acre for each
units as affordable housing units, at the 80 percent MI level will receive an AHDB
•
- .e. - ' - e e e -e e - -- . - .. . A _ e. "-- . -" - c-
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•e- - - - - _--- -e--e _ "-r • • _ • e -- e- e - - -
per grors acre.
Table A. Affordable Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated
as Affordable Workforce Gap Housing
Household
Product Income 10% 20% ` 30% 49% 50% 60% 70% 80% 90% °
{%median)
83— ' ro
Gap MI* ** 1 8 4 8 6 6 6 6 0743
61-80%
Workforce Ml* 2 8 8 8 8 8 8 8 8 8
J51_60%
t 8 4 6 8 8 8 8 8 8 8
50%or less
Very-Lew 4 8 8 8 8 8 8444
8 8
i
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Maximum Allowable Density Bonus by Percent of Development Designated
as Affordable Housing',z,3
Product
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(% of MI)
Gap 1 2 3 4 5 6 7 8 n/a n/a
(>120 - 5140)4,5
Moderate 2 4 5 6 7 8 9 10 11 12
(>80 - 5120)4
Low 3 6 7 8 9 10 11 12 12 12
(>50 - 580)
Very-Low 7 8 9 10 11 12 12 12 12 12
(5_50) — — —
1 Total Allowable Density = Base Density + Affordable Housing Density
Bonus. In no event shall the maximum gross density exceed that which is
allowed pursuant to the GMP.
2 Developments with percentages of affordable housing units which fall in
between the percentages shown on Table A shall receive an AHDB equal
to the lower of the two percentages it lies between, plus 1/10 of a residential
dwelling unit per gross acre for each additional percentage of affordable
housing units in the development.
Where more than one type of affordable housing unit (based on level of
income shown above) is proposed for a development, the AHDB for each
type shall be calculated separately. After the AHDB calculations for each
type of affordable housing unit have been completed, the AHDB for
each type of unit shall be added to those for the other type(s) to
determine the maximum AHDB available for the development. In no
event shall the AHDB exceed 12 dwelling units per gross acre.
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4-k Owner-occupied only
5 " May only be used in conjunction with at least 20 1-0% at or below 120 80%
MI
- • - - ' ''- ' — _- ' •'- ' - -- .A - _- - —e-
Density Bonus. In no event shall the maximum gross density allowed exceed
16 units per acre.
B. The AHDB shall be available to a development only to the extent that it otherwise
complies and is consistent with the GMP and the land development regulations,
including the procedures, requirements, conditions, and criteria for"PUDs"and rezonings,
where applicable.
C. The minimum number of affordable housing units that shall be provided in a development
pursuant to this section shall be ten-(10)percent of the total affordable housing units.
D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to
the ratio of the number of bedrooms per residential unit for the entire development.
SUBSECTION 3.E. AMENDMENTS TO SECTION 2.06.04 LIMITATIONS ON AFFORDABLE
HOUSING DENSITY BONUS
Section 2.06.04 Limitations on Affordable Housing Density Bonus, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
2.06.04 Limitations on Affordable Housing Density Bonus
Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all
of the AHDB for a development:
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A. Affordable housing density bonus development agreement required. The AHDB shall
be available to a development only when an AHDB development agreement has been
entered into by the developer/ applicant and the BCC, and such agreement has been
approved by the county attorney and the BCC pursuant to the public hearing process
established in this section prior to execution. Amendments to such agreement shall be
processed as a regular agenda item before the BCC unless there is a companion land
use petition in the same manner as the original agreement. The AHDB development
agreement shall include, at a minimum, the following provisions:
1. Legal description of the land subject to the agreement and the names of its
legal and equitable owners.
2. Total number of residential dwelling units in the development.
3. Minimum number of affordable housing units, categorized by level of household
income, type of unit (single-family or multifamily, owner-occupied or rental), and
number of bedrooms, required in the development.
4. Maximum number of AHDB dwelling units permitted in the development.
5. Gross residential density of the development.
6. Amount of monthly rent for rental units, or the price and conditions under which an
owner-occupied unit will be sold, for each type of affordable housing unit in
accordance with the definition for each type of affordable housing rental unit=
(moderate, low:T and very_low-income).
7. The foregoing notwithstanding, any rent charged for an affordable housing unit
rented to a low: or very:low:income household family shall not exceed 90 percent
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for the last market rate dwelling unit of comparable square footage, amenities, and
number of bedrooms, to be rented in the same development the amount published
by the Florida Housing Finance Corporation for Collier County adjusted by income
level, family size, and number of bedrooms, and updated annually.
8. No affordable housing unit in the development shall be rented to a tenant
whose household income has not been verified and certified in accordance with
this division as a moderate, low-. or very_low:income household family. Such
verification and certification shall be the responsibility of the developer and
shall be submitted to the County Manager or his designee for approval. Tenant
income verification and certification shall be repeated annually to assure continued
eligibility.
9. No affordable housing unit that is to be sold, leased with option to purchase, or
otherwise conveyed in the development shall be sold, leased with option to
purchase, or otherwise conveyed to a buyer whose household income has not
been verified and certified in accordance with this section as a gap-, moderate:,
low:, or very:low:income household fan4l-y. Such verification and certification shall
be the responsibility of the developer and shall be submitted to the County
Manager or his designee for approval. It is the intent of this section to keep housing
affordable; therefore, any person who buys an affordable housing unit must agree,
in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier
County, Florida, that if he sellG the property is sold (to a non-income qualified
buyer, including the land and/or the unit) within 15 30 years after the N, original
purchase at a sales price in excess of five percent per year of the his original
purchase price that he will pay to the county an amount equal to one-half of the
sales price in excess of five percent increase per year. The lien instrument may
be subordinated to a qualifying first mortgage.
10. For example, a person originally buys a designated affordable housing unit (a
house) for $60,000.00 and sells it after five years for $80,000.00. A five percent
increase per year for five years will give a value of $76,577.00. Deducting this
amount from the sales price of$80,000.00 gives a difference of $3,423.00. The
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seller would then owe the county $1,711.50 (one-half of $3,423.00). Payment
of this amount would release the recorded lien first owner from the recorded
lien against the property. Such payment shall be maintained in a segregated
fund, established by the county solely for affordable housing purposes, and such
money shall be used solely to encourage, provide for, or promote affordable
housing in Collier County.
11. No affordable housing unit in any building or structure in the development shall
be occupied by the developer, any person related to or affiliated with the
developer, or a resident manager.
12. When the developer advertises, rents, sells or maintains the affordable housing
unit, it must advertise, rent, sell, and maintain the same in a nondiscriminatory
manner and make available any relevant information to any person who is
interested in renting or purchasing such affordable housing unit. The developer
shall agree to be responsible for payment of any real estate commissions and
fees. The affordable housing units in the development shall be identified on all
building plans submitted to the county and described in the application for
AHDB.
13. The developer shall not disclose to persons, other than the potential tenant,
buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
14. The square footage, construction and design of the affordable housing units shall
be the same as market rate dwelling units in the development.
15. The AHDB agreement and authorized development shall be consistent with the
growth management plan and land development regulations of Collier County
that are in effect at the time of development. Subsequently adopted laws and
policies shall apply to the AHDB agreement and the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of AHDB approved for the development.
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16. The affordable housing units shall be intermixed with, and not segregated
from, the market rate dwelling units in the development.
17. The conditions contained in the AHDB development agreement shall constitute
covenants, restrictions, and conditions which shall run with the land and shall be
binding upon the property and every person having any interest therein at any time
and from time to time.
18. The AHDB development agreement shall be recorded in the official records of
Collier County, Florida, subsequent to the recordation of the grant deed pursuant
to which the developer acquires fee simple title to the property.
19. Each affordable housing rental unit shall be restricted to remain and be maintained
as the type of affordable housing rental unit (moderato, low_ or very_low_
income) designated in accordance with the AHDB development agreement for
at least 30 4-5 years from the issuance of a certificate of occupancy for such unit.
20. Each affordable housing owner-occupied unit shall be restricted to remain and be
maintained as the type of affordable housing owner-occupied unit (gap- ,
moderate - , low-, or very-low-income) designated in accordance with the
AHDB development agreement for at least 30 years from the issuance of a
certificate of occupancy for such unit.
21. The developer and owner of a rental the development shall provide on-site
management to assure appropriate security, maintenance and appearance of the
development and the dwelling units where these issues are a factor.
B. Compliance with growth management plan and land development regulations. The AHDB
shall be available to a development only to the extent that it otherwise complies and is
consistent with the GMP and the land development regulations, including the procedures,
requirements, conditions and criteria for e - --- - -- - -- --- PUDs.) and
rezonings, where applicable.
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C. Minimum number of affordable housing units. The minimum number of affordable
housing units that shall be provided in a development pursuant to this section shall be
ten 10 percent of the total affordable housing units.
D. Nontransferable. The AHDB is not transferrable between developments or properties.
E. Phasing. In the case where a development will occur in more than one phase, the
percentage of affordable housing units to which the developer has committed for the
total development shall be maintained in each phase and shall be constructed as
part of each phase of the development on the property. For example, if the total
development's AHDB is based on the provision of ten percent of the total dwelling units
as affordable housing rental units for low_income households with two bedrooms per
unit, then each phase must maintain that same percentage (10 ten percent in this case)
cumulatively.
* * * * * * * * * * * * *
SUBSECTION 3.F. AMENDMENTS TO SECTION 2.06.05 AFFORDABLE HOUSING DENSITY
BONUS MONITORING PROGRAM
Section 2.06.05 Affordable Housing Density Bonus Monitoring Program, of Ordinance 04-41, as
amended, the Collier County Land Development Code, is hereby amended to read as follows:
2.06.05 Affordable Housing Density Bonus Monitoring Program
A. Annual progress and monitoring report. The AHDB for a development shall be subject to
the AHDB monitoring program set forth in this section. The developer shall provide the
County Manager or his designee with an annual progress and monitoring report regarding
the delivery of affordable housing rental/ownership units throughout the period of their
construction, rental, sale, and occupancy for each of the developer's developments which
involve the AHDB in a form developed by the County Manager or his designee. The
annual progress and monitoring report shall, at a minimum, require any information
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reasonably helpful to ensure compliance with this section and provide information with
regard to affordable housing in Collier County. To the extent feasible, the County
Manager or his designee shall maintain public records of all dwelling units (AHDB and
affordable housing units) constructed pursuant to the AHDB program, all affordable
housing units constructed pursuant to the AHDB program, occupancy statistics of such
dwelling units, complaints of violations of this section which are alleged to have
occurred, the disposition of all such complaints, a list of those persons who have
participated as tenants or buyers in the AHDB program, and such other records and
information as the County Manager or his designee believes may be necessary or
desirable to monitor the success of the AHDB program and the degree of compliance
therewith. Failure to complete and submit the monitoring report to the County Manager
or his designee within 60 days from the due date will result in a penalty of up to $50.00
per day per incident or occurrence unless a written extension not to exceed 30 days is
requested prior to expiration of the 60-day submission deadline.
B. Income verification and certification.
1. Eligibility. The determination of eligibility of gap-, moderate-, low-, and very-low-
income households to rent or buy and occupy affordable housing units is the
central component of the AHDB monitoring program. Household income eligibility
is a three-step process:
Submittal of an application by a buyer or tenant;
101 Verification of household income and assets; and
Execution of an income certification.
All three shall be accomplished prior to a buyer or tenant being qualified as an
eligible household to rent or purchase and occupy an affordable housing unit
pursuant to the AHDB program. No person shall occupy an affordable housing
unit provided under the AHDB program prior to being qualified at the appropriate
level of income (gap-, moderate-, low-, or very-low-income).
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Eligibility. The determination of eligibility of moderate, low, and very low
or purchase and occupy an affordable housing unit pursuant to the AHDB program.
or very low income).
2. The developer shall be responsible for accepting applications from buyers or
tenants, verifying income and obtaining the income certification for its development
which involves AHDB, and all forms and documentation must be provided to the
County Manager or his designee prior to qualification of the buyer or tenant as
a qap-, moderate:, low or very-low-income household fly. The County
Manager or hi-s designee shall review all documentation provided, and may verify
the information provided from time to time. Prior to occupancy by a qualified
buyer or tenant, the developer shall provide to the County Manager or hi-s
designee, at a minimum, the application for affordable housing qualification,
including the income verification form and the income certification form, and the
purchase contract, lease, or rental agreement for that qualified buyer or tenant.
At a minimum, the lease shall include the name, address and telephone number
of the head of household and all other occupants, a description of the unit to be
rented, the term of the lease, the rental amount, the use of the premises, and
the rights and obligations of the parties. Random inspections to verify occupancy
in accordance with this section may be conducted by the County Manager or his
designee.
3. Application. A potential buyer or tenant shall apply to the developer, owner,
manager, or agent to qualify as a qap-, moderate:, low:, or very_low_income
household family for the purpose of renting; or owning and occupying an
affordable housing rental unit pursuant to the AHDB program. The application for
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affordable housing qualification shall be in a form provided by the County Manager
or his designee and may be a part of the income certification form.
4. Income verification. The County Manager or hi., designee or the developer shall
obtain written verification from the potential occupant (including the entire
household) to verify all regular sources of income to the potential tenant/owner
(including the entire household). The written verification form shall include, at a
minimum, the purpose of the verification, a statement to release information,
employer verification of gross annual income or rate of pay, number of hours
worked, frequency of pay, bonuses, tips and commissions and a signature block
with the date of application. •- - . .-- - • - - - -- - •• - • - ----
household), a statement to release information, tenant verification of the return,
and a signature block with the date of application. The verification shall be valid
for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the
information may be verbally updated from the original sources for an additional
30 days, provided it has been documented by the person preparing the original
verification. After this time, a new verification form must be completed. The income
verification may take the form of the most recent year's filed income tax return for
each occupant who had filed and will occupy the affordable housing unit.
5. Income certification. Upon receipt of the application and verification of income,
an income certification form shall be executed by the potential buyer or tenant
(including the entire household) prior to sale or rental and occupancy of the
affordable housing unit by the owner or tenant. Income certification that the
potential occupant has a qap-, moderate:, low:, or very_low-income household
income qualifies the potential occupant as an eligible household family to
buy or rent and occupy an affordable housing unit under the AHDB program. The
income certification shall be in a form provided by the County Manager or hos
designee.
6. The Developer shall be deemed in compliance with the AHDB agreement if the
Developer has complied with the tenant eligibility and qualification requirements of
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the Florida Housing Finance Corporation by providing the County Community and
Human Services Division a copy of the annual Florida Housing Finance Corporation
compliance and program reports.
* * * * * * * * * * * * *
SUBSECTION 3.G. AMENDMENTS TO SECTION 2.06.06 VIOLATIONS AND ENFORCEMENT
Section 2.06.06 Violations and Enforcement, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.06.06 -Violations and Enforcement
A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell
or occupy, an affordable housing rental unit provided under the AHDB program except
as specifically permitted by the terms of section 2.06.00, or to knowingly give false or
misleading information with respect to any information required or requested by the
County Manager or la-is designee or by other persons pursuant to the authority which is
delegated to them by section 2.06.00.
B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00,
a notice of violation shall be issued and sent by the County Manager or la-is designee by
certified return receipt requested U.S. mail, or hand delivery to the person or developer
in violation of section 2.06.00. The notice of violation shall be in writing, shall be signed
and dated by the County Manager or #is designee or such other county personnel
as may be authorized by the BCC, shall specify the violation or violations, shall state
that said violation(s) shall be corrected within 10 t.efi days of the date of notice of
violation, and shall state that if said violation(s) is not corrected by the specified date that
civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by
the specified date in the notice of violation, the County Manager or la-is designee shall
issue a citation which shall state the date and time of issuance, name and address
of the person in violation, date of the violation, section of these regulations, or
subsequent amendments thereto, violated, name of the County Manager or his
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designee, and date and time when the violator shall appear before the code enforcement
board.
C. Criminal enforcement. Any person who violates any provision of this section shall, upon
conviction, be punished by a fine not to exceed $500.00 per violation or by imprisonment
in the county jail for a term not to exceed 60 days, or by both, pursuant to the provisions
of F.S. § 125.69. Such person also shall pay all costs, including reasonable
attorney's fees, including those incurred on appeal, involved in the case. Each day
such violation continues, and each violation, shall be considered a separate offense.
D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant
to section 2.06.06 C. above, Collier County and the County Manager or his designee
shall have full power to enforce the terms of this section and any AHDB development
agreements, rezoning conditions or stipulations, and planned unit development (PUD)
conditions and stipulations pursuant to this section and the rights, privileges and
conditions described herein, by action at law or equity. In the event that it is determined
that a violation has occurred and has not or will not be corrected within 60 days, the
certificate of occupancy for all AHDB units within the development shall be withdrawn and
the sanctions or penalties provided in the AHDB development agreement shall be
pursued to the fullest extent allowed by law.
X X X X X * X X K x x x x
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
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SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "ordinance" may be changed to"section,""article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 12th day of February, 2019.
ATrE`51` °' " . BOARD OF COUNTY COMMISSIONERS
-dRYSTAL"K.'ILNZEL, CLERK OF COLLIER COUNTY, FLORIDA
Ce)
_ -I�By: ,, � \.� By:
, , Deputy Clerk W. . -McDaniel,Jr. Chairman
, ttest'avto Chairman's
signature only,
Approved as to form and legality:
ki...4.
Scott A. Stone
Assistant County Attorney
This ordinance filed with the
Secretary of State's Office the
i dcy of ft--bi t v" 1e,
and acknowied ler„e;'t of that
�. this da
#i,�r�� rccive;a ,..iy � y
of 4.' ' •
, cJ
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---AVfJ:
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FLORIDA DEPARTMENT Of STATE
E
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
February 14, 2019
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Teresa L. Cannon
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-02, which was filed in this office on February 14,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us