Resolution 2005-408
I
RESOLUTION NO. 2005- 408
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND
REPLACING RESOLUTION 2005-21, AMENDING THE COLLIER
COUNTY ADMINISTRATIVE CODE AND THE I)ROCEDURES FOR
EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR
QlJALIFIED AFFORDABLE nOlJSING; AND PROVIDING FOR
CODIFICATION OF THIS POLICY AND PROCEDlJRES.
WHEREAS, the intent of Goal 1 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; and
WHEREAS, Objective 1 of the GMP's Housing Element states that the numher of
new affordable housing units shall be increased by 500 units each year in an effort to continue
,
to meet the housing needs of all current and future very-low, low and moderate income
residents of the County, including those households with special needs such as rural and
farmworker housing in Collier 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 the County and the City to review the existing permit processing systems in an effort
to reduce the processing time and cost of housing and especially for affordable housing, to
identify areas that can be streamlined; and
WHEREAS, in order to comply with Sec, 420.9071 (16), F.S., the Board of County
Commissioners through Resolution No. 2005-21 adopted 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, the Board of County Commissioners desires to amend these procedures to
match other expedited review programs administered by the County and that Resolution 2005-
21 be rescinded and this new Resolution take its place; and
WHEREAS, these procedures are appropriate for inclusion in the Collier County
Administrati ve Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida, that:
1. This Resolution shall supersede and replace Resolution 2005-21.
Page I of 6
-~---~-- -,.'"-~,_._,-,--,--~
I
2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution.
3. The Board of County Commissioners' affordable housing expedited review policy as
amended 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 420.9071 (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. ]n order to qualify for affordable housing expedited review the applicant for
a proposed development order or permit must:
1. specifically request affordable housing expedited review project status as part of
an application for a county development order or permit, as defined in Sec. 163.316..t (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 cOITesponding
environmental reviews, traffic reviews, and fire code reviews and;
2. be willing and able to record in the public records a proposed land use
restriction, developer agreement, POO 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 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;
Page 2 of 6
.,_...._,_.^._~ ---.--,-..-..--"-..,.'..,'--
I
.
b, construct fifty (50) or more, but less than two hundred (200) dwelling
units, then at least fifteen percent (I5(1IlJ) 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 ten
percent (10%) 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 Operational Support and Housing Department
stating that the affordable housing project has qualified for affordable housing expedited
review status.
C. Affordable Housing Expedited Review Procedures.
1. Affordable housing expedited revzew qual(ficati011 IIlcetillg- Prior to an
application for a development order or permit being submitted to Collier County for
affordable housing expedited review, the applicants or agents must attend a qualification
meeting with the Operational Support and Housing Depat1ment. 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 Operational Support and Housing Department (OSH).
2. Submittal of affordable housing expedited review Application and Cert(!lcate,
Once qualified, a complete development order or development permit application,
including a certificate of affordable housing expedited review status review issued by
OSH, must be submitted to the County for expedited review within six months from date
of issuance of the certificate, If not timely submitted, the applicant must apply to be re-
qualified under 1., 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, or the
Building Review and Permitting Department, will receive an expedited sufficiency
review as set forth below.
Page 3 of 6
--..--- -~,..- .-'.
I
a, To be considered "complete" an application submittal package must
include the following: all items checked off on pre-application meeting notes
(j.e, COITect fees, addressing checklist, and any additional information requested
during the pre-application meeting).
b. The Department of Zoning and Land Development Review, or the
Building Review and Permitting Department, will review the submittal package
and determine it to be "complete" or "incomplete" at the time the application is
submitted.
c, An application package deemed "incomplete" will not be accepted and
will be returned to the applicant and the applicant will be advised of the
deficiencies and will be directed to reapply. With each subsequent completeness
submittal, the Department of Zoning and land development Review, or Building
Review and permitting Department will determine an application package to he
"complete" or "incomplete" at the time of submittal.
d. Once an application package is deemed "complete" it will have all
necessary data entered into the computer-tracking program noting the applicable
affordable housing expedited review period: 120 business days for Rezoning
Petitions or 60 business days for Plat or Site Development Plans or 75 business
days for residential Building Permits. If an Environmental Impact Statement is
required with the application, an additional 30-45 business days of review time
may be required to adequately coordinate letters of technical assistance for
appropriate state and federal review agencies. These review periods will include
all the necessary public hearings however they are predicated on the required
quorum before the Environmental Advisory Counsel (EAC) and the Collier
County Planning Commission (CCPC) and scheduled meeting dates of the Board
or County Commissioners (BCC).
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) business days from sufficiency determination.
4. Expedited review times for staff affordable housing expedited review projects,
Page 4 of 6
- - '^--,---_.._-"'--_.-,'"~'- ".._.,"~,A'~__~"_~'____"_"___ .
I
a. 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 business days for rezoning requests, 60 business
days for platting or Site Development Plan requests, or 75 days for residential
Building Permit requests from date of distribution for staff review,
b. As may be appropriate, subsequent public hearings before the CCPC and
the 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 business
days from posting of final staff review comments on the computer tracking
system. As such, the Cdunty's 60/120/75 business day review timeframes will
not include any time when the application has been returned to the applicant for
corrections based on staff's sufficiency review comments.
c. In order to meet the expedited review period.;. staff reviewers must
complete their initial review of affordable housing expedited review applications
within fifteen (15) business days from receipt for rezone petitions, seven (7)
business days from receipt for platting and Site Development Plans, or 75
business days from receipt for residential Building Permits. If an Environmental
Impact Statement is required with the application, a 30-45 additional business
day review time will be required. Sufficiency R-review comments wi II be
forwarded via fax or email to the applicant within one (1) working days of when
they are posted on the computer tracking system,
d. Within two (2) business 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,
e. 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.
f. Once an application for a development order or permit has been rejected
three (3) times by county staff, the applicants or agents must attend a mandatory
Page 5 of 6
",,-----,---
I
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.
D. Applicant Requirements.
1. Partnership Agreement. The applicant shall sign and enter into a "Partnership
Agreement" with Collier County in order to participate in the Fast Track expedited review
program and agree to the terms requirements of the program, including, but not limited to, the
timely submission of all information relevant to the petition and subsequent submittals of
information in response to staff reviews. '
this TI-:P~fESOLUTI~N ADOPTED after motion, second, and majority vote favoring same
?.J -tlayof ^ (.'vl/rnf)-</, 2005.
if
A TrEST: BOARD OF COUNTY COMMISSIONERS
DWIGHTE..BROCK, Clerk COLLIER COUNTY, FLORIDA
<':~,,'.'.: :', L,',?<:"
BY: ~/ulL W. ~
.
FRED W. COYLE, Chairma
App
lega
Page 6 of 6
- -~,-----,-,<--"""'- ---"-